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Res P-12-08RESOLUTION NO. P -12 -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING HILLSIDE /RIDGELINE MINOR DEVELOPMENT REVIEW APPLICATION 10 -028 APN: 323 - 290-43 WHEREAS, Minor Development Review Application (MDRA) 10 -028; Don Nguyen and Chau Lien, Applicants, request approval to construct a 5,733- square -foot, two -story residence with an attached 943 - square -foot garage and a detached 1,433- square -foot guesthouse with an attached 572 - square -foot garage on a vacant 2.2 -acre property located at 12835 Gate Drive. The property is zoned Rural Residential C (RR -C) and located within the Hillside /Ridgeline Review area; and WHEREAS, on July 17, 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: A Mitigated Negative Declaration (MND) was issued with the approval of MDRA 06 -09 for development of a residence and guesthouse on the subject property on October 7, 2008 (Resolution No. P- 08 -26). The proposed project (MDRA 10 -28), consisting of a residence, guesthouse and associated improvements, is consistent with the scope of the project as described in the adopted MND in that the development is similar in scale and will be sited in the same area where development was previously approved. Therefore, pursuant to Section 15162 of the 2012 California Environmental Quality Act (CEQA) Guidelines, the project is consistent with the previously adopted MND and no subsequent environmental review is required. Section 2: The findings for MDRA 10 -028, in accordance with Section 17.52.010 of the Poway Municipal Code (PMC) Purpose of Development Review, are made as follows: A. That the residence and guesthouse have been sited to minimize landform alteration, and conform to City zoning and development 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 effect on the aesthetics, health, safety, or architecturally related impact upon adjoining properties as the residence is consistent with residences in the vicinity. 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 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 guesthouse; and Resolution No. P -12 -08 Page 2 D. That the project has been designed to minimize impacts on the surrounding community by utilizing a low- profile architectural design, and earth -toned wall and roof materials. 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 Poway General Plan. Section 3: The findings, pursuant to Government Code Section 66020, for the public improvements for MDRA 10 -028, 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: 1. In accordance with the Poway General Plan, the project requires the payment of drainage, park, affordable housing, and traffic 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 MDRA 10 -028, 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, the 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 the 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 -08 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. Prior to occupancy of the guest house for the project, the owner shall submit a signed and notarized Deed Covenant, to be prepared by the City, which will be recorded with the County Recorder, stating that the detached guesthouse shall never by rented or leased as a separate unit and no complete kitchen facilities shall be installed. E. 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. F. Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the applicant shall comply with the following: 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. 2. 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. 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. 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 Development Services Department— Engineering Division prior to placement or the applicant has received verification from the Department in writing that no permit is required. 2. The applicant shall incorporate Low Impact Development (LID) design features 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. 3. A minimum cash security for erosion control of $2,000 is required. 4. The applicant shall attend a pre- construction meeting at the Development Services Department. The scheduling request shall be submitted on a City standard form available from the City's Project Engineer. The applicant's action Resolution No. P -12 -08 Page 4 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. 5. 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. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. The current fee amount is $1,318. 6. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. Listed below are the current applicable fees and amounts: a. Water (1 -inch meter) $5,448.00 b. Sewer (1 EDU) $5,836.00 C. Drainage (Poway Creek) $1,200.00 d. Fire Apparatus (1 EDU) $ 122.03 e. Traffic (Rural -Res, 1 EDU) $2,218.00 f. Park (Rural -Res, 1 EDU) $4,562.00 There is also a required fee to the San Diego County Water Authority in the amount of $6,922 for a 1 -inch meter. The applicant shall also pay the cost of the water meter, and fee for cleanout and inspection of the sewer service connection. 7. The applicant shall execute and record a Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan included in the agreement. The Operations and Maintenance requirements shall be binding on the land throughout the life of the project. (Planning) 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. 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 MDRA plans will require a MDRA revision and City Council approval. 10. Exterior building materials and finishes shall reflect the approved elevations on file with the City, and shall consist of muted earth tones and a the roof as noted on the building plans to the satisfaction of the Director of Development Services. Resolution No. P -12 -08 Page 5 11. The maximum height of any fence or wall shall not exceed 6 feet. 12. All living quarters shall be equipped with low -flow plumbing fixtures. 13. An Affordable Housing In -Lieu Fee shall be paid at the rate established at the time of Building Permit issuance. Currently, the fee for the proposed residence is $500. 14. Fire Fuel Management Zones shall be shown on Building Permit site plans. H. The following requirements shall be completed to the satisfaction of the Director of Safety Services: The applicant is required to meet all applicable PMC and California State Fire and Building Codes for this project. The applicant is encouraged to 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. This parcel is located within the Very High Fire Hazard Area of the City and is new construction; therefore, California Building Code Chapter 7A and Chapter 15.05 PMC will apply. 3. Roof covering shall be fire retardant as per PMC 15.04.050, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 4. Ignition- resistant construction, Class 1, is required for this project. 5. A residential fire sprinkler system with a one -inch meter will be required serving both structures. A separate plan submittal and approval to 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. There is a separate fee for this plan check and inspection services. 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 is required. 6. The main residence 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. 7. 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. Numbers shall contrast with their background. The address is required at the private driveway entrance. Resolution No. P -12 -08 Page 6 8. Smoke detectors shall be installed in all bedrooms and adjoining hallways. 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. Carbon monoxide detectors shall be installed in hallways adjoining bedrooms. The carbon monoxide 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. 10. The applicant shall comply with Section Six of the City of Poway Landscape and IrTigation Design Manual and Chapter 15.05 PMC as it relates to fuel management and defensible space. One hundred feet, or to the parcel line, of fuel management is required. The 100 -feet shall include 40 -feet of Zone A and 60 -feet of Zone B. Fifteen feet of vegetation fuel modification shall be maintained on both sides of driveways. Reference: Vegetative Fuel Management Plan approved in July 2010 for additional information. Prior to issuance of the Certificate of Occupancy: 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. (Engineering) 2. All proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 3. 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. 4. 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. 5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the public streets or facilities caused by construction activity from this project. 6. Record drawings for the water main improvements associated with project number W109 -527, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section Resolution No. P -12 -08 Page 7 16.52.130B of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. (Planning) 7. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans, and vegetation fuel management plan on file with the City of Poway Planning Division, consistent with slope planting and the approved fire management zones and the City of Poway Landscape and Irrigation Design Manual. 8. No fencing or gates shall be installed in the 30 -foot access easement along the north property line. (Public Works) 9. The property shall be annexed into Lighting District Zone A to the satisfaction of the Director of Public Works. Section 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 6: The approval of Minor Development Review Application 10 -028 shall expire on July 17, 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 17th day of July 2012. Don Higginson, yor ATTEST: a . Troyan, MMC, City 151erk Resolution No. P -12 -08 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 penalty of perjury that the foregoing Resolution No. P -12 -08 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of July 2012, and that it was so adopted by the following vote: AYES: BOYACK , GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE L: . d . Troyan, MMC, City Clerk Ci y of Poway