Res P-16-08RESOLUTION NO. P -16 -08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 14 -007 AND
MINOR DEVELOPMENT REVIEW APPLICATION
14 -027 ASSESSOR'S PARCEL NUMBER: 323 - 060 -08
WHEREAS, the City Council considered Variance (VAR) 14 -007 and Minor
Development Review Application (MDRA) 14 -027, a request to construct a 3,091 -
square -foot, single - family residence with a 400 - square -foot, two -car garage and a
request for a Variance to maintain a 5 -foot side yard setback where 20 feet is required
and to allow a 9- foot -high wall where 6 feet is the height limit. The project is located on
a vacant lot on Claire Drive in the Rural Residential C (RR -C) zone; and
WHEREAS, on April 5, 2016, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application; and
WHEREAS, the Poway Municipal Code (PMC) establishes findings required for
granting a Variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as Classes 3 and 5 Categorical Exemptions, Sections 15303(a)
and 15305, in that the project involves the construction of a single - family residence on
an existing legal parcel located in a residential zone and the side yard setback variance
and over - height wall will not result in changes in land use or density.
Section 2: The findings, in accordance with Section 17.50.050 of the PMC, to
approve Variance 14 -007, are made as follows:
A. That there are special circumstances applicable, in that more than 75 percent of
the approximately 1.25 acre property is located within the 100 -year floodway
established by the Federal Emergency Management Agency (FEMA); the
remaining and developable portion of the property is impacted by the 100 -year
floodplain which per FEMA standards requires that the finished floor of a home
be raised to one foot above the flood elevation. The width of the area available
for development is approximately 45 feet. The 20 -foot side yard setback required
for the RR -C zone is based on a 110 -foot wide lot. Because of these special
circumstances, the strict application of the development regulations deprives the
property of privileges enjoyed by other properties in the vicinity with the identical
zoning classification.
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and denied to the property for which the Variance is sought. The requested 5-
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Page 2
foot side yard setback would allow for a functional building footprint and floor plan
similar to others in the neighborhood, and the requested 9- foot -high wall, of
which 4 feet is retaining, will provide a 5- foot -high privacy screening wall which is
commonplace in the neighborhood.
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity and zone in which the property is located in that
the 5 -foot side yard setback is consistent with the setback for the Residential
Single Family -7 zone (which has a minimum lot width requirement similar to the
width of the developable area of the subject lot) and is similar to the side yard of
other existing homes in the neighborhood. The screening wall will have a design
pattern to provide visual interest.
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone in that this
Variance involves the construction of a single - family residence in a neighborhood
where some of the other residences have similar side yard setbacks. Screening
walls and fences are common in the neighborhood.
E. Granting the Variance does not allow a use or activity which is not otherwise
expressly authorized by the zoning development regulation governing the parcel
of property in that single - family homes and fencing are allowed in the RR -C zone.
F. Granting the Variance or its modification will not be incompatible with the
Poway General Plan in that the residence will comply with floodplain
development standards and the residence and wall would be compatible with
other development in the vicinity and complies with all other requirements of the
zone.
Section I. The findings for MDRA 14 -027, in accordance with PMC 17.52.010, Purpose
of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding
residential development, to minimize landform alteration, and conform to City
zoning, development and grading standards except for the side yard setback and
wall height for which a Variance can be supported. Therefore, the project
respects and recognizes the interdependence of land_ values and aesthetics to
the benefit of the City.
B. The project has been designed to minimize impacts on surrounding residential
development by utilizing earth -tone colored exterior building materials and
an architectural design that is compatible with surrounding development.
Therefore, the proposed development respects the public concerns for the
aesthetics of development, and encourages the orderly and harmonious
appearance of structures and property within the City.
C. The granting of the MDRA would, not be materially detrimental to the public
Resolution No. P -16 -08
Page 3
health, safety or welfare within the community since the proposed development
will complete improvements necessary for the new residence and garage.
D. The project has been designed to be consistent with development in the
surrounding residential area by utilizing exterior building materials that are
compatible with nearby residential development. Therefore, the proposed
development respects the public concerns for the aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health and safety,
or an architecturally - related impact upon adjoining properties, as the project has
been designed to be consistent with development in the surrounding residential
area by utilizing exterior building materials that are compatible with nearby
residential development.
F. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, and the project conforms to the
provisions of the Zoning Code, except for the side yard setback and wall height
for which a Variance can be supported.
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for MDRA 14 -027 are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project.
B. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
Section 5: The City Council hereby approves VAR 14 -007 and MDRA 14 -027,
subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
Resolution No. P -16 -08
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matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of VAR 14 -007 and MDRA 14 -027 shall apply only to the subject
project, and shall not waive compliance with all sections of the Zoning Ordinance
and all other applicable City Ordinances in effect at the time of Building Permit
issuance.
C. The conditions for the project shall remain in effect for the life of the subject
property, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to grading the applicant shall obtain a Grading Permit. Prior to the issuance
of a Grading Permit, the applicant shall comply with the following:
(Engineering)
1. Submit a precise,grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City project engineer. Submittal shall be made to the
Department of Development Services, Engineering Division for review and
approval. The grading design shall be 100 percent complete at the time of
submittal, ready for approval and issuance of permit. Incomplete
submittals will not be accepted. All technical studies as required by
Chapter 16 of the PMC shall be submitted.
