Res P-02-02RESOLUTION NO. P-02-02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 01-12 AND HILLSlDE/RIDGELINE MDRA 01-70,
ASSESSOR'S PARCEL NUMBER 321-250-06
WHEREAS, Variance 01-12 and MDRA 01-70, submitted by Pat Bonaguidi,
applicant, and Ed Scott, owner, requests the approval of a Minor Development Review
Application 1 : a 4,500-square-foot, split-level, two-story resid vacant
property located at 14637 Twin Peaks Road in the Hillside/Ridgeline Oveday Zone. The
applicant also requests approval of Variance 01-12 to allow a portion of the residence to
observe a 25-foot front yard setback when a 40-foot front yard setback is required in the
zone. The subject property is located in the Rural Residential A zone; and
WHEREAS, on January 22, 2002, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that Variance 01-12 and MDRA 01-70 are
Categorically Exempt from the provisions of the California E Iai Quality Act,
pursuant to Section 15305, Class 5 and Section 15303(a), Class 3 exemption, in that it is a
minor alteration to a land use l :l the development of a single-family residence in
a residential zone in an urbanized area.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), a Califomia
Gnatcatcher biological survey dated May 7, 2001, a Quino Checkerspot Butterfly
l dated May 7, 2001, and Addendum Report Letters, dated December 10, 2001,
and January 21,2002, 31eted on the property by Brock Ortega. Project grading
and brush clearing will impact 0.61 acres of Coastal Sage Scrub habitat. No sensitive
si: ':lentified on the property. In accordance with the Poway HCP, the required
findings for approval of the proposed mitigation for the removal of habitat for Variance 01-
12 and MDRA 01-70 are as follows:
The project site is within the Mitigation Area of the Poway HCP. The mitigation is
l with and furthers the implementing objectives of the Poway HCP in that
the applicant will mitigate the removal of 0.61 acres of habitat at a 2:1 ratio for 0.42
acres of undisturbed habitat and a 1:1 ratio for impacts to 0.19 acres of disturbed
habitat. Mitigation will be accomplished through either the off-site dedication of a
biological conservation easement preserving a minimum of 1.03 acres of
comparable undisturbed and unencumbered habitat of equal or § lhin
the mitigal' = the Poway HCP or payment of a habitat mitigation in-lieu fee.
Resolution No. P-02-02
Page 2
:off-site habitat within the Mitigation Area of the Poway HCP or
payment of a habitat mitig ~e Poway
HCP. Therefore, the dedication or payment of a fee will serve to enhance the long-
term viability and function of the preserve system.
The mitigation will be to the long-term benefit of the covered species and their
habitats in that the dedication of a biological conservation easement over
undisturbed and unencumbered habitat or payment of a fee 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 will foster th implementation of the Poway HCP in an
effective and efficient manner through the I; :habitat within an identified
Mitigation Area within the City or by payment of a fee for furtherance of the same
goal.
The mitigation will not result in a negative fiscal impact with regard to th
implementation of the Poway HCP b City funding will be required for the
mitigation effort.
Section 3: The finding lance with Section 17.50.050 of the Poway Municipal
Code to approve Variance 01-12, to reduce the front yard setback from 40 feet to 25 feet
for the property located at 14637 Twin Peaks Road within the RR-A 3own on the
site plan dated December 12, 2001, are made as follows:
There are special applicable to the site, and because of this, the
strict application of the Zoning Ordinance deprives the property of privileges enjoyed
by other properties in the vicinity under identical zoning classification. The unusual
include the facts that the lot is encumbered by sizeable road
easements and steep slope. These limit the amount of developable
area on the lot and restrict where the residence can be sited.
Granting the Variance is necessary for the preservation and enjoyment of rights
enjoyed by other property in th ;y and not afforded to the property for
which the V .~ht because of the steep I pled with the sizeable
road easement encumbrances that restrict the amount of developable on the site.
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Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the project will be well separated from other
homes in the area and necessary utilities will be available for the site.
Granting the V d not ~ecial privileg :with other
properties in the area since other properties have been built to equal or lesser
setbacks.
