Res P-99-86RESOLUTION NO. P- 99-86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-16 AND HILLSlDE/RIDGELINE
MINOR DEVELOPMENT REVIEW 99-107
ASSESSOR'S PARCEL NUMBER 321-031-30
WHEREAS, Hillside/Ridgeline Minor Development Review 99-107, submitted by Tim
Connole, applicant, requests approval to construct a 5,079 square-foot, multi-level
resid vacant property located at the eastedy 1' ~ Orchard View Lane (Lot
4 of parcel Map 17914) within the High Valley Rural Residential B zone. The applicant is
also requesting a variance to allow a portion of a single retaining wall to be 15 feet high
and a paired set of retaining walls to be 7 feet high and 7.5 feet high when the
height allowed in the zone is 6 feet; and
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must b that complies with Section 66020;
and
WHEREAS, on December 14, 1999, the City Council held a hearing to solicit
from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
The project is found to be Categorically Exempt, Class 3 and 5, under the p ' ' :the
California E Quality Act in that it is the development of a residence and a
minor alteration to land use limitations.
Variance 99-16
The project ' l with the General Plan in that it involves the
of a single-family resid ,lich is designated for residential use.
That there are special applicable to the property, and because of
this, the strict application of the Zoning Ordinance deprives the property of privileges
enjoyed by other properties in the vicinity under identical zoning classification.
Resolution No. P- 99-86
Page 2
The special include the fact that the property is physically
constrained because of steep topography which requires the use of over height
retaining walls to site the residence and comply with General PI graded
area requirements. Development of the property is also constrained due to
~ere the septic field can be located.
That granting th :lification ' 'y for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zoning for which th is sought.
That granting th Jification will not be materially detrimental to the
public health, safety, or well ' ' to the property or imp ~
vicinity and zone in which the property is located in that other properties within the
area have been developed with single-family homes and the retaining walls will be
screened by landscaping.
That the granting of th' does not constitute a special privileg
with the I ;)on other properties in the vicinity and zone in that the use of the
over-height retaining walls will allow single-family development which will be
consistent with other residences in the area.
That the granting of this variance does not allow the use or activity which is not
otb 3ressly authorized by zoning development regulations governing the
parcel or property in that a single-family residence is a permitted use in the RR-B
High Valley zone.
That the approved project will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties in that the retaining walls are
required to I~ :1 with landscaping.
That the approved project encourages the orderly and h
st :1 property within the City in that the use of the over-height retaining
walls will allow single-family development that' l with other residences
in the area and the retaining walls are required to I~:1 by landscaping.
MDRA 99-107
That the approved project' l with the General Plan in that it proposes the
construction of a single-family residence on property that is designated for rural
residential use.
Resolution No. P- 99 - 86
Page 3
That the approved project will not have an adverse aesthetic, health, safety or
architecturally related impact upon adjoining properties in that the residence has
been designed to comply with City development and zoning requirements. The
project is also required to obtain the necessary grading and building permits prior
to development.
That the approved development is in compliance with the Zoning and Grading
Ordinance in that it complies with the property development standards of the RR-B
High Valley zone.
That the approved development encourages the orderly and h
appearance of and property within the City in that the surrounding
properties consist of large rural residential lots with widely spaced hillside
homesites.
The City Council hereby approves Variance 99-16 and Minor Development Review 99-107
subject to the following conditions:
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES.
A) Compliance with the following condil' ~luired prior ~ I the
grading permit:
Revised site plans and building incorporating all conditions of
approval shall be submitted to the Development Services Department prior
I grading and building permits.
In accordance with Poway General Plan Hillside Development strategies, the
I of grading on the site shall not exceed 35,000 square feet
in area.
