Res P-06-07
RESOLUTION NO. P-06-07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 05-19
AND DEVELOPMENT REVIEW 05-11
ASSESSOR'S PARCEL NUMBERS 323-090-59 and 323-090-67
WHEREAS, a request for a Variance (VAR 05-19) and Development Review
(DR 05-11) were submitted by Gregg Brandalise and Ted Neher for approval to
construct 6 single-family homes on 6 lots of Tentative Tract Map 04-02, a guest house,
and 2 unlighted recreational courts, and to allow a 10-foot-high chain link fence for one
of the recreational courts to be located within 3 feet of a series of 2 retaining walls,
where a series of 2 retaining walls and/or fences is the maximum allowed, and where
the wall and fence are required to be offset by 5 feet of landscaping. The subject
vacant property is located at the southern terminus of Welton Lane, within the Rural
Residential C (RR-C) zone and the Gate Drive Specific Plan area; and
WHEREAS, the City Council approved Tentative Tract Map 04-02 to subdivide
an approximately 17.0-acre, vacant property located at the southern terminus of Welton
Lane into six (6) residential lots and three (3) open space lots; and
WHEREAS, the City Council has read and considered the Agenda Report for the
proposed project and has considered other evidence presented at the public hearing;
and
WHEREAS, on January 24, 2006, the City Council held a public hearing on the
above-referenced item.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that the proposed DR has been adequately
addressed in, and is within the scope of, the Mitigated Negative Declaration (MND)
approved for TTM 04-02 on May 17, 2005. Therefore, no additional environmental
review is required.
The Variance is Categorically Exempt from the California Environmental Quality Act
(CEQA), as a Class 5 Categorical Exemption, pursuant to Section 15305 of the CEQA
Guidelines, in that the project involves a minor alteration in land use limitations on a
property with an average slope of less than 20 percent. Therefore, no additional
environmental review is required.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code, to approve Variance 05-19, to allow a 10-foot-high chain link fence for
a recreational court to be located within 3 feet of a series of 2 retaining walls, where a
series of 2 retaining walls and/or fences is the maximum allowed. and where the wall
Resolution No. P-06-07
Page 2
and fence are required to be offset by 5 feet of landscaping, for a proposed single-
family residence located on Lot 1 of TTM 04-02, at the southern terminus of Welton
Lane, within the Rural Residential C (RR-C) zone and the Gate Drive Specific Plan
area, as shown on the site plan dated December 14, 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
property is irregularly shaped and the developable area of the property is greatly
reduced by a disproportionately long front property line; 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
fence and wall combination creates more useable yard area that other single-
family residences with a similar lot size and average slope are allowed; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the height of the proposed wall and fence
combination will be lower than the height of the residence, and the fence will be
dark-colored, vinyl-clad chain link that is not visually obtrusive; 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 Gate Drive Specific Plan area have tennis courts
with fencing; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C zone because 10-foot-high fencing is permitted in
conjunction with a sport court, and retaining walls are permitted 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 DR 05-11 are made as follows:
A. The project is consistent with the Poway General Plan and the Gate Drive
Specific Plan in that it involves the construction of 6 single-family residences, a
guest house, and 2 unlighted recreational courts on land designated for single-
family development. The project has been designed to comply with the
development standards for the Gate Drive Specific Plan area.
Resolution No. P-06-07
Page 3
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project's infrastructure improvements, grading,
and home construction are in full compliance with all City development
standards.
C. That the project is in compliance with the Zoning and Grading Ordinances in that
the project complies with all City development standards of the Gate Drive
Specific Plan area, including those relating to building setbacks, building heights,
lot coverage, and all City grading requirements.
D. That the development encourages the orderly and harmonious appearance of
structures and property within the City as the surrounding properties include
single-family residences.
Section 4: The findings in accordance with Govemment Code Section 66020 for the
public improvements are 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 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 water, sewer, drainage, park, affordable
housing, and traffic mitigation fees, which are assessed on a pro-rata
basis to finance 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 05-19 and Development
Review 05-11, a request to construct 6 single-family homes on 6 lots, a guest house on
Lot 6, and 2 unlighted recreational courts on Lots 1 and 6, pursuant to Tentative Tract
Map 04-02, and a request to allow a 10-foot-high chain link fence for one of the
recreational courts to be located within 3 feet of a series of 2 retaining walls, where a
series of 2 retaining walls and/or fences is the maximum allowed, and where the wall
and fence are required to be offset by 5 feet of landscaping. The subject property is
vacant property located at the south em terminus of Welton Lane, within the Rural
Residential C zone and the Gate Drive Specific Plan area. The approval is based on
plans submitted on October 28, 2005, and December 14, 2005, and is subject to the
following conditions:
(Planning)
A. Approval of this Variance and Development Review shall apply only to the
subject project and shall not waive compliance with all other Sections of the
Resolution No. P-06-07
Page 4
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
Building Permit issuance.
