Res P-01-61RESOLUTION NO. P-01-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 01-01 AND MINOR DEVELOPMENT REVIEW 01-08
ASSESSOR'S PARCEL NUMBER 323-010-16
WHEREAS, Variance 01-01 and Minor Development Review Application 01-08,
submitted by Ernest and Sandy Jensen, applicants, request to construct a 2,680-square-
foot, two-story, single-family residence and an 812-square-foot, attached garage on the
1.33-acre property located at 13814 Belvedere Drive within the Rural Residential C Zone.
The applicanl questing a Variance to allow the residence to observe a 25-foot
front yard setback when a 40-foot front yard setback is required and a Variance to allow a
series of three retaining wall when two retaining walls are th lowed; and
WHEREAS, on November 27, 2001, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application,
and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that Minor Development Review Permit 01-08 is
Categorically Exempt from the California E Iai Quality Act, pursuant to Section
15303(a) of CEQA, Class 3, in that project involves the of a single-family
residence. The City Council finds Variance 01-01 is exempt from the California
E Iai Quality Act pursuant to Sec 15061(b)3 of CEQA, "General Rule," in that the
V quest for a front yard setback reduction for the house and the construction of a
series of th ' ' ;I walls does not have a potential for causing a significant effect on
th !, in that although this project is located lh an approximately 32
percent average slope, the Variance would reduce land alteration and impacts to the
Coastal Sage Scrub habitat in accordance with the Poway's Subarea Habitat C
Plan.
Section 2: The findings, in accordance with Section 17.50.070 of the Poway Municipal
Code to approve Variance 01-01, to reduce the front yard setback from 40 feet to 25 feet
for the residence and to construct a series of three keystone-type retaining walls on each
side of the house when a : two walls are allowed, in the Rural Residential C
zone, as shown on the site plan dated September 28, 2001 are made as follows:
The property : a conl' ~e that descends in a southerly direction
away from the street. The slope becomes steeper as it is moves away from the
street. The average slope of the property is approximately 32 percent.
Approximately 1 percent or 4,100 square feet of the lot less than 15
percent in slope and most of this flatter area is located within the front yard setback.
In addition, the subject Iill lot and the V d allow development
of the property that'I with neighboring properties. Therefore, there are
special applicable to the property, and because of this, the strict
Resolution No. P- 01-61
Page 2
application of the Zoning Ordinance does deprive the property of privileges enjoyed
by other properties in the vicinity under identical zoning classification.
Granting the V 'y for the preservation and enjoyment of a single-
family residential use similar to other residences in the neighborhood. There is
limited developable area available for a typically sized home on the property and
yard area.
Front Yard Setback: The design, height and scale of the residence and garage are
consistent with the single-family residences in the neighborhood. The least steep
portion of the property is located closest to the street and allows forth
of a two-story home consistent with building height limitations without extensive
grading.
Three-tiered walls: The series of three keystone walls allows for a flat garden area
which oth d not have been provided due to the conf 3e without
extensive grading.
Therefore, granting the Variance for the preservation and enjoyment of a substantial
property right possessed by other property owners in th ly and zoning
for which the V ..3ht.
Granting the V id allow for a home and garden design and size will be
compatible with its surroundings.
Front Yard Setback: The location of the residence will not create a hazard for
surrounding properties since the residence is located 44 feet from edge of
pavement and would be located below the street level. The resid Id also
be one-story from Belvedere Drive. The two-story elevation and stem
walls of the building would be broken up by a second-story deck. The stem walls
would further I~ :1 by vegetation.
Three-tiered walls. The visibility of the walls from the street would be limited due to
the grade separation and distance from street. The apl~ :the walls would
be enhanced by landscaping required at the foot of the walls and in the 5-foot wide
pi separating the walls.
Therefore, granting the V Id not be materially detrimental to the public
health, safety, or welfare since the resid I in scale, bulk, coverage
and density of surrounding properties.
D=
Granting the V d not constitute a special privileg :with other
properties in the area since other properties are permitted two-story single-family
residences and level garden areas.
