Res P-09-12
RESOLUTION NO. P-09-12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 09-01 AND
MINOR DEVELOPMENT REVIEW APPLICATION 08-06
ASSESSOR'S PARCEL NUMBER 317-573-08
WHEREAS, a request for Variance (VAR) 09-01 and Minor Development Review
Application (MDRA) 08-06 was submitted by US Financial LP to construct a 3,033-
square-foot, two-stOry, single-family residence, with an attached 502-square-foot
garage, on a vacant 0.18-acre lot located on Coyotero Drive, within the Residential
Single Family 7 (RS-7) zone. The proposed retaining wall and fence on the east
property line will be a maximum of 8 feet 8 inches. The Variance approval is necessary
because a maximum 6-foot-high retaining wall/fence is permitted in a residential zone;
and
WHEREAS, on April 21, 2009, 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 project is Categorically Exempt from the California Environmental
Quality Act (CEQA) as a Class 5 Categorical Exemption, pursuant to Section 15305 of
the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on a vacant single-family property, and as a Class 3 Categorical Exemption,
pursuant to Section 15303 of the CEQA Guidelines, in that the project proposes the
construction of a single-family residence.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code (PMC), to approve VAR 09-01, a request for an increase in the height of
a fence to allow the proposed retaining wall and fence to be a maximum of 8 feet
8 inches, when a maximum 6-foot-high retaining wall/fence is permitted in a residential
zone, 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 higher in elevation
than the adjacent residential property to the east. Therefore, it is necessary for
the wall/fence to be constructed to a maximum height of 8 feet 8 inches, as
viewed from the east neighbors' property, to achieve the typical 6-foot height
for privacy fencing; and
Resolution No. P-09-12
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 a
6-foot-high wall/fence is a typical height to achieve privacy on residential
properties and because the property is constrained by the requirement to have a
20-foot access easement for the property to the north development area is
restricted; and
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity in that the wall is proposed along a joint property
line, and it will be constructed of decorative masonry block and in accordance
with City Building Code standards; and
D. That the 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 privacy walls/fences are allowed on other residential properties in the area;
and
E Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-7 zone because privacy walls/fences are permitted in
residentially zoned areas; and
F. That the proposed Variance will be compatible with the City's General Plan
because walls/fences are permitted on land zoned for residential development
and will not result in a density increase.
Section 3: The findings, in accordance with Chapter 17.52 PMC, for MDRA 08-06
to construct a 3,033-square-foot, two-story, single-family residence, with an attached
502-square-foot garage, on a vacant o 18-acre lot located on Coyotero Drive, within the
RS-7 zone, are made as follows:
A The project complies with the provisions of the Poway Municipal Code and the
poway General Plan, and the findings for the requested Variance can be made,
in that the proposed use is allowable in the RS-7 zone, with the approval of a
Minor Development Review Application; and
B. The project will not have an adverse impact on the public health, safety and
general welfare in that the project has been designed to comply with all City
regulations and the proposed use will complete improvements necessary for the
new residence; and
C. The project will not adversely impact existing adjoining properties or the City in
general with regard to aesthetics in that the development of a two-story, single-
family residence is permitted in the zone and is consistent with others in the
neighborhood; and
Resolution No. P"09-12
Page 3
D. The project encourages the orderly and harmonious appearance of structures,
property and fencing in that the project does not affect the boundaries of the lot
or the design of the streets.
Section 4: The findings, pursuant to Government Code Section 66020 for the public
improvements, and needed as a result of the proposed development to protect the
public health, safety, and welfare are made 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 facilities will be available to serve this project. The construction of
public improvements is needed as a result of the proposed development to
protect the public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of water, drainage, park, affordable housing, and traffic fees,
which are assessed on a pro-rata basis to finance public infrastructure
improvements, which promote a safe and healthy environment for the
residents of the City.
Section 5: The City Council hereby approves Variance 09-01 to allow a retaining wall
and fence on the east property line to be a maximum of 8 feet 8 inches high and
Minor Development Review Application 08-06 to construct a 3,033-square-foot,
two-story, single-family residence, with an attached 502-square-foot garage, on a
vacant 0.18-acre lot located on Coyotero Drive, within the RS-7 zone. The approval is
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 other 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 applicants shall submit in writing that all
conditions of approval have been read and understood.
