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Res P-17-12RESOLUTION NO. P-17-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 16-050, VARIANCE 16-005 AND UNDERGROUND WAVIER 17-002 ASSESSOR'S PARCEL NUMBER 277-010-15 WHEREAS, Minor Development Review Application (MDRA) 16-050, Variance (VAR) 16-005 and Underground Waiver (UW) 17-002 were submitted by Joe Scheuer, Applicant/Rhett and Kathryn Affleck, Owner; requesting to construct a 3,825 square -foot single-family residence, a 503 square -foot attached garage, and a 720 square -foot detached garage on a vacant lot on 18116 Old Coach Road the Rural Residential -A (RR- A) zone. Also, requesting a variance to allow the detached garage to maintain at 5 -foot side yard setback and a 25 -foot front yard setback where 20 feet and 40 feet are required respectively by the RR -A zone, and a waiver of the requirement to underground existing overhead utilities; and WHEREAS, on July 18, 2017, 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 project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Classes 3 and 5 Categorical Exemptions, Sections 15303(a) and 15305, in that the project involves the construction of a single-family residence on an existing legal parcel located in a residential zone and the variance for a reduced front and side yard setback will not result in changes in land use or density. Biological impacts related to this activity are adequately addressed by and consistent with the City of Poway's Subarea Habitat Conservation Plan (PSHCP), companion Implementing Agreement dated June 1996, and associated Mitigated Negative Declaration. Section 2: A biological resources report, dated October 13, 2016 and revised February 8, 2017, was prepared by Cummings and Associates on the property and for the proposal. It was reported that the site contains 1.42 acres of Coastal Sage Scrub (CSS) and 0.75 acres Southern Coast Live Oak Riparian Forest (SCLORF) habitat, with the remainder of the site consisting of disturbed ruderal vegetation or being previously developed. Implementation of the project will result in habitat impacts to approximately 0.50 acres of CSS. The site is located inside the Poway Subarea Habitat Conservation Plan (HCP) Mitigation Area. Resolution No. P-17-12 Page 2 Pursuant to the HCP, the project is required to mitigate impacts to CSS at a 2:1 ratio, for a total mitigation requirement of the preservation of 1.00 -acres of habitat with similar or greater value. Mitigation will be met through on-site dedication of a Biological Conservation Easement (BCE) over 0.93 acres of similar quality, unencumbered CSS habitat and 0.75 acres of SCLORF habitat located within the Poway Mitigation Area. The proposed project complies with the HCP and HCP Implementing Agreement. In accordance with the HCP, the required findings for approval of the proposed mitigation for the removal of CSS for the project are as follows: A. The mitigation is consistent with and furthers the implementing objectives of the HCP, since mitigation through on-site dedication of a BCE will be provided in compliance with the guidelines of the HCP. The mitigation as outlined above is consistent with and furthers the implementing objectives of the HCP. B. The on-site habitat mitigation, most of which will be located within the Biological Core Linkage Area (BCLA) and Proposed Resource Protection Area (PRPA) 4a, will enhance the long-term viability and function of the reserve system. C. The mitigation will be to the long-term benefit of the covered species and their habitats in that an on-site BCE within the Mitigation Area and partially within the BCLA and PRPA a will be recorded over land that will have undisturbed habitat. According to the Poway HPC, PRPA 4a is of high importance. Said land will promote a meaningful addition to the assembly of a viable regional system of interconnected natural habitat resources, habitat linkages, buffers, and wildlife corridors. D. The mitigation will foster the incremental implementation of the HCP in an effective and efficient manner in that all conservation area will be within the identified Mitigation Area within the City. E. The mitigation will not result in a negative fiscal impact with regard to the successful implementation of the HCP. Section 3: The findings for MDRA 16-050, 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 except for the side and front yard setbacks for which a Variance can be supported. 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. Resolution No. P-17-12 Page 3 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 that are 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 that are compatible with nearby residential development. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, and the project conforms to the provisions of the Zoning Code, except for the side and front yard setbacks for which a Variance can be supported. Section 4: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code (PMC), to approve Variance 16-005 to allow a detached garage to maintain at 5 -foot side yard setback and a 25 -foot front yard setback where 20 feet and 40 feet are required respectively by the RR -A zone, are made as follows: A. That there are special circumstances applicable to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The special circumstances include that the developable area of the property is constrained to the northwest corner of the property due to topography. The northwest corner is further constrained by a 30 -foot wide access easement along the west property line. The proposed garage would be located in the northwest corner of the property in an existing level area that is accessible by an existing driveway and which previously was occupied by a non -habitable structure. B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone, and denied to the property for which the Variance is sought, in that a detached garages and other non -habitable structures are common in the surrounding area and only a small portion of an otherwise large parcel is suitable for development. C. Granting the Variance would not be materially detrimental to the public health, safety or welfare in the vicinity and zone in which the property is located in that the detached garage would be located in a level portion of the lot that has previously been occupied by a non -habitable accessory structure and the existing driveway would provide access to the structure. Placing the detached garage further east within the rear yard would require additional grading and/or would increase habitat impacts as a result of extending the required vegetation fuel management zone. Resolution No. P-17-12 Page 4 D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that detached non -habitable structures, such as a garage, are permitted in the residential zone and commonly found on rural residential properties. E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zoning development regulations governing the property. Granting the Variance will be compatible with the Poway General Plan because a detached garage is a permitted use and does not result in a density increase. Section 5: The findings, pursuant to Government Code Section 66020, for the public improvements for MDRA 16-050 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 6: The City Council hereby approves Underground Waiver (UW) 17- 002 and waives the requirement for undergrounding two on-site utility poles, pursuant to City Council Resolution 91-003. Utility lines to the future home shall be placed underground from the nearest pole. Section 7: The City Council hereby approves MDRA 16-050 and VAR 16-005 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. Resolution No. P-17-12 Page 5 B. Approval of this MDRA and VAR shall apply only to the subject project and shall not waive compliance with all other 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 the applicant shall submit in writing that all conditions of approval have been read and understood. D. The conditions of MDRA 16-050 and VAR 16-005 shall remain in effect for the life of the subject structure, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. Prior to grading, the applicant shall obtain a Grading Permit. Prior to issuance of a Grading Permit, the applicant shall comply with the following: (Engineering) 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 2. Submit a precise grading plan for the development 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 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All materials as required by Chapter 16.48 of the Poway Municipal Code shall be submitted. All existing and proposed easements within the project site shall be shown on the grading plans. 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. 4. Water Quality Control — Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. Additionally: Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version.