Res P-00-04RESOLUTION NO. P- 00-04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-21
AND HILLSlDE/RIDGELINE MINOR DEVELOPMENT REVIEW 99-174
ASSESSOR'S PARCEL NUMBER 321-250~10
WHEREAS, Variance 99-21 and Hillside/Ridgeline Minor Development Review
(MDRA) 99-174, submitted by David Alstrand, applicant, for the purpose of ~
a 2,801 square foot, two story, split level resiC vacant one acre property located
at 14701 Twin Peaks Road. The applicant is also requesting 3proval to allow
the residence 1 3 10 feet into the required 20 foot street side yard setback. The
subject property is zoned Rural Residential A.
WHEREAS, pursuant to G : 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 I: that complies with Section 66020.
WHEREAS, on January 4, 2000, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council hereby finds that the project is Categorically Exempt
(Class 3 and 5) from the California E Quality Act in that it is the
construction of a single family home and a minor alteration to land use
limitations.
The City Council hereby finds that in accordance with the Poway Habitat
Conservation Plan the required findings for approval of the proposed
mitigation for the removal of coastal sage scrub are as follows:
The mitigation is consistent with and furthers the implementing
objectives of the Poway Habitat Conservation Plan in that the
developer is required to mitigate removed habitat at a 2:1 ratio
through the on-site or off-site dedication of undisturbed and
unencumbered coastal sage habitat and/or payment of a mitigation in-
lieu fee at the established rate prior to the ' ~ a grading or
clearing permit.
C=
Resolution No. P-00-04
Page 2
The mitigation habitat shall be located in the Mitigation Area to
enhance the long-term viability and function of the preserve system
in that any proposed ~ Iion area is required
to be connected and contiguous to the natural habitat on adjacent
properties.
The mitigation will be to the long-term benefit of the Covered Species
and their habitats in that the dedication of a conservation easement
over undisturbed and connected coastal sage habitat will promote a
meaningful addition to the assembly of a viable regional system of
:1 natural habitat habitat linkages, buffers
and wildlife corridors.
The mitigation shall foster the ' ~ implementation of the
Poway Habitat C PI ~ective and efficient manner
in that any proposed ~ ;I lion area is required
to I; :1 to the natural habitat on the adjacent properties.
The mitigation will not result in a negative fiscal impact with regard to
the implementation of the Poway Habitat Conservation
Plan.
Variance 99-21
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 with the
identical zoning classification.
The special :le the fact that the long narrow property has
steep topography and it is heavily encumbered by read easements which
limit where the residence can be sited to observe the required 20 foot street
side yard setbacks.
That granting of the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed by
other property in the same vicinity and land use designation for which the
variance is being sought in that it will allow the property to be developed to
the same level as other lots within the vicinity that do not have similar
development
Resolution No. P- 00-04
Page 3
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welfare, ' ' to the property
or imp ~ vicinity and zone in which the property is located in
that even with th ~ment into 20 foot street side yard setback, the
residence will observe a 10 foot setback which should be adequate
separation from the private road.
That the granting of this variance does not constitute a special privilege
l with the I pon other properties in the vicinity and zone
in that th I allow the property to be developed to the same level
as other lots within the vicinity that do not have similar development
constraints.
That the granting of th' does not allow th :y which is
not otb 3ressly authorized by the Poway Municipal Code in that a
single family residence is allowed in the Rural Residential A zone.
,Jew 99-174
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties because the roof and
the exterior building colors of the resid :luired to be muted earth
tones so that the residence will blend better with the surrounding natural
l.
2. The development encourages the orderly and h appearance of
:1 property within the City through it ! with the high
standards for residential development throughout the City.
The City Council hereby approves Variance 99-21 and Minor Development Review
99-174 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.
-- Resolution No. P-00-04
Page 4
Variance 99-21
Building permits shall be issued within two years of the approval of Vadance
99-21 orthe approval shall b I and void.
Th 3proval shall apply to the request for the residence (including
any porch area) to observe a 10 foot street side yard setback along the
westedy property line.
Minor
Ae
Site shall be developed in accordance with the approved site plans on file in
the Planning Division and the condil' :1 herein.
A grading plan for the development of the property shall be submitted to the
City's Development Services Department for review and approval prior to
~ a grading permit and start of grading operation if the operation
req than 50 cubic yards of grading or the cut is more than 2 feet
and the fill is more than 1 foot. If the grading 'thwork
of less than 50 cubic yards, a grading permit is not required. If no grading is
required, a certification from a State Registered Civil Engineer indicating the
amount of earthwork involved shall be furnished to the City's Development
Services Department and a $500 inspection fee shall be paid prior to building
permit issuance.
Low volume plumbing fixtures and Iow water usage irrigation shall be
installed within th '-lence and the surrounding landscaping.
Future grading of the hillside portions of the subject lot shall be prohibited
unless approved by the City Council.