B. The conditions of VAR 05-19 and DR 05-11 shall remain in effect for the life of
the subject residences, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner
C. DR 05-11 is subject to all Conditions of Approval established for TTM 04-02
under City Council Resolution P-05-32.
D. Within 30 days of this approval, the applicant shall submit in writing that all
Conditions of Approval have been read and understood.
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:
1. The Final Map for TTM 04-02 shall be recorded.
(Engineering)
2. Prior to Building Permit issuance on each lot, unless other timing is
indicated, the following conditions shall be complied with.
a. Completion of and approval by the City of rough grading of each
lot.
b. City approval of soils' compaction report.
c. City approval of a certification of line and grade issued and
prepared by the project's civil engineer.
d. Completion of fire hydranUs and appurtenances' installation on Sky
Mountain Trail, satisfactory to the City Fire Marshal.
3. A $2,000 sediment control/site clean up cash security for each lot shall be
posted with the City.
4. 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 during any earthwork
operations.
Resolution No. P-06-07
Page 5
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.
5. Erosion control, including, but not limited to, de-silting basin(s), shall be
installed and maintained by the property owner throughout construction of
the project.
6. The site shall be developed in accordance with the approved site plans
and Conditions of Approval on file in the Development Services
Department and the conditions contained herein.
7. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading.
8. 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.
9. The following development fees shall by paid 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
Base caDacity fee
0/." meter =
1" meter =
1%" meter =
Other meter sizes =
$ 3,710.00 per meter
$ 6,678.00 per meter
$10,388.00 per meter
Contact Engineering Division
Note: If size of meter is to be changed to 1" because of fire
sprinkler requirement as imposed by the City Fire Marshal, no
additional water base capacity fee shall be paid. But if the existing
0/." meter is to be upsized for reasons other than the fire sprinkler
requirement, then additional fees shall be paid in accordance with
the following schedule per Resolution No. 91-123:
Water meter fee (Resolution No. 91-123)
0/." meter
l' meter
1 %" meter
=
$130.00 per meter
$270.00 per meter
$600.00 per meter
=
=
SDCW A Capacity Charoe -
0/." meter =
1" meter =
Other meter sizes =
Resolution No. P-06-07
Page 6
$3,985.00 per meter
$6,376.00 per meter
Contact Engineering Division
SDCW A W ater Treatment Charoe -
0/." meter
1" meter
=
=
$153.00 per meter
$245.00 per meter
Note: If size of meter is to be changed to 1" because of fire
sprinkler requirement as imposed by the City Fire Marshal, no
additional SDCWA base capacity charge shall be paid. But if the
existing 0/." meter is to be upsized for reasons other than the fire
sprinkler requirement, then additional fee shall be paid in
accordance with the following schedule. This schedule of fees is
currently in effect and is subject to change without notice.
Sewer
Connection Fee
Cleanout Fee
Cleanout Inspection Fee =
Traffic mitioation fee
Park fee
Drainaoe fee
=
$7,068.00
(6 lots x $1,178 each.
Represents 50% balance of fee)
=
=
$300.00
(6 lots x $50.00 per c1eanout)
=
=
$150.00
(6 lots x $25 per c1eanout)
=
$5,940.00
(6 lots x $990)
$16,320.00
(6 lots x $ 2,720)
$7,200.00
(6 lots x $1,200)
=
=
=
=
=
(Public Works)
10. A Recreational Trail Easement(s) shall be dedicated to feed Welton Lane
into the South Poway Trail to the satisfaction of the Director of Public
Works. The width and location of the trail shall be determined by the City.
Resolution No. P-06-07
Page 7
(Building)
11. The site plan shall show the elevation of the finished floor of the buildings
and the manhole(s). Plumbing fixtures that are lower than the next
upstream manhole shall be protected by a backwater valve.
(Planning)
12. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department, and the conditions
contained herein. Grading of the lot shall be in accordance with the
Uniform Building Code, the City of Poway Grading Ordinance, the
approved grading plan, the approved soils report, and grading practices
acceptable to the City.
13. Affordable Housing In-Lieu Fees, pursuant to Section 17.26.100 of the
Poway Municipal Code, shall be paid prior to the issuance of a Building
Permit for each lot.
14. 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) 679-2570.
15. A revised site plan shall be submitted that shows the following:
a. The front yard setback for Lots 1, 5 and 6 is 40 feet and the front
yard setback for Lots 2, 3, and 4 is 24 feet.
b. Street trees to be planted in accordance with requirements listed in
the Poway Guide to Landscape Requirements.
c. Permanent poles, a minimum of 4' in height and a maximum of 6'
in height, at a maximum spacing of 40', to be installed between the
approved development area of the Lots and the Biological
Conservation Easement bordering the area, to delineate in
perpetuity the conservation values and function of the property to
the satisfaction of the Director of Development Services.
16. Exterior building materials and finishes shall reflect the approved
elevations on file with the City, and the exterior finishes shall consist of
muted earth tones and a tile roof, and shall be noted on the building plans
to the satisfaction of the Director of Development Service.
