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Res P-08-12 RESOLUTION NO P-08-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TPM 01-05R AND MINOR DEVELOPMENT REVIEW APPLICATION 02-100R ASSESSOR'S PARCEL NUMBER 320-020-42 WHEREAS, TPM 01-05R and Minor Development Review Application (MORA) 02-100R, submitted by Allen Basile, is a request to modify the conditions of approval for the subject applications to allow the driveway elevation of Parcel 4 of TPM 01-05 (11558 Creek Road) to be increased to a higher grade, and to allow a required 6-foot-high wood screening fence to be constructed along the northerly property line, when it was required to be constructed adjacent to the access driveway to Parcel 4 The property is located at 11558 Creek Road within the Creek Road Enclave area, and the zoning is South Poway Planned Community; and WHEREAS, on July 1, 2008, 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 approved a Mitigated Declaration for TPM 01-05 on September 17, 2002. The Initial Study identified several potentially significant impacts that were mitigated to a point where clearly no significant effects would occur Mitigation included a requirement for a 6-foot-high wood fence to be installed adjacent to the driveway along the northeasterly property line of Parcel 4 to screen vehicle headlights, as well as a requirement that the grading design for the access driveway of Parcel 4 be modified to lower the surface elevation to be consistent with the adjacent existing grade The subject modification proposes the construction of a solid wood fence within a few feet of the northern edge of the access driveway that has sufficient height and appropriate placement and length to effectively screen vehicle headlights from directly shining into the residence located at 11570 Creek Road The modification also proposes to increase the surface elevation of the access driveway from 1 to 5 feet to increase visibility of the driveway for the driver and improve safety The proposed screening is an equivalent screen that is more aesthetically pleasing The proposed 1- to 5-foot increase in the driveway grade is more compatible due to increased safety and the overall strategies implemented in the construction of the single-family home that minimized the alteration to the natural grade Those measures included siting the house on the less steep portions of the lot, using a multi-level house foundation, constructing a single-story house with a 25-foot height limit, and otherwise meeting the Hillside Development standards of the Poway General Plan Pursuant to CEQA Guidelines Section 15074 1 (b)(2), the City Council hereby finds that the new measures contained in the attached Exhibit A are equivalent or more effective in mitigating or avoiding the potential significant effects on Aesthetics and the new measures themselves will not Resolution No P-08-12 Page 2 cause any potentially significant effect on the environment. Section 2; The findings and conditions of approval of Resolution No P-02-54 remain in full force and effect, except as modified within this Resolution. Section 3 The findings and conditions of approval contained in the letter of approval for MORA 02-100, dated October 23, 2003, remain in full force and effect, except as modified within this Resolution. Section 4 The City Council hereby approves TPM 01-05R and MORA 02-100R, subject to the following conditions. A, The requirements pursuant to Conditions F(8)(f) and F(8)(c) of Resolution No P-02-54 and Conditions C(2)(g) and C(13), contained in the letter of approval of MORA 02-100, are amended as follows. 1 The applicant shall provide plans to the Development Services Department showing a solid wood fence up to six feet in height and within a few feet of the northern edge of the access driveway that has sufficient height and appropriate placement and length to effectively screen vehicle headlights from directly shining into the residence located at 11570 Creek Road to the satisfaction of the City Engineer 2 The grading design for the access driveway for 11558 Creek Road shall be as shown on the grading plan, date-stamped May 30, 2008, and on file in the Development Services Department. B Prior to issuance of the certificate of occupancy for 11558 Creek Road, the applicant shall record a covenant on Parcel 3 (11550) and Parcel 4 (11558 Creek Road) of Tentative Parcel Map 01-05 ensuring maintenance of the required screen fence The form and content of the covenants shall be to the satisfaction of the Director of Development Services. C Prior to the sale of either Parcel 3 (11550 Creek Road) or Parcel 4 (11558 Creek Road) of Tentative Parcel Map 01-05, the property owner shall record an access easement for the benefit of Parcel 4 over Parcel 3 This condition shall be recorded as a covenant on both Parcel 3 and Parcel 4 to the satisfaction of the Director of Development Services 0 The improvements as shown on the revised plan dated May 30, 2008, and the revised fence plan as described in Condition A,1 of this Resolution shall be completed prior to occupancy of 11558 Creek Road Resolution No. P-08-12 Page 3 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 1st day of July 2008 ~~ ATTEST Michael P Caf(!)Or ~(/ L )/"-7~ If/, alam Hasenin, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No P-08-12, was duly adopted by the City Council at a meeting of said City Council held on the 1 st day of July 2008, and that it was so adopted by the following vote AYES BOYACK, EMERY, HIGGINSON, CAFAGNA NOES NONE ABSTAIN NONE DISQUALIFIED REXFORD ~X 1,1 /!