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Res P-09-39 RESOLUTION NO. P-09-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 09-19 ASSESSOR'S PARCEL NUMBER 314-193-47 WHEREAS, MDRA 09-19, submitted by Bob Lamagno, Owner, requests approval to construct a 3,018-square-foot, single-family residence and an 806-square- foot, attached garage at 14203 Midland Road. The property is located in the Residential Single-Family 2 and Rural Residential C zones in the Old Poway Specific Plan area.; and WHEREAS, the Final Map for Tentative Tract Map 04-04, which created the subject lot, contains a note stating that the placement and design of the future homes and landscaping on lots within the subdivision shall minimize view obstruction of the Victorian house (Plaisted house) at 13624 Aubrey Street as seen from Midland Road and will be subject to City Council Review; and WHEREAS, on November 3, 2009, the City Council held a public meeting 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 the proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Sections 15303 the CEQA Guidelines, in that the project involves the construction of a single-family home. Section 2: The findings, in accordance with Poway Municipal Code (PMC) Chapter 17.52, to approve MDRA 09-19 to construct a 3,018-square-foot, single-family residence and an 806-square-foot, attached garage at 14203 Midland Road, are as follows: A. That the home and garage have been sited to minimize landform alteration, and conform to City zoning and grading standards. 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 residences. Therefore, the proposed design, size, and scale of the proposed addition is compatible with and will not adversely affect, or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources; and Resolution No. P-09-39 Page 2 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 necessary for the new residence; and D. That the project has been designed to minimize impacts on the surrounding community in that the proposed single-family residence will be built using a contemporary version of the Pioneer Farmhouse architectural style, and will incorporate high quality and authentic-appearing materials consistent with the Old Poway Specific Plan. The project will preserve a view of the existing Victorian house at 13624 Aubrey Street as seen from Midland Road. 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, because it will meet all development requirements; and F. That the proposed development will comply with each of the applicable provisions of the Zoning Ordinance and the General Plan. Section 3: The findings, pursuant to Government Code Section 66020 for the public improvements, and needed as a result of the proposed development to protect the public health, safety, and welfare are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety, and welfare as identified below: 1. In accordance with the Poway General Plan, the project requires the payment of drainage, park, affordable housing, traffic, sewer, water, stormwater inspection, and fire protection fees which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Section 4: The City Council hereby approves MORA 09-19, to allow the construction of a 3,018-square-foot, single-family residence and an 806-square-foot, attached garage at 14203 Midland Road, in the Residential Single-Family 2 and Rural Residential C zones in the Old Poway Specific Plan area, per plans on file with the Planning Division dated September 17, 2009, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, Resolution No. P-09-39 Page 3 judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including. but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to payor perform any settlement unless such settlement is approved by applicant. B. Approval of this MDRA request shall apply 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. C Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. D. The conditions of MDRA 09-19 shall remain in effect for the life of the subject residence, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. 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 building plans shall be consistent with the approved plans on file with the Planning Division dated September 17, 2009, except as modified by the conditions herein. 2. All spoil materials from footings and foundations shall be legally disposed of offsite unless a Grading Permit for placement of the materials is obtained from the Department of Development Services - Engineering Division prior to placement or the applicant has received verification from the Department in writing that no permit is required. 3. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. A $2,000 deposit for erosion control shall be paid prior to Building Permit issuance. Resolution No. P-09-39 Page 4 4. Record drawings are required for the grading plan and the improvement plans for the entire subdivision prior to Building Permit issuance. Please note that a compaction report for the subdivision is required for record drawings and has not been received for review. 5. The applicant shall pay all applicable development impact fees at the time of Building Permit issuance. Impact fees are based on the current fees at the time of permit issuance and are subject to change. For reference only, the fees currently applicable if a building permit were issued for the project at the date of this resolution and their respective amounts are listed below: Drainage Fee: Park Fee: Traffic Fee: Sewer Fee: Water Capacity Fee: Stormwater Inspection Fee: Fire Protection Fee: SDCWA Fee: $1,570.00 $4,562.00 $2,119.00 $5,836.00 $5,448.00 $1,318.00 $ 12203 Paid (7-27-05) 6. All existing and proposed utilities, or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 7. A Floodplain Development Permit is required as the improvements extend into a FEMA-mapped floodplain. (Building) 8. