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Res P-07-33 RESOLUTION NO. P-07-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 06-66 ASSESSOR'S PARCEL NUMBERS 314-213-18,19 WHEREAS, Minor Development Review Application (MDRA) 06-66, Poway Redevelopment Agency/Pacific Scene Homes, Owner/Applicant, request approval to construct a 1,468-square-foot, single-story residence on the vacant property known as Assessor's Parcel Numbers 314-213-18, 19, located on the west side of the 13900 block of York Avenue, within the Rural Residential C zone; and WHEREAS, on July 17, 2007, 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 has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program, shown as Exhibit A of this Resolution, for Minor Development Review Application 06-66. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a biological assessment prepared by Marquez and Associates, Biological Consultants, dated May 17, 2006, was submitted for the property. Development of the subject parcel will impact approximately 0.19 acres of disturbed, non-native grassland located on property that was previously developed and is outside of the Mitigation Area of the Poway HCP. In accordance with the Poway HCP, the required findings for approval of the proposed mitigation for the removal of non-native grassland habitat for Minor Development Review Application 06-66 are as follows: A. The proposed project is outside of the Mitigation Area of the Poway HCP. The mitigation is consistent with and furthers the implementing objectives of the Poway HCP in that the applicant will mitigate impacts to approximately 0.19 acres of disturbed, non-native grassland habitat at a 1:1 ratio. Said mitigation will be through offsite dedication of suitable non-native grassland habitat and the recordation of a Biological Conservation Easement preserving comparable undisturbed and unencumbered habitat of equal or greater conservation value Resolution No. P-07-33 Page 2 located within the HCP Mitigation Area, and/or by the payment of Habitat Mitigation In-Lieu fees ($10,000/acre). B. Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu Fees will contribute toward the building of the ultimate total Mitigation Area preserve system of the HCP. Therefore, such habitat preservation and/or payment of In-Lieu Fees will serve to enhance the long-term viability and function of the preserve system. C. The habitat preserved through offsite dedication, or purchased by Habitat Mitigation In-Lieu Fees paid will be to the long-term benefit of the HCP covered species and their habitats in that the recordation of a Biological Conservation Easement 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 wildlife corridor. D. The preserved habitat will foster the incremental implementation of the HCP in an effective and efficient manner in that the preservation of offsite 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 HCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public Biological Conservation Easements or In-Lieu Fees will be paid. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code to approve Minor Development Review Application 06-66 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 rural residential use. 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 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; and C. That the granting of this Minor Development Review Application would not be materially detrimental to the public health, safety, or welfare since the proposed use will complete improvements as deemed necessary; and Resolution No. P-07-33 Page 3 D. That the approved development encourages the orderly and harmonious appearance of structures and property within the City as the neighboring properties consist of rural residential lots. 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; and F. That the proposed development will comply with each of the applicable provisions of the Zoning Ordinance and the General Plan. Section 4: The City Council hereby approves Minor Development Review Application 06-66, to allow the construction of a 1,468-square-foot, single-story residence on the vacant lot (APN 314-213-18,19) located on the west side of the 13900 block of York Avenue, within the Rural Residential-C zone subject to the following conditions: A. Approval of this 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. If the Irrevocable Offer of Dedication for York Avenue and Edgemoor Street are vacated the following must occur: 1. The developer shall arrange for the City to have utility easements in place that provide adequate coverage over City sewer and water mains in York Avenue and Edgemoor Street, and individual water meters, clean outs and laterals. The easement shall include a minimum 10-foot-wide additional width on either side of sewer and water mains for maintenance purposes. 2. Adequate emergency vehicle access width be provided along Edgemoor Street and York Avenue prior to vacation of the IODs to the satisfaction of the Fire Marshal. 3. A "No Parking"/fire lane must be established along the frontage of the property known as APN 314-213-35, which is located immediately east of the City's York Avenue access driveway. The purpose of the designated fire lane is to ensure adequate maneuvering space for emergency vehicles. 4. The Fire Marshal requires that the sidewalk improvements on Edgemoor Street, along Midland Elementary, be extended west to York Avenue to provide pedestrian access, clear of the street. Resolution No. P-07-33 Page 4 D. . 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 24" x 36" standard mylar sheet, 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. A grading plan submittal list is available at the Development Services front counter. a. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from open space areas and property lines. Buildings 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. Driveways, in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. c. A separate erosion control plan for prevention of sediment run-off during construction. 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/Permit. 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. Locations and pertinent elevations of all retaining walls. g. Grading shall not affect the existing floodway capacity, or alter the alignment of flow. 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 Resolution No. P-07-33 Page 5 drainage. Concentrated flows across driveways are not permitted. 