Res P-06-49
RESOLUTION NO. P-06-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 06-03 AND MDRA 06-17
ASSESSOR'S PARCEL NUMBER 321-011-25
WHEREAS, Variance (VAR) 06-03 and Minor Development Review Application
06-17; Ahmad Razaghi, Applicant, request approval to construct a 3,892-square-foot,
two-story residence on Parcel 1 of Parcel Map 10915, located on Huntington Court.
The applicants request a Variance approval to allow the residence to observe a 15-foot
front yard setback, when a 30-foot setback is required in the Residential Single-Family 2
(RS-2) zone; and
WHEREAS, on October 17, 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 3 and Class 5 Categorical
Exemption, pursuant to Sections 15303 and 15305 of the CEQA Guidelines, in that the
project involves the construction of a single family home and minor alteration in land use
limitations.
Section 2: Pursuant to the City of Poway Subarea Habitat Conservation Plan
(PSHCP), biological survey reports prepared by Vince Scheidt, Biological Consultant,
dated October 2005, were submitted for the property. Development of the site will
impact approximately 0.36 acres of Coastal Sage Scrub (CSS) habitat located on
property that is outside of the Mitigation Area of the PSHCP. In accordance with the
PSHCP, the required findings for approval of the proposed mitigation for the removal of
the referenced habitat for MORA 06-17 are as follows:
A. The proposed project is outside of the Mitigation Area of the PSHCP. The
mitigation is consistent with and furthers the implementing objectives of the
PSHCP in that the applicant will mitigate impacts to CSS habitat at a 1: 1 ratio.
Said mitigation will be through the off-site dedication of a Biological Conservation
Easement Deed preserving comparable, undisturbed and unencumbered habitat
of equal or greater conservation value located within the PSHCP Mitigation Area.
Mitigation for project impacts to CSS habitat has the option of being
accomplished by payment of a Mitigation In-Lieu Fee at the established rate;
presently $10,000/acre.
B. Preservation of such habitat within the Mitigation Area will contribute toward the
building of the ultimate total Mitigation Area preserve system of the PSHCP.
Resolution No. P-06-49
Page 2
Therefore, such habitat preservation will serve to enhance the long-term viability
and function of the preserve system.
C. The habitat preserved through off-site dedication, or purchased by Habitat
Mitigation In-Lieu Fees paid, will be to the long-term benefit of the PSHCP
covered species and their habitats in that the recordation of a Biological
Conservation Easement Deed over undisturbed and unencumbered habitat (See
"A" above) and/or the payment of In-Lieu Fees, will promote a meaningful
addition to the assembly of a viable regional system of uninterrupted natural
habitat resources, habitat linkages, buffers, and a wildlife corridor.
D. The preserved habitat will foster the incremental implementation of the PSHCP in
an effective and efficient manner in that the preservation of off-site conservation
area(s) will be within an identified Mitigation Area within the City, and/or the
payment of In-Lieu Fees will likewise contribute towards, assembling the total
Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent public
Biological Conservation Easement Deeds or In-Lieu Fees will be paid.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code (PM C), to approve VAR 06-03 to allow the proposed residence to
observe a 15-foot setback when 30 feet is required in the RS-2 zone as shown on the
site plan dated August 22, 2006, 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 development on
the subject lot is constrained by an Open Space Easement and sensitive riparian
habitat on the easterly approximately 0.45-acres of the 0.9 acre property, thereby
making it difficult to site a house that can comply with the front yard setback and
maintain an adequate buffer from the open space area and riparian habitat.
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 lot is constrained by an Open Space Easement and the
sensitive riparian habitat.
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that there are adequate public services
available in the area to serve the proposed residence.
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Page 3
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.
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized in that single-family homes are permitted in the RS-2 zone.
F. That the proposed Variance will be compatible with the City's General Plan
because a single-family home is permitted within the RS-2 zone and will not
result in a density increase.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal Code
to approve MDRA 06-17 as shown on plans dated August 22, 2006, 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
residential use. Therefore, the proposed use respects the interdependence of
land values and aesthetics to the benefit of the City.
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.
C. That the granting of the MDRA would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements as
deemed necessary.
D. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City as the neighboring
properties consist of low-density residential lots. Therefore, the proposed
development respects the public concerns for the aesthetics of development.
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.
F. That the proposed development will comply with each of the applicable
provisions of the Zoning Ordinance and the General Plan.
Section 5: The City Council hereby approves VAR 06-03 and MDRA 06-17, to allow
the construction of a 3,892-square-foot, two-story residence on Parcel 1 of Parcel Map
Resolution No. P-06-49
Page 4
10915, located on Huntington Court within the Residential Single-Family 2 zone and for
the residence to observe a 15-foot front yard setback as shown on the site plan dated
August 22, 2006, 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. Prior to issuance of a Grading Permit:
(Engineering)
1. A grading plan for 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. As a
minimum, the grading plan shall show the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) ratio.
Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space areas and property lines.
Structures 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 a Grading Permit.
b. Driveway, in compliance with the specifications provided in Section
17.08.170D of the PMC, and including minimum structural section
together with its elevations and grades.
c. A separate erosion prevention and sediment control plan for
construction activities.
d. All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved encroachment
agreement.
