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Res P-12-13 • RESOLUTION NO. P-12-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 10-025 APN: 314-840-02 WHEREAS, David Brooks, Applicant, requests approval to construct an approximate 3,412-square-foot, single-family residence with an attached 1,025-square- foot garage on Lot 2 of Tentative Tract Map (TTM) 89-09 (Williams Ranch), a 3.7-acre vacant property located on Del Poniente Road. The property is zoned Rural Residential A (RR-A) and is located within the Hillside/Ridgeline Review Area; and WHEREAS, on December 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: On November 20, 1990, under Resolution No. P-90-87A, the City Council adopted a Mitigated Negative Declaration (MND) pursuant to the California Environmental Quality Act (CEQA) in conjunction with its approval of TTM 89-09 (Williams Ranch). The MND analyzed and evaluated residential homes and associated improvements on pads located on all of the lots within Williams Ranch. The proposed project, a single-family residence is consistent with the scope of the TTM as described in the adopted MND in that the development would be situated in the location identified by the Map. Further, the removal of natural habitat is consistent with the approved Master Mitigation Agreement established for TTM 89-09, whose terms were established pursuant to the City of Poway's Subarea Habitat Conservation Plan (PSHCP) companion Implementing Agreement dated June, 1996, the associated MND, and in consultation with the Department of Fish and Game and the U. S. Fish and Wildlife Service. Therefore, pursuant to Section 15162 of the 2012 CEQA Guidelines, the project is consistent with the previously adopted MND and no subsequent environmental review is required. Section 2: The findings for MDRA 10-025, 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. The proposed development complies with grading limitations, the Hillside Development policies of the General Plan, and the house would be 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 Resolution No. P-12-13 Page 2 as demonstrated by the visual analysis submitted for the project. The home would be located in the most suitable location of the site and has been designed to minimize grading. Therefore, the proposed project is consistent with the requirements of the subdivision (TTM 89-09) and General Plan policies regarding hillside development. C. The residence will not have an adverse health, safety or aesthetic impact upon adjoining properties in that the proposed development is consistent with the development requirements associated with TTM 89-09, and the necessary private and public infrastructure improvements will be completed to serve the project. Section 3: Pursuant to the PSHCP, a biological survey was prepared for the property on September 24, 2012, by William T. Everett, a Certified Biological Consultant. The report evaluated the project relative to the Master Mitigation Agreement recorded on the property at the San Diego County Recorder's Office on August 26, 2003, for the Williams Ranch project (TTM 89-09). The Master Mitigation Agreement terms were established pursuant to the PSHCP companion Implementing Agreement dated June 1996, and in consultation with the Wildlife Agencies. The Master Mitigation Agreement, among others, allows for a total of two acres of habitat to be disturbed on each of the 10 lots of the Williams Ranch subdivision, including paved driveways. The proposed development would result in the following habitat impact and preservation: The property contains 3.41 acres of Chamise Chaparral habitat. The proposed project would disturb approximately 1.97 acres of habitat. Per the Master Mitigation Agreement, a Biological Conservation Easement (BCE) would be established over the remaining approximate 1.44 acres of Chamise Chaparral habitat. A. The proposed project site is inside the mitigation area of the PSHCP. The mitigation is consistent with and furthers the implementing objectives of the PSHCP, since mitigation will be provided in compliance with the approved Master Mitigation Agreement for the Williams Ranch project. B. The overall preservation of habitat within the Mitigation Area will contribute toward the building of the ultimate total mitigation area preserve system of the PSHCP since mitigation will be provided in compliance with the approved Master Mitigation Agreement for the Williams Ranch project. C. The mitigation will be to the long-term benefit of the covered species and their habitats, in that the recordation of a BCE over an area of undisturbed and unencumbered 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, since it will permanently preserve Resolution No. P-12-13 Page 3 approximately 1.44 acres of habitat onsite within a BCE, in compliance and furtherance of the approved Master Mitigation Agreement for the Williams Ranch project. D. The mitigation will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the habitat will be preserved onsite contiguous to other preserved habitat areas. E. The preserved habitat will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP as the subject mitigation lands will be dedicated to the City of Poway and placed within a permanent BCE. Section 4: The findings, pursuant to Government Code Section 66020, for the public improvements for MDRA 10-025 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. In accordance with the Poway General Plan, the project requires the payment of water, drainage, park, affordable housing, fire apparatus, and traffic 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. Section 5: The City Council hereby approves MDRA 10-025, a request to construct an approximate 3,412-square-foot, single-family residence with an attached 1,025- square-foot garage on Lot 2 of Tentative Tract Map 89-09 (Williams Ranch), a 3.7-acre vacant property located on Del Poniente Road, 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. Resolution No. P-12-13 Page 4 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. 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 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 technical studies, as required by Chapter 16 of the PMC, shall be submitted. 3. Water Quality Control — Drainage and Flood Damage Prevention A drainage study addressing the impacts of a 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. Resolution No. P-12-13 Page 5 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. 5. 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). 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 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 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 Engineering 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. The applicant shall mitigate the project impacts to natural habitat by establishment of a BCE in accordance with the Master Mitigation Plan Resolution No. P-12-13 Page 6 established for TTM 89-09 over the remaining, approximate 1.44-acres of onsite habitat outside of the approved development area. 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 the preparation of the BCE plat map and legal 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 area of the BCE to Open Space-Resource Management (OS-RM) to ensure its permanent preservation. 11. To avoid potential impacts to the California Gnatcatcher and Chamise Chaparral, 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 Chamise Chaparral 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 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 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 Chamise Chaparral habitat and Gnatcatcher Survey, and a report for the area to be cleared and/or graded and Chamise Chaparral 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 Chamise Chaparral 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. Resolution No. P-12-13 Page 7 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 Chamise Chaparral 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 Chamise Chaparral 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. There is no guarantee that grading will be allowed to resume. 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 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. Resolution No. P-12-13 Page 8 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. 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. Street trees will be required to be planted along the frontage of Del Poniente Road prior to final occupancy. The trees must be a minimum of 15 gallons and planted, on average, every 30 feet along the frontage. Irrigation must be installed at each tree location. The tree species and location shall be to the satisfaction of the Fire Marshal. 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. 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. Resolution No. P-12-13 Page 9 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, 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. Listed below are the current applicable fees and amounts: a. Water (1" meter) $5,448.00 b. Drainage (Pomerado Creek) $1,200.00 c. Fire Apparatus (1 EDU) $ 122.03 d. Traffic (Rural-Res) $2,260.00 e. Park (Rural-Res) $4,562.00 There is also a separate required fee to the San Diego County Water Authority in the amount of$6,922 for a 1" meter. (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 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-12-13 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 six 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. G. 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. 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 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. 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 Resolution No. P-12-13 Page 11 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 both sides of driveway. Mitigation is required where 100 feet of fuel management cannot be achieved within the northerly parcel boundary. 13. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester. Resolution No. P-12-13 Page 12 14. Installation of ground-mounted, free-standing solar photovoltaic systems shall have 10 feet of brush clearance. 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. 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. 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 public improvements caused by construction activity from this project. 6. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 7. 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) 8. All landscaping and irrigation shall be installed in accordance with approved landscape plans. Resolution No. P-12-13 Page 13 Section 6: The approval of Minor Development Review Application 10-025 shall expire on December 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 December 2012. miikA Don Higginson, ATTEST: 6A413-VL, j,LilL ■ Linda A. 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-12-13 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of December 2012, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE .,` inda A. Troyan, MMC, City Clerk City of Poway