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.
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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
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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.
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ATTEST:
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. 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
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. Troyan, MMC City Clerk
f Poway