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