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Res P-09-30 RESOLUTION NO. P-09-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 09-04WCF, MINOR DEVELOPMENT REVIEW APPLICATION 09-05WCF AND UNDERGROUND WAIVER 09-02 ASSESSOR'S PARCEL NUMBER 272-150-24 WHEREAS, Variance (VAR) 09-04WCF, Minor Development Review Application (MDRA) 09-05WCF and Underground Waiver (UW) 09-02, submitted by the San Dieguito Regional Park/Dick Bobertz, Applicant, requests approval to construct a 2,250-square-foot, single-story replacement office and a 1, 115-square-foot, detached garage/workshop on a Witch Creek Fire-impacted property located at 18372 Sycamore Creek Road, within the Rural Residential A zone. The applicant is requesting a Variance approval to allow the buildings to observe a zero front yard setback from the Sycamore Creek Road easement when a 50-foot setback is required in the zone, and to waive the requirement for a public use to install a 6-foot-high fence along the easterly interior side property line. Approval of an Underground Waiver to allow existing, onsite overhead utility service to remain is also requested; and WHEREAS, on September 1, 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 City Council finds that the proposed project is Categorically Exempt as a Class 2 and Class 5 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Sections 15302 and 15305 of the CEQA Guidelines, in that the project involves the replacement of a previous commercial structure and a minor alteration in land use limitations. Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code (PMC), to approve VAR 09-04WCF, to allow the proposed office building and garage/workshop to observe an approximate zero front yard setback from the Sycamore Creek Road private road easement when a 50-foot public use setback is required in the zone, as shown on the site plan dated June 17, 2009, and a waiver of the requirement for a public use to install a 6-foot-high fence along the easterly interior side residential property line, 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 Resolution No. P-09-30 Page 2 classification. The special circumstance regarding the setback is that the property is constrained because the lot is encumbered by the excessively wide Sycamore Creek Road easement, it is irregularly shaped, and the location of the Sycamore Creek flood plain restricts where the replacement office and garage/workshop can be sited without requiring the need for extensive additional site grading; and The special circumstance concerning waiver of the requirement to install fencing as a buffer between the public use and adjacent residential property along the easterly interior side property line is that the area of development is already buffered from adjacent residential development along the interior side property line by Sycamore Creek, which bisects the subject property and distance is significant (250 feet) between the subject facility and adjacent residential; and B. Granting these Variances 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 other lots are not irregular in shape and encumbered by a 30-foot-wide private road easement, and Sycamore Creek does not traverse other lots so that it provides a natural physical buffer from adjacent residential lots; and C Granting these Variances would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the proposed office facility will be set back an adequate distance from the property lines to comply with health and safety- related City Building and Fire Code requirements, and Sycamore Creek will provide an adequate natural physicaL buffer of the use from adjacent residential property along the easterly interior side property line; and D. Granting these Variances does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that development is not constrained on other properties because of irregular shape and encumbrance by a wide road easement and Sycamore Creek which limit or prohibit the opportunity to replace the buildings that were destroyed in the Witch Creek Fire on an existing graded building pad; and Sycamore Creek provides a natural physical separation to buffer the public use from adjacent residential property along the easterly interior side property line; and E. Granting these Variances would not allow a use or activity not otherwise expressly authorized by the Zoning Code because the proposed office facility is permitted with the approval of a Conditional Use Permit (CUP 99-04); and F. Granting these Variances will be compatible with the City's General Plan because a public office use is permitted on land zoned for residential Resolution No. P-09-30 Page 3 development with the approval of a Conditional Use Permit and, additionally, the project will not result in a density increase. Section 3: The findings, In accordance with Chapter 17.52 PMC to approve MDRA 09-05WCF as shown on the project plans dated June 17, 2009, 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 public office facility on property that is designated for residential use, but a public office use is permitted with the approval of a Conditional Use Permit (CUP 99-04); and the project is in compliance with the conditions of approval established with Resolution No. P 99-69 for CUP 99-04. 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 office facility is in scale with surrounding residential development. Therefore, the proposed design, size, and scale of the proposed office facility is compatible with and will not adversely affect, or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources; and 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; and D. 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 09-04WCF, MDRA 09-05WCF and UW 09-02, to allow the construction of a 2,250-square-foot, single-story replacement office and a 1, 115-square-foot, detached garage/workshop on a Witch Creek Fire-impacted property located at 18372 Sycamore Creek Road, within the Rural Residential A zone; and to allow the buildings to observe a zero setback from the Resolution No. P-09-30 Page 4 Sycamore Creek Road easement when a 50-foot setback is required, as shown on the site plan dated June 17, 2009, subject to the following conditions: A. Approval of this Variance, Minor Development Review Application and Underground Waiver 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., Monday through Saturday, or at any time on a Sunday or holiday, except as provided in PMC 8.08.100 E. 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 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. 2. Erosion control securities in the form of a cash deposit of $2,000 is required. 3. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained by the developer from October 15 to April 15. The developer shall maintain all erosion control devices throughout their intended life. 4. 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 pollution control. Resolution No. P-09-30 Page 5 5. If the existing water service meter is required to be increased from a %-inch size to a 1-inch size due to 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. 6. All spoil materials from footings and foundations shall be legally disposed of offsite, unless a Grading Permit for placement of the materials is obtained from the Development Services - Engineering Division prior to placement or the applicant has received verification from the Department in writing that no permit is required. 7. