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Res P-06-01 RESOLUTION NO. P-06-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 05-08 AND MINOR DEVELOPMENT REVIEW APPLICATION 05-26 ASSESSOR'S PARCEL NUMBER 314-181-76 WHEREAS, a request for Variance (VAR) 05-08 and Minor Development Review Application (MDRA) 05-26 was submitted by Dennis and Karen Keena for approval to construct a 2,172-square-foot, two-story, single-family residence with an attached 655-square-foot garage, and for a reduction of all setbacks to allow the garage and residence to encroach into the setbacks. The subject property is a vacant lot located at the northwest corner of Aubrey Street and York Avenue, within the Rural Residential C (RR-C) zone; and WHEREAS, on January 10, 2006, 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 5 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Sections 15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use limitations on an infill, vacant, single-family property. Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 05-08, a request for a reduction of the setbacks to allow the proposed residence and garage to encroach into the setbacks, 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 (0.195 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 0.195-acre lot with the setbacks of the RR-C zone would not allow the construction of a single-family home of a size similar to others in the same vicinity and zone. 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 Resolution No. P-06-01 Page 2 allow the development of the property to fit the current standards of the neighborhood; 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 are at least 1 acre in size; 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 05-26, a request to construct a 2,172-square-foot, two-story, single-family residence, with an attached 655-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 13 feet into the required 40-foot front yard setback; encroaching 1.5 feet into the required 20 foot street side yard setback; encroaching 6 feet 9 inches into the required 20 foot side yard setback; and encroaching 24.5-feet into the required 50 foot rear yard setback. Therefore, the project respects the interdependence of land values and aesthetics to the benefit of the City; and 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; and C. There are public facilities, services and utilities available. The current roads are capable of handling the expected volume 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; and D. The project has been designed to minimize impacts on the surrounding community by constructing a 26-foot-high, two-story residence that is in keeping with the existing neighborhood, and therefore respects the public concerns for the aesthetics of the community. Resolution No. P-06-01 Page 3 Section 4: The findings, pursuant to Government Code Section 66020, for the public improvements for V AR 05-08 and MDRA 05-26, 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 05-08 and Minor Development Review Application 05-26, a request to construct a 2,172-square-foot, two-story, single- family residence with an attached 655-square-foot garage, and for a reduction of all of the setbacks to allow the garage and residence to encroach into the setbacks. The subject property is a vacant lot located at the northwest corner of Aubrey Street and York Avenue, within the Rural Residential C (RR-C) zone. 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 applicants shall submit in writing that all Conditions of Approval have been read and understood. C. The conditions of VAR 05-08 and MDRA 05-26 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. D. If the style of the proposed house is modified from the plans included with this submittal and the house stays within the building envelope approved with this Variance application it will be processed at a staff level. Any increases in the requested setbacks variance will be processed with an application to the City Council. E. If any 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 applicants shall apply for a Grading Permit and submit a grading plan for review and approval to the City Development Services Department. If the above Resolution No. P-06-01 Page 4 conditions do not apply, the applicants shall provide a 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. F. Prior to issuance of a Grading Permit, if required, the applicants 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 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. 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 the Grading Permit. b. Driveways in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, including the minimum structural sections 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. d. Locations of all utility improvements (proposed and existing), together with their appurtenances and associated easements. No encroachments are permitted upon any easement without an approved encroachment agreemenUpermit. e. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City of Poway prior to any installation work. 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-06-01 Page 5 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. Concentrated flows across driveways are not permitted. 4. The applicants 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. 6. The applicant shall have all property boundaries surveyed and staked by a State Licensed Surveyor to the satisfaction of the Director of Development Services prior to issuance of a Grading Permit. G. Prior to the issuance of a Building Permit or Grading Permit, whichever comes first: 1. The applicants 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 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. 