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Res P-04-51 RESOLUTION NO. P-04-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 04-41 ASSESSOR'S PARCEL NUMBER 322-041-32 WHEREAS, Minor Development Review Application (MDRA) 04-41 submitted by Bob Bauer, Applicant, requests approval to add 1,065-square-feet of living area and legalize a 477.5-square-foot second dwelling unit, for an existing 3,099-square-foot, 2-story, single- family resid 2.51-acre property located at 17058 Iron Mountain Road. The property is zoned Rural Residential A and located within the Hillside/Ridgeline Review Area. Pursuant to Section 17.52.050, City Council approval is required for grading and development within the identified Hillside/Ridgeline Review Area; and WHEREAS, on July 20, 2004, the City Council held a public meeting to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The project, MDRA 04-41, is found to be Categorically Exempt from the California E Quality Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that project proposes an addition to an existing single- family residence and results in no expansion of a p Section 2: The finding dance with Section 17.52 of the Poway Municipal Code, to approve MDRA 04-41 to add 1,065-square-feet of living area and legalize a 477.5 square foot second dwelling unit, for an existing 3,099-square-foot, single-family residence, on a 2.51-acre property located at 17058 Iron Mountain Drive, are as follows: A. That the existing home and proposed addition have been sited 1' ' ' landform alteration and conform to City zoning and grading standards. Therefore, the proposed use respects the interdependence of land values and aesthetics to the benefit of the City; and B. That the approved project will not have an adverse affect on the aesthetics, health, safety, or architecturally related impact upon adjoining properties, as the residence is consistent with surrounding residences. Therefore, the proposed design, size, and scale of the proposed addition is compatible with and will not adversely affect, or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural and C. That the granting of the Minor Development Review Application would not be materially detrimental to the public health, safety, or welfare since the proposed use will complete imp 3' for the addition to an existing residence; and Resolution No. P-04-51 Page 2 D. The project has been designed I .... 3acts on the surrounding community by utilizing a split-level architectural design and earth-toned wall and roof Therefore, the proposed development respects the publ for the aesthetics of development; and E. That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or imp the vicinity nor be contrary to the adopted General Plan because it will meet all development requirements; and F. That the proposed development will comply with each of the applicable p ' ' the Zoning Ord :1 the General Plan. Section 3: The City Council hereby approves MDRA 04-41, to allow the addition of 1,065 square feet of living area and legalize a 477.5-square-foot second dwelling unit, for an existing 3,099-square-foot, 2-story, single-family resid 2.51-acre property located at 17058 Iron Mountain Road, per site plans, grading plans, floor plans, and file with the Planning Division dated April 8, 2004, subject to the following conditions: A. Approval of this MDRA request shall apply 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. B. Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. C. The conditions of MDRA 04-41 shall remain in effect for the life of the subject residence and shall run with the land and be binding upon fu! heirs, and 1 :the current property owner. D. Prior I ' a Building Permit, the applicant shall comply with the following: 1. The building plans shall I; l with the approved site plans, floor plans and elevations dated April 8, 2004, on file in the Development Services Department, except as modified by the conditions herein. 2. If grading is to exceed 50 cubic yards of earthwork, or if the cut is greater than two feet In vertical depth and creates a cut slope steeper than 2:1 (two horizontal to one vertical), orthe fill is more than one foot in vertical depth, the property owner shall apply for a Grading Permit and submit a grading plan for review and approval to the City Development Services Department. If the above conditions do not apply, the property owner shall provide a certification from a state registered civil engineer or licensed architect indicating the quantity of earthwork involved and pay a $500 inspection fee. Resolution No. P-04-51 Page 3 3. If a Grading Permit is required, as an alternative to applying for a Grading Permit, the applicant may apply and receive approval for a change to the original grading plans, G789-90. A registered civil engineer shall modify the original grading plans to show the work under this permit. The fees for th lange shall be determined at the time of application and posted prior to its approval. 