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
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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,
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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
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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