Res P-06-14
RESOLUTION NO. P-06-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 05-20 AND
MINOR DEVELOPMENT REVIEW APPLICATION 05-73
ASSESSOR'S PARCEL NUMBER 321-220-08
WHEREAS, Variance (VAR) 05-20 and Minor Development Review Application
(MDRA) 05-73; Mark and Tina Kuhlmann, Applicants, request approval to construct a
5,405-square-foot, two-story residence with an attached 420-square-foot guest house,
and an attached 865-square-foot garage on the graded, vacant property located on
Golden Sunset Court within the Rural Residential B High Valley Zone and known as
Parcel 1 of Parcel Map 10313. The applicants are also requesting approval to allow the
residence to encroach up to 40 feet into the required 40-foot front yard setback; and
WHEREAS, on March 21, 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 City Council finds that this project is Categorically Exempt from the
California Environmental Quality Act (CEQA), as a Class 5 and Class 3 Categorical
Exemption, pursuant to Section 15305 and 15303 of the CEQA Guidelines, in that the
project involves a minor alteration in land use limitations and the construction of a single-
family home.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 05-20 to allow a 5,405-square-foot, two-story residence, with
an attached 420-square-foot guest house, and an attached 865-square-foot garage on
the graded, vacant property located on Golden Sunset Court, within the Rural Residential
B High Valley zone, and known as Parcel 1 of Parcel Map 10313 to encroach up to 40
feet into the required 40-foot front yard setback, as shown on the site plan dated
November 30, 2005, 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 the fact that the subject lot is
constrained by: (1) a sizeable natural drainage area that traverses the southerly
half of the property, and (2) excessive easement encumbrances (a 60-foot-wide
private road easement and a 20-foot-wide private road easement) restrict where
the house can be sited to observe adequate buffer from the drainage area; 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
Resolution No. P-06-14
Page 2
and not afforded to the property for which the Variance is sought because the
developable area of the lot is constrained by the sizeable natural drainage area
that traverses the southerly half of the property and excessive road easement
encumbrances that restrict where the house can be sited; 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 will be served by
City water and sewer service, and the residence will be sited clear of the two
historic on-site private road easements which have experienced little to no access
use in the past; 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
the surrounding properties have been developed with single-family homes; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-B High Valley zone because a single-family home is a
permitted use; 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 to approve Minor Development Review Application 05-73 as shown on plans dated
November 30, 2005, on file with the Planning Division, are made as follows:
A. That the approved project is consistent with the General Plan as it proposes the
construction of a single-family residence on property that is designated for rural
residential use. Therefore, the proposed use respects the interdependence of
land values and aesthetics to the benefit of the City; and
B. That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties, as the residence
is consistent with surrounding residential development. Therefore, the proposed
design, size, and scale of the proposed residence is compatible with and will not
adversely affect, or be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources; and
C. That the granting of the Minor Development Review would not be materially
detrimental to the public health, safety, or welfare since the proposed use will
complete improvements as deemed necessary; and
D. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City as the neighboring
Resolution No. P-06-14
Page 3
properties consist of rural residential estate lots. Therefore, the proposed
development respects the public concerns for the aesthetics of development; and
E. That the proposed use will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity nor be
contrary to the adopted General Plan; and
F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan.
Section 4: The City Council hereby approves Variance 05-20 and Minor Development
Review Application 05-73, to allow the construction of a 5,405-square-foot, two-story
residence with an attached 420-square-foot guest house, and an attached 865-square-
foot garage on the graded, vacant property located on Golden Sunset Court, within the
Rural Residential B High Valley zone, and known as Parcel 1 of Parcel Map 10313, to
encroach up to 40 feet into the required 40-foot front yard setback, as shown on the site
plan dated November 30, 2005, 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 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. All construction and grading traffic associated with the project shall access the site
via Golden Sunset Lane and Golden Sunset Court.
E. Prior to construction the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
(Engineering)
1. This is a pre-graded site, as per Grading Permit number G1435-03. If any
additional grading is to exceed 50 cubic yards of earthwork, or any new cut
is greater than two feet in depth and creates a cut slope steeper than 2:1
(two horizontal to one vertical), or any new fill is more than one foot in
height, the applicant shall apply for a new Grading Permit and submit a
grading plan for review and approval to the City Development Services
Department.
Resolution No. P-06-14
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Note: The site plan shows that a portion of the structure will be constructed
into the existing slope on the southwest corner. The method of construction
shall be clarified for additional Engineering Division review for a Grading
Permit determination. It is required that structures observe a minimum
5-foot setback from tops and toes of all slopes, unless waived by the City.
The site plan must indicate if the construction involves the provision for
building retaining/restraining walls.
If the above conditions do not apply, the applicant shall provide a letter from
a State registered civil engineer or licensed architect certifying the
conditions stated above do not exist and indicate the actual quantity of
earthwork involved for the proposed residence, and pay a $500 inspection
fee.
2. A $2,000 cash security deposit for erosion prevention and sediment control
shall be posted with the City.