C. The conditions of VAR 09-01 and MDRA 08-06 shall remain in effect for the life
of the subject residence, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
D. Prior to the sale of the subject property (APN 317-573-08) or the 15.89-acre
parcel to the north (APN 317-102-18), the property owner shall record a 20-foot
wide access easement for the benefit of APN 317-102-18 over APN 317-573-08,
as shown on the site plan for MDRA 08-06 and Variance 09-01. This condition
shall be recorded as a covenant on both parcels to the satisfaction of the Director
of Development Services prior to the issuance of a grading permit for
Resolutiorl No. P-09-12
Page 4
MDRA 08-06. The covenant shall note that the future access easement shall
allow for the future construction activities, including, but not limited to paving and
grading, necessary to install the access driveway.
E. The site shall be developed in accordance with the approved site plans dated
February 3, 2009, and floor plans and elevations dated February 6, 2008, on file
in the Development Services Department, and the conditions contained herein.
Grading shall be in accordance with the Uniform Building Code, the City Grading
Ordinance, the approved grading plan, the approved soils report, and grading
practices acceptable to the City.
F. Prior to grading, the applicant shall obtain a Grading Permit. Prior to issuance of
a Grading Permit, the applicant shall comply with the following:
(Engineering)
1. Submit a precise grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City project engineer, in accordance with the submittal
and content requirements listed herein. Submittal shall be made to the
Department of Development Services, Engineering Division, for review
and approval. The grading design shall be 100% complete at the time of
submittal, ready for approval and issuance of permit. Incomplete
submittals will not be accepted. The first submittal of the plans shall be by
appointment only.
SUBMITTAL REQUIREMENTS:
a. Transmittal letter.
b. Plan check fees (contact City project engineer).
c. Completed Grading Permit application, signed by the property
owner.
d. Eiqht copies of the grading plans.
e. Three copies of a preliminary soils/geotechnical report, prepared by
an engineer licensed by the State of California to perform such
work.
f. Two copies of Preliminary Cost Estimate.
g. Two copies of a drainage study using the 100-year storm frequency
as the design criteria. The drainage system, based on this design
criteria, 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 easements,
on and offsite, required to properly handle the drainage as
necessary. Concentrated flows across driveways are not permitted.
h. One copy of the approved project conditions of approval.
I. One copy of reference maps or plans used for design of the site.
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Page 5
J. One copy of a current Preliminary Title Report (must be dated
within six months of the plan submittal date) and one copy of all
easement documents referenced in the report. All copies must be
clear and legible; faxed copies are usually not sufficient.
k. One signed original letter of permission for offsite grading from the
adjoining property owner of Lot 17 that will be impacted by the
construction of the proposed retaining wall. The letter shall be in a
format acceptable to the City of Poway.
CONTENT REQUIREMENTS:
As a minimum, the grading plan shall show the following:
a. Driveways, in compliance with the specifications provided in PMC
17.08.170D, and including minimum structural sections together
with their elevations and grades.
b. A separate erosion control plan for prevention of sediment runoff
during construction.
c. Low Impact Development (LID) Best Management Practices.
d. All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved Encroachment
Agreement/Permit.
e. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work.
f. Tops and toes of graded slopes shall be shown with a minimum
5-foot setback from open space areas and property lines. Buildings
shall be located at least 5 feet from tops and toes of slopes, unless
waived by the Planning Division and/or Engineering Division prior to
issuance of a Grading Permit.
g. Locations and all pertinent elevations of all retaining walls, with top
of wall and top of footing elevations.
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.
3. Following approval of the grading plans, posting of securities and fees,
and receipt of three copies of the approved plans, attend a pre-
construction meeting at the Development Services Department. The
scheduling request shall be submitted on a City standard form available
from the City's project engineer.
4. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
Resolution No. P-09-12
Page 6
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can 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.
b. Cover all flat areas with approved mulch.
c. Install 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.
(Planning)
5. The applicant shall submit and have approved landscape and irrigation
plans, pursuant to the City of Poway Guide to Landscape Requirements.
The landscape and irrigation plans shall identify plant species, sizes, and
automatic irrigation for all manufactured slopes greater than a 5:1 slope,
location and detail of retaining walls consistent with the City of Poway
Guide to Landscape Requirements. A $525.00 plan check fee/deposit is
required with the landscape plan submittal package. The landscape plans
must show the following:
a. Irrigation, and sizes and species for:
I. Landscaping all manufactured and disturbed slopes greater
than a 5: 1 slope;
b. 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. Groundcover shall be hydroseeded,
or hand planted cuttings appropriately spaced to eventually control
soil erosion.
c. If construction of the residence does not commence within 90 days
of completion of grading, all manufactured slopes steeper than 5:1
shall be hydroseeded and irrigated to the satisfaction of the
Director of Development Services.
