Res P-05-68
RESOLUTION NO. P-05-68
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 05-10 AND
MINOR DEVELOPMENT REVIEW APPLICATION 05-35
ASSESSOR'S PARCEL NUMBER 317-761-16
WHEREAS, a request for a Variance (VAR) 05-10 and Minor Development
Review Application (MDRA) 05-35 was submitted by Beth Jacobson for approval to
construct a 3,149-square-foot, single-family residence with an attached 624-square-foot
garage, and for a reduction of the street side yard setback of 20 feet to 14 feet from
Community Road, to allow a portion of the garage and residence to encroach into the
setback. The subject property is a vacant lot located at the northeast corner of
Community Road and Ketron Avenue, within the Rural Residential C (RR-C) zone; and
WHEREAS, on October 25, 2005, 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, BE IT RESOLVED by the City Council of the City of
Poway, as follows:
Section 1: The proposed project is Categorically Exempt as a Class 3 and 5
Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant
to Sections 15303 and 15305 of the CEQA Guidelines, in that the project proposes the
construction of a single-family residence and a minor alteration in land use limitations on
a single-family property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 05-10, a request for a reduction of the street side yard
setback from 20 feet to 14 feet to allow a portion of a proposed residence and garage to
encroach into the setback, are made as follows:
A. That there are special circumstances applicable to the property in that the subject
property is constrained by being substandard in size (0.73 acres) for the RR-C
zone, where the minimum lot size is one acre, and the strict application of the
Zoning Ordinance would deprive the property of privileges enjoyed by other
properties in the vicinity; 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 the
developable area of the 0.73-acre lot is restricted by a narrow and elongated
configuration unusual for the RR-C zone; and,
Resolution No. P-05-68
Page 2
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed building encroachment will
be along Community Road, behind a sound attenuation wall, the residence and
garage will be constructed as a single-story, and will be located away from the
adjoining residences to the east; and
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 other nearby lots in the RR-C zone do not have the same narrow and
elongated shape; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C zone because single-family homes are a permitted use
in this zone; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, for MDRA 05-35, a request to construct a 3,149-square-foot, single-family
residence, and an attached 624-square-foot garage, located within the Rural Residential
C (RR-C) zone, are made as follows:
A. The residence has been sited to conform to the City's zoning and grading
standards, with the exception of encroaching 6 feet into the required 20-foot
street side yard setback. Therefore, the project respects the interdependence of
land values and aesthetics to the benefit of the City.
B. The project is in character with the 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 does
not conflict with the orderly and harmonious appearance of structures and
property within the City.
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 allowable in the RR-C zone, with the
approval of a Minor Development Review Application.
D. The project has been designed to minimize impacts on the surrounding
community by extending the existing residence and retaining the same ranch
style architecture, thereby utilizing a low profile architectural design and earth-
toned wall and roof materials, and therefore respects the public concerns for the
aesthetics of the community.
Resolution No. P-05-68
Page 3
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for V AR 05-10 and MDRA 05-35, can be 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 the project. The payment of fees
are needed as a result of the proposed development to protect the public health,
safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of drainage, park, affordable housing, and traffic 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 Variance 05-10 and Minor Development
Review Application 05-35, a request to construct a 3,149-square-foot, single-family
residence with an attached 624-square-foot garage, and for a reduction of the street
side yard setback of 20 feet to 14 feet from Community Road, to allow a portion of the
garage and residence to encroach into the setback. The subject property is a vacant lot
located at the northeast corner of Community Road and Ketron Avenue, within the Rural
Residential C (RR-C) zone, and the approval is subject to the following conditions:
A. Approval of this Variance and Minor Development Review Application 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.
B. Within 30 days of approval, the applicant shall submit in writing that all
Conditions of Approval have been read and understood.
C. The Variance granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding residential
uses.
D. The conditions of VAR 05-10 and MDRA 05-35 shall remain in effect for the 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.
E. If any additional grading is to exceed 50 cubic yards of earthwork, or any cut is
greater than two feet in vertical depth and creates a cut slope steeper than 2:1
(two horizontal to one vertical) or any additional fill is more than one-foot in
vertical depth, the applicant shall apply for a Grading Permit and submit a
grading plan for review and approval to the City Development Services
Department. If the above conditions do not apply, the applicant shall provide a
Resolution No. P-05-68
Page 4
certification from a State of California Registered Civil Engineer, or Licensed
Architect indicating the actual quantity of earthwork involved, and pay a $500
inspection fee prior to Building Permit issuance. An additional $2,000 security
deposit for emergency erosion control measures shall also be posted prior to
Building Permit issuance.