The project will impact coastal sage scrub through brush management
requirements and possibly with water line improvements. The required
mitig ~lacement ratio for the brush management impacts to onsite
habitat is 2:1. If it is determined that the project water line imp I
impact natural habitat, a biological ~all be completed and
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Resolution No. P-99-86
Page 4
mitigation of said water line improvement impacts shall I: Jance with
the Poway Habitat Plan. Grading or brush clearing in habitat areas shall not
occur during the period of February 15 through August 15, which is the
nesting season for the California gnatcatcher.
In accordance with the City of Poway Landscape Guidelines, the applicant
shall submit a brush management plan 1' :1 approval by the Safety
S :1 Development Services Departments.
A grading plan for the development of the lot shall be submitted to the
Development Services Department, Engineering Division, for review and
approval. As a ' ' the grading plan shall show the following:
All new slopes with a 2:1 (horizontal to vertical) slope.
Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
A separate erosion control plan for prevention of sediment runoff
during
All utilities, proposed and existing, together with their appurtenances
and associated Encroachments are not permitted upon
any easement without an approved encroachment agreement/permit.
Tops and toes of graded slopes shall be shown with a minimum five foot
setback from open space areas and property lines. Buildings shall be
located at least five feet from tops and toes of slop :1 by the
Planning Division and/or Engineering Division prior 1 ~ a grading
permit.
:~gation report shall be submitted with the grading plan.
A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. ^ drainage system capable of handling and
disposing all surf :hin the project, and flowing onto the property,
will be required. Concentrated flow over the driveways greater than three
(3) cubic feet per second will not be permitted.
The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
Grading the form of a performance bond and a cash deposit or
a letter of credit shall be posted.
B)
C)
Resolution No. P- 99-86
Page 5
10.
The applicant shall prepare a Storm Water Pollution Prevention Plan
(SWPPP) that effectively addresses the elimination of runoff into
the storm drain system. The SWPPP shall include, but not be limited to, an
effective method of hillside erosion and sediment control; to
protect from being exposed I =1:; protection
of all storm drain inlets; truck wash and waste control; and
otb : Best Management Practices to effectively eliminate pollutants
from entering the storm drain system. The plan shall be submitted and
approved by the City.
11.
The design of the over-height retaining walls shall be such that they can be
effectively planted and allow the landscaping to completely screen the walls
within a two-year period.
Compliance with the following is required during the grading and
construction:
12.
The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. Grading of lots shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the approved
soils report, and grading I; 3table to the City.
13.
E lall be provided for all operations. The work shall
be in accordance with th plan and other additional
as required by the inspector. The developer shall I
devices throughout their intended life.
14.
Prior to start of any work within City-held '3hts-of-way, a right-
of-way permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
Compliance with the following condil'
building permit:
~uired prior I F the
15.
The applicant shall provide to the City an executed copy of a Road
for Golden Sunset Lane and
Orchard View Lane.
16.
Rough grading of the lots is to be completed and meet the approval of the
City inspector and shall include submittal of the following:
Resolution No. P- 99-86
Page 6
A certification of line and grade for each lot, prepared by the engineer
of work.
A final soils compaction report for each lot 1' -I approval by
the City.
17.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
18. Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500.
19.
Provide proof to the Planning Division of payment of school fees to the
Poway Unified School District.
20. The following development fees shall be paid. These fees lly in
effect and are subject to change without notice:
Water
Cost SDC Service
3/4-inch $130 $3,710 $1,871 $1,350
'1 -inch $270 $6,678 $2,994 $1,430
* If required for fire safety.
**Applicable only to water meter for d
Park
= $ 990
= $2,720
= $1,570
21.
A leach field layout for the residential sewage disposal system shall be
submitted to the Engineering Division for review and approval. A seetic
permit from the San Diego County Health Department is required. If a septic
sy lation permit was obtained without a City approved layout, one
shall be submitted prior to installation of the leach lines.
fa Certificate of
D) Compliance with the following is required prior
Occupancy for the new house:
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
Resolution No. P-99-86
Page 7
Driveways, drainage facilities, slope landscaping and protection
utilities, water and sewer mains (including extensions and re-alignments)
shall be :t, completed, and inspected by the Engineering
Inspector.