4. The grading plan shall provide that the new storm drain system will collect drainage from the existing developed parcels adjacent to and east of the subject parcel. 5. The grading plan shall provide for construction of the private street between the driveway of the subject parcel and York Avenue. 6. The grading plan shall note that the property owner of the subject parcel is responsible for maintaining and cleaning the drainage swale that parallels the existing and new sound wall. 7. Prior to issuance of a Grading Permit, and if construction of this project is to disturb one acre or more, the project owner 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 Permit. Applications for the Notice of Intent 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 8. Prior to issuance of a Grading Permit, and 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 ten-year, six-hour storm event; a material storage and handling site; measures to protect construction material from being exposed to storm runoff; protection of all storm drain inlets, onsite concrete truck wash and waste control; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system including a weather triggered action plan. The engineer shall certify the SWPPP prior to issuance of a Grading Permit. 9. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. The driveway and private road construction cost shall be included in the cost estimates for plan checking and determination of inspection fees. Resolution No. P-07-33 Page 6 10. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval. A minimum $2,000 cash security deposit is required. 11. The applicant shall apply for a water system analysis to establish the proper size and location of the public water system to serve APNs 314- 213-19,20 and 21. The fee for the analysis is $1,250 and only payable once for the three parcels (MDRA 06-66,67, and 68, respectively). 12. The applicant shall submit engineering improvement plans for the proposed public water and sewer mains, along with plan check and inspection costs, for these improvements. The water main shall be designed in accordance with the results of the water system analysis. 13. 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 onsite 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 3 inches of water over all disturbed areas prior to discharge, effectively creating a de- silting basin from the pad. The earthen or gravel bags shall be keyed in a minimum of one inch from the surface grade. 14. Edgemoor Street shall be widened to a minimum 20-foot width and a sidewalk shall be constructed along Edgemoor Street from the westerly limits of the Midland Elementary School to York Avenue. Improvement plans shall be submitted to the Engineering Division for review and approval prior to the onset of construction of the improvements. Special consideration and review shall be applied to insure that area drainage patterns are not disrupted with the proposed improvements. (Planning) 15. According to the habitat assessment prepared by Marquez and Associates, Biological Consultants, and the Poway Habitat Plan Vegetation Map #1, it is estimated that the project will impact approximately 0.19 acres of disturbed, non-native grassland. Impacted disturbed, non-native grassland shall be mitig'ated at a minimum of a 1: 1 ratio for 0.19 acres of undisturbed, unencumbered non-native grassland. Habitat mitigation shall be completed as follows: Resolution No. P-07-33 Page 7 a. The subject property is located outside of the Poway Subarea Habitat Conservation Plan (PSHCP) Mitigation Area; therefore, offsite dedication of 0.19 acres of habitat of equal or greater conservation value is required. Said offsite dedication shall require the applicant to place 0.19 acres of in-kind habitat in a Biological Conservation Easement. Said Conservation Easement shall be approved by the City Attorney, and shall be notarized and recorded with the County of San Diego at the cost of the applicant. 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 through payment of a Habitat Mitigation In-Lieu Fee. Presently, the Habitat Mitigation In-Lieu Fee is $10,000/acre. Therefore, the Habitat Mitigation In-Lieu Fee would be $1,900 for mitigation of 0.19 acres of habitat. b. 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. . c. 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. 16. A Landscape Plan shall be submitted to the Planning Division for review and approval. All landscaping and irrigation shall be installed to the satisfaction of the Director of Development Services and the Fire Marshal. Manufactured slopes greater than 5:1 shall be planted with a combination of ground cover, shrubs, and trees (with ratios and sizes consistent with the guidelines), and shall be provided with an automatic irrigation system operational at the time of final inspection. A $525.00 plan check fee/deposit is required with the landscape plan submittal package. The plan shall address the following issues: a. Provide a dense, fast-growing, buffer of evergreen trees along the easterly elevation of the existing sound wall. b. Front and side yard areas shall be landscaped and irrigated. c. A Tree Removal Permit shall be obtained and approved by the Public Works Department prior to removal of any trees proposed for removal as shown on the Tree Survey prepared by E/Scape Landscape Architecture and dated August 26, 2006. The Pecan Resolution No. P-07-33 Page 8 tree identified as Y23 and a California Pepper identified as Y3 shall be relocated onsite if possible. Any removed trees are required to be replaced in accordance with the replacement tree requirement outlined in the Chapter 12.32 of the Poway Municipal Code. 17. A minimum of one onsite visitor parking space shall be provided, in addition to the required two-car width driveway (approximately 16-feet wide by 20-feet deep). Said visitor space shall be sited adjacent to the driveway in front of the garage, but clear of the front yard area. 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 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. 2. Erosion control, including, but not limited, to de-silting basins, shall be installed and maintained by the developer throughout construction of the project. 3. Construction staking is to be installed by the owner 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. 4. 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. 5. Rough grading shall be completed and 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. 