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 8 The Poway Unified School District has advised that school fees will be waived for the replacement buildings on Witch Creek Fire-impacted properties where there 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. 9. The maximum height of any fence or wall, or any combination thereof, shall not exceed 6 feet; within the front yard setback the maximum height for a solid fence/wall cannot exceed 4 feet. Retaining walls shall be of decorative block or stucco finish consistent with the exterior of the proposed structures. 10. The project shall comply with the 2007 California Building Code and Disabled Access. 11. Ten (10) parking spaces shall be provided. Parking spaces shall be double striped and standard spaces shall have a minimum dimension of 18.5 x 8.5. Accessible parking spaces shall be provided in accordance with the Americans with Disabilities Act. 12. The color of the exterior building materials shall be consistent with the sample colors approved and on file in the Planning office and dated May 18, 2009. The building plans shall note the proposed exterior building materials and colors. 13. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. 14. Exterior parking lot lights are not permitted. Resolution No. P-09-30 Page 6 15. A letter will be required to be provided to the Building Division from the County Department of Environmental Health demonstrating that the septic system will support the new buildings. 16. Underground Waiver 09-02 shall not apply to service to a structure; lines between the proposed structures and the nearest pole must be installed underground. a. A note shall be added to the building plans that all utility service to the structures will be installed underground. b. The property owner shall record a deed covenant agreeing not to oppose a future private or public undergrounding district, and pay a pro rata share of future undergrounding costs. The deed covenant shall be in a form satisfactory to the Director of Development Services. 17. The following requirements shall be completed to the satisfaction of the Director of Safety Services: a. Roof covering shall be fire retardant as per CBC Section 1505, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526 b. 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. c. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. d. Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways located on the parcel with an 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. Pursuant to the PMC, the Fire Chief shall approve the road surface type. The structure is in the Wildland Urban Interface area; an interior automatic fire sprinkler system is required. Sprinkler plans will be required as a separate submittal by a licensed sprinkler contractor or fire protection engineer. If a pressure pump is required for fire sprinkler operation, auxiliary power is required. Resolution No. P-09-30 Page 7 e. All exterior, attached overhead covers 4 feet or greater in depth shall be equipped with an approved exterior fire sprinkler head (Teflon or wax coated). f. This dwelling is being built on a parcel size of 11.69 acre(s) and is beyond the maximum of 500 feet to the nearest fire hydrant. The size of the proposed development/improvement is less than 3,600 square feet. g. The dwelling will be required to have 10,000 gallons of standby water (water tank) for firefighting purposes and to support a residential sprinkler system. The standby water will also require Fire Department connection capability. h. Tank size, location of tank in relation to building pad elevation and zoning setbacks, type of construction, external tank color, and design features will be required to be shown as part of the of the plan check submittal. I. Contact the Poway Fire Department, Division of Fire Prevention, for details at 858-668-4470 prior to submitting building plans. J. A Knox security key lock and/or box, to be located on the building, is required. k. If an electric powered gate is installed across the access way to the structure, it shall have a Knox override key switch that shall be ordered through the Poway Fire Department. I. The area vegetation is dominated by mature oak riparian-type woodland. As such, fuel management within the immediate area of the woodlands will not be required with two exceptions: . No tree limbs are to be closer than 10 feet to any structure. . Non-woodland areas, i.e., chaparral dominated areas that are within 100 feet of structures, shall be thinned and reduced in biomass, and maintained in accordance with the City's Wildland Defensible Space Program policies and guidelines. m. A specific fuel management landscape and irrigation plan is not required for this project. Resolution No. P-09-30 Page 8 n. 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: o. Exterior wall finished 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 norninal, solid blocking between rafters at all roof overhangs. Wood shingle and shake wall coverings shall be prohibited. p. 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. q. 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 be reinforcement in the interlock area, and be certified ANSI/AAMA/NWWDA101/I.S.2-97 structural requirements. Provide note on plans. r. Skylights and solatubes shall be tempered glass. Provide note on plans. s. Exterior doors shall be of approved noncombustible construction or ignition-resistant, solid core wood not less than 1:y. 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. t. All eave and soffit construction shall be ignition resistant and in compliance with Chapter 15.05 PMC - Wildland Urban Interface Building Code. Provide details and note on plans for eave and soffit construction. u. 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. Resolution No. P-09-30 Page 9 Provide details showing size and location of attic ventilation and subfloor ventilation on plan. v. 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. w. 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. x. 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 minimum, 5-foot length section of noncombustible fencing material is installed as a firebreak immediately adjacent to the gate. y. 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, fi re-resista ncecrated construction or heavy-timber construction per the California Building Code. z. All awnings attached to any structure shall meet the 15cfoot, structure-setback requirement and be identified as fire rated. Additionally, the awning shall be contained in a metal, self-closing or box-protected cover. aa. 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. 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-09-30 Page 10 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. Brush Management shall be completed to the satisfaction of the Director of Development Services and the Fire Marshal in accordance with the approved plans. 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.. Section 5: The approval of Variance 09-04WCF, Minor Development Review Application 09-05WCF, and Underground Waiver 09-02 shall expire on September 1 , 2011, 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 1st day of September 2009. ~uv-- ATTEST: ~ =----- . Troyan, MMC City Clerk Resolution No. P-09-30 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-09-30, was duly adopted by the City Council at a meeting of said City Council held on the 1st day of September 2009, and that it was so adopted by the following vote: AYES: Higginson, Cunningham, Kruse, Rexford (via Teleconference) NOES: None ABSTAIN: None ABSENT: Boyack ~ e- ~ . Troyan, MMC City Clerk f Poway