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Res P-05-10 RESOLUTION NO. P-05-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 04-105 ASSESSOR'S PARCEL NUMBER 278-240-20 WHEREAS, Minor Development Review Application (MDRA) 04-105 submitted by Mark Catrambone, Applicant, requests approval to permit the construction of a 4, 700-square- foot, single-story, single-family residence, measuring a maximum height of 26 feet, and a 660-square-foot garage on a vacant 7.69-acre parcel located north of Eastvale Road and adjacent to the south side of Skyridge Road, within the Rural Residential B2 zone and within the Hillside/Ridgeline Review Area; and WHEREAS, on March 1, 2005, 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 04-105, is found to be Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303 of the CEQA Guidelines, in that the project proposes the construction of a single-family residence. Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code, to approve MDRA 04-105 to construct a 4,700-square-foot, single-story, single-family residence, measuring a maximum height of 26 feet, and a 660-square-foot garage on a vacant 7.69-acre parcel located north of Eastvale Road and adjacent to the south side of Skyridge Road, are as follows: A. That the home and garage have been sited to minimize 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 resources; 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 improvements necessary for the new residence; and Resolution No. P-05-10 Page 2 D. The project has been designed to minimize impacts on the surrounding community by utilizing a low-profile architectural design, and earth-toned wall and roof materials. Therefore, the proposed development respects the public concerns 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 improvements in 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 provisions of the Zoning Ordinance and the General Plan. Section 3: The findings, pursuant to Government Code Section 66020 for the public improvements, needed as a result of the proposed development to protect the public health, safety, and welfare, 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. The construction of public improvements is needed as a result of the proposed developmentto protectthe public health, safety, and welfare as identified below: 1. In accordance with the poway General Plan, the project requires the payment of drainage, park, affordable housing, and traffic 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 4: The City Council hereby approves MDRA 04-105, to allow the construction of a 4,700-square-foot, single-story, single-family residence measuring a maximum height of 26 feet and a 660-square-foot garage on a vacant 7.69-acre parcel located north of Eastvale Road and adjacent to the south side of Skyridge Road, per site plans, grading plans, floor plans, and elevations on file with the Planning Division dated September 14, 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 04-105 shall remain in effect for the life of the subject residence, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. Resolution No. P-05-10 Page 3 D. 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. A grading plan for the development of the lot, prepared on a City of Poway standard mylar at a scale of 1" = 20', shall be submitted, along with a Grading Permit application and applicable fees, to the Development Services Department, Engineering Division, for review and approval. A grading plan submittal checklist is available at the Engineering Division front counter. At a minimum, the grading plans shall show the following: a. Tops and toes of graded slopes shall be shown with a minimum 5-foot setback from open space areas and property lines. Structures shall be located at least 5 feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to issuance of a Grading Permit. b. Proposed driveway access, in compliance with the specifications provided in Section 17 .08.170D ofthe Poway Municipal Code, including minimum structural sections, together with their elevations and grades. The driveway approach shall comply with the Regional Standard Drawings. c. A separate erosion control plan for prevention of sediment runoff during construction. The plan shall provide for an on-site de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained. d. Locations of all utilities (proposed and existing), together with the appurtenances and any easements. Encroachments are not permitted upon any easement without an approved Encroachment Agreement! Permit. e. All new slopes shall have a maximum 2 to 1 ratio (horizontal to vertical). f. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. Screening of utility boxes shall be to the satisfaction of the Director of Development Services. All utilities are required to be undergrounded. g. Fire Fuel Management Zones consistent with City Standards and as approved by the Fire Marshal. h. A minimum 1 O,OOO-gallon water tank, with Fire Department Connection, is required for the fire protection system. The water tank location shall Resolution No. P-05-10 Page 4 be approved by the Planning Division, Building Division and Fire Marshal, and shown on the grading plan. Said tank shall be painted an earth-toned color and be sited to observe all required setbacks to the satisfaction of the Director of Development Services. i. Septic and leach fields in an area approved by the County of San Diego Health Department. 2. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work. The report shall be submitted with the grading plan. 3. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the project site and all surface water flowing onto the project site from adjacent lands. Said system shall include all easements required to properly handle the drainage. Large concentrated flows across driveways are not permitted. 