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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 Resolution No P-08-11 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 Resolution No P-08-11 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) Resolution No P-08-11 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 ~JJ~~I\~ Salam Hasenin, City Clerk