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Page 3
Granting the d :y th t or
incompatible with surrounding prop the residence will b ~
the General Plan and other residential uses in the vicinity and same zone.
Therefore, there will not be a harmful effect upon desirable neighborhood
characteristics.
Section 4: The finding lance with Section 17.52 of the Poway Municipal Code
for MDRA 01-70 to construct a 4,500-square-foot, split-level, two-story residence on the
vacant preperty located at 14637 Twin Peaks Road in the Hillside/Ridgeline Oveday Zone
within the RR-A zone, are made as follows:
The residence has been sited I ' ' landform all :l conforms to City
zoning and grading standards. Therefore, the preject respects the interdependence
of land :1 aesthetics to the benefit of the City.
The project is in character with existing development in the area and will not
negatively affect the views of adjacent preperty owners. The preposal does not
otherwise affect the boundaries of the lot or the design of the streets. Therefore,
the project does not conflict with the ordedy and h appearance of
st :1 property within the City along with associated facilities such as, but
not limited to, signs, landscaping, parking areas and streets.
There are public facilities, services and utilities available. The current roads are
capable of handling the expected volumes of traffic with this residential
development. The proposed use is an allowable use in the RR-A zone, with the
approval of a Hillside/Ridgeline Minor Development Review Application. The project
will otherwise, with the exception of the required 40-foot front yard setback, conform
to all City ordinances. Therefore, the proposed use does not detract from the
maintenance of the public health, safety and general welfare, and property
throughout the City.
The project has been designed 1 .... 3acts on the surrounding community
by being tucked into the side of the hill, and utilizing a Iow profile architectural
design and earth-toned wall and roof Therefore, the proposed
development respects the publ for the aesthetics of developments.
The proposed project will meet the required design reg :1 will otherwise
comply with all of the relevant codes and standards of the City of Poway.
Therefore, the proposal does not have an adverse aesthetic, health, safety or
amhitecturally related impact upon existing adjoining properties, or the City in
general.
I F. The proposed development will comply with all of the provisions of the Zoning
Ord' ~1 the General Plan.
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Section 5: The findings, G Code Section 66020 for the public
improvements for MDRA 01-70, are to be made as follows:
The design and imp :the proposed development l with all
elements of the Poway General Plan, as well as City ordinances, because all
necessary :11' I be available to serve this project. The payment
of fees toward public imp is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
The project requires payment of drainage, park, affordable housing, and
traffic mitigation fees, which :1 on a pro-rata basis to f' :1
provide public in1 improvements to promote a safe and healthy
l for the residents of the City.
Section 6: The City Council hereby approves Variance 01-12 and MDRA 01-70 to
construct a 4,500-square-foot, split-level, two-story residence with a front yard setback
reduction of 15 feet to 25 feet, on the vacant property located at 14637 Twin Peaks Road
in the Hillside/Ridgeline Overlay Zone and within the RR-A zone, as shown on the plans
dated January 18, 2002 (house plans) and the grading plan dated December 12, 2001,,
subject to the following conditions:
Approval of this MDRA request shall apply only to the subject project and shall not
31lance with all :the Zoning Ord' :1 all other applicable
City ord rfect at the time of Building Permit issuance.
Within 30 days of the date of this approval the applicant shall submit in writing that
all conditions of approval have been read and understood.
The conditions of MDRA 01-70 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon future owners,
heirs, and ! I the current property owner.
The applicant shall obtain a Grading Permit. Prior1
the applicant shall comply with the following:
:a Grading Permit,
A grading plan for development of the lot, prepared on a City of Poway
standard mylar at a scale of 1"=20', shall be submitted for review and
approval to the Development Services Department, Engineering Division.
The submittal shall include applicable plan check fees. A grading plan
submittal checklist is available at the Engineering Division front counter. Any
items from the previous application to be used in the new application shall be
updated to current standards, and certified by the current engineer of work.
