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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~