Res P-08-08
RESOLUTION NO P-08-08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 08-01WCF AND
MINOR DEVELOPMENT REVIEW APPLICATION 08-12WCF
ASSESSOR'S PARCEL NUMBER 278-300-44
WHEREAS, Variance (VAR) 08-01WCF and Minor Development Review
Application (MDRA) 08-12WCF, Glen Seebruch, Owner/Applicant, requests approval to
construct a 3,800-square-foot, two-story replacement home on a 10-acre Witch Creek
Fire impacted property located at 15362 Skyridge Road, within the Rural Residential B
High Valley zone The applicant is also requesting a Variance approval to allow the
residence to observe a 16-foot front yard setback from the Sky ridge Road easement
when a 40-foot setback is required in the zone; and
WHEREAS, on May 6, 2008, 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 the proposed project is Categorically Exempt
as a Class 3 and Class 5 Categorical Exemption from the California E:-!vironmental
Quality Act (CEQA), pursuant to Sections 15303 and 15305 of the CEO/, Guidelines, in
that the project involves the construction of a single-family home and <l minor "1lteration
in land use limitations,
Section 2: The findings, in accordance with Section 17 50 050 of the Poway
Municipal Code (PMC), to approve VAR 08-01 WCF to allow the proposed residence to
observe an approximate 16-foot front yard setback from the Sky ridge Road private road
easement when a 40-foot setback is required in the zone, as shown on the site plan
dated February 11, 2008, 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 identicai zoning
classification The special circumstances are that the property is encumbered
with a 30-foot-wide private road easement (Skyridge Road) along the southerly
frontage, and approximately three-quarters of the 10-acre property consists of
steep slope conditions which limit where the replacement home can be sited and
allow it to comply with the minimum 15-foot setback from top of slope
requirements of the Wildland Urban Interface code, and
Resolution No P-08-08
Page 2
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
residential properties that are not located in the steep ridgeline areas of the High
Valley community or encumbered by a wide road easement have adequate
space to allow residential development; 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 encroach
24 feet into the required 40-foot front yard setback as measured from the edge of
the road easement, but will observe an approximate 40-foot setback from the
paved portion of Skyridge Road; and
D 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 residential properties are not encumbered by a 30-foot-wide private
road easement and slope conditions that limit or prohibit the opportunity for
development of a residence that is comparable in size for the area; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the Zoning Code because the proposed residence will replace a
home that was lost in a recent fire on land zoned for residential development;
and
F Granting the Variance will be compatible with the City's General Plan because a
residence is permitted on land zoned for residential development and will not
result in a density increase
Section 3 The findings, in accordance with Section 1752 of the Poway Municipal
Code to approve MDRA 08-12WCF as shown on the project plans dated February 11,
2008, on file with the Development Services, 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
Resolution No P-08-08
Page 3
C That the granting of the MDRA would not be materially detrimental to the public
health, ~afety, 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 4 The City Council hereby approves VAR 08-01WCF and MDRA
08-12WCF, to allow the construction of a 3,800-square-foot, two-story replacement
home on a 10-acre Witch Creek Fire impacted property located at 15362 Skyridge
Road, within the Rural Residential B High Valley zone, and to allow the residence to
observe a 16-foot front yard setback from the Skyridge Road easement when a 40-foot
setback is required in the zone, as shown on the site plan dated February 11, 2008,
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 comRliance with all sections of the
Zoning Ordinance and all other applicabie 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 Development on the site must comply with the Poway Noise Ordinance (Chapter
8 08 PMC) Construction work is specifically regulated by PMC 808100, which
states that it is unlawful for the operation of any single or combination of powered
construction equipment at any construction site on Mondays through Saturdays
except between the hours of 7'00 a,m, and 5'00 p,m. or at any time on a Sunday
or holiday except as provided in PMC 8 08 100
Resolution No P-08-08
Page 4
E. The applicant shall obtain a Building Permit prior to construction Prior to
issuance of a Building Permit:
1 The site shall be developed in accordance with the approved site plans
dated Received on February 11, 2008, on file in the Development
Services Department and the conditions contained herein.
2. For any land disturbance greater than 50 cubic yards, excluding
foundation and structural excavation, a grading plan for the development
of the lot, prepared on a City of Poway standard mylar sheet at a scale of
1" = 20', shall be submitted along with a Grading Permit application and
the applicable fees. As a minimum, the grading pian 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. The
house 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 Proposed driveway access in compliance with the specifications
provided in Section 1708 170D of the Poway Municipal Code,
including the minimum structural section 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. This plan shall provide for an onsite
de-silting basin with a volume based on 3,600 cubic feet per
tributary acre drained
d Locations of all utility improvements (existing and new), together
with their easements. No encroachments are permitted upon any
easement.
e All new slopes shall have a maximum 2 to 1 ratio (horizontal to
vertical)
f The grading plan shall clearly delineate existing drainage facilities
and drainage courses, and demonstrate that runoff from the subject
property will not impact existing adjacent parcels.
