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Res P-15-30RESOLUTION NO P -15 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 15 -010 ASSESSOR'S PARCEL NUMBER 323 - 010 -15 WHEREAS, Minor Development Review Application (MDRA) 15 -010 is a request to construct a 3,025- square -foot residence with a two- car - garage on a vacant, 1 2 -acre property located in the 13800 block of Belvedere Drive, within the Rural Residential C (RR -C) zone, and WHEREAS, on December 15, 2015, the City Council held a duly noticed public meeting to receive testimony from the public, both for and against, relative to this matter NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows Section 1. The findings for MDRA 15 -010, in accordance with Section 17 52 010 of the Poway Municipal Code (PMC), Purpose of Development Review, are made as follows A. The project has been designed to be architecturally compatible with surrounding residential development, to minimize landform alteration, and conform to City zoning, development and grading standards Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City B The project has been designed to minimize impacts on surrounding residential development by utilizing earth -tone colored exterior building materials and an architectural design that is compatible with surrounding development. Therefore, the proposed development respects the public concerns for the aesthetics of development, and encourages the orderly and harmonious appearance of structures and property within the City C The granting of the MDRA would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the new residence and garage D The project has been designed to be consistent with development in the surrounding residential area by utilizing exterior building materials and an architectural design that is compatible with .nearby residential development Therefore, the proposed development respects the public concerns for the aesthetics of development. E The project will not have an adverse effect on the aesthetics, health and safety, or an architecturally - related impact upon adjoining properties, as the project has been designed to be consistent with development in the surrounding residential area by utilizing exterior building materials and an architectural design that is compatible with nearby residential development. Resolution No P -15 -30 Page 2 F The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as the project conforms with the provisions of the Zoning Code Section 2 The findings, pursuant to Government Code Section 66020, for the public improvements for MDRA 15 -010 are made as follows A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. B In accordance with the Poway General Plan, the project requires the payment of development impact fees, which are assessed on a pro -rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City Section 3. The City Council hereby approves MDRA 15 -010, subject to the following conditions A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B Approval of this MDRA request shall apply only to the subject project, and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance C Within 30 days of the date of this approval or before submittal of a Building Permit application, whichever occurs first, the applicant shall submit in writing that all conditions of approval have been read and understood D The conditions for the project shall remain in effect for the life of the subject property, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner E Prior to issuance of a Grading Permit: Resolution No P -15 -30 Page 3 (Engineering) 1 Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development. 2 Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer Submittal shall be made to the Department of Development Services Engineering Division for review and approval The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted All technical studies as required by Chapter 16 PMC shall be submitted 3 A drainage study addressing the impacts of a 100 year storm event, prepared by a licensed Civil Engineer, is to be submitted and approved The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer 4 Grading securities shall be posted with the City prior to grading plan approval per PMC 16 46 080 A minimum cash security of $2,000 is required in all instances 5 The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule The current fee amount is $1,054 6 Following approval of the grading plans, posting of securities and fees, and receipt of five copies of the approved plans, the applicant shall attend a pre - construction meeting at the Department of Development Services The scheduling request shall be submitted on a City standard form available from the City's project engineer The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed Compliance for sediment control shall be provided as directed by the project inspector 7 Prior to start of any work within a City -held easement or right -of -way, a Right -of- Way Permit shall be obtained from the Engineering Division of the Development Services Department All appropriate fees shall be paid prior to permit issuance 8 Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans Resolution No P -15 -30 Page 4 (Planning) 9 The limits of grading and clearing activity area shall be staked by a licensed surveyor, and delineated with orange construction fencing before any grading /clearing or ground disturbing activities The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing or grubbing A written certification from the engineer of work, or a licensed surveyor, shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans 10 Impacts to 0 18 -acres of Coastal Sage Scrub (CSS) and the two Coast barrel cactus shall be mitigated at a 2 1 ratio (0 36- acres) This requirement shall