4. If construction of this project is to disturb one acre or more, the applicant shall file with the State Regional Water Quality Control Board a Notice of Intent (NOI) for coverage under the Statewide General Permit that covers storm water discharges. Proof of filing of the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department, Engineering Division, prior to issuance of a Grading or Building Permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 5. If construction of this project is to disturb one acre or more, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a de-silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a 10-year, 6-hour storm event; a material storage site; measures to protect construction material from being exposed to storm runoff; protection of all storm drain inlets; on-site concrete truck wash and waste control; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The engineer shall certify the SWPPP prior to issuance of a Grading or Building Permit. Resolution No. P-05-10 Page 5 6. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 7. Grading securities in the form of a performance bond and a cash deposit, or letter of credit, shall be posted with the City prior to grading plan approval. A minimum $2,000 cash refundable security deposit is required. 8. The applicant shall attend a pre-construction meeting, at which time they shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for erosion control can be provided using one or more of the following guidelines: a. Provide an on-site 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 water over all areas prior to discharge, effectively creating a de-silting basin from the pad. 9. Prior to issuance of a grading permit, the applicant shall record a covenant to encumber the subject property. This covenant shall state that if a subdivision is proposed for the subject parcel, the property owner agrees, at his expense, to connect the parcel under this application to any future extension ofthe water system from Skyridge Reservoir that meets the City's fire flow criteria. These requirements are not in lieu of established City subdivision requirements. The covenant document shall be submitted to the Engineering Division for review prior to recordation. 10. The following easements are shown on the November 23, 2004, "Site Plan Conceptual Grading Plan and Natural Features Map" and are not described in the First American Title Report DIV-1283389 (09). These easements shall be described in the above referenced title report, and no structure(s) shall be built over them: a. 40-foot private road easement per F/P 1973-140318 recorded May 24, 1973 O.R. b. 4-foot SDG&E easement per DOC 82-200804 recorded June 29,1982. c. 30-foot private road easement per F/P 1973-140218 recorded May 24, 1973 O.R. and BK 7674, PG 549 O.R. Resolution No. P-05-10 Page 6 d. 15-foot road and utility easement per F/P 1998-0491528 recorded August 5, 1998. 11. The following easement described from First American Title Report DIV- 1283389 (09) shall be shown on the grading and building plans, and no structures(s) shall be constructed over them. a. A proposed 15-foot private road easement as delineated and designated on Parcel Map No. 9427. 12. Leech field layout or seepage pit layout for the residence sewage disposal system shall be submitted to the City's Engineering Division for review prior to obtaining a septic system installation. If a County permit is obtained without a City approved layout, a copy shall be submitted prior to installation of leach lines. Leach field and septic system shall be shown on grading plan prior to issuance of grading plan approval. 13. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. As a minimum, all protected areas as shown 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 Inspector stating that all protected areas are staked in accordance with the approved project plans. 14. Prior to any rock blasting, a pre-blast survey of the surrounding properties shall be conducted to the satisfaction of the Director of Development Services, and 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. 15. Construction activity on the project site, including equipment preparation (Le., 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. 16. All erosion control and pollutant control measures shall be installed and maintained by the developer throughout the duration of the construction period. 17. Water, sewer, and fire protection systems plans shall be designed and constructed to meet the requirements of the City of Poway. Resolution No. P-05-10 Page 7 (Planning) 18. A landscape/irrigation plan for slopes over 5:1 and Fire Fuel Management Zones, in accordance with the applicable requirements of the City of Poway Guide to Landscape Requirements, shall be submitted to and approved by the Director of Development Services. Said plan shall show the following: a. Irrigation, and sizes and species for: i. Landscaping all manufactured and disturbed slopes greater than a 5:1 slope, ii. The Fire Fuel Management Zones. b. In accordance with said requirements, and the Poway General Plan requirement for hillside development, the landscaping shall utilize materials similar in appearance to the existing native vegetation. c. Trees shall be planted at the rate of one tree per 750 square feet of slope area and shrubs shall be planted at the rate of one shrub per 100 square feet of slope area. Groundcover shall be hydroseeded, or hand planted cuttings appropriately spaced, to eventually control soil erosion. 19. A 1 O,OOO-gallon water tank for fire suppression purposes is required. Prior to installation, the applicant shall submit to the Planning Department exterior colors for approval. 20. All on-site and off-site project grading may be required to be conducted outside the rainy season. 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: (Engineering) 1. The site shall be developed in accordance with the approved site plans and conditions of approval 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, including, but not limited to, desiltation basins, shall be installed and maintained by the developer throughout the duration of the construction period. The developer shall maintain all erosion control devices throughout their intended life. 3. Rough grading of the lot is to be completed and must meet the approval of the City Inspector and shall include submittal of the following: Resolution No. P-05-10 Page 8 a. A certification of line and grade prepared by the engineer of work. b. A final soil compaction report for review and approval by the City. 4. Prior to delivery of combustible building materials, on-site water systems shall satisfactorily pass all required tests and be fully operational. 