Res P-04-26
RESOLUTION NO. P-04-26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 01-12R/
MINOR DEVELOPMENT REVIEW 01-70R
ASSESSOR'S PARCEL NUMBER 321-250-08
WHEREAS, Variance 01-12R/Minor Development Review 01-70R, submitted by
Tofik Mamedov, requests to construct a 4,784-square-foot single-family residence and a
774-square-foot three car garage within the Rural Residential A (RR-A) zone. The
applicant is requesting a reduced front yard setback of 25-feet instead of the required 40-
foot setback required in this zone. The subject vacant property is located the southside of
Twin Peaks, east of Espola Road in the Rural Residential A (RR-A) zone within the
Ridgeline Hillside Overlay Zone; and
WHEREAS, on March 30, 2004, 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 resolve as follows:
Section 1: Variance 01-12R and Minor Development Review 01-70R is found to be
Categorically Exempt from the California Environmental Quality Act (CEQA), as follows:
A. The City Council finds that Variance 01-12R and MDRA 01-70R are Categorically
Exempt from the provisions of the California Environmental Quality Act, pursuant to
Section 15303(a), Class 3 exemption, in that it involves construction of a single-
family residence in a residential zone on a previously graded pad.
B. Pursuant to the City of Poway Habitat Conservation Plan (HCP), a California
Gnatcatcher biological survey dated May 7, 2001, a Quino Checkers pot Butterfly
assessment dated May 7,2001 and an Addendum Report Letter, dated December
10,2001, were completed on the property by Dudek & Associates, Project grading
will impact 0.63 acres of Coastal Sage Scrub habitat. No sensitive species were
identifies 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-
12R and MDRA 01-70 are as follows:
1. The project site is within the Mitigation Area of the Poway HCP. The
mitigation is consistent with and furthers the removal of 0.63 acres of habitat
at a 2:1 ratio through either the off-site dedication of a biological conservation
easement preserving a minimum of 1.26 acres of comparable undisturbed
and unencumbered habitat of equal of greater value within the mitigation
area of the Poway HCP or payment of a habitat mitigation in -lieu fee.
2. The preservation of off-site habit within the Mitigation Area of the Poway HCP
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Page 2
or payment of a habitat mitigation in-lieu fee will contribute toward lands of
the Poway HCP. Therefore, the dedication or payment of a fee will serve to
enhance the long-term viability and function of the preserve system.
3. 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
interconnected natural habitat resource, habitat linkages, buffers and wildlife
corridors.
4. The mitigation will foster the incremental implementation of the Poway HCP
in an effective and efficient manner through the preservation of habitat within
an identified Mitigation Area with the City of by payment of a fee for
furtherance of the same goal.
5. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the Poway HCP because no City funding will be
required for the mitigation.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code to approve Variance 01-12R/Minor Development Review 01-0R, to reduce the front
yard setback from 40 feet to 25 feet for the property located at 14737 Twin Peaks Road for
a 4,784-square-foot, single family residence and 77 4-square foot garage located souths ide
of Twin Peaks Road, east of Espola Road, within the Rural Residential A (RR-A) zone, as
shown on the site plan dated February 3, 2004, 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 and
with surrounding properties. The special circumstances include the fact the subject
lot is constrained by a roadway easement along the northeastern portion of the
property and slopes from 794-feet to 683-feet limiting the area for a building site;
and,
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
not afforded to the property for which the Variance is sought because of the
developable area on the approximately 43,560-square-foot lot area is restricted by
- the roadway easement and steep slopes; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed residence does not reduce the
distance from adjacent residences; and,
Resolution No. P-04-26
Page 3
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
the surrounding properties are located on parcels one-acre or greater in size and
maintain minimum setbacks; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-A zone because single-family homes are a permitted use and
the proposed single-family residence is consistent with the Midland Road Specific
Plan; and
F. That the proposed development will comply with each of the applicable provisions of
the General Plan.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code
for MDRA 01-70R to construct a 4,784-square foot single family residence and a 774-
square foot three car garage on vacant property located at 14737 Twin Peaks Road in the
Hillside/Ridgeline Overlay Zone within the RR-A zone, are made as follows:
-- A. The residence has been sited to minimize landform alteration and conforms to the
City's zoning and grading standards. Therefore, the project respects the
interdependence of land values and aesthetics to the benefit of the City.
