Res P-08-11
RESOLUTION NO P-08-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 08-04WCF AND
HILLSIDE/RIDGELlNE MINOR DEVELOPMENT
REVIEW APPLICATION 08-20WCF
ASSESSOR'S PARCEL NUMBER 278-300-68
WHEREAS, Variance (VAR) 08-04WCF and Hillside/Ridgeline Minor Development
Review Application (MDRA) 08-20WCF, Bruce and Dana Brewer, Applicants, request
approval to construct a 5,090-square-foot, two-story replacement home with a four-car
garage on a 4-acre Witch Creek Fire impacted property located at 15140 Skyridge Road,
within the Rural Residential B High Valley zone. The applicants are also requesting a
Variance approval to allow the residence to observe a 5-foot side yard setback when a
20-foot setback is required in the zone, and
WHEREAS, on June 17, 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 Environmental Quality
Act (CEQA), pursuant to Sections 15303 and 15305 of the CEQA Guidelines, in that the
project involves the construction of a single-family home and a minor alteration in land
use limitations.
Section 2 The findings, in accordance with Section 1750050 of the Poway Municipal
Code (PMC), to approve VAR 08-04 WCF to allow the proposed residence to observe a
5-foot side yard setback from the westerly property line when a 20-foot setback is
required in the zone, as shown on the conceptual grading/site plan dated May 30, 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 identical zoning
classification. The special circumstance is that the property is constrained
because approximately three-quarters of the easterly and northerly portions of the
4-acre property consist of steep slope conditions that limit where the replacement
home can be sited and allow it to comply with the minimum setback from top of
slope requirements of the Wildland Urban Interface Codes, 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
Resolution No P-08-11
Page 2
residential properties that are not located in the steep ridgeline areas of the High
Valley community 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 be setback an
adequate distance from the property lines to comply with health and safety-related
City Building and Fire Code requirements for a residence, 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 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 Hillside/Ridgeline MDRA 08-20WCF as shown on the conceptual
grading/site plan dated May 30, 2008, and project plans dated May 6, 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.
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
Resolution No P-08-11
Page 3
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 08-04WCF and Hillside/Ridgeline
MDRA 08-20WCF, to allow the construction of a 5,090-square-foot, two-story
replacement home on a 4-acre Witch Creek Fire impacted property located at 15140
Skyridge Road, within the Rural Residential B High Valley zone, and to allow the
residence to observe a 5-foot side yard setback from the westerly property line when a
20-foot setback is required in the zone, as shown on the conceptual grading/site plan
dated May 30, 2008, and project plans dated May 6, 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 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 Development on the site must comply with the Poway Noise Ordinance (Chapter
8 08 PMC) Construction work is specifically regulated by PMC 8 08 100, 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
E. The applicants shall obtain a Grading Permit prior to grading. Prior to issuance of
a Grading Permit:
1 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 to the Development
Resolution No P-08-11
Page 4
Services Department, Engineering Division. 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. 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 PMC 1708170D, including the minimum structural
section together with its elevations and grades
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 Top of wall and top of footing elevations for the new retaining walls.
g Method of water and sewer service to the house
2. 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
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 private easements required to properly handle the
drainage Large concentrated flows over the driveway and into the street
shall be avoided
4 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-08-11
Page 5
5 If this project will disturb one acre or more, 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
6 If this project will disturb one acre or more, 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
tencyear, 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, onsite 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.
7 If the area of the proposed driveway surfacing is 5,000 square feet or
greater, the grading plans shall include provisions for compliance with the
City's Standard Urban Storm Water Mitigation Plan (SUSMP) Ordinance.
8 The applicant shall pay all applicable engineering plan checking, permit,
and inspection fees
9 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 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
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Page 6
c. Install an earthen or gravel bag berm that retains three inches of
water over all disturbed areas prior to discharge, creating a de-silting
basin from the pad.
10 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.
11 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
12. Approval of a Tree Removal Permit from the Planning Division is required
prior to the removal of any native trees on the property (Coast Live Oak
(Quercus agrifolia), Canyon Live Oak (Quercus chrysolepis), Englemann
Oak (Quercus engelmannii), and California Sycamore (Platanus racemosa)
F 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 conceptual
grading/site plan dated on May 30, 2008, and project plans dated on May 6,
2008, on file in the Development Services Department, and the conditions
contained herein. Grading shall be in accordance with the City Grading
Ordinance, the approved grading plan, the approved soils report, and
grading practices acceptable to the City
2. 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
3 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
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Page 7
Department - Engineering Division. All appropriate fees shall be paid prior
to permit issuance
4 Erosion control, including, but not limited to, de-silting basin(s) shall be
installed and maintained by the developer throughout the duration of the
project.
5 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
6 The maximum height of any fence or wall, or any combination thereof, shall
not exceed 6 feet. Retaining walls shall be of decorative block or stucco
finish consistent with the exterior of the proposed residence
7 The residence shall be equipped with low-flow plumbing fixtures.
8 The building plans shall note the proposed exterior building materials and
colors. The stucco color shall be consistent with off-white/beige and the
concrete roof tile shall be rust with brown/black flash. A sample of the
proposed exterior colors shall be provided to the Planning Division as a
reference in the project file
G 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 Runoff shall not be permitted
to pond near the building foundation.
4 The applicant shall repair any and all damages to the frontage road 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
16 52.130B of the Grading Ordinance Record drawings for both the
Resolution No P-08-11
Page 8
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.
H 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 IBC Section 1505 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. 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 than 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 Fire Chief,
pursuant to the City of Poway Municipal Code, shall approve the road
surface type
5 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 Fire Chief
6 All Type IV construction in excess of 3,600 square-feet shall be equipped
with a fire and life-safety fire sprinkler system.