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Page 5
e. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work.
f. Top and bottom elevations of proposed retaining walls. The
maximum height of any walls or combination of fences and walls
shall not exceed six (6) feet in height.
g. Water and sewer connections to the house.
h. Show required 6-foot-high noise wall in accordance with the Noise
Study prepared by Dudek and Associates, dated July 3, 2006.
i. Show limits of Open Space Easement.
j. Note limits of required Biological Conservation Easement (BCE)
Deed. Said limits shall include the existing Open Space Easement
and the riparian habitat as identified in the Biological Survey
prepared by Vincent Scheidt, Biological Consultant, dated October
2005.
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.
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. Large concentrated flows over the driveway and into the street
are prohibited.
4. The applicant shall pay all applicable engineering plan checking, permit,
and inspection fees, based on the engineer's construction cost estimate.
The construction estimate for the driveway shall be included in the cost
estimate.
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. A minimum of $2,000
cash security deposit for erosion prevention and sediment control is also
required.
6. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
Resolution No. P-06-49
Page 6
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 three inches
of water over all areas prior to discharge, effectively creating a
de-silting basin from the pad.
7. 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.
(Planning)
8. According to the habitat assessment and area calculations prepared by
Vincent Scheidt, Biological Consultant, dated October 2005, the project
will impact 0.36 acres of CSS. Impacted CSS shall be mitigated at a 1:1
ratio with 0.36 acres of undisturbed, unencumbered similar quality and
type native habitat. Mitigation for the impacts to the CSS may have the
option of being accomplished by payment of a Mitigation In-Lieu Fee at
the established rate; presently $10,000/acre. Habitat mitigation shall be
completed as follows:
a. The subject property is located outside of the PSHCP Mitigation
Area; therefore, the off-site dedication of 0.36 acres of habitat is
required. Said off-site dedication shall require the applicant to
dedicate 0.36 acres of in-kind habitat in a Biological Conservation
Easement. Said Conservation Easement shall be approved by the
Director of Development Services, and shall be notarized and
recorded withthe County of San Diego at the applicant's expense.
In compliance with the PSHCP, the City shall subsequently re-zone
the mitigation land to Open Space-Resource Management to
ensure its permanent preservation. The applicant may opt to
complete the mitigation requirement for the CSS habitat impacts
only through the payment of a Habitat Mitigation In-Lieu Fee.
Resolution No. P-06-49
Page 7
b. In accordance with Condition H of the PSHCP Incidental Take
Permit, a take of active California Gnatcatchers nests, which
includes harassment of the bird due to grading noise and vibrations
from February 15 through July 1, is not permitted. Therefore,
grading during this timeframe will only be permitted subject to the
following conditions having been met to the satisfaction of the
Director of Development Services.
The applicant is hereby advised that, during grading, if active nests
are found within 500 feet of the grading, the grading activity shall be
stopped until such time as mitigation measures to the satisfaction of
the City and the United States Fish and Wildlife Service (USFWS)
are implemented. There is no guarantee that grading will be
allowed to resume.
. If grading or clearing is to occur between February 15 and
July 1, the applicant shall provide to the Planning Division a
letter from a qualified biologist (retained by the applicant)
with a scope of work for CSS habitat and Gnatcatcher
survey, and a report for the area to be cleared and/or graded
and CSS habitat areas within 500 feet of such area. The
biologist shall contact the United States Fish and Wildlife
Service (USFWS) to determine the appropriate survey
methodology. The purpose of the survey is to determine if
any active Gnatcatcher nests are located in the area to be
cleared or graded, or in CSS habitat within 500 feet of such
area. To be considered qualified the biologist must provide
the City with a copy of a valid Gnatcatcher Recovery Permit
from the USFWS.
. The scope of work shall explain the survey methodology for
the biological survey and the proposed Gnatcatcher nest
monitoring activities during the clearing/grading operation.
. Should the report show, to the satisfaction of the Director of
Development Services, that Gnatcatcher nests are not
present within the area to be graded/cleared or within
CSS habitat located within 500 feet of said area, approval
may be granted to commence clearing/grading within
the Gnatcatcher nesting season from February 15 through
July 1.
. If Gnatcatchers are present within the area to be
graded/cleared or within CSS habitat located within 500 feet
of said area no grading will be allowed during this time.
