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Item 1 - Second Reading and Adoption of Ord. 621 - ZOA 05-03 AGENDA REPORT SUMMARY G��Y OF POW,yy TO: Honorable Mayor and Members of the City Council �yF�„�•r-�•� �wo,,��� m rxE FROM: James L. Bowersox, City Manage� INITIATED BY: L. Diane Shea, City Clerk��� � DATE: July 5, 2005 SUBJECT: Ordinance No. 621 —Second Reading,Approving Zoning Ordinance Amendment 05- 03 amending Section 17.08.170 of the Poway Municipal Code Reducing the City's Maximum Road and Driveway Slope Requirements from 25%to 20%and amending Section 15.24.170, Fire Apparatus Access Roads—Specifications reducing the slope of fire access roadways from 25% to 20%. ABSTRACT On June 21, 2005, the City Council (a) introduced and had the first reading of Ordinance No. 621, entitled: "An Ordinance of the City of Poway, California, Approving Zoning Ordinance Amendment (ZOA)05-03 to Amend Section 17.08.170 of the Poway Municipal Code (PMCA 05-01) Reducing the City's Maximum Road and Driveway Slope requirements from 25% to 20% and an Amendment to Section 15.24.170, Fire Apparatus Access Roads—Specifications Reducing the Slope of Fire Access Roadways from 25% to 20°/a;" and (b) Environmental Assessment and General Plan Amendment (GPA) 05-03—A City Initiated General Plan Amendment to the Community Development Element of the General Plan regarding modifications to the maximum graded area standard. All Councilmembers were present at the first reading. No public testimony was received. However, a minor revision to the text was added to require City Council approval if grading changes to reduce the slope of the driveway exceeds the maximum allowable graded area by 20% or more. Staff recommends approval. ENVIRONMENTAL REVIEW This report is not subject to CEQA. FISCAL IMPACT None. PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Powav News Chieftain prior to the first reading of the Ordinance. RECOMMENDATION That the City Council (a) waive further reading and adopt Ordinance No. 621 (roll call vote), (b) approve the Environmental Assessment and adopt Planning Resolution approving General Plan Amendment 05-03. ACTION 1 of 10 July 5, 2005, Item #� CITY OF POWAY �,�� °F P°WqY AGENDA REPORT Ty , T� �� c�TY !N THE C�J� TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager��� INITIATED BY: L. Diane Shea, City Clerk Sherrie D. Worrell, Deputy City Clerk DATE: July 5, 2005 SUBJECT: Ordinance No. 621 — Second Reading, Approving Zoning Ordinance Amendment 05-03 amending Section 17.08.170 ofthe Poway Municipal Code Reducing the City's Maximum Road and Driveway Slope Requirements from 25%to 20%and amending Section 15.24.170, Fire Apparatus Access Roads —Specifications reducing the slope of fire access roadways from 25%to 20%. BACKGROUND On June 21, 2005, the City Council (a) introduced and had the first reading of Ordinance No. 621, entitled: "An Ordinance of the City of Poway, California, Approving Zoning Ordinance Amendment (ZOA) 05-03 to Amend Section 17.08.170 of the Poway Municipal Code (PMCA 05-01) Reducing the City's Maximum Road and Driveway Slope requirements from 25%to 20%and an Amendment to Section 15.24.170, Fire Apparatus Access Roads — Specifications Reducing the Slope of Fire Access Roadways from 25% to 20%;" and (b) Environmental Assessment and General Plan Amendment (GPA) 05-03 — A City Initiated General Plan Amendment to the Community Development Element of the General Plan regarding modifications to the maximum graded area standard. All Councilmembers were present at the first reading. No public testimonywas received. However, a minor revision to the text was added to require City Council approval if grading changes to reduce the slope of the driveway exceeds the maximum allowable graded area by 20% or more. Staff recommends approval. ENVIRONMENTAL REVIEW This report is not subject to CEQA. FISCAL IMPACT None. PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Powav News Chieftain prior to the first reading of the Ordinance. 2 of 10 July 5, 2005, Item #� Agenda Report July 5, 2005 Page 2 RECOMMENDATION That the City Council (a) waive further reading and adopt Ordinance No. 621 (roll call vote), (b) approve the Environmental Assessment and adopt Planning Resolution approving General Plan Amendment 05-03. Attachment: 1) Ordinance 621 2) Planning Resolution for GPA 05-03 3 of 10 July 5, 2005, Item #� ORDINANCE NO. 621 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT (ZOA) 05-03 TO AMEND SECTION 17.08.17 OF THE POWAY MUNICIPAL CODE (PMCA 05-01) REDUCING THE CITY'S MAXIMUM ROAD AND DRIVEWAY SLOPE REQUIREMENTS FROM 25% TO 20% AND AN AMENDMENT TO SECTION 15.24.170, FIRE APPARATUS ACCESS ROADS — SPECIFICAT�ONS REDUCING THE SLOPE OF FIRE ACCESS ROADWAYS FROM 25% TO 20%. WHEREAS, the City Council desires to amend the Poway Municipal Code to improve safety standards; and WHEREAS, the City Council finds that the proposed amendment would assist emergency medical, fire, and delivery vehicles in gaining safe and timely access to hilltop properties; and WHEREAS, the City Council finds that this amendment is consistent with the General Plan. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: The City Council has considered the Environmental Initial Study (EIS) and Negative Declaration (ND) for ZOA 05-03 and PMCA 05-01, and public comments received on the EIS and ND. The subject EIS and ND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment. The City Council hereby approves the Negative Declaration. Section 2: The following Section 17.08.170D of Title 17 of the Poway Municipal Code is amended to read as follows: D. Driveway Requirements. 1. Each building site shall have a minimum 20-foot-wide vehicular access to a street. 2. Driveway and other concrete or asphalt concrete areas available for parking shall not exceed 50% of the required front yard area. 3. Driveways serving one or two parcels in residential zones shall be constructed subject to the following standards: 4 of 10 ATTACHMENT 1 July 5, 2005 Item # � Ordinance No. 621 Page 2 Zones Max. Grade Break' Max. Min. SurFacing yy�dth Slope 0— 15% 15—25% RS-3 RS-4 14% RS-7 (minimum tangent ZO°/*** 6" P.C.C. 6" P.C.C. Min. 12 feet RC length — 10') Max. 30 feet RA RS-1 RS-2 RR-A 14% 2p%*** 2" A.C.'"` 6" P.C.C. Min. 12 feet RR-B Max. 30 feet RR-C * Vertical Curve (min. 50 feet long) can be utilized with approval of the City Engineer. '" For slopes between 1% and 10%, gravel may be used based upon the following specifications: a. The native soil must have a minimum R-value of 50 and minimum sand equivalency of 20. b. Scarify and compact the top 12" of subgrade to 95% relative compaction. Over subgrade, compact the specified amount of Class II base to 95%, based upon the following table: c. Drainage improvements and culverts must be installed to the satisfaction of the City Engineer. R-Value Inches of Base 50 6" 60 5" 68 4" 75 3" 80 and over None "* Slopes in excess of 20% may be approved for very limited distances where topographic or geologic constraints prohibit compliance with the standard. In no case shall road and driveway slopes exceed 25%. Modification of the slope standard is subject to the approval of the Fire Marshall and the Director of Development Services. 5 of 10 July 5, 2005, Item #� Ordinance No. 621 Page 3 Additional grading required to meet the 20% slope road and driveway standard shall not count against the maximum graded area permitted by the General Plan. To achieve a grading allowance, the applicant will be required to prepare two concept grading plans, one denoting the 25°/a or less driveway and the other a 20% or less driveway slope. The difference in the amount of graded area between the two concept grading plans would not be counted toward the maximum graded area. If the quantity of material graded to achieve the 20% slope exceeds the maximum allowable graded area for the lot by less than 20%, the Director of Development Services may approve the additional grading. If the quantity of material graded to achieve the 20% slope exceeds the maximum allowable graded area for the lot by 20% or more, approval by the City Council is required. In either case, the quantity of material that may exceed the maximum graded area is limited to only the quantity of material necessary to reduce the road or driveway slope from a maximum of 25% to 20%. Section 3: The following Section 15.24.170 of Title 15 of the Poway Municipal Code Fire apparatus access roads - Specifications are amended to read as follows: § 902.2.2.6 Grade. The gradient for a fire apparatus access roadway shall not exceed 20.0%. Grades exceeding 15.0°/a (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be the installation of fire sprinkler systems appropriate to the structures and uses served. The Chief may require additional mitigation measures where he deems appropriate. The angle of departure and angle of approach of a fire access roadway shall not exceed the maximum approved by the Chief. Section 4: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of this passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. 