7 All exterior attached overhead covers four-feet or greater in depth, shall be
equipped with an approved exterior fire sprinkler head (Teflon or wax
coated)
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Page 9
8 The structure is in the Wildland Urban Interface area, an interior residential
fire sprinkler system with a one-inch meter will be required 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) If a pressure pump is
required for fire sprinkler operation, auxiliary power is required
9 The applicant shall comply with the City of Poway Guide to Landscaping
Requirements as it relates to Fuel Management Zones. The applicant shall
submit, and receive approval of, landscape and irrigation plans prepared
pursuant to the City of Poway Guide to Landscaping Requirements prior to
Grading Permit issuance
10 Show permanently wired smoke detectors in each sleeping room, and at a
point centrally located in the corridor/hallway area leading to each
separated sleeping area. The smoke detectors shall be hard wired with a
battery backup and shall be wired in such a manner that if one detector
activates, all detectors activate
11 Doors leading from attached garages into the structure shall meet the
requirements for a 20-minute fire door assembly
12. Propane tanks or containers up to 500 gallons shall maintain a minimum
10-foot clearance from structures, combustibles and property lines. Tanks
greater than 500 gallons shall maintain a 25-foot clearance Tanks shall be
secured in an approved manner pursuant to the California Fire Code
Wildland Urban Interface Requirements.
13 Structure Setback (measured from the top of slope to the farthest projection
from the roof)
a. A 15-foot horizontal setback distance is required for single-story
structures (single-story structure shall be less than 12 feet above
grade)
b A 30-foot horizontal setback is required for two-story structures The
required structure setback shall be shown on the plot plan
14 Exterior wall finish material shall be noncombustible and comply with the
California Building Code (e g stucco, masonry, cement fiber board, heavy-
timber, etc.) In addition, all exterior walls are required to be protected with
two-inch nominal solid blocking between rafters at all roof overhangs
Wood shingle and shake wall coverings shall be prohibited
Resolution No P-08-11
Page 1 0
Appendages and projections attached to a structure, such as exterior
balconies, carports, decks, and patio covers, shall be constructed to
maintain the fire-resistive integrity of the exterior walls. Such appendages
and projections shall meet the requirements for all setbacks and fuel
modification zones.
15 Exterior windows and glazing are restricted to multilayered glass (duel
glazed) and shall be tempered glass. Glazing frames made of vinyl
materials shall have welded corners and reinforcement in the interlock area,
and be certified ANSI/AAMA/NWWDA 101/1 S.2-97 structural requirements.
Provide note on plans
16 Skylights and solatubes shall be tempered glass. Provide note on plans
17 Exterior doors shall be of approved noncombustible construction or ignition-
resistant, solid core wood not less than 1% inches thick or have a fire
protection rating of not less than 20 minutes Windows within doors and
glazed doors shall comply with exterior window and glazing requirements
Provide note on plans
18 All eave and soffit construction shall be ignition resistant and in compliance
with the Poway Municipal Code Section 1505 Wildland Urban Interface
Building Code Provide details and note on plans for eave and soffit
construction.
19 Eave and soffit ventilation shall be constructed in such a manner as to
provide for flame and ember penetration resistance. Alternate designs and
methods will be considered on a case-by-case basis. Provide details
showing size and location of attic ventilation, and subfloor ventilation on
plan.
20 Roof and attic vents are prohibited to be in locations where embers are
most likely to accumulate Provide details showing size and location of attic
ventilation on plan
21 Gutters and downspouts shall be constructed of noncombustible materials.
Gutters shall be designed to reduce the accumulation of leaf litter and
debris that contributes to roof edge ignition
22. The first ten feet of material for fences and other attachments to structures
shall be constructed of noncombustible material or pressure-treated exterior
fire-retardant wood Gates are permitted, provided that a five-foot minimum
length section of noncombustible fencing material is installed as a firebreak
immediately adjacent to the gate
Resolution No P-08-11
Page 11
23 Unenclosed, under-floor areas shall be enclosed to the ground or all
exposed structural columns, beams, and supporting walls are to be
protected as required for one-hour, fire-resistance-rated construction or
heavy-timber construction per the California Building Code.
24 All awnings attached to any structure shall meet the 15-foot, structure-
setback requirement and be identified as fire rated Additionally, the awning
shall be contained in a metal, self-closing or box-protected cover
25 Detached auxiliary structures (playground equipment, free-standing decks,
gazebos, sheds, palapas, and trellises) less than 250 square feet and 30
feet from the nearest structures and property lines are not required to meet
the fire-resistive requirements.
All thatched roofing materials shall be a minimum 30 feet from any structure
and shall have an applied fire retardant chemical. Proof of application and
UL rating of the fire retardant chemical shall be provided to the fire
department upon request.
26 Solar panels shall be located no closer than 20 feet from a combustible
structure and shall have a metal frame. All solar panels placed on a roof
top shall comply with a Class "A" roof assembly
Section 5 The approval of Variance 08-04WCF and Hillside/Ridge Minor Development
Review Application 08-20WCF shall expire on June 17, 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.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway
State of California, this 17th day of June 2008.
ayor
ATTEST
~v,L iJl-J&n/~
Salam Hasenin, City Clerk
Resolution No P-08-11
Page 12
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No P-08-11, was duly adopted by the
City Council at a meeting of said City Council held on the 17th day of June 2008, and that
it was so adopted by the following vote
AYES EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN BOYACK
DISQUALIFIED NONE
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Salam Hasenin, City Clerk