Loading...
Res P-16-11RESOLUTION NO. P -16 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 13 -035 ASSESSOR'S PARCEL NUMBER: 323 - 010 -26 WHEREAS, the City Council considered Minor Development Review Application (MDRA) 13 -035, a request to construct a 2,758- square -foot single - family residence with a 528 - square -foot attached garage on a vacant 1 acre lot accessed from the cul -de -sac of Belvedere Drive, in the Rural Residential C (RR -C) Zone. The project also involves the installation of a septic system to serve the residence and the construction of an access driveway; and WHEREAS, on April 5, 2016, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The findings for MDRA 13 -035, in accordance with PMC 17.52.010 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. Resolution No. P -16 -11 Page 2 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. 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 13 -035 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 13 -035, 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 MDRA 13 -035 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. Resolution No. P -16 -11 Page 3 C. 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. D. Prior to issuance of a Grading Permit, the applicant shall comply with the following: (Engineering) 1. 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 of the Poway Municipal Code shall be submitted. 2. A drainage study addressing the impacts of the 100 year storm event prepared by a registered 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. 3. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the Poway Municipal Code. A minimum cash security of $2,000 for erosion control is required. 4. 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. 5. Following approval of the grading plans, posting of securities and fees, and receipt of three 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. 6. Prior to start of any work within a City -held easement or right -of -way, 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. Resolution No. P -16 -11 Page 4 7. 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. (Planning) 8. Any fence or wall shall not exceed six feet in height. 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 to the satisfaction of the Director of Development Services. 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 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. 11. 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. Resolution No. P -16 -11 Page 5 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 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. 12. Prior to removal of any trees during the recognized nesting season for raptors, a qualified professional shall evaluate the subject trees for nests and report the findings in writing to the City. Should a nest be located, removal of Resolution No. P -16 -11 Page 6 the tree shall be delayed until such time as the nest(s) have been abandoned. 13. 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. The project site is located within 500 feet of coastal sage scrub habitat (CSS). Therefore, grading 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: a. 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. b. Before issuance of a Clearing /Grading Permit, if grading 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 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 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). C. 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 said area, approval may be granted to commence clearing /grading within the gnatcatcher nesting season from February 15 through July 1. d. 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. e. The biologist must attend the City's pre- construction meeting for the project and must be present on -site during all clearing /grading activities to monitor that the clearing/ grading activities stay within the Resolution No. P -16 -11 Page 7 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). f. 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. g. 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. h. 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. 14. 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. Resolution No. P -16 -11 Page 8 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. E. Prior to construction the applicant shall obtain a Building Permit. Prior to issuance of a Building Permit the applicant shall comply with the following: 1. 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. 2. 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. (Engineering) 3. 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. 4. 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. 5. 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 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. 6. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground prior to occupancy. Submit Resolution No. P -16 -11 Page 9 documentation to the satisfaction of the Director of Development Services Department that all necessary easements have been obtained. 7. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. Listed below are the current applicable fees and amounts: a. Water (1" meter) $5,448 a. Fire Protection Impact (1 EDU) $122.03 b. Traffic (SF Res) $2,310 c. Park (SF Res) $4,562 d. Drainage (Midland) $2,168.19 There is also a separate required fee to the San Diego County Water Authority in the amount of $7,490 for a 1" meter. (Planning) 8. 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. 9. An Affordable Housing In -Lieu Fee shall be paid at the established rate. 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 adjacent residence(s). 12. The required landscape plan shall be approved. 13. 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). F. The applicant shall comply with the following fire safety requirements, to the satisfaction of the Fire Marshal: The applicant is required to meet all applicable PMC and California State Fire and Building Codes for this project. The applicant is encouraged to contact the Division of Fire Prevention at (858) 668 -4472 to set up a meeting prior to submitting building plans in order to review project requirements. Resolution No. P -16 -11 Page 10 2. The residence shall be accessible to Fire Department apparatus by way of access roadways with an all- weather driving surface of not less than 18 feet of unobstructed width between Belvedere Drive and the point where the access serves only two parcels. The minimum unobstructed width of the driveway serving the project shall be 16 feet. Roadway interior turning radius of not less than 28 feet capable of supporting the imposed loads of fire apparatus with a minimum of 13 feet 6 inches of vertical clearance is required. The Fire Chief, pursuant to the Poway Municipal Code, shall approve the road surface type. 3. The access easement shall have an address sign installed and maintained, listing all street numbers occurring on that easement located where the easement intersects Belvedere Drive. The minimum size of the numbers on the sign shall be 4 inches in height with a minimum stroke of 3/8 -inch and shall contrast with the background. 4. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent shall be constructed of cement concrete. 5. Dead -end access roadways in excess of 150 feet long shall be provided with approved provisions for turning around of Fire Department apparatus. Curves and topographical features could alter the requirements for turnarounds and the width of access roadways. An approved emergency vehicle turnout shall be installed along the driveway access roadway. 6. 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. 7. Roof covering shall comply with Section 15.04.050 of the Poway Municipal Code, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. And shall not be less than a Class "A" roof assembly. 8. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key- operated switches overriding all command functions and opening gates. A dual keyed or dual switches shall be provided to facilitate access by law enforcement. 9. A residential fire sprinkler system with a one -inch water meter is required to be installed in the proposed residence and guest house /garage. 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 G Resolution No. P -16 -11 Page 11 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. 10. 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. 11. 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. 12. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester. Prior to issuance of the Certificate of Occupancy: 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. 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. A private road maintenance agreement shall be executed. The applicant shall submit any necessary legal descriptions and plat maps for the agreement. The agreement shall include all private roads from the proposed driveway to the nearest public road. The agreement shall be in a form satisfactory to the City Attorney. Resolution No. P -16 -11 Page 12 7. The stormwater facilities shall be complete and operational prior to occupancy. 8. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services 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) 9. Landscaping shall be installed per the approved landscape plan. Section 4: 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. Section 5: The approval of MDRA 13 -035 shall expire on April 5, 2018, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 5th day of April 2016. Steve Vaus, Mayor ATTEST: - d" &K��o Linda K. Hascup, CMC, Interi City Clerk Resolution No. P -16 -11 Page 13 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Linda K. Hascup, CIVIC, Interim City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P -16 -11 was duly adopted by the City Council at a meeting of said City Council held on the 5th day of April 2016, and that it was so adopted by the following vote: AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Linda K. Hascup, CIVIC, Irfterim City Clerk City of Poway