Loading...
Res P-12-03 RESOLUTION NO. P -12 -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 11 -14 APN: 321 - 271 -43 WHEREAS, Keith and Lenore Carter, Applicants, request approval to construct a 5,057- square -foot two -story residence, a 1,780- square -foot attached garage, and an 882 - square -foot detached second dwelling unit on a vacant 8.2 -acre property located at 13839 Millards Ranch Lane. The property is zoned Rural Residential A (RR -A) and is located within the Hillside /Ridgeline Review area; and WHEREAS, on May 15, 2012, 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 existing and proposed site improvements will be located on areas of the property that were previously graded and cleared. Any potential biological impacts related to this activity are adequately addressed by and consistent with the City of Poway's Subarea Habitat Conservation Plan (PSHCP), companion Implementing Agreement dated June 1996, and associated Mitigated Negative Declaration. The proposed construction of the residence and a second dwelling unit is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 3(a) Categorical Exemption, pursuant to Section 15303 of the 2012 CEQA Guidelines, in that the exemption applies to the construction of a single - family dwelling and a second dwelling unit on an existing legal parcel located in a residential zone. Section 2: The findings for MDRA 11 -14, in accordance with Section 17.52.010 of the Poway Municipal Code (PMC) Purpose of Development Review, are made as follows: A. The project has been designed to conform to the General Plan and City development standards, as well as hillside /ridgeline requirements. The residence and second unit will be sited on existing, approved graded pads. Therefore, the development respects the interdependence of land values and aesthetics to the benefit of the City. B. The development encourages the orderly and harmonious appearance of structures and property within the City in that the project has been designed to be compatible with surrounding residential development with regard to size, design and scale. C. The residence and second unit will not have an adverse health, safety or aesthetic impact upon adjoining properties in that the development will be compatible with surrounding residential development, and the necessary private and public infrastructure improvements will be completed to serve the project. Resolution No. P -12 -03 Page 2 D. The residence and second unit have been designed to comply with the Zoning Ordinance. Section 3: The findings for the public improvements for MDRA 11 -14, pursuant to Government Code Section 66020, 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. B. 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, and further described in the conditions of approval: 1. A fire hydrant shall be installed. C. In accordance with the Poway General Plan, the project requires the payment of development impact 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. 1. In accordance with the Poway General Plan, the project requires the payment of a fire apparatus fee, which promotes a safe and healthy environment for the residents of the City. The project is also required to pay applicable fees, including, but not limited to, affordable housing in -lieu fee, and park, traffic mitigation and drainage fees. Section 4: The City Council hereby approves MDRA 11 -14, 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, 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 pay or perform any settlement unless such settlement is approved by applicant. Resolution No. P -12 -03 Page 3 B. Approval of this MDRA request 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. C. Within 30 days of the date of this approval or before submittal of a Building Permit application, whichever occurs first, the applicant shall submit in writing that all conditions of approval have been read and understood. D. The conditions for the project shall remain in effect for the life of the subject property, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. Either the main residence or the second dwelling unit must be occupied by the owner of the property at all times that either unit is held out for rent pursuant to Poway Municipal Code (PMC) Section 17.08.180 A. F. Prior to issuance of a Grading Permit, Administrative Clearing Permit, or Building Pad disturbance, the applicant shall comply with the following: (Engineering) 1. Low Impact Development (LID) design features shall be incorporated into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 2. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Development Services Department — Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by PMC Titlel6 shall be submitted. 3. The precise grading plan shall include the installation of a public fire hydrant in a location satisfactory to the City Fire Marshal. 4. The existing water meter shall be relocated near the proposed hydrant to the satisfaction of the City Engineer. 5. The project requirements for fire protection call for the installation of a fire hydrant and expansion of the public water system necessary to support the installation of the hydrant. A water system analysis is required for final design of the proposed public water system expansion and shall be completed prior to the issuance of a Grading Permit. The applicant shall pay for the cost of preparing the analysis prior to submittal of plans. Resolution No. P -12 -03 Page 4 6. Water Quality Control — Drainage and Flood Damage Prevention A drainage study addressing the impacts of the 100 -year storm event prepared by a registered Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City Project Engineer. 