3. The property owner shall attend a pre-construction meeting, at which time
he shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control shall be provided using one or more of the
following guidelines:
a. Provide an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all flat areas prior to discharge, effectively creating a de-silting
basin from the pad.
4. Erosion control, including, but not limited to, a de-silting basin, shall be
installed and maintained by the owner throughout construction of the
project.
5. The site shall be developed in accordance with the approved site plans and
Conditions of Approval on file in the Development Services Department for
Parcel Map 10313, and the conditions contained herein.
6. Construction staking is to be installed by contractor, and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading.
7. The following development fees shall be paid to the Engineering Division:
Resolution No. P-06-14
Page 5
Water
Meter
o/.-inch
1-inch*
Cost
$130
$270
Expansion
$3,710
$6,678
SDCWA-Svs. Cap**
$4,154
$6,646
SDCWA-Treat. Cap**
$159
$255
* If a 1" meter is required only for fire safety/sprinklers, the o/.-inch fees for
expansion and SDCWA will apply.
** To be paid by separate check to San Diego County Water Authority.
Notes:
For larger size meter, contact the Engineering Division for prices.
Existing 1.5-inch water service. Works with either o/.-inch or 1-inch meter.
Sewer
Connection
$2,356
Clean-out
$50
Inspection
$25
Traffic Mitigation
Parks
Drainage
$ 990
$2,720
$1,570
(Planning)
8. The site shall be developed in accordance with the approved plans dated
November 30, 2005, and Conditions of Approval on file 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.
9. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance.
10. Building Permit plans shall show the proposed colors, texture and type of
the exterior building materials for the residence.
11. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway School District for
additional information at (858) 679-2570.
12. The plans shall show all existing and new utilities placed underground.
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13. Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500 (fee
based on a 5,405-square-foot house).
14. The project site plan shall be revised as follows:
a. The proposed 1,000-gallon propane tank shall be relocated to the
southeasterly corner of the building pad.
b. The existing rip rap drainage swale located at the west end of the
underground drain pipe that runs along the northerly limits of the
building pad shall be modified to add an earthen berm along the
westerly rim of the swale to provide a more defined channel and
allow greater containment of runoff.
F. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with
the following:
(Engineering)
1. The utility services for the residence, as well as the site drainage facilities,
and slope landscaping and protection measures shall be provided by the
property owner and inspected by the Engineering Inspector. An adequate
drainage system around the house capable of handling and disposing all
surface water shall be provided to the satisfaction of the Engineering
Inspector. Runoff shall not be permitted to pond near the house foundation,
nor to cause surface erosion along the slopes.
2. All proposed utility services within the project site shall be installed
underground.
3. The property owner shall repair, to the satisfaction of the City Engineer, any
and all damages to the streets caused by construction activity from this
project.
4. A 20-foot-wide public easement for the water line to serve Parcel Map
10313 shall be recorded at the County Recorder's office. The easement
shall be dedicated to City of Poway, and shall be reviewed by the
Engineering Division prior to recording.
5. A Private Road Maintenance Agreement, in a form satisfactory to the City
Attorney, for Golden Sunset Lane and Golden Sunset Court, between
Espola and the driveway serving this property, shall be executed by the
property owner and submitted to Engineering Division. Said agreement is
to comply with Ordinance No. 280, and Section 12.20.060 of the Poway
Municipal Code.
Resolution No. P-06-14
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6. The final record drawings for the completed grading project for the
subdivision, as per grading plan number G1435-03, shall be submitted to
Engineering Division for approval prior to release of project securities.
(Planning)
7. All exposed slopes greater than 5:1 slope shall be planted and irrigated in
accordance with the approved Brush Management/Landscaping Plan.
G. The following improvements shall be constructed to the satisfaction of the Director
of Safety Services:
1. Roof covering shall be fire retardant as per 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. The address 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.
5. Dead end access roadways in excess of 150 feet long shall be provided
with approved provisions for the turning around of Fire Department
apparatus. Curves and topographical conditions could alter the
requirements for turnarounds and the width of access ways.
6. The access roadway shall be extended to within 150' 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 Chief.
7. A residential fire sprinkler system with a one-inch meter will be required for
all portions of the structure. Plans shall be submitted to the Poway Fire
Department, Division of Fire Prevention for approval prior to installation. (If
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a one-inch lateral off the street main is currently not present, one will have
to be installed.
8. If an electric powered gate is proposed across the access way then the
residence shall have a Knox override key switch that shall be ordered
through the Poway Fire Department.
Section 5: The approval of Variance 05-20 and Minor Development Review Application
05-73 shall expire on March 21, 2008, unless a Building Permit has been issued, and
construction or use of the property in reliance on this permit has commenced prior to its
expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21st day of March 2006.
ATTEST:
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Resolution No. P-06-14
Page 9
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-06-14, was duly adopted by the
City Council at a meeting of said City Council held on the 21st day of March 2006, and
that it was so adopted by the following vote:
AYES: BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
DISQUALIFIED: EMERY
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