All manufactured slopes greater than a 5:1 slope shall be planted and
irrigated.
The driveways and other site improvements shall be completed and
inspected by the Engineering Inspector.
Prior 1 : Certificate of Occupancy, the developer shall repair the
existing private roads between Espola Road and the project site, due to
dama§ t of construction, to th :the City Engineer.
An as-built record drawing shall be submitted to the Engineering Division for
:1 approval.
All existing and new utilities within the project shall be placed underground.
The subdivider shall be responsible for the " and undergrounding
of existing public utilities less than 34.5 kV, unless specifically waived by the
Director of Development Services.
Existing public utility lines and appurtenances shall be shown on the
grading/improvement plans.
Fire hydrants shall be installed at locations to be determined by the Fire
Marshal. A water system analysis shall be required to establish the
adequacy of the existing water mains, and any necessary water main
extension to serve the project, or to establish the proper size and location
of the new public water system. The cost of the analysis shall be paid by
the applicantJsubdivider pdor to submittal of improvement plans. Installation
of fire hydrants shall be completed at a time designated by the Fire Marshal.
Plan check and insl; wall be paid by the applicant.
Improvement plans for the water lines shall be prepared on standard sheets
of mylar by a registered civil engineer and submitted for approval to the
Director of Development Services. Plan check and inspection fees shall be
paid by the developer.
Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per section
1§.52.130B of the grading ordinance. Record drawings shall be submitted
Resolution No. P- 99-86
Page 8
to allow the City adequate time 1' :1 approval prior to
occupancy and release of grading securities.
E) Miscellaneous Requirements:
32.
Low volume plumbing fixtures and iow water usage irrigation shall be
installed within th ':lence and its surrounding landscaping.
33. Future grading of this hillside lot shall be prohibited.
34.
This approval shall become null and void if building I~ not issued
for this project within two years from the date of project approval.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
35.
Roof covering shall meet Class A fire-retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance #64.
36.
Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background. The address
will be required at all private driveway entrances.
37.
Each chimney used'
a spark arrester.
~.h any fireplace shall
:1 with
38.
Every building hereafl ,I shall be accessible to Fire Department
apparatus by way of :lways with all-weather driving surface of not
less than 16 feet of unobstructed width with an adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus and having
a minimum of 13'6" of vertical The road surface type shall be
approved by the City Engineer pursuant to the City of Poway Municipal
Code.
39. Dead-end :lway = 150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
-- Resolution No. P-99~86
Page 9
Lenath Width Turnar¢
*0'- 150' 20'
* 150'-500' 20'
None Required
70' Diameter Cul-de-sac
70' Hammerhead
*Curves and topographical conditions could alter the requirements for
turnarounds and the width of .cs.
40.
The access roadway shall be extended to within 150' of all portions of the
exterior walls of the first story of any building. Where the access roadway
cannot be provided, approved fire p ./stem(s) shall be provided as
required and approved by the Fire Chief.
41.
Provide a K :y lock and or box to be located on building, required
by the Fire Department.
42.
A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (If a one-inch lateral off the street main is currently not present,
one will have to be installed).
43.
Contact the Fire Prevention Bureau 1'
and location of Fire Department
locating the water tank
prior to installation.
APPROVED AND ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of December 1999.
ATTEST:
I-o~i Anne Peoples, City Clerk
Michael P. Cafagn~.~
-- Resolution No. P- 99-86
Page 10
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P- 99-86 was duly adopted by the City
Council at a meeting of said City Council held on the 14th day of December 1999, and that
it was so adopted by the following vote:
AYES: GOLDBY, REXFORB, 6AFAGNA
NOES: ENERY
ABSTAIN: NONE
ABSENT:
HIGGINSON
(~ii A~ n e~Peo ples,~C~
City of Poway