7. Water Quality Control — Design and Construction The project shall comply with the City's Jurisdictional Urban Runoff Management Program (JURMP). The project is considered a Priority Project and will be subject to the Standard Urban Stormwater Management Plan, as outlined in the PMC. A Water Quality Technical Report (WQTR) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O &M) plan in accordance with Chapter 16.104 of the PMC. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project, as outlined in Chapter 16.104 PMC. 8. Water Quality Control — Construction Storm Water Management Compliance Proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009 - 0009-DWQ, as amended by Order 2010 -0014) shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 9. Two separate cost estimates are to be prepared for the project. One should include all public improvements associated with the installation of the new fire hydrant. The other estimate shall be for the remaining private improvements and grading. 10. Grading securities shall be posted with the City prior to grading plan approval per PMC 16.46.080. A minimum cash security of $2,000 is required in all instances. This security amount will not include the improvements associated with the fire hydrant. 11. A Standard Agreement for the Construction of Public Improvements shall be executed and securities associated with the installation of the fire hydrant shall be posted in accordance with Chapter 16.20 PMC. 12. An easement for the fire hydrant and any associated public water improvements required to serve the project shall be submitted. Resolution No. P -12 -03 Page 5 13. Following approval of the grading plans, posting of securities and fees, and receipt of three copies of the approved plans, the applicant shall attend a pre- construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 14. Prior to start of any work within a City -held easement or right -of -way, 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. 15. 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 approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer, and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. (Planning) 16. The grading plan design shall be revised to show that the limits of disturbance in the southeast corner of the building pad of the second unit coincides and does not extend beyond the previously approved limits of grading. Grading shall not encroach into the Open Space Easement areas. 17. To avoid potential impacts to the California Gnatcatcher and coastal sage scrub (CSS), in accordance with Condition H of the Poway Subarea Habitat Conservation Plan Incidental Take Permit, a take of active California Gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Because proposed development will be within 500 feet of CSS habitat, the habitat of the California Gnatcatcher, grading activities during this time frame 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 clearing /grading activities, if active nests are found within 500 feet of the grading, grading 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. Resolution No. P -12 -03 Page 6 a. Prior to the issuance of a Building Permit, Grading Permit, or Administrative Clearing Permit, whichever comes first, and if clearing/ grading 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 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. b. 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. c. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatcher nests are not present within the area to be 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. d. If Gnatcatchers are present within the area to be cleared /graded, or within CSS habitat located within 500 feet of said area during the nesting season (February 15 through July 1), no clearing /grading will be allowed during this time. 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 are implemented to the satisfaction of the City and the USFWS. There is no guarantee that grading will be allowed to resume. 18. If grading is proposed to occur during the nesting season of the California Gnatcatcher (February 15 through July 1), the biologist must attend the City's pre- construction meeting for the project and must be present onsite 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, on a daily basis, within the area to be graded /cleared and any habitat within 500 feet of said area for any evidence that a Gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the clearing /grading operation shall cease in that area and be directed away from the Gnatcatcher nest(s) to a Resolution No. P -12 -03 Page 7 location greater than 500 feet away from the nest(s). If clearing /grading is required to stop due to the presence of active nests, the applicant shall be required to 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 and /or grading plan. 19. If grading is proposed to occur during the nesting season of the California Gnatcatcher (February 15 through July 1), 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. 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. 20. The project site shall be landscaped and irrigated in compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. Landscape and irrigation plans shall be submitted and approved prior to the issuance of the Building Permit. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals, and is made directly to the Planning Division. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. The plans for landscaping shall, at minimum, show the following: a. Irrigation, and sizes and species for: Landscaping all manufactured and disturbed slopes greater than a 5:1 slope; ii. The Fire Fuel Management Zones. b. In accordance with said requirements, and the Poway General Plan requirement for hillside development, the landscaping shall utilize materials similar in appearance to the existing native vegetation. c. Landscaping proposed within 50 feet of the riparian /wetland habitat or the Open Space Easement shall consist of non - invasive plant species that are compatible with riparian vegetation. d. Vegetation Fuel management is required to extend out 100 feet from the residence and second unit. Mitigation is required where 100 feet Resolution No. P -12 -03 Page 8 of vegetation fuel management cannot be achieved. The Fire Marshal has determined that any of the following optional methods may be used to achieve the required mitigation where 100 feet of vegetation fuel management cannot be achieved within the parcel. i. Provide a 6 -foot high buffer wall constructed of non - combustible materials. Said buffer wall shall be shown and identified on the landscape /vegetation fuel management plans along segments of the easterly property line, and along the 25 -foot setback from the riparian corridor /Open Space Easement area, to the satisfaction of the Fire Marshal. ii. Acquire an easement from the owner of the adjacent property to the east to allow vegetation maintenance /clearance that achieves the required 100 -foot vegetation fuel management. Any impacts to habitat resulting from the initial vegetation fuel management clearance will be required to be mitigated in accordance with the Poway Subarea Habitat Conservation Plan. Mitigation could be accomplished in the form of dedication of a Biological Conservation Easement or payment of a Habitat Mitigation In -Lieu Fee at the rate established at the time of habitat removal. Presently, the fee is $17,000 /acre. iii. The required width of the vegetation fuel management along the northerly elevation of the residence may be reduced to an approximate 75 foot width only in the area needed to observe and not encroach into the required 25 -foot setback from the riparian corridor. The required width of Zone A of the vegetation management shall be increased in the referenced area by a distance equal to the decrease in Zone B needed to avoid the 25 -foot setback. Therefore, Zone A will range from 40 feet to approximately 65 feet and Zone B will range from approximately 10 feet to 60 feet (see Attachment C). 21. A note shall be added to the plans that if construction of the residence does not commence within 90 days of completion of grading, all manufactured slopes steeper than 5:1 shall be hydroseeded and irrigated to the satisfaction of the Director of Development Services. G. 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 grading plans on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the Resolution No. P -12 -03 Page 9 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, desiltation basins, 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. 3. The applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Three copies of certification of line and grade for the lot, prepared by the engineer of work. b. Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 4. The applicant shall pay all applicable development impact fees in effect at time of permit issuance for each unit (the residence and for the second dwelling unit). Listed below are the current applicable fees and amounts: a. Drainage (Rattlesnake Creek) $ 1,570.00 /unit ($3,140 total) b. Fire Apparatus (Rural -Res) $ 122.03 /unit ($244.06 total) c. Traffic (Rural -Res) $1,218.00 /unit ($4,436 total) d. Park (Rural -Res) $4,562.00 /unit ($9,124 total) (Planning) 5. The site plan included with the building plan check shall be consistent with the approved site plans on file in the Development Services Department and the conditions contained herein. 6. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, Chapter 17.07 PMC, and all other applicable codes and ordinances in effect at the time of permit issuance. 7. An Affordable Housing In -Lieu Fee shall be paid to the Planning Division for the residence and for the second dwelling unit at the rate established at the time of Building Permit issuance. 8. The applicant shall contact the Poway Unified School District (858- 679 -2570) to verify if school impact fees are required. If required, the fees shall be paid at the rate established at the time of Building Permit issuance. Resolution No. P -12 -03 Page 10 9. All architectural details shown on the approved MDRA plans shall also be shown on the building plan check submittal. Any major modifications to the building or site design details on the approved plans will require a new MDRA approval by the City Council. 10. Exterior building materials and finishes shall reflect the approved elevations on file with the City and these conditions of approval, and shall be noted on the building plans to the satisfaction of the Director of Development Services. 11. The maximum height of any fence or retaining wall shall not exceed 6 feet. Retaining walls shall be of decorative block or stucco finish consistent with the exterior of the residence. Building plans shall clearly show the location, material and heights of retaining walls. The maximum height of driveway entry gates and associated pilasters shall not exceed 7 feet. The driveway entry gate and associated pilasters shall be located adjacent to the driveway and may be located within the front yard setback area, provided a minimum 20 -foot setback is maintained to the edge of the street intersecting the driveway to allow the vehicle entering the property to stop in the driveway during operation of the gate without impacting traffic in the street. A separate Building Permit may be required. 