17. The plans shall show that outdoor lighting is shielded down and away
from adjacent open space and biological mitigation areas as required by
the Poway Subarea Habitat Conservation Plan.
Resolution No. P-06-07
Page 8
18. All living quarters shall be equipped with low-flow plumbing fixtures.
19. The guest house on Lot 6 shall not exceed 25 percent in floor area of the
living area of the main residence.
20. The property owner of Lot 6 shall sign and record a deed covenant which
shall state that "In consideration of the approval by the City of Poway,
("CITY" hereinafter) of Development Review 05-11, involving a detached
guest house/studio, OWNER hereby agrees that no portion of the guest
house/studio shall ever be rented or leased as a separate unit, and that
no complete kitchen facilities shall ever be installed".
21. Except for recreational court fencing, the maximum height of any fence or
wall or combined fence and wall shall not exceed 6'0" feet. Any proposed
walls shall be of decorative block or stucco finish consistent With the
exterior of the proposed residence and blend in with the surrounding
native vegetation.
22. The recreational courts shall comply with the following, per Chapter 17.30
of the Poway Municipal Code:
a. A maximum ten-foot-high fence (measured from the finished grade
of the court) is not to be located within the front yard setback.
b. A minimum ten-foot side yard or ten-foot rear yard setback from the
property line to the court fencing.
c. Fencing, support posts, and fixtures for the recreation court shall
be constructed using non-combustible materials, and painted a
dark, non-reflective color so as to reduce their overall visibility.
Vinyl-coated chain link fencing is acceptable.
d. Landscaping, consisting of 15-gallon evergreen trees and 5-gallon
evergreen shrubs, shall be installed adjacent to the court fencing to
reduce visibility from the surrounding properties to the satisfaction
of the' Directors of Development Services and Safety Services.
e. The recreational courts shall not be lighted. Any future lighting of
the recreational courts is subject to approval of a separate Minor
Conditional Use Permit and shall be subject to City Council
approval.
23. The applicant shall submit landscape and irrigation plans, pursuant to the
Poway Guide to Landscape Requirements. The landscape and irrigation
plan shall identify plant species, sizes, and automatic irrigation for all
Resolution No. P-06-07
Page 9
manufactured slopes greater than a 5:1 slope, screening of sport courts,
street trees, location and detail of retaining walls, open space staking, and
Fire Management zones consistent with the approved Fire Management
zones and the poway Guide to Landscape Requirements. The plan shall
show the poles required to delineate the limits of the Biological
Conservation Easement. Slope landscape materials shall be consistent
in color palette of the native Diegan Coastal Sage Scrub unless not visible
from the valley floor. A $525.00 plan check fee/deposit is required with
the landscape plan submittal package.
24. The applicant shall comply with the Poway Guide to Landscape
Requirements as it relates to Fire Management zones to the satisfaction
of the Director of Safety Services.
F. Prior to issuance of Certificate of Occupancy of any home, or as otherwise
noted, the following shall be complied with:
1. The site of the respective lot shall be developed in accordance with the
approved plans on file in the Development Services Department and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
2. All Conditions of Approval listed in Resolution No. P-05-32 shall be
completed to the satisfaction of the Director of Development Services.
(Engineering)
3. Driveways, drainage facilities, slope landscaping and protection
measures, and utilities for each respective lot, shall be constructed,
completed, and inspected by the Engineering Inspector. The driveway
shall be constructed in accordance with Section 17.08.170D of the Poway
Municipal Code, and its structural section shall be shown on the grading
plan.
4. An adequate drainage system around each new building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
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.
6. Prior to the issuance of Certificate of Occupancy of the last house, the
applicant shall repair any and all damages to the streets caused by
Resolution No. P-06-07
Page 10
construction activity from this project, to the satisfaction of the City
Engineer.
(Public Works)
7. Prior to the issuance of Certificate of Occupancy of Lots 1 or 6, a
recreational trail shall be completed to the satisfaction of the Director of
Public Works.
(Planning)
8. Permanent poles shall be installed on the respective lot between the
approved development area of the parcel and the Biological Conservation
Easement bordering the area per the approved site and landscape plans.
9. All landscaping on a lot shall be planted on the respective lot pursuant to
the Poway Guide to Landscape Requirements and the approved
landscape plans.
Section 6: The approval of VAR 05-19 and DR 05-11 shall expire on Januarv 24.
2008. at 5:00 p.m., unless, prior to that time, a Building Permit has been issued for at
least one of the lots and construction on the property in reliance on the Variance and
Development Review has commenced prior to their 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 January 24, 2006.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 24th day of January 2006.
ATTEST:
~~
L. lane Shea, City Clerk
Resolution No. P-06-07
Page 11
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-06-07 was duly adopted by the City
Council at a meeting of said City Council held on the 24th day of January 2006 and that
it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: BOYACK
DISQUALIFIED: NONE
~b~
L Di e Shea, City Clerk
City of Poway