Resolution No. P-06-49
Page 8
c. The biologist must attend the City's pre-construction meeting for the
project and must be present on-site during all clearing/grading
activities to monitor that the clearing/grading activities stay within
the designated limits. During this period, the biologist shall also
monitor and survey the habitat within the area to be cleared/graded
and any habitat within 500 feet of said area on a daily basis for any
evidence that a Gnatcatcher nest(s) exists or is being built. Weekly
monitoring summaries shall be submitted to the Planning Division
of the Development Services Department. Should evidence of a
Gnatcatcher nest(s) be discovered, the grading operation shall
cease in that area and be directed away from the Gnatcatcher
nest(s) to a location greater than 500 feet away from the nest(s). If
grading is required to stop due to the presence of active nests, the
applicant shall provide erosion control to the satisfaction of the City
Engineer. This paragraph must be included as a note on the cover
sheet of the clearing/grading plan.
d. Upon completion of the clearing/grading activities, the applicant's
biologist shall submit to the Director of Development Services a
biological monitoring report summarizing the daily observations of
the biologist, including whether any Gnatcatchers or evidence of
active Gnatcatcher nests were present during clearing and grading
activities within the area and any habitat within 500 feet of said
area.
e. At a minimum, all protected areas, as shown on the grading plan,
shall be staked by a licensed surveyor, and delineated with lathe
and ribbon. The applicant shall have said staking inspected by the
Engineering Inspector prior to any grading, clearing, or grubbing.
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.
f. The biologist shall provide the City with written confirmation that the
limits of clearing/grading are in accordance with the project's
Biological Resource Assessment.
9. A BCE shall be recorded over the existing Open Space Easement area,
as well as the approximate 0.36 acres of CSS on the property. The BCE
shall not encumber the area identified as the ultimate right-of-way for the
Espola Road per Espola Road Widening Design Study prepared by
Berryman & Henigar.
Resolution No. P-06-49
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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. The applicant shall submit documents to the City for an Irrevocable Offer
of Dedication of Public Right-of-Way along the property frontage on
Espola Road. It is anticipated that the width of the dedication will range
from 30 to 40 feet. The precise area of the required dedication shall be
confirmed with the Engineering Division of the Development Services
Department, and the applicant's engineer shall prepare the legal
description and plat map for the right-of-way dedication. The irrevocable
offer shall be recorded prior to the issuance of a Building Permit. The
easement-processing fee is $1,000, and shall be submitted with the legal
description and plat map.
2. The site shall be developed in accordance with the approved site plans
and conditions of approval 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.
3. Erosion control, including, but not limited to, de-silting basins, shall be
installed and maintained by the developer throughout the duration of the
project.
4. Rough grading of the lot is to be completed and is to 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.
5. The following development fees shall be paid to the Engineering Division:
Water:
Meter
Expansion Fee
Service Line
SDCWA System Capacity..
SDCWA Treatment Capacity..
0/. inch
$ 130
$3,710
$1,430
$4,154
$ 159
1 inch
$ 270
$6,678.
$1 ,430
$6,646
$ 255
.If a 1" meter is required due to fire sprinklers, 0/." fees will apply.
..To be paid by separate check to the SDCWA.
Resolution No. P-06-49
Page 10
Sewer:
Connection In-direct Benefit
$2,356 $500
Clean out
$50
Inspection
$25
Traffic Mitigation
Park
Drainage
$ 990
$2,720
$1,570
6. Prior to start of work within any City-held easement or right-of-way, such as
construction of the driveway, 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.
(Planning)
7. The site shall be developed in accordance with the approved plans dated
August 22, 2006, 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.
8. 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.
9. Building Permit plans shall show the proposed colors, texture and type of
the exterior building materials for the residence.
10. 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.
11. The plans shall show all existing and new utilities placed underground.
12. Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500
(fee based on a 3,892-square-foot house).
13. Pursuant to the requirements of the site Noise Study prepared by Dudek
and Associates, dated July 3, 2006, the house is required to have air
conditioning or mechanical ventilization so that windows may be closed to
bring interior noise levels to 45 decibels or less. Reference to compliance
with this requirement shall be noted on the building plans.
(Public Works)
14. The property shall be annexed into the appropriate Landscape
Maintenance and Lighting Districts to the satisfaction of the Director of
Public Works.
Resolution No. P-06-49
Page 11
F. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply
with the following:
1. Driveway, drainage facilities, retaining walls, slope landscaping and
protection measures, and all 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. Run-off shall not be permitted to pond near the
house foundation or cause surface erosion along the slopes.
3. All proposed and existing utilities within the project site shall be installed
underground.
4. 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.
5. In accordance with PMC 12.20.060, the property owner shall execute a
Private Road Maintenance Agreement in a form satisfactory to the City
Attorney. The applicant shall provide to the City a legal description and
plat map for this agreement.
6. Record drawings, signed by the engineer of work, shall be submitted to
the Development Services Department prior to a request for 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)
7. All exposed slopes greater than 5:1 slope shall be planted and irrigated in
accordance with the approved Brush ManagemenULandscaping Plan.
8. A minimum 6-foot-high noise barrier wall shall be constructed along the
back yard pad limits in accordance with the Noise Study prepared by
Dudek and Associates, dated July 3, 2006.
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.
Resolution No. P-06-49
Page 12
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. 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 Fire Chief.
5. 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 a one-inch lateral off the street main is currently not present, one will
have to be installed.
Section 6: The approval of Variance 06-03 and Minor Development Review
Application 06-17 shall expire on October 17. 2008. at 5:00 p.m. 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 17th day of October 2006.
ATTEST:
f.5,"~
Resolution No. P-06-49
Page 13
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-06-49, was duly adopted by the
City Council at a meeting of said City Council held on the 17th day of October 2006, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
DISQUALIFIED: NONE