6 of 10 July 5, 2005, Item #� Ordinance No. 621 Page 4 Introduced and first read at a regular meeting of the City Council of the City of Poway held this 21st day of June 2005, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 5th day of July 2005, by the following roll call vote. AYES: NOES: ABSENT: DISQUALIFIED: Michael P. Cafagna, Mayor ATTEST: L. Diane Shea, City Clerk 7 of 10 � July 5, 2005, Item #� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA AMENDING THE COMMUNITY DEVELOPMENT ELEMENT OF THE GENERAL PLAN OF THE CITY OF POWAY GENERAL PIAN AMENDMENT (GPA) 05-03 WHEREAS, the City Council of the City of Poway recognizes that the need may arise to amend the City's General Plan; and WHEREAS, Section 65350, et seq., of the California Government Code describes the procedures for amending General Plans; and WHEREAS, on May 10, 2005,the City of Poway initiated General Plan Amendment 05-03, which involves excluding from consideration additional graded material required to reduce road and driveway slopes from 25% to 20% from the maximum graded area permitted by the General Plan, and the ability for the City to approve grading in excess of the maximum graded area allowed when necessary to meet the 20% road and driveway slope criteria; and WHEREAS, the City Council finds that the proposed General Plan Amendment would assist property owners in meeting the City's 20% slope and driveway criteria without compromising their maximum permitted graded area; and WHEREAS, on June 21, 2005, the City of Poway held a properly noticed public hearing in accordance with the California Government Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: An Environmental Initial Study was completed based on the request to amend the Poway General Plan to modify the criteria that regulates the maximum amount of graded area permitted per lot and amendments to the Poway Municipal Code reducing road and driveway slopes from 25% to 20%. Through the initial study it was determined that the project would not result in any significant environmental impacts. The approval of a Negative Declaration is recommended. Section 2: The City Council hereby approves General Plan Amendment 05-03, amending the Community Development Element(Goal 1, Policy C—Site Design, Strategy 19)of the City of Poway General Plan to read as follows: 19. The maximum allowable area of the lot that may be graded for driveway, residence and accessory functions is determined by the degree of average natural slope as follows: Slope Graded Area 0 - 14.9 Entire lot 8 of 10 ATTACHMENT 2 July 5, 2005 Item # � Resolution No. Page 2 15 - 19.9 50% or 35,000 sq. ft. whichever is greater 20 - 24.9 20% or 25,000 sq. ft. whichever is greater 25 - 44.9 10% or 20,000 sq. ft. whichever is greater 45+ " No grading or development permitted and no developable acreage credit given ' Sensitive biological or other environmental constraints may require the application of stricter standards. " Exemptions apply to the High Valley area for slopes in excess of 45 percent for determining parcel size. (Amended per GPA 93-02C) "' Additional grading required to meet the 20% slope road and driveway standard shall not count against the maximum graded area permitted by the above slope/graded area table. To achieve a grading allowance, the applicant will be required to prepare two concept grading plans, one denoting the 25% or less driveway and the other a 20% or less driveway slope. The difference in the amount of graded area between the two concept grading plans would not be counted toward the maximum graded area. If the quantity of material graded to achieve the 20%slope exceeds the maximum allowable graded area for the lot by less than 20%, the Director of Development Services may approve the additional grading. If the quantity of material graded to achieve the 20% slope exceeds the maximum allowable graded area for the lot by 20% or more, approval by the City Council is required. In either case, the quantity of material that may exceed the maximum graded area is limited to only the quantity of material necessaryto reduce the road or driveway slope from a maximum of 25% to 20%. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 5th day of July 2005. Michael P. Cafagna, Mayor ATTEST: L. Diane Shea, City Clerk 9 of 10 July 5, 2005, Item #� Resolution No. Page 3 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. , was duly adopted by the City Council at a meeting of said City Council held on the 5th day of July 2005, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: L. Diane Shea, City Clerk City of Poway 10 of 10 July 5, 2005, Item #