Res P-08-15
RESOLUTION NO P-08-15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 08-05WCF AND HILLSIDE/RIDGELlNE
MINOR DEVELOPMENT REVIEW APPLICATION 08-25WCF
ASSESSOR'S PARCEL NUMBER 2.78-300-71
WHEREAS, Variance (VAR) 08-05WCF and Hillside/Ridgeline Minor
Development Review Application (MORA) 08"25WCF, Werner and Edith Hofsaess,
Applicants, request approval to construct a 2,748-square-foot, single-story replacement
home on a 2 73-acre Witch Creek Fire impacted property located at 15210 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 23-foot front yard setback from
the Skyridge Road easement when a 40-foot setback is required in the zone, and
WHEREAS, on July 15, 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 08-05WCF to allow the proposed residence to
observe an approximate 23-foot front yard setback from the Skyridge Road private road
easement when a 40-foot setback is required in the zone, as shown on the site plan
dated May 29, 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 a majority of the 2 73-acre property consists of steep slope and the lot is
encumbered by the excessively wide Skyridge Road easement that limits 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 Code
and
Resolution No P-08-15
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 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
o 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 and
excessive road easement encumbrances 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 17 52 of the Poway Municipal
Code to approve Hillside/Ridgeline MORA 08-25WCF as shown on the project plans
dated May 29, 2008, on file with the Development Services Department, 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; and
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, and
Resolution No. P-08-15
Page 3
C That'the granting of the MORA would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements as
deemed necessary; and
0 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; and
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, and
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 08-05WCF and Hillside/Ridgeline
MORA 08-25WCF, to allow the construction of a 2,748-square-foot, single-story
replacement home on a 2 73-acre Witch Creek Fire impacted property located at 15210
Skyridge Road, within the Rural Residential B High Valley zone, and to allow the
residence to observe a 23-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 May 29,
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 to operate any single or combination of powered
construction equipment at any construction site before 7'00 a.m or after 5'00
p m. on Mondays through Saturdays or at any time on a Sunday or holiday
except as provided in PMC 8 08 100
Resolution No P-08-15
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E. The applicant shall obtain a Grading Permit prior to site grading. Prior to
issuance of a Grading Permit:
1 The site shall be developed in accordance with the approved site plans
dated Received on May 29, 2008, on file in the Development Services
Department and the conditions contained herein.
2. A grading plan for the re-development of the lot, prepared on a City of
Poway standard engineering sheet, to a scale of 1" = 20', shall be
submitted to the Engineering Division The grading plan shall show the
following:
a. 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 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
c Locations of all utilities, together with the easements
Note The applicant shall obtain the consent/approval of SDG&E
and the private parties named in the title report for the proposed
encroachment of the drainage ditch, fencing, and slope upon the
road and utility easements on the south side of the property Proof
of the approvals shall be submitted to the City of Poway
Engineering Division
d All new slopes shall have a maximum 2 t01 ratio (horizontal to
vertical). If this is not possible, or practical, a slope stability
analysis must be submitted for the steeper slopes, showing a
minimum safety factor of 1 5 Contact the Engineering Division
for additional guidance regarding this requirement.
e Transition detail for the connection of the proposed drainage ditch
to the catch basin A hydraulic check shall be conducted on the
capacity of the 12" box to verify adequacy of the size for the
intended flow
f Headwall for pipe to rip rap connection
Resolution No P-08-15
Page 5
3 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 A slope stability analysis shall accompany the soils report.
4 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
Note Grading plan check, permit and inspection fees are hereby waived.
5 The applicant 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 sediment control shall be provided using the following
guidelines, as directed by the Engineering Inspector'
a. Provision of an onsite de-silting basin with a volume based on
3,600 cubic feet per tributary acre drained.
b Covering of all flat areas with approved mulch.
c. Installation of an earthen or gravel bag berm that retains three
inches of water over all disturbed areas prior to discharge,
effectively creating a de-silting basin from the pad.
6 Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading
F The applicant shall obtain a Building Permit prior to construction Prior to
issuance of a Building Permit:
1 The applicant shall verify the adequacy of the existing septic system,
should there be additional bedrooms proposed with the fire re-build
Contact the County Health Department to determine if an additional septic
permit is needed
2. The site shall be developed in accordance with the approved site plans
and conditions of approval on file In the Development Services
Department and the conditions contained herein 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
3 Erosion control, including, but not limited to, de-silting basins, shall be
installed and maintained by the property owner throughout the duration of
the project
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Page 6
4 If the existing water service meter is required to be increased from a
'I.-inch size to 1-inch due a requirement for a fire sprinkler system by the
Fire Marshal, a $140 service upgrade differential meter fee must be paid
to the Engineering Division
5 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
6 The Poway Unified School District has advised that school fees will be
waived for replacement homes on Witch Creek Fire impacted properties
where the home was a complete loss Only the property owner at the time
of loss is eligible for the fee waiver Please contact the Poway School
District for additional information at (858) 679-2570
7 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
8 The residence shall be equipped with low-flow plumbing fixtures
9 The color of the exterior building materials shall be beige/off-white stucco
and a brown concrete tile roof The building plans shall note the proposed
exterior building materials and colors
10 The Fire Marshal has determined that a formal Brush Management!
Landscape Plan will not be required. The property is, however, required
to comply with the City of Poway Fuel Management Zone requirements for
fire safety The applicant shall submit to the Planning Division for review
and approval a planting plan that ide[ltifies the existing and proposed
landscape material within the required Fuel Management Zone
G Prior to issuance of a Certificate of Occupancy'
1 The 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
Resolution No. P-08-15
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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, to the satisfaction of the City Engineer, any and
all damages to the streets caused by construction activity from this project.
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
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 and the Fire Marshal in accordance with the
approved 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 constructthefollowing improvements to the satisfaction of the
Director of Safety Services
11 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 The structure is in the Wildland Urban Interface area, an interior automatic
fire sprinkler system is required.
5 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 8
6 A 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
7 The applicant shall comply with the City of Poway Guide to Landscaping
Requirements as it relates to Fuel Management Zones
8 Show permanently wired smoke detectors, with battery backup, 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
9 Doors leading from attached garages into the structure shall meet the
requirements for a 20-minute fire door assembly
10 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 as per the California Fire Code
Wildland Urban Interface Requirements.
11 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.
12 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
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
Resolution No P-08-15
Page 9
and projections shall meet the requirements for all setbacks and fuel
modification zones.
13 Exterior windows and glazing are restricted to multi-layered 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 ANSIlAAMA/NWWDA 101 II S.2"97 structural
requirements. Provide note on plans.
14 Skylights and solatubes shall be tempered glass. Provide note on plans.
15 Exterior doors shall be 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.
16 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.
17 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
plans
18 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 plans.
19 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.
20 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
21 Unenclosed, under-floor areas shall be enclosed to the ground or all
exposed structural columns, beams, and supporting walls are to be
Resolution No. P-08-15
Page 10
protected as required for one-hour, fire-resistance-rated construction or
heavy-timber construction per the California Building Code.
22. 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
23 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.
24 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 08-05WCF and Hillside/Ridgeline Minor
Development Review Application 08-25WCF shall expire on July 15, 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 15th day of July 2008
ATTEST
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Salam Hasenin, City Clerk
Resolution No P-08-15
Page 11
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-08-15, was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of July 2008, and
that it was so adopted by the following vote
AYES BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES NONE
ABSENT REXFORD
DISQUALIFIED NONE
~~L J-1C-;;~/h
Salam Hasenin, City Clerk