Res P-08-34
RESOLUTION NO P-08-34
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING AN APPEAL AND UPHOLDING THE APPROVAL
OF MINOR DEVELOPMENT REVIEW
APPLICATION (MORA) 08-19WCF
ASSESSOR'S PARCEL NUMBER 273-122-02
WHEREAS, MORA 08-19WCF, Steve Baumann and Debbie Thorpe,
Applicants. A proposal to construct a 2,721-square-foot, two-story replacement
residence, with an attached two-car garage and a detached deck, on a Witch Creek
Fire impacted property located at 17754 St. Andrews Drive, within the Residential
Single-Family 4 zone was approved by the Director of Development Services and
became effective on October 2, 2008, and
WHEREAS, Section 2.20.20 of the Poway Municipal Code provides for the
appeal of administrative decisions, and on October 13, 2008, an appeal was filed
regarding the approval of Minor Development Review Application 08-19 WCF, and
WHEREAS, on December 2, 2008, the City Council held a public meeting 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 project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as a Class 2 Categorical Exemption, pursuant to Section 15302 of
the CEQA Guidelines, in that the project proposes the replacement of a single"family
residence.
Section 2: The appeal of the approval of Minor Development Review Application
08-19WCF is denied in its entirety
Section 3. The findings, in accordance with Poway Municipal Code (PMC) Chapter
17 52, to approve Minor Development Review Application 08-19WCF to construct a
2,721-square-foot, two-story replacement residence, with an attached two-car garage
and a detached deck on a Witch Creek Fire impacted property, located at 17754
St. Andrews Drive, are as follows
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary services and facilities will be available to serve this project.
B In accordance with the Poway General Plan, the project has been designed to
comply with City zoning and development standards which promote a safe and
healthy environment for the residents of the City
Resolution No P-08-34
Page 2
C The home has been sited to conform to City zoning standards. Therefore, the
proposed use respects the interdependence of land values and aesthetics to the
benefit of the City
0 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 residences. 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
E. The granting of the MORA would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements
necessary for the new residence.
F The project has been designed to minimize impacts on the surrounding
community by utilizing exterior building materials and an architectural design that
IS consistent with surrounding development. Therefore, the proposed
development respects the public concerns for the aesthetics of development.
G. 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.
Section 4 The City Council hereby approves MORA 08-19WCF, to construct a
2,721-square-foot, two-story replacement residence, with an attached two-car garage
and a detached deck, on a Witch Creek Fire impacted property, located at 17754
St. Andrews Drive, within the Residential Single-Family 4 zone as shown on the site
plan, floor plan and elevations on file with the Planning Division dated September 2,
2008, and conceptual grading plan dated September 18, 2008, subject to the following
conditions
A. Approval of this request shall not waive compliance with the Zoning Ordinance
and all other applicable City Ordinances in effect at the time of Building Permit
Issuance.
i3 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.
C Prior to issuance of a Grading Permit:
A A grading plan for the development of the lot, prepared on a City of Poway
I
standard mylar sheet, to a scale of 1" = 20', shall be submitted with a
Grading Permit application and the applicable fees, to the Development
Services Department, Engineering Division for review and approval. As a
Resolution No P-08-34
Page 3
minimum, the grading plan shall show/include the submittal of the
following:
a. Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from any 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.
b Proposed driveway access in compliance with the specifications
provided in PMC 17 08 1700, 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 wall.
The maximum height of any walls or fences shall not exceed six
feet.
g. Method of water and sewer service to the house
h. The pad and finished floor elevation shall be consistent with the
elevations shown on the conceptual project grading plan dated
September 18, 2008, on file in the Planning Division. The pad
elevation shall not exceed 620 3 feet and the finished floor
elevation shall not exceed 621 feet.
I. Show and identify all required setbacks.
2. 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
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.
4 Should the proposed grading disturb one acre or more, the project owner
shall file with the State Regional Water Quality Control Board a Notice of
Resolution No P-08-34
Page 4
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
5 Should the proposed grading disturb one acre or more, the applicant's
engineer 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, 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.
6 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 Stormwater Mitigation Plan (SUSMP) Ordinance.
7 The applicant shall pay all applicable engineering plan checking, permit,
and inspection fees.
8 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
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 sediment control shall be provided using the following
guidelines, as directed by the project inspector'
Resolution No P-08-34
Page 5
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, creating
a de-silting basin from the pad.
