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Res P-06-49 RESOLUTION NO. P-06-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 06-03 AND MDRA 06-17 ASSESSOR'S PARCEL NUMBER 321-011-25 WHEREAS, Variance (VAR) 06-03 and Minor Development Review Application 06-17; Ahmad Razaghi, Applicant, request approval to construct a 3,892-square-foot, two-story residence on Parcel 1 of Parcel Map 10915, located on Huntington Court. The applicants request a Variance approval to allow the residence to observe a 15-foot front yard setback, when a 30-foot setback is required in the Residential Single-Family 2 (RS-2) zone; and WHEREAS, on October 17, 2006, the City Council held a duly advertised public hearing 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 City Council finds that this project is Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 3 and Class 5 Categorical Exemption, pursuant to Sections 15303 and 15305 of the CEQA Guidelines, in that the project involves the construction of a single family home and minor alteration in land use limitations. Section 2: Pursuant to the City of Poway Subarea Habitat Conservation Plan (PSHCP), biological survey reports prepared by Vince Scheidt, Biological Consultant, dated October 2005, were submitted for the property. Development of the site will impact approximately 0.36 acres of Coastal Sage Scrub (CSS) habitat located on property that is outside of the Mitigation Area of the PSHCP. In accordance with the PSHCP, the required findings for approval of the proposed mitigation for the removal of the referenced habitat for MORA 06-17 are as follows: A. The proposed project is outside of the Mitigation Area of the PSHCP. The mitigation is consistent with and furthers the implementing objectives of the PSHCP in that the applicant will mitigate impacts to CSS habitat at a 1: 1 ratio. Said mitigation will be through the off-site dedication of a Biological Conservation Easement Deed preserving comparable, undisturbed and unencumbered habitat of equal or greater conservation value located within the PSHCP Mitigation Area. Mitigation for project impacts to CSS habitat has the option of being accomplished by payment of a Mitigation In-Lieu Fee at the established rate; presently $10,000/acre. B. Preservation of such habitat within the Mitigation Area will contribute toward the building of the ultimate total Mitigation Area preserve system of the PSHCP. Resolution No. P-06-49 Page 2 Therefore, such habitat preservation will serve to enhance the long-term viability and function of the preserve system. C. The habitat preserved through off-site dedication, or purchased by Habitat Mitigation In-Lieu Fees paid, will be to the long-term benefit of the PSHCP covered species and their habitats in that the recordation of a Biological Conservation Easement Deed over undisturbed and unencumbered habitat (See "A" above) and/or the payment of In-Lieu Fees, will promote a meaningful addition to the assembly of a viable regional system of uninterrupted natural habitat resources, habitat linkages, buffers, and a wildlife corridor. D. The preserved habitat will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the preservation of off-site conservation area(s) will be within an identified Mitigation Area within the City, and/or the payment of In-Lieu Fees will likewise contribute towards, assembling the total Mitigation Area preserve system. E. The preserved habitat will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public Biological Conservation Easement Deeds or In-Lieu Fees will be paid. Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code (PM C), to approve VAR 06-03 to allow the proposed residence to observe a 15-foot setback when 30 feet is required in the RS-2 zone as shown on the site plan dated August 22, 2006, 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 the fact that development on the subject lot is constrained by an Open Space Easement and sensitive riparian habitat on the easterly approximately 0.45-acres of the 0.9 acre property, thereby making it difficult to site a house that can comply with the front yard setback and maintain an adequate buffer from the open space area and riparian habitat. 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 not afforded to the property for which the Variance is sought because the developable area of the lot is constrained by an Open Space Easement and the sensitive riparian habitat. C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that there are adequate public services available in the area to serve the proposed residence. Resolution No. P-06-49 Page 3 D. That the granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that the surrounding properties have been developed with single-family homes. E. Granting the Variance would not allow a use or activity not otherwise expressly authorized in that single-family homes are permitted in the RS-2 zone. F. That the proposed Variance will be compatible with the City's General Plan because a single-family home is permitted within the RS-2 zone and will not result in a density increase. Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal Code to approve MDRA 06-17 as shown on plans dated August 22, 2006, on file with the Planning Division, are made as follows: A. That the approved project is consistent with the General Plan as it proposes the construction of a single-family residence on property that is designated for residential use. Therefore, the proposed use respects the interdependence of land values and aesthetics to the benefit of the City. 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 residential development. Therefore, the proposed design, size, and scale of the proposed residence is compatible with and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources. C. That the granting of the MDRA would not be materially detrimental to the public health, safety, or welfare since the proposed use will complete improvements as deemed necessary. D. That the approved development encourages the orderly and harmonious appearance of structures and property within the City as the neighboring properties consist of low-density residential lots. Therefore, the proposed development respects the public concerns for the aesthetics of development. 