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Res P-12-12RESOLUTION NO. P -12 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 12 -017 APN: 277 - 220 -10 WHEREAS, Gary Davis, Applicant, requests approval to construct an approximate 8,316- square -foot, single - family residence with a 1,623- square -foot attached garage on a vacant 4.1 -acre property located at 18605 Old Coach Drive, in Heritage Ranch Estates. The property is located in the Rural Residential A (RR -A) zone and is located within the Hillside /Ridgeline Review Area; and WHEREAS, on September 18, 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: All biological impacts associated with grading and vegetation management zones have been adequately addressed by and are consistent with the Environmental Impact Report (EIR) adopted by the City Council under Resolution No. P- 00 -59, pursuant to the California Environmental Quality Act (CEQA) and in conjunction with its approval of TTM 98 -02 (Heritage II Subdivision). Habitat preservation is in accordance with the Poway Subarea Habitat Conservation Plan (PSHCP), companion Implementing Agreement dated June 1996, and associated Mitigated Negative Declaration. The proposed construction of the residence is Categorically Exempt from the 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 on an existing legal parcel located in a residential zone. Section 2: The findings for Minor Development Review Application (MDRA) 12 -017, 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 proposed development complies with grading limitations, the Hillside Development policies of the General Plan, and the house is developed with a profile and color to reduce the visible impact from a distance. 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 properties within the City in that the proposed residence will be low- profile, and have earth -toned wall and roof materials to blend into the hillside as demonstrated by the visual analysis submitted for the project. The home is confined within the area identified for development with the approved Heritage II Subdivision. Therefore, the proposed project is consistent with the requirements of the subdivision (TTM 98 -02) and General Plan policies regarding hillside developments. Resolution No. P -12 -12 Page 2 C. The residence will not have an adverse health, safety or aesthetic impact upon adjoining properties in that the development is consistent with the surrounding single - family home development and the necessary private and public infrastructure improvements will be completed to serve the project. D. The proposed residence has been designed to comply with the Zoning Ordinance and General Plan. Section 3: The project site is within the Proposed Resource Planning Area (PRPA) 3 of the Mitigation Area of the PSHCP. The mitigation is consistent with and furthers the implementing objectives of the PSHCP. The developer of TTM 98 -02 has mitigated for the removal of Diegan Coastal Sage Scrub through the preservation of open space on individual parcels as noted on Final Map14388. A. Mitigation for vegetation impacts will be accomplished through onsite dedication of a Biological Conservation Easement (BCE) preserving onsite comparable Diegan Coastal Sage Scrub habitat of equal or greater value within the Mitigation Area of the PSHCP and within the boundaries of the parcel and TTM 98 -02. B. The preservation of onsite habitat within the Mitigation Area of the PSHCP will contribute toward meeting the objectives of the PSHCP. C. The mitigation will foster the incremental implementation of the PSHCP in an effective and efficient manner through the preservation of habitat within an identified Mitigation Area within the City and is contiguous with other dedicated open space lands. D. The mitigation will provide a long -term benefit to the covered species and their habitats in that the dedication of a BCE over undisturbed habitat will promote a meaningful addition to the assembly of a viable regional system of interconnected natural habitat resources, habitat linkages, buffers, and wildlife corridors. The BCE furthers the goals of the PSHCP. E. The mitigation will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the BCE is contiguous with other dedicated open space lands. F. The mitigation will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP in that the subject mitigation area will be placed in a recorded BCE, paid and maintained by the applicant. Therefore, such dedication will not result in a fiscal impact. Section 4: The findings, pursuant to Government Code Section 66020, for the public improvements for MDRA 12 -017 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. Resolution No. P -12 -12 Page 3 B. In accordance with the Poway General Plan, the project requires the payment of water, sewer, park, affordable housing, fire apparatus, 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 5: The City Council hereby approves MDRA 12 -017, a request to construct an approximate 8,316- square -foot, single - family residence with a 1,623- square -foot attached garage on a vacant 4.1 -acre property located at 18605 Old Coach Drive according to the approved plans on file, 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. 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. Prior to issuance of a Grading Permit or Administrative Clearing Permit, the applicant shall comply with the following: (Engineering) 1. 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. Resolution No. P -12 -12 Page 4 2. Submit a precise grading plan for the development 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 Department of Development Services 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 materials as required by Chapter 16.48 PMC shall be submitted. 3. 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. 4. 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 PMC. b. The 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. 5. Water Quality Control — Construction Storm Water Management Compliance It is anticipated that the project will require disturbance of greater than 1 acre. If this project disturbs an acre or more, 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). 6. 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. 7. 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 Resolution No. P -12 -12 Page 5 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. 8. 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. All appropriate fees shall be paid prior to permit issuance. 9. 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) 10. According to the biological resources analysis prepared by P &D Environmental, dated January 2000, for the entire subdivision TTM 98 -02, "Heritage II Estates Biological Technical Report", the development of Lot 10 (MDRA 12 -017) will impact Diegan Coastal Sage Scrub (DCSS) habitat. Mitigation of impacted habitat was resolved as part of the Final Environmental Impact Report, Sch. No. 98091083, through the preservation of Open Space Easements throughout the subdivision. To ensure the permanent preservation of the open space area identified on final map for TTM 98 -02 for Lot 10, a Biological Conservation Easement (BCE) shall be recorded. The BCE shall be approved by the City Attorney, and shall be notarized and recorded with the County of San Diego. The applicant shall be responsible for preparing a BCE legal plat map and description, submittal of this information to the City, and City easement plan check fees. Note: In compliance with the PSHCP, the City shall process a General Plan Amendment and Zone Change to change the land use and zoning designation of the BCE area to Open Space- Resource Management (OS -RM) to ensure its permanent preservation. 