2. A drairiage study addressing the impacts of the 100 -year storm event
prepared by a registered Civil Engineer is to be submitted and approved.
The "study shall evaluate existing and proposed hydrologic and hydraulic
conditions to the satisfaction of the City project engineer.
3. Grading securities shall be posted with the City prior to grading plan
approval per section 16.46.080 of the PMC. A minimum cash security of
$2,000 for erosion control is required.
4. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$1,054.
5. Following approval of the grading plans, posting of securities and fees,
and receipt of three copies of the approved plans, the applicant shall
attend a pre- construction meeting at the Department of Development
Services. The scheduling request shall,be submitted on a City standard
form available from the City's project engineer. The applicant's action plan
that identifies measures to be implemented during construction to address
erosion, sediment and pollution control will be discussed. Compliance for
sediment control shall be provided as directed by the project inspector.
6. Prior to start of any work within a City -held easement or right -of -way,
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Page 5
specifically the installation of a one -inch water service, 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. If desired, City crews are available for the water
connection.
7. Construction staking is to be inspected by the Engineering Inspector prior
to any clearing, grubbing or grading. At a minimum, all protected areas as
shown on the approved grading plans are to be staked under the direction
of a licensed land surveyor or licensed Civil Engineer and delineated with
lathe and ribbon. As applicable, provide two copies of a written
certification, signed and sealed in accordance with the Business and
Professions Code, by the Engineer of Record stating that all protected
areas have been staked in accordance with the approved plans.
(Planning)
8. Any fence or wall shall not exceed six feet in height except as permitted by
the approved Variance. Any retaining walls proposed shall be shown on
the grading and building plans, and shall be constructed of decorative
block or stucco finish consistent with the residence to the satisfaction of
the Director of Development Services.
9. Prior to removal of any trees during the recognized nesting season for
raptors, a qualified professional shall evaluate the subject trees for nests
and report the findings in writing to the City. Should a nest be located,
removal of the tree shall be delayed until such time as the nest(s) have
been abandoned.
10. Landscape and irrigation plans shall be submitted. The project site shall
be landscaped and irrigated in compliance with the City of Poway
Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all
other applicable standards in effect at the time of landscape and irrigation
plan check submittal.
The landscape and irrigation plan submittal is a separate submittal from
other project plan check submittals, and is made directly to the Planning
Division. Landscape and irrigation plan review fees are required and are
the responsibility of the applicant.
a. The plans for landscaping shall, at minimum, show irrigation, and
sizes and species for Fire Fuel Management Zones for the house
and driveway, and all manufactured slopes steeper than 5:1.
b. If construction of the residence does not commence within 90 days
of completion of grading, all manufactured slopes steeper than 5:1
shall be hydroseeded and irrigated to the satisfaction of the Director
of Development Services.
Resolution No. P -16 -08
Page 6
E. Prior to construction the applicant shall obtain a Building Permit. Prior to
issuance of a Building Permit the applicant shall comply with the following:
1. The plans included with the building plan check shall be consistent with
the approved plans on file in the Development Services Department and
the conditions contained herein.
2. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, Chapter 17.07 PMC, and all other applicable
codes and ordinances in effect at the time of permit issuance.
(Engineering)
3. The site shall be developed in accordance with the approved grading
plans on file in the Development Services Department and the conditions
contained herein. Grading shall be in accordance with the Uniform
Building Code, the City Grading Ordinance, the approved grading plan,
the approved soils report, and grading practices acceptable to the City.
4. Erosion control shall be installed and maintained by the developer from
October 1 to April 30. The developer shall maintain all erosion control
devices throughout their intended life.
5. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector
and the project's geotechnical engineer. Following completion of rough
grading, please submit the following:
a. Three copies of certification of line and grade for the lot, prepared by
the civil engineer of work.
b. Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
6. The proposed structure is located within a regulated floodplain. A
Floodplain Development Permit shall be approved and issued prior to
Building Permit issuance. All applicable fees shall be paid prior to the
Floodplain Development Permit issuance.
(Planning)
7. The applicant shall contact the Poway Unified School District at (858)
679 -2570 to verify if school impact fees are required. If required, the fees
shall be paid at the rate established at the time of Building Permit
issuance.
8. Exterior building materials and finishes shall reflect the approved
elevations on file with the City and these conditions of approval, and shall
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Page 7
be noted on the building plans to the satisfaction of the Director of
Development Services.
F. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
1. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
contact the Division of Fire Prevention at (858) 668 -4470 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. This parcel is located within the Very High Fire Hazard Area of the City
and is new construction; therefore, California Building Code Chapter 7A
and PMC 15.05 will apply.
3. The fire apparatus access road, Claire Drive, shall be paved to an
unobstructed width of 20 feet between the proposed new concrete
driveway and the southern edge of the drainage crossing adjacent to
13103 Claire Drive. The new concrete driveway shall be not less than 16
feet of unobstructed width. The fire apparatus access road, Claire Drive,
and the new concrete driveway shall be capable of supporting the
imposed loads (75,000 pounds) of fire apparatus with a minimum of 13-
feet 6- inches of vertical clearance. The Fire Chief, pursuant to the PMC,
shall approve the road surface type.