be met through off -site dedication of a Biological Conservation Easement (BCE) over similar quality and type habitat In lieu of the off -site dedication, the applicant may opt to pay the Habitat Mitigation In -Lieu Fee at the established rate at the time of payment. Presently the rate is $17,000 /acre 11 In accordance with Condition H of the Poway HCP Incidental Take Permit, a take of active California gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted Therefore, grading and removal of habitat during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director of Development Services The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures, to the satisfaction of the City and the United States Fish and Wildlife Service ( USFWS,) are implemented There is no guarantee that grading will be allowed to resume during nesting season Before issuance of a Clearing /Grading Permit, if grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division a letter from a qualified biologist retained by the applicant, with a scope of work for a CSS habitat and Gnatcatcher Survey, and a report for the area to be cleared and /or graded and CSS habitat areas within 500 feet of such area The biologist shall contact the USFWS to determine the appropriate survey methodology The purpose of the survey is to determine if any active gnatcatcher nests are located in the area to be cleared or graded, or in CSS habitat within 500 feet of such area To be considered qualified, the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the U S Fish and Wildlife Service ( USFWS) The scope of work shall explain the survey methodology for the biological survey and the proposed gnatcatcher nest monitoring activities during the clearing /grading operation Should the report show, to the satisfaction of the Director of Development Services, that gnatcatcher nests are not present within the area to be graded/ cleared, or within CSS habitat located within 500 feet of Resolution No P -15 -30 Page 5 said area, approval may be granted to commence clearing /grading within the gnatcatcher nesting season from February 15 through July 1 If gnatcatchers are nesting within the area to be graded/ cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time The biologist must attend the City's pre- construction meeting for the project and must be present onsite during all clearing /grading activities to monitor that the clearing /grading activities stay within the designated limits During this period, the biologist shall also monitor and survey the habitat, on a daily basis, within the area to be cleared /graded and any habitat within 500 feet of said area for any evidence that a gnatcatcher nest(s) exists or is being built Weekly monitoring summaries shall be submitted to the Planning Division Should evidence of a gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s) If grading is required to stop due to the presence of active nests, the applicant shall be required to provide erosion control, to the satisfaction of the City Engineer This paragraph must be included as a note on the cover sheet of the clearing /grading plan At a minimum, all protected biological areas, as shown on the grading plan, shall be staked by a licensed surveyor and delineated with lathe and ribbon The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing or grubbing A written certification from the engineer of work, or a licensed surveyor, shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans The biologist shall provide the City with written confirmation that the limits of clearing/ grading are in accordance with the project's Biological Resource Assessment. Upon completion of the clearing /grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any gnatcatchers or evidence of active gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area 12 In accordance with the Cultural Resources Survey reports for the project dated July 2015 and September 2015, prepared by Laguna Mountain Environmental, Inc , the remaining untested portion of site CA- SDI -15993 on the subject property as shown on Figure 3 of the July 2015 project Cultural Resources Survey report shall be preserved in a cultural open space easement (OSE) The applicant shall Resolution No P -15 -30 Page 6 be responsible for providing an OSE legal plat map and legal description (prepared by a licensed civil engineer), submittal of this information to the City, and City easement plan check fees 13 A Mitigation Monitoring and Reporting Program shall be implemented to monitor ground - disturbing activities by a properly credentialed archeological monitor and a recognized Native American monitor to ensure that if buried cultural materials, either historic or pre- historic, are present, they will be handled in a timely and proper manner- a The applicant shall provide written verification that a certified archeological monitor and recognized Native American monitor have been retained to implement a monitoring program This verification shall be presented in a letter from the project archeologist to the Planning Division of the City of Poway b The certified archeological monitor and the Native American monitor shall attend the pre - grading meeting with the contractors to explain and coordinate the requirements of the monitoring program c During the original cutting of previously undisturbed deposits, the archeological monitor(s) and Native American monitor shall be on -site, as determined by the project archeologist, to perform periodic inspections of the excavations The frequency of inspections will depend on the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features d Isolates and clearly non - significant deposits will be minimally documented in the field so the monitored grading can proceed e In the event that previously unidentified