4. A $2,000 Irol cash security shall be posted with the City. 5. The applicant shall attend a p ' 3, at which time they shall present an Action Plan that identifies to be implemented during construction to add 'liment, and pollutant control. Compliance for erosion control can be provided using one or more of the following guidelines: a. Provid de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Cover all flat areas with an approved mulch. c. Install an earthen or gravel bag berm that retains 3 inches of all fiat areas prior to discharge, effectively creating a desilting basin from the pad. 6. Prior to any rock blasting, a pre-blast survey of the surrounding properties shall be conducted to th ~ ~the Director of Development S :l a Blasting Permit shall be obtained from the Engineering Division. Seismic recordings shall be taken for all blasting. Blasting shall occur only at locations and levels approved by the Director of Development Services. 7. Submit approval of septic system layout from the County Department of E Iai Health stating that the septic system is adequately sized to :late the building addition. 8. Erosion control, including, but not limited to, desiltation basins, shall be installed and :l by the developer throughout the duration of the period. 9. The site shall be developed in accordance with the approved site plans and conditions of approval on file in the Development Services Department and the condi1' :l herein. 10. C staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. As a ' ' all protected 3own on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Resolution No. P-04-51 Page 4 Inspector stating that all protected areas are staked in accordance with the approved project plans. 11. Prior to start of any work within City-held '.:'lhtS-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 p 12. Construction activity on the project site, including equipment preparation (i.e., warming up engines), shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. Grading activities, including equipment preparation, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. 13. School impact fees shall be paid atth · 31ished at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 748-0010, ext. 2089. 14. Water, sewer, and fire protection systems plans shall be designed and :t to meet the req ' ~ the City of Poway. 15. The height of any 1~ I shall not exceed 8 feet. ,Any walls proposed shall be reflected on grading plans and shall be of decorative block or stucco finish consistent with the exterior of the proposed residence. 16. ,All living quarters shall be equipped with Iow-flow plumbing fixtures. 17. A deed restriction shall be notarized and recorded with the County of San Diego stating either the main residence or the second dwelling unit must be occupied by th : the property at all times, if either unit is held out for rent. The applicant shall submit an original, notarized deed to the City of Poway Planning Division with the appropriate recordation fee for filing with the County of San Diego. if the property owner no longer uses this as their primary residence then the second dwelling unit shall not be rented or leased as a separate unit. E. The applicant shall comply with the following conditions prior to occupancy: 1. Proposed drainage facilities, any additional slope landscaping, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. An adequate drainage system in the area of the addition capable of handling and disposing ail surface water shall be provided to the satisfaction of the Engineering Inspector. The existing rip-rap shall be upgraded to handle the dissipation of additional flow from the new brow ditch. Resolution No. P-04-51 Page 5 2. Runoff shall not be permitted to pond near the house foundation or cause sud' ~ the slopes. Large concentrated flows over the driveway and onto the street are not permitted. 3. The applicant shall repair any and all damages to the streets caused by const " :y from this project, to the sa1 ~ :the City Engineer. 4. All proposed utilities within the project site shall be installed underground. F. The applicant shall construct the following imp to the satisfaction of the Director of Safety Services: 1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504, UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 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 property. Said numbers shall contrast with their background. ^ddress shall be required at private driveway entrances. 3. Each chimney used in conjunction with any fireplace shall I: -1 with a spark arrester. 4. A residential fire sprinkler system will be required. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. 5. The applicant shall comply with the City of Poway Guide to Landscape IV : it relates to fire Fuel Management Zones. Section 4: This MDRA 04-41 shall expire on July 20, 2006, at 5:00 p.m. unless a Building Permit has been issued and cons1 :the property' this permit has J prior to its expiration. Section 5: Pursuant to G I Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or 3osed pursuant to this approval shall begin on July 20, 2004. Resolution No. P-04-51 Page 6 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 20th day of July 2004. ATTEST: Interim City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 04-51 , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of July 2004, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: H I GGI NS0N Je~"~Yne Bunch, Interim City Clerk Ci~ of Poway