04-16-2013 - Request for council action

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950 Willow View Dr/Permit 2012-00424 16 April 2013 Page 2 of 2 The applicant provided more detailed calculations regarding the amount of disturbance resulting from the project and it was under 50 cubic yards. From the City's perspective although their project will only disturb 42 cubic yards and does not trigger establishment of a buffer the Code requires delineation of the edge of the wetland for setback measurement purposes. This measurement assures that new structures are not built too close to the wetland resulting in a future nonconformity. Just prior to the final permit approval staff became aware of a patio and a small fire pit which were not shown on the survey; based on the Arrowhead delineation exhibits the fire pit and seating area is potentially located within the defined area that would be a future buffer. In an effort to not further delay permit issuance staff indicated to the homeowners that both items should be included in the as-built survey. Additionally, the Arrowhead wetland delineation should be approved by the MCWD and shown on the as-built survey once the project is completed. Absent the above information, it is unclear whether the fire pit is located within the drainage and utility easement or within the wetland delineation boundary or buffer area for the wetland. To expedite matters, Staff placed a condition upon the permit stating if the fire pit was found to be located within the delineated wetland boundary it would need to be removed or relocated prior to the release of the escrow. If the as-built survey showed the fire pit located only within the drainage and utility easement, the property owners would need to obtain an easement encroachment permit with the City prior to release of the escrow. The Kanives have paid their permit fees but they are contesting the conditions placed upon the permit and therefore have not obtained the permit. Staff Recommendation The Kanives' request indicates that they would like the City to issue the permit for the sport court without the conditions 1) regarding MCWD approval of the updated wetland delineation; 2) placement of the updated wetland delineation on the as-built survey; 3) placement of the constructed patio and fire pit areas on the as- built survey; and 4)that the fire pit be relocated should it be shown to be located within the 16.5 foot buffer from the updated wetland boundary. COUNCIL ACTION REQUESTED The City Council should review the information and direct staff and the applicant on how to proceed.