6. Prior to start of any work within City-held easements or rights-of-way, a Resolution No. P-07-33 Page 9 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. 7. Prior to delivery of combustible building materials, onsite water systems shall satisfactorily pass all required tests and be fully operational. 8. The applicant shall demonstrate that the public right-of-way for Irving Avenue has been vacated. 9. The following development fees shall be paid to the Engineering Division; these fees are currently in effect and are subject to change. Water Meter Size Meter % inch $130 1 inch $270 1 Y:, inch $600 Expansion Fee $3,710 $6,678 $10,388 "SDCWA Fee $4,326 $6,922 $12,978 "" WTCC $166 $266 $498 "To be paid by separate check, payable to the SDCWA. (San Diego County Water Authority) ""Water Treatment Capacity Charge to be paid to SDCWA Sewer Connection $2,356 Cleanout box $50 Inspection $25 Traffic Mitigation Park Drainage $ 990 $2,720 $1,200 10. Driveways and fences shall be located out of the rights-of-way. (Planning) 11. 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. 12. Building Permit plans shall show the proposed colors, texture and type of the exterior building materials for the residence. 13. 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. 14. A deed restriction shall be recorded on the lot for the purpose to assure continued affordability of the unit over time to the satisfaction of the Director of Development Services. The term of the deed restriction shall not be for less than 45 years. 15. The plans shall show all existing and new utilities placed underground. Resolution No. P-07 -33 Page 10 F. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the following: (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. Easements for water and sewer 'mains, and their appurtenances, which are located other than within public streets, shall be dedicated to the City. A minimum easement width of 20 feet is required. The City review fee of $1,000 shall be submitted with the proposed easement documents. 4. Public easements, such as for drainage or open space purposes, shall be dedicated to the City of Poway, if any. 5. The applicant shall repair any and all damages to the existing streets caused by construction activity from this project, to the satisfaction of the City Engineer. 6. 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 all private roads between the project site and the first public road that provides access to the project site. The applicant shall provide to the City a legal description and plat map for this agreement. 7. 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 the release of grading securities. 8. All exposed slopes greater than 5:1 slope and the front and side yard areas shall be planted and irrigated. 9. The rear and side yard areas shall be enclosed with a minimum 5-foot high solid wood privacy fence. Resolution No. P-07 -33 Page 11 10. A minimum 6-foot-high, solid wood, buffer fence shall be provided along the easterly property lines of APN 314-213-19, 20 and 21; along the southerly property line of APN 314-213-21; and along the "flagpole" portion of the 20-foot-wide access road from York Avenue to the subject property only where there is not an existing 5 to 6-foot-high wood fencing that is in good repair. 11. The developer shall construct and extend the existing sound wall along the westerly limits of the proposed building pad to the easterly property line. This will allow the entire rear yard area to be buffered from area traffic noise. The building materials and design shall be similar to the existing sound wall. 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. 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. Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways with all-weather driving surface of not less that 16 feet of unobstructed width, with adequate roadway turning radius, capable of supporting the imposed loads of fire apparatus, and having a minimum of 13 feet 6 inches of vertical clearance. The Fire Chief, pursuant to the City of Poway Municipal Code, shall approve the road surface type. 5. 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. 6. A residential fire sprinkler system with a one-inch meter will be required. 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.) 7. One fire 'hydrant is to be installed, per the approval of the Fire Marshal. Resolution No. P-07 -33 Page 12 8. Applicant must demonstrate adequate access to the structures as approved by the Fire Marshal. Section 4: The approval of Minor Development Review Application 06-66 shall expire on August 7,2009, 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 July 2007. ATTEST: ~1~~~c~ 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-07-33 duly adopted by the City Council at a meeting of said City Council held on the 17th day of July 2007, and that it was so adopted by the following vote: AYES: NOES: BOYACK, HIGGINSON, REXFORD, CAFAGNA NONE ABSENT: EMERY DISQUALIFIED: NONE L~e~~CI~ City of Poway Resolution No. P-07-33 Page 13 EXHIBIT A MITIGATION MONITORING PROGRAM FOR MDRA 06-66 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This Mitigation Monitoring Program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Code. When phasing of development has been established, for this Monitorin Pro ram to be amended, with Cit a roval. Miti ation Measure Timin 1.a. Non-native grassland Mitigation: 1. Prior to Pursuant to the Poway Habitat Grading Permit Conservation Plan, the applicant shall issuance mitigate the projects' impacts to 0.19 acres of disturbed, non-native grassland habitat at a 1: 1 ratio. This mitigation shall be through the dedication of an offsite Biological Conservation Easement preserving comparable undisturbed and unencumbered habitat, and/or by the payment of In-Lieu Fees at the established rate. Presently the In-Lieu Fee rate is $10,000 per acre. 1.b A Tree Removal Permit shall be obtained and approved prior to removal of any proposed trees. Trees shall be replaced in accordance with the Poway Tree Ordinance, Poway Municipal Code Section 12.32. 1. The developer shall construct and extend the existing sound wall along the westerly limits of the proposed building pad to the easterly property line. The building materials and design shall be consistent with the existin sound wall. Municipal necessa To ic Biological Resources Noise it may be 1. Prior to Final Occupancy Approval 1. Applicant