12. Fire Fuel Management Zones shall be shown on Building Permit site plans. 13. The floor area of the second dwelling unit shall not exceed 25 percent of the floor area contained in the primary unit (not including garage area) or 1,500 square feet, whichever is less. H. The applicant shall comply with the following requirements to the satisfaction of the Director of Safety Services: 1. The applicant is required to meet all applicable PMC and California State Fire and Building Codes for this project. Contact the Division of Fire Prevention at 858 - 668 -4470 to set up a meeting prior to submitting building plans in order to review project requirements. 2. Every building 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 a roadway interior turning radius of not less than 28 feet, capable of supporting the imposed loads of fire apparatus, with a minimum of 13 feet, 6 inches of vertical clearance. The Fire Chief, pursuant to the PMC, shall approve the road surface type. 3. Dead -end access roadways in excess of 150 feet long shall be provided with approved provisions for turning around of Fire Department apparatus. Resolution No. P -12 -03 Page 11 Curves and topographical features could alter the requirements for turnarounds and the width of access roadways. 4. A residential -use fire hydrant shall be installed. 5. A residential fire sprinkler system with a one -inch meter will be required. a. A separate plan submittal and approval by the Poway Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler contractor or fire protection engineer, is required for the residential sprinkler system prior to installation. b. A reduced pressure backflow device approved for use by the Public Works Department is required. 6. The parcel is located within the Very High Fire Hazard Area of the City and is new construction; therefore, California Building Code Chapter 7A will apply. 7. The parcel is located within the Very High Fire Hazard Area of the City; therefore Chapter 15.05 PMC will apply. a. Ignition- resistant construction, Class 1 is required for this project. b. The applicant shall comply with Section Six of the City of Poway Landscape and Irrigation Design Manual and Chapter 15.05 PMC as it relates to vegetation fuel management and defensible space. One hundred feet, or to the parcel line, of vegetation fuel management is required. Mitigation is required where 100 feet of vegetation fuel management cannot be achieved within the parcel boundaries. Additional mitigation options are provided in Condition F. 20.d of this document. i. There is a separate fee for this plan check and inspection service. The landscape plan requires a separate landscape and irrigation plan submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. ii. The applicant shall submit and receive signed approval of landscape and irrigation plans prior to the issuance of the Building Permit. c. An 80 percent structure setback (measured from the top of the slope to the farthest projection from the roof) is required. A structure shall be set back a minimum of 1.25 feet horizontally from the top of slope for every foot in building height measured from the farthest projection of the roof. Resolution No. P -12 -03 Page 12 i. Structural setbacks shall be shown on the site plan. Show scaled cross section profiles denoting the top of the slope, building /roof projections, and the setback distance at multiple locations on the plan submittal. Prior to issuance of the Certificate of Occupancy: (Engineering) 1. 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. 2. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 3. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 5. All applicable easement dedications, encroachment agreements, and maintenance agreements are to be recorded prior to occupancy. 6. All work on the approved plans shall be completed. Record drawings signed by the engineer of work shall be submitted and approved by Development Services 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. All applicable easements, agreements and right -of -way dedication /vacation information shall be referenced on the record drawings. At least three weeks prior to a request for occupancy is recommended. (Planning) 7. The site shall be developed and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City Departments will be required. 8. All landscaping and irrigation shall be installed in accordance with approved landscape plans. Resolution No. P -12 -03 Page 13 Section 5: Pursuant to Government Code Section 66020, the 90 -day approval period during which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on May 15, 2012. Section 6: The approval of Minor Development Review Application 11 -14 shall expire on May 15, 2014, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property has commenced prior to its expiration. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 15th day of May 2012. . Don Higginson, Ma or ATTEST: o -- ■ • - ° . Troyan, MMC, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P -12 -03 was duly adopted by the City Council at a meeting of said City Council held on the 15th day of May 2012, and that it was so adopted by the following vote: AYES: GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: BOYACK DISQUALIFIED: NONE - ...01 ‹ .____„ Lin • : A. Troyan, MMC, City Clerk C y of Poway