At ' ' the grading plan shall show the following:
Resolution No. P-02-02
Page 5
~ the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
A separate erosion control plan for prevention of sediment run-off
during
All new slopes with a 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with ' ' five-
foot setback from open space areas and property lines. Buildings
shall be located at least five feet from tops and toes of slop
waived by the Planning Division and/or Engineering Division prior to
I a grading permit.
All utilities, together with the appurtenances, and any
Encroachments are not permitted upon any easement without an
approved encroachment agreement/permit.
Locations of all utility I: fly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
The grading plans shall include the following imp to Twin
Peaks Road bet~ ' ~ 1 :l the ddveway access to
the subject parcel. Twin Peaks Road shall be improved in
accordance with 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.
Retaining walls, with top and bottom of retaining wall elevations.
Retaining wall designs that deviate from the San Diego County
Regional Standards will require additional structural plan check.
The location of ' "zing of habitat and open sp
as detailed under condition E.1.
i. The location of the Fire Management Zones.
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 drainage system shall be capable of
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handling and disposing all surface water within the project site, and ail
surr flowing onto the project site from adjacent lands. Said system
shall include all easements required to properly handle the drainage.
Concentrated ~ driveways are not permitted.
T 31iance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of :1: into the storm drain system orthe natural
stream. The SWPPP shall include, but not be limited to, an effective method
of hillsid d sediment conl stora~ to
protect from being exposed t protection
of all storm d ' truck wash and Irol, and
otb ! Best Management Practices to effectively eliminate pollutants
f ' 3 the storm drain system. The applicant shall certifythe 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 and Temporary Water C Agreement and
Temporary Sewer C Agreement fees.
Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City prior to grading plan approval.
A ' ' 1 security of $2,000 is required.
A landscape/irrigation pi Jance with the applicable req :
the City of Poway Guide to Landscape Req ' lall be submitted to
and approved by the Director of Development Services. Said plan shall
include landscaping for all manufactured and disturbed slopes greater than a
5:1 slope and for Fire Management Zones. In accordance with said
requirements, and the Poway General Plan requirement for hillside
development, the landscaping shall ut 3pearance to
the existing native vegetation. A $525.00 deposit is required with the
landscape plan submittal package.
The property owners shall submit a letter advising the City of their agreement
to comply with the development requirements of the Poway Habitat
Conservation Plan.
The applicant shall file and obtain approval of a Temporary Sewer
C Agreement and a Temporary Water Connection Agreement with
the City.
10.
11.
12.
Resolution No. P-02-02
Page 7
Neither removal of G habitat nor grading in the vicinity of such
habitat may take place within nesting season (February 15 to August 15).
Exceptions may be permitted if it can be proven, to the satisfaction of the
Director of Development Services, that no impacts to protected species will
Occur.
According to the habitat I and area prepared by
Brock Ortega in the biological reports dated May 7, 2001, December 10,
2001 and January 21,2002, the project will impact approximately 0.61 acres
of Coastal Sage Scrub habitat consisting of 0.42 acres of undisturbed habitat
and 0.19 acres of disturbed habitat. Impacted habitat shall be mitigated at
· ' 2:1 ratio for impacts to undisturbed habitat (0.84 acres) and a 1:1
ratio for impacts to disturbed habitat (0.19). Mitigation can be completed in
either of the following ways:
Off-site acquisition and dedication of 1.03 acres of Coastal Sage
Scrub habitat of equal or greater conservation value located in the
Mitigation Area of the adopted Poway Habitat C Plan and
approved by the Director of Development Services; and/or
Payment of a habitat mitigation in-lieu fee at the rate established at
the time of payment. The habitat mitigation in-lieu is presently
$10,000/acre.
Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a blasting permit shall be obtained from the Engineering
Division. $ ' Jings shall be taken for ail blasting. Blasting shall
occur only at I :1 levels approved by the Director of Development
Services.
13.
Non-supervised ;]ineered fill is not allowed. Rock disposal areas
shall be graded in compliance with City approved soils dations
and the approved grading plans.