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570. (Planning) 9. The applicant shall submit landscape and irrigation plans, pursuant to the City of Poway Guide to Landscape Requirements. A $525.00 plan check fee is required with the landscape plan submittal package. In addition, the landscape plans shall show the following: a. Landscaping of manufactured slopes greater than a 5: 1 slope. b. Landscaping that is located within the viewshed of the Victorian home at 13624 Aubrey Street, as seen from the southeast corner of the Midland Road and Aubrey Street intersection and as depicted on Attachment D of the staff report associated with this Resolution, Resolution No. P-09-39 Page 5 to the satisfaction of the Director of Development Services. This landscaping must be low-growing and not substantially encroach into said viewshed at maturity. c. Seven 24-inch boxed trees are required to be planted in connection with the conditions of approval of TR 05-22, which authorized the removal of 47 trees from the five-lot subdivision approved by City Council as TTM 04-04. Based on the length of lot frontage of the subject Lot 3, the seven trees represent a proportionate share of the 20 replacement trees required to be planted along Midland Road and Aubrey Street pursuant to TR 05-22. The replacement trees shall be sycamore trees or other tree species, as deemed appropriate by the Director of Development Services considering the property's setting in Old Poway. 10. The house shall be equipped with low-flow plumbing fixtures. 11. The building plans shall include proposed fencing, including the height, location, design, and material. Fences shall be consistent with the architectural design of Old Poway and with the associated development project to the satisfaction of the Director of Development Services. 12. The building plans shall depict the exterior materials and colors consistent with the approved sample board on file with the Planning Division. 13. An Affordable Housing In-Lieu Fee shall be paid at the rate established at the time of Building Permit issuance. F. The applicant shall comply with the following conditions prior to occupancy: (Engineering) 1. Driveways, roadway improvements, all new drainage facilities, slope landscaping and protection measures, and all utilities shall be constructed and completed by the property owner, and inspected by the Engineering Inspector. All new utility services shall be placed underground. 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. Runoff 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. The applicant shall repair any and all damages to streets caused by construction activity from this project, to the satisfaction of the City Engineer. Resolution No. P-09-39 Page 6 4. Prior to certificate of occupancy, an elevation certificate (FEMA Form 81-31) ensuring that the first floor is above the flood elevation is required. The form is available at the City of Poway Development Services Department front counter (Planning) 5. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. Landscaping shall also be installed within the front and street sideyard setbacks. G. The applicant shall construct the following improvements to the satisfaction of the Director of Safety Services: 1. Roof covering shall be fire retardant as per CBC Section 1505, 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. 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. Every building requiring a building permit hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with an all-weather driving surface of not less than 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 Poway Municipal Code, shall approve the road surface type. 5. All Type V construction in excess of 3,600 square feet shall be equipped with a fire and life-safety fire sprinkler system. 6. All exterior, attached overhead covers four feet or greater in depth shall be equipped with an approved, exterior fire sprinkler head (Teflon or wax coated). 7. 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. If a pressure pump is required for fire sprinkler operation, auxiliary power Resolution No. P-09-39 Page 7 is required. There is a separate fee for fire sprinkler plan check and inspection services. 8. Show permanently wired smoke detectors, with battery backup, in each sleeping room and at a point centrally located in the corridor/hallway area leading to each separated sleeping area. The smoke detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 9. Doors leading from attached garages into the structure shall meet the requirements for a 20-minute fire door assembly. 10. Propane tanks or containers up to 500 gallons shall maintain a minimum 10-foot clearance from structures, combustibles and property lines. Tanks greater than 500 gallons shall maintain a 25-foot clearance. Tanks shall be secured in an approved manner as per the California Fire Code. 11. Solar panels shall be located no closer than 20 feet from a combustible structure and shall have a metal frame. All solar panels placed on a roof top shall comply with a Class "A" roof assembly. Section 5: Minor Development Review Application 09-19 shall expire on November 3, 2011, 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. Section 6: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on November 3, 2009. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 3rd day of November 2009. '" o~ W--~ Don Higginson, Mayor ~ ATTEST: A Troyan, MMC, City lerk Resolution No. P-09-39 Page 8 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-09-39, was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of November 2009, and that it was so adopted by the following vote: NOES: BOYACK (via Teleconferencing), CUNNINGHAM, REXFORD, KRUSE, HIGGINSON NONE AYES: ABSENT: NONE DISQUALIFIED: NONE . Troyan, MMC, City Clerk f Poway