Compliance with the following condil'
grading permit:
:luired prior t r the
The project will result in the removal of coastal sage scrub. The developer
has agreed to comply with the requirements of the Poway Habitat Plan. In
accordance with the Poway Habitat Plan, the developer shall mitigate any
removed coastal sage scrub at a 2:1 replacement ratio. The mitigation can
be accomplished in the form of Y-site dedication of a biological
conservation easement of in-kind habitat, or the developer may pay a
10.
11.
12.
13.
14.
Resolution No. P- 00-04
Page 5
mitigation in-lieu fee at the rate established at the time of grading permit
issuance. The mitigation requirement shall be completed prior t
of a grading or clearing permit.
In accordance with the Poway Habitat Plan, any ' :igation of natural
habitat shall be contiguous and/or connected with the expanse of natural
habitat surrounding the subject property.
Any natural habitat within th
as mitigation credit '
road development.
31y th
-1 easements shall not be counted
ultimately be lost to
Prior to the start of the grading or clearing activity, stakes and tape shall be
installed around the area dedicated for on-site biological mitigation to clearly
identify the areas that are to be preserved.
The applicant shall submit a brush management plan to the Planning
Division and the Safety Services Department 1' :1 approval prior
to grading permit issuance.
The proposed location of the required water tank for fire fighting shall be
reviewed and approved by the Planning Division prior to installation. The
color of the tank shall be earth tone and shall blend with the surrounding
natural Landscaping shall be installed around the tank to
screen it from view f :ling property.
The average height of the residence shall not exceed 35 feet.
This approval shall b .I and void if building p not issued
for this project within two years from the date of project approval.
Upon completion of the required widening of Twin Peaks Road to 20 feet, the
developer shall satisfactorily relocate the existing wooden fence along the
frontage of the property located at 14621 Twin Peaks Road so that the fence
is clear of the road improvements.
The existing mature pine tree located at the easterly edge of the private
driveway entrance to the property located at 14621 Twin Peaks Road shall
be preserved, if necessary, a retaining wall shall be incorporated into the
design of the road imp the tree to insure preservation of the
tree.
15.
16.
17.
18.
19.
20.
21.
Resolution No. P- 00-04
Page 6
Any damage caused by work I with this project, including damage
to the private road, driveways or property, shall be repaired and the property
restored to its original condition.
A detailed slope revegetation and irrigation plan shall be submitted to and
approved by the Planning Division prior to the ' : grading permits.
The applicant shall utilize effective landscaping techniques (i.e., the
installation of jute netting) to insure th revegetation of disturbed
slope areas. The applicant shall consider stockpiling the removed topsoil
and coastal sage scrub (mulched) for use in revegetating the graded and
disturbed areas on the property. All landscaped areas shall be maintained
in a healthy and thriving condition, free from weeds, trash and debris.
The grading plan shall show the driveway/access to the property, with the
slope grade and elevation of the proposed driveway. The driveway shall
comply with the sp provided in Section 17.08.170D of the Poway
Municipal Code. In addition, the grading plan must also show th ' '
structural section of the driveway. There shall be a minimum of a five (5)
foot setback from the toe/top of the slopes to the new house, and the
associated imp The grading plan shall includ
plan prepared by the engineer of record. The plan shall be drawn on a City
of Poway standard 3mm, 24"x36" mylar drawing, preferably 1" = 20' scale or
larger.
soils investigation 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. A drainage system capable of handling and
disposing all sud' :hin the project, and flowing onto the property,
shall be required. Concentrated flow over the driveway greater than three
(3) cubic feet per second will not be acceptable.
All applicable engineering permits, plan check and inspection fees shall be
paid. Grading ' the form of a performance bond or a cash deposit
shall be posted prior t I a grading permit.
To insure compliance with the Clean Water Act, applicant shall prepare a
to prevent run-off
into the storm system. The plan shall include, among other things, Best
Management Practices to effectively eliminate pollutants from entering the
channel or other storm drain system. The applicant shall certify the Storm
Water Pollution Prevention Plan prior to the approval of the grading plan. The
-- Resolution No. P- 00-04
Page 7
Storm Water Pollution Prevention Plan may be incorporated with the Erosion
Control Plan but shall be under a se[: from the grading plan.
B. Compliance with the following is required during the grading construction:
22.
Grading of the property shall be performed in accordance with the Uniform
Building Code, City of Poway Grading Ordinance, the approved grading plan,
the soils report, and accepted grading practices.
23.
E lall be provided for all operations. The work shall
be in accordance with the erosion control plan and/or other additional
as required by the inspector. The developer shall maintain all
lrol devices throughout their intended life.
Compliance with the following conditions is required prior
building permit:
the
24.
Revised site plans and building incorporating all conditions of
approval shall be submitted to the Planning Division prior to issuance of
building permits. The ex1 "the residence and garage shall be in
muted earth tones. If the developer chooses for portions of the exterior to
be yellow, the yellow color shall have brown or beige tones for better
blending with the surrounding natural l. A sample of the
proposed colors shall be submitted to the Planning Division 1'
approval prior to building permit issuance.
25.
