Res P-17-12RESOLUTION NO. P-17-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY, CALIFORNIA, APPROVING MINOR
DEVELOPMENT REVIEW APPLICATION 16-050,
VARIANCE 16-005 AND UNDERGROUND WAVIER 17-002
ASSESSOR'S PARCEL NUMBER 277-010-15
WHEREAS, Minor Development Review Application (MDRA) 16-050, Variance
(VAR) 16-005 and Underground Waiver (UW) 17-002 were submitted by Joe Scheuer,
Applicant/Rhett and Kathryn Affleck, Owner; requesting to construct a 3,825 square -foot
single-family residence, a 503 square -foot attached garage, and a 720 square -foot
detached garage on a vacant lot on 18116 Old Coach Road the Rural Residential -A (RR-
A) zone. Also, requesting a variance to allow the detached garage to maintain at 5 -foot
side yard setback and a 25 -foot front yard setback where 20 feet and 40 feet are required
respectively by the RR -A zone, and a waiver of the requirement to underground existing
overhead utilities; and
WHEREAS, on July 18, 2017, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
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 variance for a
reduced front and side yard setback will not result in changes in land use or density.
Biological impacts related to this activity are adequately addressed by and consistent with
the City of Poway's Subarea Habitat Conservation Plan (PSHCP), companion
Implementing Agreement dated June 1996, and associated Mitigated Negative
Declaration.
Section 2: A biological resources report, dated October 13, 2016 and revised
February 8, 2017, was prepared by Cummings and Associates on the property and for
the proposal. It was reported that the site contains 1.42 acres of Coastal Sage Scrub
(CSS) and 0.75 acres Southern Coast Live Oak Riparian Forest (SCLORF) habitat, with
the remainder of the site consisting of disturbed ruderal vegetation or being previously
developed. Implementation of the project will result in habitat impacts to approximately
0.50 acres of CSS. The site is located inside the Poway Subarea Habitat Conservation
Plan (HCP) Mitigation Area.
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Pursuant to the HCP, the project is required to mitigate impacts to CSS at a 2:1 ratio, for
a total mitigation requirement of the preservation of 1.00 -acres of habitat with similar or
greater value. Mitigation will be met through on-site dedication of a Biological
Conservation Easement (BCE) over 0.93 acres of similar quality, unencumbered CSS
habitat and 0.75 acres of SCLORF habitat located within the Poway Mitigation Area.
The proposed project complies with the HCP and HCP Implementing Agreement. In
accordance with the HCP, the required findings for approval of the proposed mitigation
for the removal of CSS for the project are as follows:
A. The mitigation is consistent with and furthers the implementing objectives of the
HCP, since mitigation through on-site dedication of a BCE will be provided in
compliance with the guidelines of the HCP. The mitigation as outlined above is
consistent with and furthers the implementing objectives of the HCP.
B. The on-site habitat mitigation, most of which will be located within the Biological
Core Linkage Area (BCLA) and Proposed Resource Protection Area (PRPA) 4a,
will enhance the long-term viability and function of the reserve system.
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that an on-site BCE within the Mitigation Area and partially within the
BCLA and PRPA a will be recorded over land that will have undisturbed habitat.
According to the Poway HPC, PRPA 4a is of high importance. Said land will
promote a meaningful addition to the assembly of a viable regional system of
interconnected natural habitat resources, habitat linkages, buffers, and wildlife
corridors.
D. The mitigation will foster the incremental implementation of the HCP in an effective
and efficient manner in that all conservation area will be within the identified
Mitigation Area within the City.
E. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the HCP.
Section 3: The findings for MDRA 16-050, in accordance with Section
17.52.010 of the Poway Municipal Code (PMC) 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 and front yard
setbacks 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.
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C. The granting of the MDRA would not be materially detrimental to the public 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.
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 and front yard setbacks for which a
Variance can be supported.
Section 4: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code (PMC), to approve Variance 16-005 to allow a detached garage to
maintain at 5 -foot side yard setback and a 25 -foot front yard setback where 20 feet and
40 feet are required respectively by the RR -A zone, are made as follows:
A. That there are special circumstances applicable to the property and because of
this the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances include that the developable area of the
property is constrained to the northwest corner of the property due to topography.
The northwest corner is further constrained by a 30 -foot wide access easement
along the west property line. The proposed garage would be located in the
northwest corner of the property in an existing level area that is accessible by an
existing driveway and which previously was occupied by a non -habitable structure.
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 zone, and denied to the property for which the Variance is sought, in that a
detached garages and other non -habitable structures are common in the
surrounding area and only a small portion of an otherwise large parcel is suitable
for development.
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
detached garage would be located in a level portion of the lot that has previously
been occupied by a non -habitable accessory structure and the existing driveway
would provide access to the structure. Placing the detached garage further east
within the rear yard would require additional grading and/or would increase habitat
impacts as a result of extending the required vegetation fuel management zone.
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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 detached
non -habitable structures, such as a garage, are permitted in the residential zone
and commonly found on rural residential properties.
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the zoning development regulations governing the property.
Granting the Variance will be compatible with the Poway General Plan because a
detached garage is a permitted use and does not result in a density increase.
Section 5: The findings, pursuant to Government Code Section 66020, for the
public improvements for MDRA 16-050 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 6: The City Council hereby approves Underground Waiver (UW) 17-
002 and waives the requirement for undergrounding two on-site utility poles, pursuant to
City Council Resolution 91-003. Utility lines to the future home shall be placed
underground from the nearest pole.
Section 7: The City Council hereby approves MDRA 16-050 and VAR 16-005
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 matter.
However, the applicant shall not be required to pay or perform any settlement
unless such settlement is approved by applicant.
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B. Approval of this MDRA and VAR shall apply only to the subject project and shall
not waive compliance with all other sections of the Zoning Ordinance and all other
applicable City ordinances in effect at the time of Building Permit issuance.
C. 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.
D. The conditions of MDRA 16-050 and VAR 16-005 shall remain in effect for the life
of the subject structure, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. Prior to grading, the applicant shall obtain a Grading Permit. Prior to issuance of
a Grading Permit, the applicant shall comply with the following:
(Engineering)
1. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on
the site plan and be appropriately sized for the proposed level of
development.
2. Submit a precise grading plan for the development 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 materials as required by Chapter 16.48 of the Poway
Municipal Code shall be submitted. All existing and proposed easements
within the project site shall be shown on the grading plans.
A drainage 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.
4. Water Quality Control — Design and Construction
The project shall comply with the City and Regional Water Quality Control
Board stormwater requirements. The project is considered a Priority
Development Project and will be subject to all City and State requirements.
A Storm Water Quality Management Plan (SWQMP) prepared by a
registered Civil Engineer is to be submitted and approved. Additionally:
Provide two copies of an Operation & Maintenance (O&M) plan in
accordance with Chapter 16.104 of the Poway Municipal Code, and
a signed PDF version.