5. Prior to start of any work within City-held easements or rights-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. 6. The following development fees shall be paid to the Engineering Services Department prior to Building Permit issuance. These fees are currently in effect and are subject to change. Water: Meter Size % inch *1 inch Cost $130 $270 Expansion Fee $3,710 $6,678 **SDCWA Fee $2,461 $3,938 Service Line $1,430 $1,430 * If a 1" meter is required for fire safety only, %" meter fees for expansion and SDCWA will be applicable. To be paid by separate check made payable to the San Diego County Water Authority. ** Sewer = Traffic Mitigation = Park = Drainage = Septic System $ 990 $2,720 $1,570 (Planning) 7. The building plans shall be consistent with the approved site plans, grading plans, floor plans and elevations dated December 15, 2003, on file in the Development Services Department, except as modified by the conditions herein. 8. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 748-0010, ext. 2089. 9. The maximum height of any fence or wall shall not exceed 6 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. Resolution No. P-05-10 Page 9 10. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid prior to Building Permit issuance. 11. All living quarters shall be equipped with low-flow plumbing fixtures. 12. The Building Permit shall include proposed color for the tank and a site plan that identifies access to the tank. The location of the tank shall meet the approval of the Fire Department and Planning. The tank shall be painted a muted earth-tone color to the satisfaction of the Director of Development Services. F. The applicant shall comply with the following conditions prior to occupancy: (Engineering) 1. Driveways, drainage facilities, slope landscaping and protection measures, and utilities, shall be constructed, completed, and inspected by the Engineering Inspector. The driveway shall be constructed in accordance with Poway Municipal Code, Section 17.08.170D, and its structural section shall be shown on the grading plan. 2. An adequate drainage system around the building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. Run-off shall not be permitted to pond near the house foundation or cause surface erosion along 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 construction activity from this project, to the satisfaction of the City Engineer. 4. All proposed utilities within the project site shall be installed underground. 5. A private road maintenance agreement, in a form satisfactory to the City Attorney, shall be executed by the property owner per Municipal Code Section 12.20.060. The agreement shall provide for maintenance of the private road between the terminus of the public portion of Eastvale Road and the driveway entrance of the subject property. The applicant shall provide to the City a legal description and plat map prepared by a licensed Civil Engineer for this agreement. 6. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities Resolution No. P-05-10 Page 10 (Planning) 7. All permanent landscaping and an automatic irrigation system for landscaping on all manufactured slopes greater than 5: 1 shall be installed and operational at time of final inspection. G. The applicant shall construct the following improvements to the satisfaction of the Director of Safety Services: 1. Roof covering shall be fire retardant as per UBC Sections 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. Address shall be required at private driveway entrances. 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. 4. Dead end access roadways in excess of 150 feet long shall be provided with approved provisions for the turning around of Fire Department apparatus. Curves and topographical conditions could alter the requirements for turnarounds and the width of access ways. 5. This dwelling is being constructed on a 7.69-acre parcel and is beyond 500 feet maximum from the nearest fire hydrant. The dwelling will have to have standby water for firefighting and a residential sprinkler system. Contact the Fire Prevention Bureau for details. 6. A residential fire sprinkler system is required. Plans shall be submitted to the Fire Prevention Bureau for approval prior to issuance of a Building Permit. 7. The applicant shall comply with the City of Poway Guide to Landscape Requirements as it relates to fire Fuel Management Zones. 8. A 1 O,OOO-gallon water tank, with a fire department connection, will be required for fire protection purposes. Contact the Fire Prevention Bureau for placement of the water tank and fire department connection. 9. The driveway shall have a minimum width of 16 feet. H. All construction traffic shall take access from the private road easement off of Eastvale Road. Access from Skyridge shall not be allowed unless the applicant obtains legal access rights. Resolution No. P- 05-10 Page 11 Section 5: This MDRA 04-105 shall expire on March 1,2007, at 5:00 p.m. unless a Building Permit has been issued and construction or use of the property in reliance on this permit has commenced prior to its expiration. Section 6: Pursuant to Government Code Section 66020, the gO-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on March 1, 2005. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 1st day of March 2005. ATTEST: ~~~~~ L. ane Shea, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 05-10 , was duly adopted by the City Council at a meeting of said City Council held on the 1 st day of March 2005, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: ABSTAIN: NONE NONE DISQUALIFIED: NONE <2~~ City of Poway