B. The project is in character with existing development in the area and will not
negatively affect the views of adjacent property owners. The proposal does not
otherwise affect the boundaries of the lot or the design of the streets and it does not
conflict with the orderly and harmonious appearance of structures and property
within the City along with associated facilities such as, but not limited to, signs,
landscaping, parking areas and streets.
C. 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-front yard setback, conform to
all City ordinances.
D. The project has been designed to minimize impacts on the surrounding community
by being tucked into the side ofthe hill, and utilizing a low profile architectural design
and earth-toned wall and roof materials and therefore respects the public concerns
for aesthetics of the community
Section 4: The findings, pursuant to Government Code Section 66020 for the public
improvements for MDRA 01-70R, can be made as follows:
Resolution No. P-04-26
Page 4
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 services and facilities will be available to serve this project. The payment
of fees toward public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
1. The project requires payment of drainage, park, affordable housing, and
traffic mitigation fees, which are assessed on a pro-rata basis to finances and
provide public infrastructure improvements to promote a safe and healthy
environment for the residents of the City.
Section 5: The City Council hereby approves Variance 01-12R/Minor Development
Review 01- 70R, to allow construction of a 4,784-square-foot single-family residence and a
77 4-square-foot three car garage within the Rural Residential A (RR-A) zone to observe a
25' front yard setback instead of the required 40-foot setback required in this zone (as
reflected on plans dated February 3, 2004), subject to the following conditions:
A. Approval of this Variance request 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.
B. Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
C. The conditions ofVAR 01-12R/MDRA 01-70R shall remain in effectforthe life of the
subject residence and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to issuance of a grading permit the applicant shall comply with the following
conditions:
1. A grading plan for the development of the lot prepared on a City of Poway
standard mylar at a scale of 1"=20', shall be submitted along with a grading
permit application and applicable fees to the Development Services
Department-Engineering Division for review and approval. A grading plan
submittal checklist is available at the engineering division front counter. As a
minimum, the grading plan shall show the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical slope. Tops
and toes of graded slopes shall be shown with a minimum five-foot
setback from open space areas and property lines. Buildings shall be
located at least five feet from tops and toes of slopes, unless waived
by the Planning Division and/or Engineering Division prior to issuance
of a grading permit.
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b. Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
c. A separate erosion control plan for prevention of sediment run-off
during construction.
d. All utilities (proposed and existing), together with their appurtenances
and associated easements. Encroachments are not permitted upon
any easement without an approved encroachment agreement.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
f. Retaining walls, with top and bottom elevations. Retaining wall
designs that deviate from the San Diego County Regional Standards
-- will require additional structural plan check. Existing retaining walls
shall be shown lighter than the new ones.
g. A minimum 1 O,OOO-galion water tank with Fire Department Connection
is required for the fire protection system. The water tank location shall
be approved by the Planning Division, Building Division and Fire
Marshal and shown on the grading plan. 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.
Note: The Fire Department requires a 1 O,OOO-galion water tank for fire
protection.
h. Existing and proposed drainage improvements.
i. Construction staking in accordance with the habitat and open space
areas as identified in the biological resource areas by Dudek
Associates.
j. Location and placement of Fuel Management Zones consistent
with City standards.
-
Locations of all utility boxes, clearly identified in coordination with the respective utility
companies, and approved by the City prior to any installation work. Screening of utility
boxes shall be to the satisfaction of the Director of Development Services.
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Page 6
2. 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.
3. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all surface
water flowing onto the project site from adjacent lands. Said system shall
include all easements required to properly handle the drainage. Large
concentrated flows across driveways are not permitted.
4. 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.
5. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all surface
water flowing onto the project site from adjacent lands. Said system shall
include all easements required to properly handle the drainage. Large
concentrated flows across driveways are not permitted.
6. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion prevention and sediment control can be achieved
using one or more of the following measures:
a. Provision of an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Covering all flat areas with an approved mulch.
c. Installation of an earthen or gravel bag berm that retains 3 inches of
water over all areas prior to discharge, effectively creating a de-silting
basin from the building pad.
7. 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 minimum $2,000 cash security is required.
8. The property owner shall file and obtain approval of a Temporary Sewer
Connection Agreement with the City.