~~/ t-, Salam Hasenin, City Clerk Resolution No P-08-12 Page 4 EXHIBIT A AMENDED MITIGATION MONITORING PROGRAM FOR TPM 01-05 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 2.1081 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 Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Topic Mitigation Measure Timina Responsibilitv- Aesthetics 1 Development must comply with City hillside 1 Prior to Grading Applicant guidelines and standards. Permit issuance 2. Construction on Parcel 4 will be limited to a 2. Prior to Grading low-profile, single-story, multi-level Permit issuance foundation design that follows the natural 3 Priorto contours of the land The design is required Occupancy of to have varied roof heights and styles to the residence on create attractive, interesting building Parcel 4 elevations. The maximum height of the 4 Priorto residence cannot exceed 25 feet, as occupancy of a measured from the building pad to the residence on highest point on the ridge of the roof Parcel 4 3 A solid wood fence shall be installed within 5 Prior to Grading a few feet of the northern edge of the Permit issuance access driveway that has sufficient height, 6 Prior to Grading placement and length to effectively screen Permit issuance vehicle headlights from directly shining into the residence located at 11570 Creek Road to the satisfaction of the City Engineer The applicant shall also record a covenant on the subject property indicating the required ongoing maintenance obligation of the screen fence 4 To lessen the need to grade in the steeper westerly portion of the property, development shall be sited as close as possible to the easterly property line and the pad elevation of the residence shall be lowered. Resolution No P-08-12 Page 5 Topic Mitigation Measure Timing Responsibility 5 City Council approval is not required for a reduction in height of the building pad elevations shown on the conceptual grading design for the subdivision dated July 29, 2002. 6. The grading design for the access driveway up to the easterly, side property line of Parcel 4 shall be as shown on the grading plan dated May 30, 2008, and on file with the Development Services Department. Biology 1 Mitigate for 0 92 acres of impacted 7 Prior to Parcel Applicant chaparral habitat pursuant to the Poway Map approval or HCP at a 1 1 ratio and by means of issuance of an appropriate habitat acquisitions and/or fee Administrative payment. Clearing or Grading Permit, whichever occurs first Geology 1 Future development of each lot requires that 1 Prior to an Applicant and Soils the applicant contract with a licensed soils Administrative engineer to complete additional soils testing, Clearing or to ensure that the area of development is Grading Permit clear of Friars Formation. Hydrology 1 Developer shall design a drainage system 1 Prior to Grading Applicant capable of handling all drainage running Permit through or generated on the site issuance. 2 To minimize the potential for polluted runoff 2. Prior to during and after construction on the site, Grading, development of the individual lots will Clearing or require compliance with Regional Water Building Permit Quality Control Board (RWQCB) regulations issuance and submission of proof from the RWQCB of compliance prior to any work on the site In addition, development will be required to comply with adopted City of Poway standards governing the handling of storm water runoff in effect at the time of permit issuance. Land Use 1 Development must comply with City hillside 1 Prior to Grading and guidelines and development standards Permit Planning 2. Construction on Parcel 4 will be limited to a issuance low-profile, single-story, multi-level 2. Prior to Grading foundation design that follows the natural Permit contours of the land. The design is required Issuance. to provide varied roof heights and styles to 3 Prior to Grading create attractive interesting building Permit elevations issuance Resolution No P-08-12 Page 6 Topic Mitigation Measure Timing Responsibility 3 Based on the proposed main pad elevation on Parcel 4 being 588 feet, the maximum height of a future residence cannot exceed 25 feet as measured from the building pad to the hiqhest point on the ridqe of the roof