Resolution No. P- 01-61
Page 3
Granting the V Id ;/ ~
surrounding properties since the use of a single family residence and attached two-
car garage is consistent with the General Plan land use and other uses in the
vicinity and Therefore, there will not be a harmful effect upon desirable
neighborhood ch
Granting the Variance is consistent with the General Plan in that single-family
residences are allowed in the Rural Residential C zone and the project complies
with Hillside Ridgeline requirements.
Section 3: The findings in accordance with Section 17.52 of the Poway Municipal Code
for a Minor Development Review Permit 01-08 to construct a single-family residence and
garage as shown on the site plan dated September 28, 2001, are made as follows:
The location of the house and garage respects the interdependence of land values
and aesthetics to the benefit of the City in that the proposed resid
with other homes in the area. The project would limit land alteration and
preservation of the majority of on-site Coastal Sage Scrub through the use of stem
walls and retaining walls consistent with the goals and objectives of the City's
General Plan and the Poway Subarea Habitat Conservation Plan.
The project does not conflict with the orderly and h appearance of
st :1 property within the City along with associated facilities, in that there
is adequate separation between the structure and the edge of pavement and
landscaping will be provided to soften the appearance of the retaining walls and
stem walls.
There are public facilities, services and utilities available and the location of the
house and the height of the three-tiered retaining walls do not detract from the
maintenance of the public health, safety and general welfare, and property
throughout the City.
The location of the house and the height of the three-tiered retaining walls respect
the public concerns for the aesthetics of developments as adequate separation
between the edge of the pavement and th is :1 to create an
attractive streetscape and landscaping will soften the app I the retaining
walls,
The project is in character with existing development in the area and will not
negatively affect adjacent property owners. Therefore, the proposal does not have
an ad :hetic, health, safety or architecturally related impact upon existing
adjoining properties, or the City in general.
ResoLution No. P-01-61
Page 4
The proposed development will comply with all other provisions of the Zoning
Ord' :1 the General Plan.
Section 4: The findings, pursuant to G l Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the public
health, safety, and welfare are made as follows:
The design and imp Ithe proposed development l with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The collection of
development f :led as a result of the proposed development to protect the
public health, safety, and welfare as identified below:
The exaction of traffic mitigation, water, park, affordable housing fees are
required in order to mitigate the impact of one new home on the use of public
facilities, namely publicly maintained streets, water systems, affordable
housing, and park space.
Pursuant to the City of Poway Habitat Conservation Plan, biological surveys were
conducted on the property by Dudek and Associates as described in the reports
dated May 17, 2001, July 18, 2001, and updated on November 6, 2001. Project
grading will impact Coastal Sage Scrub habitat, Annual Non-Native Grassland, and
two sensitive plant species, the Variegated Dudleya and San Diego Barrel Cactus.
In accordance with the Poway Habitat Conservation Plan (HCP), the required
findings for approval of the proposed mitigation for the removal of habitat for VAR
01-01 and MDRA 01-08 are as follows:
The proposed project site is outside the Mitigation Area of the Poway HCP.
The mitigal' l with and furthers the implementing objectives of
the Poway Habitat Conservation Plan in that the applicant will mitigate
impacts to 0.56 acres of Coastal Sage Scrub habitat at a 2:1 ratio (1.12
acres mitigation) and 0.14 acres of Annual Non-Native Grassland at a 1:1
ratio (0.14 acres mitigation). Said mitigation will be through the acquisition of
suitable Coastal Sage Scrub habitat and the recordation of an off-site
Biological C Easement Deed, preserving comparable undisturbed
and unencumbered habitat of equal or greater conservation value located
within the HCP Mitigation Area, and/or by the payment of an in-lieu fee.
The preservation of such habitat within the Mitigation Area and/or the
payment of an in-lieu fee will contribute toward the building of the ultimate
total Mitigation Area preserve system of the HCP. Therefore, such habitat
preservation and/or payment of an in-lieu fee will serve to enhance the long-
term viability and function of the preserve system.
