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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