6. All slope plantings shall be installed, and an automatic irrigation system
shall be installed and operational at the time of final inspection.
G. Prior to issuance of a Building Permit, the applicants shall comply with the
following conditions:
(Engineering)
1. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector
and the project's geotechnical engineer. Following completion of rough
grading, please submit the following:
Resolution No. P-09-12
Page 7
a. Three copies of certification of line and grade for the lot, prepared
by the engineer of work.
b Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
2. Erosion control, including, but not limited to, a de-silting basin, shall be
installed and maintained by the property owner/developer from October 15
to April 15. The developer shall maintain all .erosion control devices
throughout their intended life.
3. Prior to start of any work within a City-held easement or right-of~way,
including driveway construction and utility connections, a Right-of-Way
Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid
prior to permit issuance.
4. The applicant shall pay all applicable development impact fees in effect at
time of payment, which may include fees for water, drainage, park, and
traffic impacts.
5. Construction activity on the project site, pursuant to a Building Permit,
including equipment preparation (i.e., warming up engines), shall be limited
to the hours of 7:00 a.m. to 5:00 p.m. Monday through Saturday. Grading
activities, including equipment preparation, shall be limited to the hours of
7:00 a.m. to 5:00 p.m. Monday through Friday, unless written approval from
the City Engineer is obtained for specific hours outside this time frame
pursuant to the Poway Municipal Code (PMC) Section 16.44.140.
(Planning)
6. All newly constructed living quarters shall be equipped with low-flow
plumbing fixtures.
7. The plans shall indicate the colors and materials for the buildings to the
satisfaction of the Director of Development Services. Samples of the color
and materials shall also be provided.
8 Any fence or wall shall not exceed six feet, with the exception of the
proposed retaining wall and fence combination on the east property line
Any retaining walls proposed shall be reflected on the grading or building
plans, and shall be of decorative block or stucco finish consistent with the
exterior of the proposed residence.
Resolution No. P-09-12
Page 8
9. An Affordable Housing In-Lieu Fee shall be paid at the rate established at
the time of Building Permit issuance.
(Building)
10. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School
District for additional information at (858) 679-2570.
H. The applicant shall comply with the following prior to approval of occupancy:
(Engineering)
1. An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
2. The property owner shall repair any and all damages to the streets caused
by construction activity from this project, to the satisfaction of the City
Engineer.
3 All proposed utilities within the project site shall be installed underground.
No extension of overhead utilities shall be permitted.
4. 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 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.
(Planning)
5. Any required slope plantings shall be installed, and an automatic irrigation
system shall be installed and operational at the time of final inspection.
6 A fence and locking gate shall be installed, as shown on the approved site
plan, across the access easement, which is along the easterly side of the
subject site and provides access for the property to the north. The
maximum height of the gate shall be 6 feet and the minimum width of the
gate shall be 12 feet to accommodate emergency vehicles. If the gate is
an electric powered gate, it shall have a Knox override key switch that
shall be ordered through the Poway Fire Department.
I. 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.
Resolution No. P-09-12
Page 9
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. Addresses 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 PMC, shall approve the road surface type.
5. Dead-end access roadways in excess of 150 feet long shall be provided
with approved provisions for the turning around of Fire Department
apparatus. Curves and topographical conditions could alter the
requirements for turnarounds and the width of access ways.
6. 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.
7. 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 separate 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.
8. Doors leading from attached garages into the structure shall meet the
requirements for a 20-minute fire door assembly.
9. 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.
J. Upon occupancy the following conditions shall apply:
1. All landscaped areas, including the access easement, shall be maintained
in a healthy and thriving condition, free from weeds, trash, and debris.
Resolution No. P-09-12
Page 10
The trees shall be encouraged and allowed to retain a natural form.
Pruning should be restricted to maintain the health of the trees and to
protect the public safety. Unnatural or excessive pruning, including
topping, is not permitted.
Section 6: The approval of Variance 09-01 and Minor Development Review
Application 08-06 shall expire on April 21. 2011, at 5:00 p.m. unless the property owner
obtains a Building Permit.
Section 7: Pursuant to Government 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 April 21,2009.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 21st day of April 2009.
~lJt^-
ATTEST:
~~.
UiAda /f.. Troyan, MMC, City Clerk
Resolution No. P-09-12
Page 11
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 09-12 duly adopted by the
City Council at a meeting of said City Council held on the 21 st day of April 2009, and
that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, HIGGINSON, REXFORD
NOES: NONE
ABSENT: NONE
DISQUALIFIED NONE
~ -
Linda}. Troyan, MMC, City Clerk
CijY,of Poway