Resolution No. p.o1-61
Page 5
The mitigation will be to the long-term benefit of the covered species and
their habitats in that the recordation of a Biological Conservation Easement
Deed ~ undisturbed and unencumbered habitat (see 'A' above)
and/or the payment of an in-lieu fee, will promote a meaningful addition to
the assembly of a viable regional system of int :1 natural habitat
habitat linkages, buffers and wildlife corridors.
The mitigation will foster th ~ implementation of the Poway HCP
in an effective and efficient manner in that the preservation of off-site
conservation area(s) will be within an identified Mitigation Area within the
City, and/or the payment of an in-lieu fee will contribute likewise towards
assembling the total Mitigation Area preserve system.
The mitigation will not result in a negative fiscal impact with regard to the
implementation of the Poway HCP b City funding will
be required for the mitigation efforts.
Section 5: The City Council hereby approves Variance 01-01 and MDRA 01-08 to allow
the construction of a 2,680-square-foot, single-family residence and a 812-square-foot
garage on the property, the reduction of the front yard setback from 40 feet to 25 feet for
the residence, and the installation of a series of three retaining walls rather than two at
13814 Belvedere Drive as shown on the site plan dated September 28, 2001, subject to
the following conditions:
Approval of this V -I a Minor Development Review Permit shall apply only
to the subject project and shall not ~liance with all ;the Zoning
Ord' :1 all other applicable City ordinances in effect at the time of building
permit issuance
Within 30 days of approval, the applicant shall submit in writing that all conditions of
approval have been read and understood.
The applicant shall apply for a grading permit and submit a grading plan along with
a grading permit application, for review and approval to the City's Development
Services Department. A grading plan submittal checklist is available at the
Engineering Division front counter.
The applicant shall comply with the following conditions prior to grading permit
issuance:
The grading plan shall be prepared on a City of Poway standard 3mm, 24" x
36" mylar, with a scale of 1" = 20' or larger. At ' 'the grading plan
shall show the following:
=
Resolution No. P- 01-61
Page 6
The access driveway in compliance with the si; provided in
Section 17.08.170D of the Poway Municipal Code, and including
· ' sections together with their elevations and slopes.
The driveway apron shall comply with the San Diego Regional
Standard Drawings.
Tops and toes of graded slopes shall be shown with ' ' five-
foot setback from property lines. Buildings shall be located at least
five feet from tops and toes of graded slopes, :1 by the
Planning Division and/or Engineering Division prior to ' ~ a
grading permit. All new slopes shall be 2:1
Erosion control
during construction.
for the prevention of sediment run-off
All utilities (proposed and existing), together with the appurtenances
and any easements. The method of City water to the
proposed dwelling shall be indicated. Encroachments (
driveway, etc.) are not permitted upon any easement without an
approved encroachment permit.
Locations and sizes of any new raised utility boxes on Belvedere
Drive, clearly identified in coordination with the respective utility
companies, and reviewed and approved by the City prior to any
installation work.
All proposed drainage improvements.
Top of wail and bottom of wall elevations of the proposed retaining
walls.
Coastal Sage Scrub habitat that is to remain.
Fuel Management Z ' ;] a combined 65 feet out from the
l with the Fuel Management Plan dated September
28, 2001 on file with the Planning Division.
A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The on-site drainage system shall be
capable of handling and disposing of all surf :hin the project site,
Resolution No. P~l-61
Page 7
and all surface g onto the project site from adjacent lands (if
any). Large concentrated runoffs over the driveway and into the street shall
be avoided.
T ~liance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of :[ into the storm d rain system or the natural
stream. The SWPPP shall include, but not be limited to, an effective method
of hillsid :1 sediment control storag to
protect const from being exposed 1 :[, protection
of all storm drain inlets, on-sit . truck wash and waste control, and
oth : Best Management Practices to effectively eliminate pollutants
f ' ~1 the storm drain system. The applicant shall certify the SWPPP
prior to approval of the grading and improvement plans. The SWPPP may
be incorporated with the erosion control plan, but shall be under separate
cover from the grading and improvement plans.