3 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 $2,000 sediment and erosion control cash security deposit
shall be posted with the City
4 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
Resolution No P-08-08
Page 5
surface water flowing onto the project site from adjacent lands, Said
system shall include all private easements required to properly handle the
drainage
5 A soils/geological report shall be prepared by an engineer licenses by the
State of California to perform such work, and shall be submitted with the
grading plan,
6 If this project will disturb more than one acre, the project owner shall file
with the State Regional Water Quality Control Board a Notice of Intent
(NOI) for coverage under the statewide General Permit, which covers
storm water discharges, Proof of filing of the NOI and an assigned Waste
Discharge identification Number shall be submitted to the Development
Services Department, Engineering Division prior to issuance of the
Grading Permit. Applications for the Notice of Intent may be obtained by
contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
858) 467-2952
7 If this project will disturb more than one acre, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively
addresses the elimination of non-storm runoff into the storm drain system.
The SWPPP shall include, but not be limited to, an effective method of
hillside erosion and sediment control; a de-silting basin with a capacity of
3,600 cubic feet of storage per acre drained, or designed to remove fine
silt for a ten-year, six-hour storm event; a material storage and handling
site; measures to protect construction material from being exposed to
storm runoff; protection of all storm drain inlets, on-site concrete truck
wash and waste control; and other means of Best Management Practices
(BMPs) to effectively eliminate pollutants from entering the storm drain
system, including a weather-triggered action plan. The engineer shall
certify the SWPPP prior to issuance of the Grading Permit.
8 The applicant shall pay all applicable engineering plan checking,
permit, and inspection fees A separate structural plan check fee will be
assessed for retaining walls that are not of a type found in the San Diego
Regional Standard Drawings
9 The property owner shall attend a pre-construction meeting, at which time
he shall present an Action Plan that identifies measures to be
Resolution No P-08-08
Page 6
implemented during construction to address erosion, sediment, and
pollutant control. Compliar:1ce for erosion control shall be provided using
one or more of the following guidelines:
a, Provide an onsite de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained during any earthwork
operations
b Cover all flat areas with approved mulch
c. Install an earthen or gravel bag berm that retains three inches of
water over all flat areas prior to discharge, effectively creating a
de-silting basin from the pad
Note The storm water quality control notes listed on the site plan shall be
incorporated into the Action Plan, which will be requested by the site
Engineering Inspector during the pre-conference meeting However, the
reference to City of San Diego for compliance with regulations shall be
deleted
10 Erosion control, including, but not limited to, a de-silting basin, shall be
installed and maintained by the property owner throughout construction of
the project.
11 Construction staking is to be provided by the property owner 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
12. Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a blasting permit shall be obtained from the Engineering
Division, Seismic recordings shall be taken for all blasting Blasting shall
occur only at locations and levels approved by the Director of
Development Services.
13 Rough grading is to be completed and meet the approval of the
Engineering 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
Resolution No P-08-08
Page 7
14 Prior to start of any work within City-held easements or rights-of-way, a
Right-of-Way Permit shall be obtained from the Development Services
Department - Engineering Division All appropriate fees shall be paid prior
to permit issuance
15 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
16 The maximum height of any fence or wall, or any combination thereof,
shall not exceed six feet. Retaining walls shall be of decorative block or
stucco finish consistent with the exterior of the proposed residence.
17 The residence shall be equipped with low-flow plumbing fixtures.
18 The building plans shall note the proposed exterior building materials and
colors.
19 Brush Management/Landscape Plans shall be submitted to the Planning
Division for review and approval. Said plan shall be prepared pursuant to
the City of Poway Guide to Landscape Requirements as it relates to Fuel
Management Zones for fire safety A $525 00 landscape plan check fee
must be submitted at the time that the Brush Management Plan is
submitted for review
F Prior to issuance of a Certificate of Occupancy'
1 The new onsite driveway construction shall comply with PMC 1708 170D
for finish, width, section thickness, and grades Driveway improvements,
drainage facilities, slope planting measures, and all utility services shall be
installed and completed by the property owner, and inspected by the
Engineering Inspector
2. All new utility services shall be placed underground.
3 An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector
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 Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
Resolution No P-08-08
Page 8
16 52,130B of the Grading Ordinance Record drawings for both the
grading and water main improvements 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 Brush Management shall be completed to the satisfaction of the Director
of Development Services in accordance with the approved Brush
Management Plan, All disturbed slopes of greater than 5 1 slope shall be
planted and irrigated A variety of landscaping, including trees, shrubs
and ground cover, shall be installed on the slopes to ensure stability
Groundcover shall be hydroseeded, or hand planted cuttings appropriately
spaced to eventually control soil erosion
G The applicant shall construct the following improvements 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 The access roadway shall be extended to within 150 feet 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 Division Chief
5 A residential fire sprinkler system with a one-inch meter will be required
Plans shall be submitted to the Fire Prevention Bureau 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 5 The approval of Variance 08-01WCF and Minor Development Review
Application 08-12WCF shall expire on Mav 6, 2010, 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
Resolution No P-08-08
Page 9
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 6th day of May 2008
ATTEST
~~L 1-/ ?-J~/~
Salam Hasenin, City Clerk
I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No P-08-08, was duly adopted by the
City Council at a meeting of said City Council held on the 6th day of May 2008, and that
it was so adopted by the following vote
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN NONE
DISQUALIFIED' NONE
~v/LI;j~~'~
Salam Hasenin, City Clerk