F. If a Grading Permit is required, prior to issuance of a Grading Permit the
applicant shall comply with the following conditions:
(Engineering)
1. A grading plan for the development of the lot, prepared on a City of Poway
standard mylar sheet 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. Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space areas and property lines. The
house 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 the Grading Permit.
b. Proposed driveway access in compliance with the specifications
provided in Section 17.08.170D of the Poway Municipal Code,
including the minimum structural section together with its elevations
and grades. The driveway approach shall comply with the Regional
Standard Drawings.
c. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an on-site de-
silting basin with a volume based on 3,600 cubic feet per tributary
acre drained.
d. Locations of all utility improvements (existing and new), together
with their easements. No encroachments are permitted upon any
easement.
e. All new slopes shall have a maximum 2 to 1 ratio (horizontal to
vertical).
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.
Resolution No. P-05-68
Page 5
3. 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
4. The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
5. 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 deposit is required.
G.
6. 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.
Prior to the issuance of a BUildin~permit or Grading Permit, whichever comes
first, the applicant shall attend a re-construction meeting, at which time they
shall present an Action Plan that i entifies measures to be implemented during
construction to address erosion, sediment, and pollutant control. Compliance for
sediment control shall be provided using the following guidelines, as directed by
the project inspector:
a. Provision of an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Covering of all flat areas with approved mulch.
c. Installation of an earthen or gravel bag berm that retains 3 inches of water
over all disturbed areas prior to discharge, effectively creating a de-silting
basin from the pad.
H. Prior to issuance of a Building Permit, the applicant shall comply with the
following conditions:
1. The site shall be developed in accordance with the approved site plan on
file dated August 23, 2005, and floor plans and elevations dated July 24,
2005, 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.
Resolution No. P-05-68
Page 6
(Engineering)
2. The applicant shall not accept delivery of the modular house at the site
until the City submits an application for a Letter of Map Revision to the
Federal Emergency Management Agency (FEMA) to revise the f100dway
boundaries of the subject site.
3. Rough grading shall 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 review and approval by the City.
4. Prior to start of any work within City-held easements or rights-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.
5. The applicant shall pay development fees to the City, unless other payee
is indicated. The fees and the corresponding amounts are as follows and
are subject to change without further notice. The amounts to be paid shall
be those in effect at time of payment.
Water:
Yo inch
1 inch'
Meter
Expansion Fee
Service Line
SDCWA Capacity"
SDCWA Water Treatment Capacity"
$ 130
$3,710
$1,430
$3,985
$ 153
$ 270
$6,678
$1 ,430
$6,376
$ 245
'3/4" meter capacity and SDCWA fees are applicable.
"To be paid by a separate check, payable to San Diego County Water
Authority.
Sewer:
Connection =
Cleanout =
Cleanout inspection =
Line Charge =
$2,356
$ 50 per cleanout
$ 25 per clean out
$2,000 minimum or $20.00 per lineal foot of
sewer main fronting property
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Page 7
Traffic Mitigation
Park
$ 990
$2,720
$1,570
Drainage
(Planning)
6. Submit a revised south (front) elevation to include one or two windows on
the garage wall.
7. All construction activity on the project site, including equipment
preparation (Le., 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.
8. All newly constructed living quarters shall be equipped with low-flow
plumbing fixtures.
9. An affordable housing fee of $4,500 shall be paid at the issuance of a
Building Permit, pursuant to Section 17.26.100 of the Poway Municipal
Code.
10. Submit a colors and materials board showing all building colors and roof
materials for review and approval.
11. The roof eave overhang shall be 12 inches or wider.
12. Any fence or wall shall not exceed 6 feet. Any walls proposed shall be
reflected on the grading or building plans and shall be of decorative block
or stucco finish consistent with the exterior of the proposed residence.
I. The applicant shall comply with the following prior to approval of occupancy:
(Engineering)
1. Drainage facilities, slope landscaping and protection measures, and
utilities, shall be constructed, completed, and inspected by the
Engineering Inspector.
2. 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.
3. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City
Engineer.
Resolution No. P-05-68
Page 8
4. All proposed utilities within the project site shall be installed underground.
5. 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 issuance of occupancy and release of grading securities.
(Planning)
6. Two (2) street trees and permanent irrigation shall be installed along
Ketron Avenue. Submit a proposal for the tree species and locations for
review and approval.
7. All permanent landscaping and an automatic irrigation system for
landscaping on all manufactured slopes greater than 5:1 shall be installed
and operational at the time of final inspection.
J. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per Uniform Building Code (UBC)
Sections 1503 and 1504, UBC Standard 15-2, and City of Poway
Ordinance No. 64 and its amended Ordinance No. 526.
2. 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. 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 driveway 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 Marshal.
5. 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.)
Resolution No. P-05-68
Page 9
Section 6: The approval of Variance 05-10 and Minor Development Review Application
05-35 shall expire on October 25. 2007. at 5:00 p.m. unless the applicant and/or
property owner applies for and obtains approval of a Building Permit.
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 October 25, 2005.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 25th day of October 2005.
ATTEST:
Q"~
City of Poway
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. P-05-68 was duly adopted by the City Council
at a meeting of said City Council held on the 25th day of October 2005, and that it was
so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
(;5.kc~
City of Poway