The applicant shall pay all applicable engineering; plan checking, permit and
inspection fees. The design of all keystone walls will require a separate
structural plan check fee.
Grading securities in the form cfa performance bond and a cash deposit, or
a letter of credit, shall be posted with the City. A minimum of $5,000 cash
security is required.
Should there be a need for a new fire hydrant, a water sy ysis may
be required, and shall be prepared to investigate the adequacy of the
existing public water system on Belvedere Drive. The water system shall be
upgraded, if required by the analysis, 1' :late the new fire hydrant.
The applicant shall pay to the City the cost of preparing the analysis.
If a new fire hydrant is required, a separate improvement plan shall be
prepared and submitted to Development Services, Engineering Division, for
review and approval. Plan check and inspection fees shall be paid at the
time of submittal, and appropriate securities posted.
Leach field layout or seepage pit layout for the sewage disposal system shall
be submitted to the City's Development Services Department f
approval by the City Engineer prior to obtaining a septic system installation
permit from the County of San Diego Department of Health. If a septic
sy lation permit have already been obtained, a layout plan shall be
submitted to the City f
10.
Provide mitigation to the sal' ' :the Director of Development Services
consistent with the Poway Habitat C Plan and mitigate impacts to
Resolution No. P- 01-61
Page 8
0.56 acres of Coastal Sage Scrub habitat at a 2:1 ratio (1.12 acres
mitigation) and 0.14 acres of Annual Non-Native Grassland at a 1:1 ratio
(0.14 acres mitigation). Said mitigation shall be through the dedication of an
off-site biological l preserving comparable undisturbed
and unencumbered habitat, and/or by the payment of an in-lieu fee.
11.
A deed shall be recorded to the satisfaction of the Director of
Development Services to:
a. Identify the limits of the approved Fire Management Zones on site.
Indicate the location of the Costal Sage Scrub Habitat to remain on
site and that removal of any portion of this habitat will be subject to
City approval and habitat mitigation in accordance with the Poway
Subarea Habitat Conservation Plan.
12.
Complete landscape construction documents shall be submitted to and
approved by the Planning Division. Landscape plan check 1' :luired
upon submittal of the plans. Plans shall be prepared in accordance with the
City of Poway Guide to Landscape Requirements (latest edition) and include
the following:
Landscaping for all
5:1 slope.
and disturbed slopes greater than a
Landscaping of Fire Management Zone located 65 feet outward from
the structure.
Landscaping to include trees, shrubs, vines, and ground cover to
provide visual relief and partial screening of the keystone walls, stem
walls, and bottom of the second story deck to the satisfaction of the
Director of Development Services.
d. Identify habitat areas
site.
13.
Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a ' ' all
protected 3own on the project plans are to be staked by a licensed
surveyor and delineated with lathe and ribbon. A written certification from
the engineer of work or a licensed surveyor shall be provided to the
Engineering Inspector stating that all protected areas are staked in
accordance with the approved project plans.
The applicant shall comply with the following conditions prior to issuance of the
building permit:
Resolution No. P-01-61
Page 9
The building plans shall depict the site location and design, and structural
design and materials consistent with the building and conceptual grading
plans dated September 28, 2001, on file with the Development Services
Department.
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 p 3table to the City. The building plans
shall b l with the approved project plans.
School impact fees shall be paid at the rate established at the time of
building permit issuance. PI : the Poway Unified School District
for additional information at (858) 748-0010, ext. 2089.
An affordable housing fee of $4,180 shall be paid to the Planning Division.
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 shall b ~ance with the Uniform Building Code, the
City Grading Ordinance, the approved grading plan, the approved soils
report, and grading p 3table to the City.
Erosion control in accordance with the approved Storm Water Pollution
Prevention Plan, including but not limited to desiltation basins, shall be
installed and maintained by the applicant throughout construction of the
project.
C staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a ' ' all
protected ~own on the project plans are to be staked by a licensed
surveyor and delineated with lathe and ribbon. A written certification from
the engineer of work or a licensed surveyor shall be provided to the
Engineering Inspector stating that all protected areas are staked in
accordance with the approved project plans.
Rough grading of the lot is to be completed and must meet the approval of
the City Inspector and shall include submittal of the following.
a. A certification of line and grade for each lot, prepared by the engineer
of work.
b. A final soil compaction report for each lot 1' :1 approval by
the City.
Resolution No. P- 01-61
Page 10
T .g develop be p 3
Department, Engineering Division. These fees are currently in effect, and
are subject to change without notice:
Water:
**SDCWA Sewice
Meter Size Cost Fee Line
3/4-inch $130 $3,710 $2,004 $1,430
*l-inch $270 $6,678 $3,206 $1,430
Notes:
*Single family homes which require a 1-inch meter due only to a
residential fire sprinkler requirement will be charged base capacity
and County fees for a 3/4-inch meter.
**To be paid by a separate check, payable to San Diego County
Water Authority.
Sewer:
Septic System
Traffic Mitigation: $990
Park: $2,720
Drainage: $1,570
10.
Prior to start of any work within the public right-of-way of Belvedere Drive, or
the City-held sewer and water including driveway apron
construction, a Right-of-Way Permit shall be obtained from the Engineering
Division ofthe Development Services Department. All appropriate fees shall
be paid prior to permit issuance.
11.
Prior to delivery of combustible building materials, on-site water systems,
including the fire hydrant, shall satisfactorily pass all required tests.
The applicant shall comply with the following conditions prior to occupancy:
All landscaping per the approved landscape plan shall be planted and
irrigated pursuant to the Poway Landscape Guidelines.
Driveways, drainage facilities, slope landscaping and protection
and utilities, shall be . -1, completed, and inspected by the
Engineering Inspector. The driveway shall be constructed in accordance
with Poway Municipal Code, Section 17.08.170D, and its structural section
shall be shown on the grading plan.
An adequate drainage sy :1 the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
All proposed p
Resolution No. P-01-6:t
Page 11
I be installed underground.
The developer shall repair, to the sat
all damages to the mad imp
const ly from this project.
:the City Engineer, any and
on Belvedere Drive caused by
Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be submitted
to allow the City adequate time t' :1 approval prior to
!occupancy and release of grading securities.
7. Fencing to be installed shall be muted earth-tone in color.
The applicant shall construct the following imp
the Director of Safety Services:
to the satisfaction of
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.
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. Addresses
shall be required at private driveway entrances.
Each chimney used'
a spark attester.
:h any fireplace shall b
:1 with
Th :lway shall be extended to within 150 feet 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 Division Chief.
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.
The applicant shall comply with the City of Poway Guide to Landscape
Maint it relates to fire management zones.
7. A ' ' : 65-foot fire management zone will be required.
Resolution No. P- 01-61
Page 12
Section 6: The use of the property pursuant to this approval shall not be conducted in
such a manner as to interfere with the reasonable use and enjoyment of surrounding
residential uses.
Section 7: The conditions of this Vadance 01-01 and Minor Development Review Permit
01-08 shall :fect for the life of the subject residential property and shall run with
the land and be binding upon future owners, heirs, and I ' of the
current property owner.
Section 8: This Variance 01-01 and Minor Development Review Application 01-08 shall
expire on November 27, 2003, at 5:00 p.m. unless a Building Permit has b :t and
const :the property' these permits h :t prior to its
expiration.
Section 9: Pursuant to G l Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on November 27, 2001.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 27th day of November 2001.
ATTEST:
L~on ~n n: FeOto ples,~i~C,er~
Resolution No. P- 01-61
Page 13
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-01-61 , was duly adopted by the
City Council at a meeting of said City Council held on the 27th day of November 2001, and
that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, CAFAGNA
NOES; ENERY, REXFORD
ABSTAIN: NONE
ABSENT: NONE
LorilAnne Peoples, City Clerk
City of Poway
N :\planning~