11. To avoid potential impacts to the California Gnatcatcher and CSS, in accordance with Condition H of the PSHCP 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 Resolution No. P -12 -12 Page 6 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. 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. 12. If grading or habitat clearing 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 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 Resolution No. P -12 -12 Page 7 City Engineer. This paragraph must be included as a note on the cover sheet of the clearing and /or grading plan. 13. If grading or habitat clearing 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. 14. At a minimum, all protected areas, as shown on the clearing, building site, and /or grading plans, shall be staked by a licensed surveyor, and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing or grubbing. A written certification from the engineer of work, or a licensed surveyor, shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 15. Landscape and irrigation plans shall be submitted prior to the issuance of a Grading Permit and approved prior to the issuance of the Building Permit. 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. 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. a. The plans for landscaping shall, at minimum, show irrigation, and sizes and species for Fire Fuel Management Zones and all manufactured slopes steeper than 5:1. 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. The landscape plan shall incorporate a plant palette within bio- retention /treatment facilities in accordance with the approved Water Quality Technical Report. d. 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. F. Resolution No. P -12 -12 Page 8 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 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. 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, the applicant shall submit the following: 4. 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, the applicant shall 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. 5. 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" meter) $5,448 b. Sewer (LOA 273) $2,349.20 i. Indirect Benefit $500 C. Fire Apparatus (1 EDU) $122.03 d. Traffic (Rural - Residential) $2,260 e. Park (Rural - Residential) $4,562 Resolution No. P -12 -12 Page 9 There is also a required fee to the San Diego County Water Authority in the amount of $6,922 for a 1" meter. (Planning) 6. 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. 7. 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. 8. An Affordable Housing In -Lieu Fee shall be paid to the Planning Division for the residence at the rate established at the time of Building Permit issuance. 9. 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. 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 building plans shall include a note that outdoor lighting on the lot and structures shall be shielded downward and away from adjacent open space and biological mitigation area as required by the Poway Subarea Habitat Conservation Plan. G. The applicant shall comply with the following requirements 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. Resolution No. P -12 -12 Page 10 5. A residential fire sprinkler system with a one -inch meter is required. A separate plan submittal to 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. There is a separate fee for this plan check and inspection service. 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 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. Dead -end access roadways in excess of 150 feet long shall be provided with approved provisions for turning around of Fire Department apparatus. Curves and topographical features could alter the requirements for turnarounds and the width of access roadways. 8. 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. 9. 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. 10. 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. 11. 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. 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. 12. The project shall comply with Section Six of the City of Poway Landscape and Irrigation Design Manual and Chapter 15.05 PMC as it relates to fuel management and defensible space. One hundred feet of fuel management consisting of 40 feet of Zone A and 60 feet of Zone B, is required. A minimum of 10 feet of vegetation fuel modification shall be maintained on Resolution No. P -12 -12 Page 11 both sides of the driveway. Zone B shall be 60 feet or to the open space boundary, whichever is less. Mitigation is required where 100 feet of fuel management cannot be achieved within the easterly parcel boundary. Mitigation shall include: • Expansion of Zone A from 40 feet to 60 feet. • No opening in rear south wall of the garage. • Two smaller windows shall be located in east wall of the garage. Both shall be located high on the wall and not capable of opening. Windows shall comply with ignition- resistant construction, Class 1, requirements. • An additional layer of 5/8" Type "X" gypsum board shall be added to the south and east facing exterior walls of the garage. H. Prior to issuance of the Certificate of Occupancy: 1. 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. Any extension of proposed or existing utilities required to serve the project shall be installed underground. 3. The drainage facilities, driveway and all utility services shall be installed and completed by the property owner, and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground. 4. An adequate drainage system shall be provided around the new building pad capable of handling and disposing all surface water to the satisfaction of the Engineering Inspector. 5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project. 6. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 7. All landscaping and irrigation shall be installed in accordance with approved landscape plans. Resolution No. P -12 -12 Page 12 8. No walls or fences shall be installed that may constrict wildlife movement through any open space corridors specifically created for the movement of wildlife as part of the mitigation for TTM 98 -02, except as approved by the City of Poway prior to installation. Section 6: The approval of Minor Development Review Application 12 -017 shall expire on September 18, 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. Section 7: 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. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 18th day of September 2012. ATTEST: a . Troyan, MMC, Cit 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 -12 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of September 2012, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Linda A. Troyan, MMC, City Clerk City of Poway