Loading...
Res P-05-20 RESOLUTION NO. P-05-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR DEVELOPMENT REVIEW (MDRA) 04-90 ASSESSOR'S PARCEL NUMBER 321-111-11 and 16 WHEREAS, MDRA 04-90, submitted by Property Owners on Eucalyptus Heights Road and the 14800 block of Mina De Oro Road/John Fitch, Applicant, request approval to construct a vehicle access gate across the southerly segment of Mina De Oro Road just south of Poway Grade in the Rural Residential A (RRA) zone; and WHEREAS, on October 26, 2004, the City Council reviewed the request and solicited comments from the public, both pro and con, relative to this application; and WHEREAS, the item was continued to the January 18, 2005 City Council meeting; and WHEREAS, a resolution of denial was reviewed by the City Council at its February 1, 2005 meeting and the item was continued to March 22, 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines, in that the project involves the construction of a small structure. Section 2: The findings in accordance with Section 17,52 of the Poway Municipal Code, to approve MDRA 04-90 to permit the installation of a vehide gate across the southerly segment of Mina De Oro Road, south of Poway Grade are as follows: A. That the proposed use respects the inter-dependence of land values and the aesthetics to the benefit of the City because the fence and gate will consist of decorative iron and will not detract from the design of the residential development; and B. That the approved project will not have an adverse affect on the aesthetics, health, safety, or architectural related impact on adjoining properties, as the gate will have an attractive wrought iron design. Therefore the proposed design, size and scale of the gate is compatible with and will not adversely affect, or materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources; and Resolution No. P-05-20 Page 2 C. That the granting of the Minor Development Review would not be materially detrimental to the public health, safety, or welfare since the gate will have a Knox box to allow emergency vehicle access; and D. That the proposed gate will comply with each of the applicable provisions of the Zoning Ordinance and the General Plan. Section 3: The City Council hereby denies staff recommendation and approves Minor Development Review (MDRA) 04-90, to allow a vehicle access gate across the southerly segment of Mina De Oro Road, south of Poway Grade, as shown on plans on file with the Development Service Department, subject to the following conditions: A. Approval of this MDRA 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. B. Within 30 days of approval the applicant(s) shall submit in writing that all conditions of approval have been read and understood. C. The gated entry shall be constructed based on approved building plans and Building Permit (electrical) issued by the Development Services Department. D. The applicants shall grant Menachem and Peggy Shovallicense agreements that allow them to use Mina de Oro Road to access their property. Copies of the license agreements shall be provided to the Development Services Department prior to issuance of a building permit for the gate. E. Pedestrian access through the gate shall be maintained. F. Prior to grading permit issuance, the applicant shall comply with the following: Enaineerina Division 1. Submittal to the City for review and approval of a grading plan (or referred to as private road improvement plan), erosion control plan, stormwater pollution prevention plan, grading permit application and geotechnical reportls to the Development Services Department. a. The street turnaround shall be improved to a minimum diameter of 76.00-foot (curb to curb dimension) roadway. Improvement shall include, but is not limited to street paving (including subbase if needed), construction of curb and/or berm to control drainage (if needed), street signage, and street striping. Pavement section shall be designed on a traffic index of 4.5. Resolution No. P-05-20 Page 3 b. Construction of the turnaround encroaches in areas outside the private road easement, in that the grading permittee shall acquire necessary permission from affected property owner/s to do the improvement in said areas prior to start of work. c. Improvements shall be constructed in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego supplements, and the current San Diego Regional Standard Drawings. It shall also be in substantial conformance with the approved development plan and in accordance with the City Grading Ordinance, and City Storm Water Management and Discharge Control Ordinance. d. A drainage system capable of handling and disposing of all surface water originating or to be caused from and/by the improvement shall be constructed. e. Erosion control, including but not limited to desiltation basins, shall be installed and maintained from Oct. 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to insure proper maintenance of all erosion control devices. f. The storm water management plan shall be prepared. The plan shall identify the measures that will be used for storm water and non-stormwater management during the permitted activity. 2. A right-of-way permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held easements. 3. The applicanUdeveloper shall pay the following fees and grading securities: a. Grading permit, plan checking, inspection, right-of-way permit (if needed), and geotechnical review fees. The grading permit fee shall be paid at first submittal of grading plans. b. Posting and/or payment of grading securities. 4. City approval of soils report and grading plans. Resolution No. P- 05-20 Page 4 5. Submittal of a request for and hold a preconstruction meeting with a City Engineering inspector. The applicanUdeveloper shall be responsible that necessary individuals, such as but not limited to, contractors, subcontractors, project civil engineer and project soils engineer must attend the preconstruction meeting. G. Prior to Building Permit issuance, unless other timing is indicated, the applicant/developer shall complete the following: Enaineerina Division 1. Completion of and approval by the City of rough grading of the road. 2. City approval of soils compaction report. 3. City approval of a certification of line and grade prior to placement of road subgrade and/or paving. The certification shall be issued by a California Registered Civil Engineer or Licensed Land Surveyor. 4. City approval of the pavement structural section. 5. Submittal of a private road maintenance agreement for Mina de Oro Road, from Poway Road to the turnaround, and gate (including appurtenances). 6. Submittal of proof/s of private road easement granUs, of those portions needed for the turnaround, to existing private road easement holders. Owners of those parcels identified as APNs 321-111-11 and 321-111-16, on which the additional improvements to the turnaround is to be constructed, shall grant to other known Mina de Oro private road easement holders. Plannina Division 1. The maximum height of the gate or the associated column and fencing shall not exceed 6-feet above grade. 2. The site shall be developed in accordance with the approved plan on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. Resolution No. P- 05-20 Page 5 Safety Services Department 1. A Knox override key switch that overrides all command functions and opens the gate(s). The Knox override key switch shall be ordered through the Poway Fire Department. 2. An approved emergency traffic control-activating strobe light sensor(s) (Opticom) which will activate the gate on the approach of emergency apparatus to the satisfaction of the Director of Safety Services. 3. The applicant shall provide locking mechanism on the fence with rollers that can be rapidly accessible to Fire Department personnel to the satisfaction of the Fire Marshal. Section 4: The approval of MDRA 04-90 shall expire on March 22, 2007, unless the applicant applies for and obtains approval of a Building Permit. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, this 22nd day of March 2005. ATTEST: ~a~~ Resolution No. P-05-20 Page 6 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P-05-20 was duly adopted by the City Council at a meeting of said City Council held on the 22nd day of March 2005, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE c:t.!!=#L ~ City of Poway