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Page 7
9. The property owner shall file and obtain approval of a Temporary Water
Connection Agreement with the City.
10. The property owner shall pay all applicable engineering plan checking,
permit, and inspection fees, including the Temporary Sewer Connection
Agreement and Temporary Water Agreement fees.
11. Prior to any necessary 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. Seismic recordings shall be taken for all blasting.
Blasting shall occur only at locations and levels approved by the Director of
Development Services.
12. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout construction of the
project.
13. Construction staking is to be installed and inspected by the Engineering
-- Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown 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.
14. Rough grading of the lots is to be completed and meet the approval of the
City inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer of
work.
b. A final soil compaction report for each lot for review and approval by
the City.
15. Prior to start of any work within City-held easements or right-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.
-,,-
16. A landscapelirrigation plan, along with a $525.00 deposit for plan checking,
shall be submitted for review and approval by the Development Services
Department in accordance with the applicable requirements of the City of
Poway Guide to Landscape Requirements and Fuel Management. The
landscape and irrigation plan shall indicate the following:
Resolution No. P-04-26
Page 8
a. Automatic irrigation system.
b. Plant sizes and species for manufactured and disturbed slopes
greater than a 5: 1 slope which reflect one 15-gallon tree per 750
square feet of slope area and one 1-gallon shrub for each 100 square
feet of slope area, and ground cover.
c. Distance of each fuel management zone.
d. Fire retardant plant species within zones three and four.
e. Plant material that will blend with surrounding native vegetation.
17. All construction activity on the project site, including equipment preparation
(i.e., warming up engines), shall be limited to the hours of 7:00 a.m. to 6:00
p.m. Monday through Saturday. Grading activities, including equipment
preparation, shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday
through Friday.
19. At a minimum, all protected areas, as shown on the grading plan, shall be
staked by a licensed surveyor and delineated with construction orange
fencing. The applicant shall have said fencing inspected by the Engineering
Inspector prior to any grading, clearing or grubbing. 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.
20. In accordance with Condition H of the PSHCP Incidental Take Permit, a take
of active California Gnatcatchers nests, which includes harassment of the
bird due to grading noise and vibrations from February 15 through July 1, is
not permitted. Due to the recent Cedar fire the property currently does not
have adequate vegetation to provide nesting for Gnatcatchers during the
2004 breeding season. Any additional grading or clearing for fire fuel
management occurring during the nesting season from February 15 through
July 1, 2005 and later will only be permitted subject to the following
conditions having been met to the satisfaction of the Director. If
Gnatcatchers are found during grading, all grading operations shall cease
until the biologists certifies that the gnatcatchers are no longer present.
a. If grading or clearing is to occur between February 15 and July 1,
2005 or later, the applicant shall provide to the Planning Division
before issuance of a Clearing/Grading Permit, a letter from a qualified
biologist retained by the applicant with a scope of work for a CSS
habitat and Gnatcatcher survey and report for the area to be cleared
and/or graded and CSS habitat areas within 500 feet of such area.
Resolution No. P-04-26
Page 9
The biologist shall contact the USFWS to determine the appropriate
survey methodology. The purpose of the survey is to determine if any
active Gnatcatcher nests are located in the area to be cleared or
graded or in CSS habitat within 500 feet of such area. To be
considered qualified, the biologist must provide the City with a copy of
a valid Gnatcatcher Recovery Permit from the U.S. Fish and Wildlife
Service (USFWS).
b. The scope of work shall explain the survey methodology for the
biological survey and the proposed Gnatcatcher nest monitoring
activities during the clearing/grading operation.
c. Should the report show, to the satisfaction of the Director of
Development Services, that Gnatcatchers nests are not present within
the area to be graded/cleared or within CSS habitat located within 500
feet of said area, approval may be granted to commence
clearing/grading within the Gnatcatcher nesting season from February
15 through July 1, 2005 or later.
d. If Gnatcatchers are present within the area to be graded/cleared or
within CSS habitat located within 500 feet of said area, no grading will
be allowed during this time.
e. The applicant is hereby notified that, during grading, if active nests are
found within 500 feet of the grading, the grading activity shall be
stopped until such time as mitigation measures to the satisfaction of
the City and the United States Fish and Wildlife Service (USFWS) are
implemented. There is no guarantee that grading will be allowed to
resume.