cultural resources are discovered, the archeological monitor shall have the authority to divert or temporarily halt ground- disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources The project archeologist shall contact the Planning Division of the City of Poway at the time of discovery The project archeologist, in consultation with the City of Poway, shall determine the significance of the discovered resources Concurrence from the City of Poway Director of Development Services must be obtained with the evaluation before ground disturbing activities will be allowed to resume in the affected area For significant cultural resources, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the project archeologist and approved by the City of Poway before being carried out using professional archeological methods If any human bones are discovered, the county coroner and City of Poway shall be contacted In the event that the remains are determined to be of Native American origin, the most likely descendant, as identified by the Native American Heritage Commission shall be contacted in order to determine proper treatment and disposition of the remains f Before ground disturbing activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archeological methods The archeological monitor(s) shall determine the Resolution No P -15 -30 Page 7 amount of material to be recovered for an adequate artifact sample for analysis g All cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards The collections and associated records shall be transferred, including title, to an appropriate curation facility (one meeting the Curation of Federally Owned and Administered Archeological Collections standard — 36CFR79), to be accompanied by payment of the fees necessary for permanent curation h A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the City of Poway Director of Development Services prior to the issuance of any building permits The report will include DPR Primary and Archeological Site Forms 14 Any fence or wall shall not exceed six feet in height; within the front yard setback area the top two feet of a six - foot -high fence /wall must be constructed of open fencing Any retaining walls proposed shall be shown on the grading and building plans, and shall be constructed of decorative block or stucco finish consistent with the residence F Prior to construction the applicant shall obtain a Building Permit. Prior to issuance of a Building Permit the applicant shall comply with the following (Engineering) 1 The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City 2 Erosion control shall be installed and maintained by the developer from October 1 to April 30 The developer shall maintain all erosion control devices throughout their intended life 3 Applicant shall obtain a Grading Permit and complete rough grading of the site The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer Following completion of rough grading, please submit the following a) Three copies of certification of line and grade for the lot, prepared by the civil engineer of work. b) Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer The certification and report are subject to review and approval by the City Resolution No P -15 -30 Page 8 4 The applicant shall pay all applicable development impact fees in effect at time of permit issuance Listed below is an estimate of the current applicable fees and amounts a Water (1" meter) $5,448 b Fire Apparatus (Rural SFR) $12203 c Traffic (Rural SF Res) $2,310 d Park (SF Res) $4,562 e Drainage (Poway Creek) $1,200 There is also a required fee to the San Diego County Water Authority in the amount of $7,490 for a 1" meter (Planning) 5 The site plan included with the building plan check shall be consistent with the approved site plans on file in the Development Services Department and the conditions contained herein 6 The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, Chapter 17 07 PMC, and all other applicable codes and ordinances in effect at the time of permit issuance 7 The applicant shall contact the Poway Unified School District [858 679 -2570] to verify if school impact fees are required If required, the fees shall be paid at the rate established at the time of Building Permit issuance 8 An Affordable Housing In -Lieu Fee shall be paid at the established rate 9 The owner shall execute a Deed Covenant (prepared by the City) on the property, which will be recorded with the County Recorder, stating that the separate office and restroom area will never by rented or leased as a separate unit and complete kitchen facilities will not be installed 10 Exterior building materials and finishes shall reflect the approved elevations on file with the City and these conditions of approval, and shall be noted on the building plans to the satisfaction of the Director of Development Services 11 The retaining walls along the access driveway shall be constructed of decorative block or stucco finish consistent with the subject residence 12 Permanent low- profile fencing that blends in with the natural hillside setting is required to be installed along the limits of the cultural open space easement to delineate the limits of the easement A manufacturer's brochure of the proposed fencing shall be submitted to the Planning Division for review and approval of the proposed material and color prior to installation A note shall be added to the plans identifying the type of fencing, height and color that is approved Resolution No P -15 -30 Page 9 13 All architectural details shown on the approved MDRA plans shall also be shown on the building plan check submittal Any major modifications to the building or site design details on the approved MDRA plans will require a MDRA revision approval 14 Exterior building materials and finishes shall reflect the approved