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. F. That the proposed development will comply with each of the applicable provisions of the Zoning Ordinance and the General Plan. Section 5: The City Council hereby approves VAR 06-03 and MDRA 06-17, to allow the construction of a 3,892-square-foot, two-story residence on Parcel 1 of Parcel Map Resolution No. P-06-49 Page 4 10915, located on Huntington Court within the Residential Single-Family 2 zone and for the residence to observe a 15-foot front yard setback as shown on the site plan dated August 22, 2006, subject to the following conditions: A. Approval of this Variance and Minor Development Review Application 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 shall submit in writing that all Conditions of Approval have been read and understood. C. The Variance granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential uses. D. Prior to issuance of a Grading Permit: (Engineering) 1. A grading plan for 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. As a minimum, the grading plan shall show the following: a. All new slopes with a maximum 2:1 (horizontal to vertical) ratio. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from open space areas and property lines. Structures shall be located at least five 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. Driveway, in compliance with the specifications provided in Section 17.08.170D of the PMC, and including minimum structural section together with its elevations and grades. c. A separate erosion prevention and sediment control plan for construction activities. d. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon any easement without an approved encroachment agreement. Resolution No. P-06-49 Page 5 e. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. f. Top and bottom elevations of proposed retaining walls. The maximum height of any walls or combination of fences and walls shall not exceed six (6) feet in height. g. Water and sewer connections to the house. h. Show required 6-foot-high noise wall in accordance with the Noise Study prepared by Dudek and Associates, dated July 3, 2006. i. Show limits of Open Space Easement. j. Note limits of required Biological Conservation Easement (BCE) Deed. Said limits shall include the existing Open Space Easement and the riparian habitat as identified in the Biological Survey prepared by Vincent Scheidt, Biological Consultant, dated October 2005. 2. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and 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 over the driveway and into the street are prohibited. 4. The applicant shall pay all applicable engineering plan checking, permit, and inspection fees, based on the engineer's construction cost estimate. The construction estimate for the driveway shall be included in the cost estimate. 5. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City. A minimum of $2,000 cash security deposit for erosion prevention and sediment control is also required. 6. The applicant shall attend a pre-construction meeting, at which time they shall present an Action Plan that identifies measures to be implemented Resolution No. P-06-49 Page 6 during construction to address erosion, sediment, and pollutant control. Compliance for erosion control shall 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 approved mulch. c. Install an earthen or gravel bag berm that retains three inches of water over all areas prior to discharge, effectively creating a de-silting basin from the pad. 7. 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. (Planning) 8. According to the habitat assessment and area calculations prepared by Vincent Scheidt, Biological Consultant, dated October 2005, the project will impact 0.36 acres of CSS. Impacted CSS shall be mitigated at a 1:1 ratio with 0.36 acres of undisturbed, unencumbered similar quality and type native habitat. Mitigation for the impacts to the CSS may have the option of being accomplished by payment of a Mitigation In-Lieu Fee at the established rate; presently $10,000/acre. Habitat mitigation shall be completed as follows: a. The subject property is located outside of the PSHCP Mitigation Area; therefore, the off-site dedication of 0.36 acres of habitat is required. Said off-site dedication shall require the applicant to dedicate 0.36 acres of in-kind habitat in a Biological Conservation Easement. Said Conservation Easement shall be approved by the Director of Development Services, and shall be notarized and recorded withthe County of San Diego at the applicant's expense. In compliance with the PSHCP, the City shall subsequently re-zone the mitigation land to Open Space-Resource Management to ensure its permanent preservation. The applicant may opt to complete the mitigation requirement for the CSS habitat impacts only through the payment of a Habitat Mitigation In-Lieu Fee. Resolution No. P-06-49 Page 7 b. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatchers nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, grading during this timeframe will only be permitted subject to the following conditions having been met to the satisfaction of the Director of Development Services. 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. . If grading or clearing 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 CSS habitat and Gnatcatcher survey, and a report for the area to be cleared and/or graded and CSS habitat areas within 500 feet of such area. The biologist shall contact the United States Fish and Wildlife Service (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 cleared or 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 USFWS. . 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. . If Gnatcatchers are present 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. Resolution No. P-06-49 Page 8 c. 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 designated limits. During this period, the biologist shall also monitor and survey the habitat within the area to be cleared/graded and any habitat within 500 feet of said area on a daily basis for any evidence that a Gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division of the Development Services Department. 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). If grading is required to stop due to the presence of active nests, the applicant shall 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. d. 