4. The residence shall be accessible to Fire Department apparatus by way of
access roadways with an all- weather driving surface of not less than 16
feet of unobstructed width, with a roadway interior turning radius of not
less than 28 feet capable of supporting the imposed loads (75,000
pounds) of fire apparatus with a minimum of 13 -feet 6- inches of vertical
clearance. The Fire Chief, pursuant to the PMC, shall approve the road
surface type.
5. Dead -end access roadways in excess of 150 feet long shall be provided
with approved provisions for turning around of Fire Department apparatus.
Curves and topographical features could alter the requirements for
turnarounds and the width of access roadways.
6. Approved numbers or addresses measuring 4 to 6 inches in height shall
be placed on the building in such a position as to be plainly visible and
legible from the street fronting the property. Numbers shall contrast with
their background.
7. Roof covering on the proposed residence shall be fire retardant as per
Section 15.04.050 of the PMC, and City of Poway Ordinance No. 64 and
its amended Ordinance No. 526.
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8. Ignition Resistant, Class 1 construction is required.
9. A residential fire sprinkler system with a one -inch water meter will be
required for the proposed residence. A separate plan submittal and
approval to the Poway Fire Department, Division of Fire Prevention,
prepared by a licensed sprinkler contractor or fire protection engineer is
required for the residential sprinkler system prior to installation. There is a
separate fee for this plan check and inspection services. If a one -inch
lateral off the street main is currently not present, one will have to be
installed. If a pressure pump is required for fire sprinkler operation,
auxiliary power is required.
10. The project shall comply with Section Six of the City of Poway Landscape
and Irrigation Design Manual and Poway Municipal Code 15.05 as it
relates to fuel management and defensible space. Thirty feet of fuel
management consisting of Zone A is required. Mitigation is required
where 30 feet of fuel management cannot be achieved within the parcel
boundaries. Ten feet of vegetation fuel modification meeting Zone B
requirements shall be maintained on both sides of the driveway not
already within a fuel modification zone, and along the west side of Claire
Drive.
11. The landscape plan requires a separate landscape and irrigation plan
submittal prepared pursuant to the City of Poway Landscape and Irrigation
Design Manual requirements. There is a separate fee for this plan check
and inspection services. The applicant shall submit and receive signed
approval of landscape and irrigation plans prior to the issuance of the
Building Permit. All fuel modifications shall be installed prior to the final
inspection for issuance of a certificate of occupancy.
12. Smoke detectors shall be installed in all bedrooms and adjoining hallways.
The smoke detectors shall be hard - wired, with a battery backup, and shall
be wired in such a manner that if one detector activates, all detectors
activate.
13. Carbon monoxide detectors shall be installed in hallways adjoining
bedrooms. The carbon monoxide detectors shall be hard - wired, with a
battery backup, and shall be wired in such a manner that if one detector
activates, all detectors activate.
14. Each chimney used in conjunction with any fireplace shall be equipped
with an approved spark arrester.
15. If liquefied gas (propane) is used as a primary utility source, show the tank
size, location of the tank on the parcel, orientation of the tank to building,
and the method of securing the tank to the ground on the building plans.
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G. Prior to issuance of the Certificate of Occupancy:
1. The site shall be developed and the building elevations shall be
constructed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein.
A final inspection from appropriate City departments will be required.
(Engineering)
2. All requirements of the Floodplain Development Permit shall be satisfied.
This includes, but is not limited to, submittal and approval of an elevation
certificate.
3. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
4. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility
services shall be placed underground.
5. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
6. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to public improvements caused by construction activity from
this project.
7. A private road maintenance agreement shall be executed for any portion
of the private access road(s) not already identified in the existing
maintenance agreement(s). The applicant shall submit any necessary
legal descriptions and plat maps for the agreement. The agreement shall
be in a form satisfactory to the City Attorney.
8. After completion of all work, record drawings, signed by the engineer of
work, shall be submitted to Development Services for review prior to a
request of occupancy, per Section 16.52.1306 of the Grading Ordinance.
Approval of record drawings is required prior to issuance of occupancy
and release of grading securities. Initial submittal of record drawings at
least three weeks prior to a request for occupancy is recommended.
(Planning)
9. Landscaping shall be installed per the approved landscape plan.
Section 6: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Resolution No. P -16 -08
Page 10
Section 7: The approval of VAR 14 -007 and MDRA 14 -027 shall expire on April 5,
2018, at 5:00 p.m., unless prior to that time a Building Permit has been issued and
construction has commenced on the property.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 5th day of April 2016.
Steve Vaus, Mayor
ATTEST:
Linda K. Hascup, CMC, Interidn City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda K. Hascup, CMC, Interim City Clerk of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution No. P -16 -08 was duly
adopted by the City Council at a meeting of said City Council held on the 5th day of
April, 2016, and that it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Linda K. Hascup, CMC, Inte im City Clerk
City of Poway