2. A $2,000 erosion control cash security deposit shall be posted with the City. 3. The applicants shall provide a payment of $11,860 in lieu of the cost of frontage improvements on York Avenue. H. Prior to issuance of a Building Permit, the applicants shall comply with the following conditions: 1. The site shall be developed in accordance with the approved site plan on file dated October 28, 2005, and floor plans and elevations dated May 27, Resolution No. P-06-01 Page 6 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. (Engineering) 2. Erosion and sedimentation control, including, but not limited to, desiltation basins, shall be installed and maintained by the developer throughout construction of the project. 3. If a Grading Permit is required, rough grading of the lot 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. If there is no pad certification or if the pad certification is more than 3 years old then a soils report or an updated pad certification for the building pad shall be provided to the satisfaction of the Building Division. The new soils report or updated certification shall include the information listed in Uniform Building Code Section 1804 - Foundation Investigation. 5. 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 lather 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. 6. 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. 7. The following development fees shall be paid to the Engineering Division, 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: Meter Expansion Fee % inch $ 130 $3,710 1 inch* $ 270 $6,678 Resolution No. P-06-01 Page 7 $1,430 $3,985 $ 153 Service Line SDCWA Capacity** SDCWA Water Treatment Capacity** $1,430 $6,376 $ 245 *If a 1" meter is required due to fire sprinklers, then 3/4" fees are applicable. **To be paid by a separate check, payable to San Diego County Water Authority. Sewer: Connection Cleanout Cleanout inspection Line Charge Traffic Mitigation Park Drainage = $2,356 = $ 50 per c1eanout = $ 25 per cleanout = $2,000 minimum or $20.00 per lineal foot of sewer main fronting property $ 990 $2,720 $1,570 (Planning) 8. All construction activity on the project site, including equipment preparation (i.e., warming up engines), shall be limited to Section 8.08.100 "Construction Equipment" of the Poway Municipal Code. Grading activities, including equipment preparation, shall be limited to the hours and limitations specified in Section 16.44.140 "Time of Grading and Clearing Operations" of the Poway Municipal Code. 9. All newly constructed living quarters shall be equipped with low-flow plumbing fixtures. 10. An affordable housing fee of $3,672 shall be paid at the issuance of a Building Permit, pursuant to Section 17.26.100 of the Poway Municipal Code. 11. The plans shall indicate the colors and materials for the buildings and shall be to the satisfaction of the Director of Development Services. Samples of the color and materials shall also be provided. 12. Any fence or wall shall not exceed 6 feet. Any retaining 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. Resolution No. P-06-01 Page 8 I. The applicants shall comply with the following prior to approval of occupancy: (Engineering) 1. The street improvements, on-site driveway, drainage improvements, slope landscaping and protection measures, and 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 Engineering Inspector. 3. The applicants shall repair any and all damages to the streets caused by construction activity from this project, to the satisfaction of the City Engineer. 4. All proposed utilities within the project site shall be installed underground. 5. If a Grading Permit is required, 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 secu rities. (Planning) 6. Street trees, a minimum of 15-gallon size or larger, shall be installed in accordance with the Poway Guide to Landscape Requirements. Individual automatic irrigation systems shall be provided to serve the required street trees. A minimum of two street trees shall be provided, one on York Avenue and one on Aubrey Street, or two on Aubrey Street. The trees shall be planted behind the Right-of-Way line for either street. The proposed location of the required street trees and species shall be shown on the site plan for Building Division review or on a separate site plan to the Planning Department. J. The applicants 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 Resolution No. P-06-01 Page 9 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. Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways with all-weather driving surface of not less that 16 feet of unobstructed width, with adequate roadway turning radius, capable of supporting the imposed loads of fire apparatus, and having a minimum of 13 feet 6 inches of vertical clearance. The road surface type shall be approved by the City Engineer pursuant to the City of Poway Municipal Code. Section 6: The approval of Variance 05-08 and Minor Development Review Application 05-26 shall expire on Januarv 10. 2008. at 5:00 p.m. unless the applicants and/or property owner obtains of a Building Permit. Section 7: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicants may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on January 10, 2006. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, this 10th day of January 2006. yor ATTEST: ~~ City of Poway Resolution No. P-06-01 Page 10 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-06-01 duly adopted by the City Council at a meeting of said City Council held on the 10th day of January 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA NOES: NONE ABSENT: REXFORD DISQUALIFIED: NONE ?3:~~~ City of Poway