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. e. At a minimum, all protected areas, as shown on the grading plan, shall be staked by a licensed surveyor, and delineated with lathe and ribbon. 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. f. 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. 9. A BCE shall be recorded over the existing Open Space Easement area, as well as the approximate 0.36 acres of CSS on the property. The BCE shall not encumber the area identified as the ultimate right-of-way for the Espola Road per Espola Road Widening Design Study prepared by Berryman & Henigar. Resolution No. P-06-49 Page 9 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 applicant shall submit documents to the City for an Irrevocable Offer of Dedication of Public Right-of-Way along the property frontage on Espola Road. It is anticipated that the width of the dedication will range from 30 to 40 feet. The precise area of the required dedication shall be confirmed with the Engineering Division of the Development Services Department, and the applicant's engineer shall prepare the legal description and plat map for the right-of-way dedication. The irrevocable offer shall be recorded prior to the issuance of a Building Permit. The easement-processing fee is $1,000, and shall be submitted with the legal description and plat map. 2. 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. 3. Erosion control, including, but not limited to, de-silting basins, shall be installed and maintained by the developer throughout the duration of the project. 4. Rough grading of the lot is to be completed and is to meet the approval of the City inspector, and shall include submittal of the following: a. A certification of line and grade for the lot, prepared by the engineer of work. b. A final soil compaction report for review and approval by the City. 5. The following development fees shall be paid to the Engineering Division: Water: Meter Expansion Fee Service Line SDCWA System Capacity.. SDCWA Treatment Capacity.. 0/. inch $ 130 $3,710 $1,430 $4,154 $ 159 1 inch $ 270 $6,678. $1 ,430 $6,646 $ 255 .If a 1" meter is required due to fire sprinklers, 0/." fees will apply. ..To be paid by separate check to the SDCWA. Resolution No. P-06-49 Page 10 Sewer: Connection In-direct Benefit $2,356 $500 Clean out $50 Inspection $25 Traffic Mitigation Park Drainage $ 990 $2,720 $1,570 6. Prior to start of work within any City-held easement or right-of-way, such as construction of the driveway, 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. (Planning) 7. The site shall be developed in accordance with the approved plans dated August 22, 2006, and conditions of approval 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. 8. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance. 9. Building Permit plans shall show the proposed colors, texture and type of the exterior building materials for the residence. 10. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway School District for additional information at (858) 679-2570. 11. The plans shall show all existing and new utilities placed underground. 12. Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500 (fee based on a 3,892-square-foot house). 13. Pursuant to the requirements of the site Noise Study prepared by Dudek and Associates, dated July 3, 2006, the house is required to have air conditioning or mechanical ventilization so that windows may be closed to bring interior noise levels to 45 decibels or less. Reference to compliance with this requirement shall be noted on the building plans. (Public Works) 14. The property shall be annexed into the appropriate Landscape Maintenance and Lighting Districts to the satisfaction of the Director of Public Works. Resolution No. P-06-49 Page 11 F. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the following: 1. Driveway, drainage facilities, retaining walls, slope landscaping and protection measures, and all utilities shall be constructed, completed, and inspected by the Engineering Inspector. 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. 3. All proposed and existing utilities within the project site shall be installed underground. 4. 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. 5. In accordance with PMC 12.20.060, the property owner shall execute a Private Road Maintenance Agreement in a form satisfactory to the City Attorney. The applicant shall provide to the City a legal description and plat map for this agreement. 6. Record drawings, signed by the engineer of work, shall be submitted to the Development Services Department prior to a request for 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. (Planning) 7. All exposed slopes greater than 5:1 slope shall be planted and irrigated in accordance with the approved Brush ManagemenULandscaping Plan. 8. A minimum 6-foot-high noise barrier wall shall be constructed along the back yard pad limits in accordance with the Noise Study prepared by Dudek and Associates, dated July 3, 2006. G. The following improvements shall be constructed 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. Resolution No. P-06-49 Page 12 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. The 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. The access roadway shall be extended to within 150' of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system(s) shall be provided as required and approved by the Fire Chief. 5. A residential fire sprinkler system with a one-inch meter will be required for all portions of the structure. Plans shall be submitted to the Poway Fire Department, Division of Fire Prevention for approval prior to installation. (If a one-inch lateral off the street main is currently not present, one will have to be installed. Section 6: The approval of Variance 06-03 and Minor Development Review Application 06-17 shall expire on October 17. 2008. 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. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 17th day of October 2006. ATTEST: f.5,"~ Resolution No. P-06-49 Page 13 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-06-49, was duly adopted by the City Council at a meeting of said City Council held on the 17th day of October 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE DISQUALIFIED: NONE