10 Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans
11 The applicant shall obtain a letter of approval from San Diego Gas &
Electric (SDG&E) regarding their existing utility easement on the north of
the property stating that the construction of the proposed deck over or
next to their easement is acceptable
12. Brush ManagemenULandscape Plans shall be submitted to the Planning
Division for review and approval. Said plans 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
13 The deck is proposed to be constructed around an existing oak tree
located in the northerly building pad slope The tree shall be preserved in
place, provided the Fire Marshal has no concerns. The deck footings
must be sited clear of the primary root system for the tree and the tree
shall not be damaged during grading or construction activity A landscape
architect or certified arborist shall be consulted to ensure that the deck
posts and improvements will not impact the oak tree prior to issuance of a
Grading Permit.
0 Prior to issuance of a Building Permit:
1 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
Resolution No P-08-34
Page 6
2. 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.
3 Rough grading is to be completed and meet the approval of the City
Inspector and shall include submittal of the following'
a. A certification of line and grade for the lot, prepared by the engineer
of work.
b A final soil compaction report for review and approval by the City
4 Prior to start of any work within a City-held easement or right-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.
5 Please contact the Poway Unified School District for information
concerning payment or waiver of school fees at (858) 679-2570
6 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
7 The residence shall be equipped with low-flow plumbing fixtures.
8 The exterior building materials and colors shall be muted earth tones and
blend well with the surrounding development. A material sample/color
board shall be provided to the Planning Division for review and approval.
9 The minimum inside dimension of the two-car garage clear of obstructions
shall not be less than 20' by 20'
E. Prior to issuance of a Certificate of Occupancy'
(Engineering)
1 Any new utility services shall be installed underground
2. An adequate drainage system/path in the area of the new addition capable
of 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.
3 The property owner shall, to the satisfaction of the City Engineer, repair
any and all damages to the frontage road, sidewalk, curb and gutter, and
Resolution No P-08-34
Page 7
any existing improvements caused by construction activity from this
project.
4 If the project involves grading, record drawings signed by the engineer of
work shall be submitted to Development Services prior to a request for
occupancy, per PMC 16 52.130B Record drawings shall be submitted in
a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and the release of grading securities.
(Planning)
5 All manufactured and disturbed slopes of greater than 5 1 shall be planted
and irrigated. A variety of landscaping, including trees, shrubs and ground
cover, shall be installed on the slopes to ensure stability Trees shall be
planted at the rate of one tree per 750 square feet of slope area and
shrubs shall be planted at the rate of one shrub per 100 square feet of
slope area. Ground cover shall be hydroseeded, or hand planted cuttings
appropriately spaced to eventually control soil erosion
F 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 CBC 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 structure is in the Wildland Urban Interface, an interior automatic fire
sprinkler system is required
Resolution No P-08-34
Page 8
6 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)
7 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
8 The applicant shall comply with the City of Poway Guide to Landscape
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 Landscape Requirements prior to
Grading Permit issuance
9 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
10 Doors leading from attached garages into the structure shall meet the
requirements for a 20-minute fire door assembly
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 finished materia! 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
Resolution No P-08-34
Page 9
maintain the fire-resistive integrity of the exterior walls Such appendages
and projections shall meet the requirements for all setbacks and fuel
modification zones
13 Exterior windows and glazing are restricted to multilayered glass (dual
glazed) and shall be tempered Glazing frames made of vinyl materials
shall have welded corners and reinforcement in the interlock area, and be
certified ANSI/AAMA/NWWDA 101/I.S.2-97 structural requirements.
Provide note on plans
14 Skylights shall be tempered glass. Provide note on plans
15 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.
16 All eave and soffit construction shall be ignition resistant and in
compliance with the Chapter 1505 PMC, Wildland Urban Interface
Building Code Provide details and notes on plan 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 Alternative 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.
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 plan.
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-08-34
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. Minor Development Review Application 08-19WCF shall expire on
December 2, 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.
Section 6. Pursuant to Govemment Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on December 2, 2008
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 2nd day of December 2008
Michael P Caf ayor
ATTEST
.
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Resolution No. P-08-34
Page 11
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No P-08-34, was duly adopted by the City Council at a meeting of
said City Council held on the 2nd day of December, 2008, and that it was so adopted by
the following vote.
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES. NONE
ABSENT NONE
DISQUALIFIED NONE
I a A. Troyan, MMC, City Clerk
ity of Poway