E. Prior to issuance of a building permit the applicant shall comply with the following
conditions:
1. According to the habitat assessment and area calculations prepared by
Dudek and Associates in the biological reports dated May 7, 2001, and
December 10, 1002, the project will impact approximately 0.63 acres of
Coastal Sage Scrub habitat. Impacted habitat shall be mitigated at a
minimum of 2: 1 ratio or 1.26 acres. Note: The previous property owner paid
$6,980 on February 11, 2002 for mitigation of 0.254 acres of the subject
habitat cleared per ACP -2-01. Mitigation for the remaining habitat of 1.006
may be completed in one of the following:
Resolution No. P-04-26
Page 10
a. Off-site acquisition and dedication of 1.006 acres of Coastal Sage
Scrub habitat of equal or greater conservation value located in the
Mitigation Area of the adopted Poway Habitat Conservation Plan and
approved by the Director of Development Services; and/or
b. Payment of a habitat mitigation in-lieu fee at the rate established at
the time of payment. The habitat mitigation in-lieu fee is presently
$1 O,OO/acre.
2. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
Grading of lot 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.
3. Prior to delivery of combustible building materials, onsite water systems shall
satisfactorily pass all required tests and be in working operation.
4. The following development fees shall be paid to the Engineering Services
Department prior to building permit issuance. These fees are currently in
effect and are subject to change.
Water: Meter Size Cost Base Capacity SDWCA
0/.," $130 $3,710 $2,004
1" $270 $6,678 $3,206
*If required for fire safety, 0/.," base capacity & SDCWA fees will be
applicable.
** To be paid by separate check, payable to San Diego County Water Authority.
Traffic Mitigation $990
Park $2,720
Drainage $1,570
Sewer: Existing sewer lateral and cleanout paid by previous owner.
F. The applicant shall comply with the following prior to approval of occupancy:
-- 1. The driveway, drainage facilities, water tank, slope landscaping and
protection measures, utilities, shall be constructed, completed, and inspected
by the Engineering Inspector.
2. An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
- Resolution No. P-04-26
Page 11
Engineering Inspector. Run-off shall not be permitted to pond near the house
foundation, or cause surface erosion along the slopes.
3. All proposed utilities within the project site shall be installed underground.
4. A private road maintenance agreement, in a form satisfactory to the City
Attorney, for the private portion of Twin Peaks Road, shall be executed by
the property owner. Said agreement is to comply with Ordinance No. 280,
City Code Section 12.20.060
5. The developer shall repair, to the satisfaction of the City Engineer, any and
all damages to the existing road improvements caused by construction
activity from this project.
6. 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 ofthe grading ordinance. Record drawings shall be submitted in
a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
7. The building permit shall include proposed color for the tank and a site plan
that identifies access to the tank. The location of the tank shall meet the
approval of the Fire Department and Planning. The tank shall be painted a
muted earth-tone color to the satisfaction of the Director of Development
Services.
8. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 748-0010, ext. 2089.
9. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
10. Any fence or wall shall not exceed 6 feet. Any walls proposed shall be
reflected on grading plans and shall be of decorative block or stucco finish
consistent with the exterior of the proposed residence.
11. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
- 12. All living quarters shall be equipped with low-flow plumbing fixtures.
G. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
Resolution No. P-04-26
Page 12
1. Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 forfire retardant roof covering materials
per City of poway Ordinance No. 64.
2. 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.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
4. 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 Division Chief.
5. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fire management zones.
6. A residential fire sprinkler system with the one-inch measure 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 mean is currently not present,
one will have to be installed.
7. Access roadway from the driveway shall be widened to a minimum of 20 feet
of paved surface to the west until it meets the existing conforming roadway
requirements.
8. A minimum 1 O,OOO-galion water tank with Fire Department Connection will be
required for the fire protection system. Location of the tank and Fire
Department Connection 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.
Section 6: The approval of Variance 01-12 and MDRA 01-70 shall expire on March 30,
2006, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
construction on the property, in reliance on the MDRA approval, has commenced prior to its
expiration.
Section 7: Pursuant to Government 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 March 30, 2004.
Resolution No. P-04- 26
Page 13
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 30th day of March 2004.
ATTEST:
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-04- 26 duly adopted by
the City Council at a meeting of said City Council held on the 30th day of March 2004, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: REX FORD