The applicant shall pay all applicable school fees to the Poway Unified
School District. Evidence of payment of fees shall be provided to the
Planning Division prior to building permit issuance.
26.
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.
27.
The developer shall pay an Affordable Housing In-Lieu Fee in the amount of
$3,301 (based on a 2,801 square foot residence).
28.
Approval of this request shall not 31iance with all sections of the
zoning ordinance and all other applicable City ord fect at the time
of building permit issuance.
Resolution No. P-00-04
Page 8
29.
Rough grading of the site must be completed and shall meet the City
Inspector's approval.
30.
A certification of line and grade, prepared by the engineer of record, shall be
submitted.
31. A final soil compaction report shall be submitted and approved.
32.
The following development fees shall be paid to the Land Development
Division prior to building permit issuance. These I Ily in effect
and are subject to change.
Water:
Meter Size Cost SDCWA Fee** Se~ice
3/4-inch $130 $3,710 $1,585 $1,350
*l-inch $270 $6,678 $2,536 $1,430
If required for fire safety ( 3/4" Meter fees for Expansion & SDCWA will be
applicable).
(To be Paid by a separate check, payable to San Diego County Water
Authority )
Sewer C 2,356
Cleanoul 50
Ins[: 25
Traffic Mitigat' 990
Park 2,720
Drainag 1,570
Compliance with the following is required prior t
Occupancy for the new house:
Certificate of
33.
To address heavy equipment damage to the private road, the developer shall
repair any potholes or significant ting from the development
of the private portion of Twin Peaks Road from the westerly boundary of
APN 321-250-42 to the subject property prior to final occupancy of the
subject residence. The repairs shall be completed to the satisfaction of the
City Engineer.
34.
All created or cleared slopes of 5:1 or greater shall be landscaped and
irrigated prior to final occupancy.
Resolution No. P- 00-04
Page 9
35.
36.
37.
Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per section
16.52.130, Note B, of the grading ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior 1 I occupancy and release of grading securities.
All proposed and existing utilities within the project site shall be installed
underground.
All utilities (proposed and existing), together with the appurl J the
associated ~all be called out on the grading plan. Location of
the utility boxes must be clearly identified, in coordination with the utility
company for approval by the City prior to any installation work. No
encroach permitted upon any of th ls prior to obtaining
an approved encroachment permit.
38.
New utility 'facilities shall be per the req : the serving
utility company and the Director of the Development Services Department.
39.
Twin Peaks Road, bet~ ' 31 -1 the driveway access to
14637 Twin Peaks Road, shall be improved and completed to Poway
Municipal Code, Section 12.20.120, and Ordinance No. 280, Standards for
Non-dedicated Rural Streets. This street is a "local road" serving 10 parcels
or fewer. Additionally, the driveway extension between the driveway access
to 14637 Twin Peaks Road eastedy to the Alstrand parcel shall be improved
to be 16' wide with grade of 25%. If the driveway deviates from
the recorded easement, the applicant shall d to the City that he
has obtained the required easements.
Plans for the construction of these improvements shall be submitted,
reviewed, and approved by the Engineering Division.
Miscellaneous Requirements
40.
A barrier or gate shall be installed on the access driveway on the Alstrand
property, clear of th :, to prevent unauthorized ~ of the
^lstrand lots. This barrier or gate shall be installed immediately upon
completion of the driveway ~
41.
A right-of-way permit shall be obtained from the Engineering Division of the
Development Services Department for any work within the public right-of-
way. The permit shall be obtained prior to start of work and all applicable
permit fees shall be paid prior to permit issuance.
-- Resolution No. P- 00-04
Page 10
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY
SERVICES.
Si ent
42.
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 No. 64.
43.
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. Address shall
be required at private driveway entrances.
44.
Each chimney used'
a spark arrester.
:h any fireplace shall b
:1 with
45.
Every building hereafl J shall be accessible to Fire Department
apparatus by way of Jways with all-weather driving surface of not
less than 16 feet of unobstructed width, with 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.
46.
Dead end :lway, ' ' 150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
LENGTH WIDTH
*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.
Resolution No. P- 00-04
Page 11
47.
This dwelling is being built on a parcel size of 1 acre and is beyond 500 feet
from the nearest fire hydrant. The dwelling will have to have
standby water for fireflghting and a residential sprinkler system. Contact the
Fire Prevention Bureau for details.
48.
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 offthe street main is currently not present,
one will have to be installed.)
49.
Applicant shall submit a plan reflecting mitigation of adjacent
wildlife I l with City landscape plan requirements.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 4th day of January 2000.
Michael P. Cafagna, Mayot )~
ATTEST:
Peoples, City Clerk'
Resolution No. P- 00-04
Page 12
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P- 00- 04 duly adopted by the
City Council at a meeting of said City Council held on the 4th day of January, 2000, and
that it was so adopted by the following vote:
AYES: HIGGINSON, GOLDBY,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, REXFORD, CAFAGNA
Peoples, Cty Clerk
City of Poway