elevations on file with the City and these conditions of approval, and shall be noted on the building plans to the satisfaction of the Director of Development Services 15 The cultural artifacts that were found on the subject property during the archeological testing on the property completed by Laguna Mountain Environmental, Inc shall be curated at an appropriate curation facility (one meeting the Curation of Federally Owned and Administered Archeological Collections standard — 36CFR79) 16 Landscape and irrigation plans shall be submitted for review and approval The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapters 17 07 and 17 41 PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals, and is made directly to the Planning Division Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist, and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. All manufactured slopes greater than a 5 1 slope shall be landscaped and irrigation shall be installed to the satisfaction of the Director of Development Services and the Fire Marshal Manufactured slopes greater than 5 1 shall be planted with a combination of ground cover, shrubs, and trees (with ratios and sizes consistent with the guidelines), and shall be provided with an automatic irrigation system operational at the time of final inspection Additionally, any disturbed, denuded areas within the required front yard setback area shall be landscaped and irrigated to the satisfaction of the Director of Development Services The plans shall show the location of the proposed Open Space Easement. G The applicant shall comply with the following fire safety requirements, to the satisfaction of the Fire Marshal 1 The residence shall be accessible to Fire Department apparatus by way of access roadways with an all- weather, paved driving surface of not less than 16- feet wide, with a roadway interior turning radius of not less than 28 feet, capable of supporting the imposed loads (75,000 Ibs ) of fire apparatus with a minimum of 13 feet 6 inches of vertical clearance The fire apparatus access roadway shall be constructed of cement concrete Resolution No P -15 -30 Page 10 2 Approved numbers or addresses measuring 4 to 6 inches in height shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the project. Numbers shall contrast with their background 3 Roof covering shall comply with PMC 15 04 050, and City of Poway Ordinance No 64 and its amended Ordinance No 526, and shall not be less than a Class "A" roof assembly 4 A residential fire sprinkler system with a one -inch water meter is required to be installed A separate plan submittal and approval to the Poway Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler contractor or fire protection engineer is required for the residential sprinkler system prior to installation A separate fee is required for this plan check If a one -inch lateral off the street main is currently not present, one will have to be installed If a pressure pump is required for fire sprinkler operation, auxiliary power is required 5 Smoke detectors shall be installed in all bedrooms and adjoining hallways The smoke detectors shall be hard - wired, with a battery backup, and shall be interconnected throughout Smoke detectors shall be wired in such a manner that if one detector activates, all detectors activate 6 Carbon monoxide detectors shall be installed in hallways adjoining bedrooms The carbon monoxide detectors shall be hard - wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate 7 Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester H Prior to issuance of the Certificate of Occupancy- 1 The site shall be developed and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein A final inspection from appropriate City departments will be required (Engineering) 2 All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground No extension of overhead utilities shall be permitted 3 The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval All new utility services shall be placed underground Resolution No P -15 -30 Page 11 4 An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector 5 The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 6 After completion of all work, record drawings, signed by the engineer of work, shall be submitted to the Development Services Department for review prior to a request of occupancy, per Section 16 52 130B of the Grading Ordinance Approval of record drawings is required prior to issuance of occupancy and release of grading securities Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended (Planning) 7 Permanent low- profile fencing shall be installed along the northerly, easterly and westerly limits of the OSE to provide a physical delineation and barrier to clearly mark the area of the lot that is preserved and protected 8 Landscaping shall be installed per the approved landscape plan Section 4 The approval of MDRA 15 -010 shall expire on December 15, 2017, at 5 00 p m unless, prior to that time, a Building Permit has been issued and construction on the property has commenced prior to its expiration Section 5 The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094 6 of the California Code of Civil Procedure PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 15th day of December, 2015 Steve Vaus, Mayor ATTEST h Sheila Cobian, CMC, City Clerk Resolution No P -15 -30 Page 12 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) I, Sheila R Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No P -15 -30 was duly adopted by the City Council at a meeting of said City Council held on the 15th day of December, 2015, and that it was so adopted by the following vote AYES LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS NOES NONE ABSENT NONE DISQUALIFIED NONE au �'ULR Sheila Cobian, CIVIC, City Clerk City of Poway