Prior to any clearing, grubbing, or grading, the applicant shall comply with the
following:
At ' ' I protected areas, as shown on the grading plans, shall be
staked by a licensed surveyor and delineated with lathe and ribbon. The
applicant shall have said staking inspected by the Engineering Inspector
prior to grading. A written certification from the engineer of work or a
licensed surveyor shall be provided to the Engineering Inspector stating that
all protected · <ed in accordance with the approved project plans.
Permit.
following:
Resolution No. P-02-02
Page 8
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: a Building Permit, the applicant shall comply with the
The building plans shall comply with the latest adopted Uniform Building
Code, National Electric Code, and all other applicable codes and ordinances
in effect at the time of Building/Electrical Permit issuance.
The building plans shall depict the exterior building colors and
The exterior of the residence shall be in earth toned colors (medium brown
stucco and concrete roof tile) and consistent with the project materials
sample board on file with the Department of Development Services.
The plans shall show all existing and new utilities placed underground.
Provide proof to the Planning Division of payment of school fees to the
Poway Unified School District.
Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500.
The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the condil' ,1 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 ~table to the City.
The erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
period.
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 certification of line and grade for the lot, prepared by the engineer of
work.
b. A final soil compaction report for each lot 1' :1 approval by
the City.
Prior to start of any work within City-held '3ht-of-way, a Right-
of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
Resolution No. P-02-02
Page 9
10.
The following development fees shall be paid to the Engineering Division.
These t' y in effect, and are subject to change witl;
Traff3c Mitigation 990
Park 2,720
Drainage 1,570
Sewer 2,356
Water Meter Size Cost Base SDCWA Service Line
Capacity
~inch $130 $3,710 $2,004 $1,430
1 inch $270 $6,678 $3,206 $1,430
Prior to occupancy of the home, the applicant shall comply with the following:
The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the condil' :1 herein.
A final inspection from the appropriate City Departments will be required.
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The road imp to Twin Peaks Road, driveways, drainage facilities,
slope landscaping and protection and utilities, shall be
constructed, completed, and inspected by the Engineering Inspector. The
driveway shall be :t in accordance with Poway Municipal Code,
Section 17.08.17D, and its structural section shall be shown on the grading
plan.
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 in
a manner to allow the City adequate time for review and approval prior to
: occupancy and release of grading securities.
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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 and existing utilities within the project shall be installed
underground.
A private road construction and maintenance agreement for the private
portion of Twin Peaks Road shall be executed by th developer in a
form satisfactory to the City Attorney by th :l/or developer. Said
agreement is to comply with Ordinance No. 280, Poway Municipal Code
Section 12.20.060.
Resolution No. P-02-02
Page 10
all damages to the private road imF
from this project.
C any and
:1 by construction activity
The following improvements shall be
Director of Safety Services:
:1 to the satisfaction of the
Roof covedng 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 in
:1 with a spark arrester.
with any fireplace shall be
The access roadway 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 protection
system(s) shall be provided as required and approved by the Fire
Chief.
Residential fire sprinkler system with the one-inch measure will be
required. Plans shall be submitted to the Fire Prevention Bureau for
approval prior installation, if a one-inch lateral offthe street mean is
currently not present, one will have to be installed.
The applicant shall comply with the City of Poway Guide to
Landscape M it relates to fire management zones.
Access roadway, from the driveway shall be widened 1
feet of paved surface to the west until it meets the existing
roadway requirements.
A minimum 10,000-gallon water tank with Fire Department
C I be required for the fire p ~,stem. Location of
the tank and Fire Department C to be determined by the
Fire Department. Said tank shall be painted an earth-toned color and
be sited to observe all. required setbacks to the satisfaction of the
Director of Development Services.
Resolution No. P- 02-02
Page 11
Section 7: 01-12 and MDRA 01-70 shall expire on January 22,
2003, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
const the property, in the MDRA approval, h J prior to
its expiration.
Section 8: Pursuant to G :Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
3osed pursuant to this approval shall begin on January 22, 2002.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 22nd day of January 2002.
ATTEST:
Peoples, Ci I
Mich~ae~r
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-02-02 , was duly adopted by the
City Council at a meeting of said City Council held on the 22nd day of January 2002, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Peoples, City Cler);,
City of Poway