Res P-02-76RESOLUTION NO. P-02-76
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 02-09 AND
MINOR DEVELOPMENT REVIEW APPLICATION 02-03
ASSESSOR'S PARCEL NUMBER 321-210-70
WHEREAS, Variance 02-09 and Minor Development Review Application 02-03,
submitted by Richard Carroll, Applicant, and Steve and Jacque Carroll, Owners, a request
for approval to construct a 2,450-square-foot residence and an attached 1,056-square-foot
garage/workshop on the vacant property located at 14258 Mountain Road within the Rural
Residential C (RRC) zone. The applicant is also requesting a variance approval to reduce
the side yard setback from 20 feet to 15 feet and reduce the front yard setback from 40 feet
to 10 feet; and
WHEREAS, on December 17, 2002, 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, the City Council does hereby resolve as follows:
Section 1: The City Council has considered the Environmental Initial Study (ELS), Mitigated
Negative Declaration (MND), and associated Mitigation Monitoring Program shown as
Exhibit A of this Resolution for Variance 02-09 and Minor Development Review 02-03. The
subject ElS and MND documentation are fully incorporated herein by this reference. The
City Council finds, on the basis of the whole record before it, that there is no substantial
evidence the project will have a significant impact on the environment, that the mitigation
measures contained in the ElS and Exhibit A hereof will mitigate potentially significant
impacts to a less than significant level, and that the MND reflects the independent judgment
and analysis of the City. The City Council hereby approves the MND (Attachment C) and
the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 02-09, to allow a 2,450-square-foot residence that will be
constructed on the vacant lot located at 14258 Mountain Road in the Rural
Residential-C (RR-C) Zone to maintain a 15-foot side yard setback rather than the required
20-foot setback and a 10-foot front yard setback rather than the required 40 feet, as shown
on the site plan dated October 18, 2002, are made as follows:
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 circumstances include the fact that the subject lot is constrained by a
creek that traverses the westerly half of the property and restricts where the house
can be sited to observe an adequate buffer than the creek; and
Resolution No. P-02-76
Page 2
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 the
developable area of the lot is constrained by a creek that traverses the westedy half
of the property and restricts where the house can be sited; and,
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 served by City
water and sewer service and the residence will observe an adequate setback
(approximately 35 feet) from the paved portion of Mountain Road; and,
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
the surrounding properties have been developed with single family homes; and,
Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C zone because a single-family home is a permitted use; and
That the proposed Variance will be compatible with the City's General Plan because
the use is permitted and does not result in a density increase.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code
to approve Minor Development Review 02-03 as shown on plans dated October 18, 2002,
on file with the Planning Division, are made as follows:
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 rural
residential use. Therefore, the proposed use respects the interdependence of land
values and aesthetics to the benefit of the City; and
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
That the granting of the Minor Development Review would not be materially
detrimental to the public health, safety, or welfare since the proposed use will
complete improvements as deemed necessary; and
That the approved development encourages the orderly and harmonious
appearance of structures and property within the City as the neighboring properties
consist of rural residential estate lots. Therefore, the proposed development
respects the public concerns for the aesthetics of development; and
Resolution No. P-02-76
Page 3
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
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 Variance 02-09 and Minor Development
Review Application 02-03, to allow the construction of a 2,450-square-foot, single-story
residence having a 1,056-square-foot attached garage/workshop on the vacant lot located
at 14258 Mountain Road in the Rural Residential-C Zone that would observe a 15-foot side
yard setback rather than the required 20-foot setback and a 10-foot front yard setback
rather than the required 40-foot setback as shown on plans dated October 18, 2002,
subject to the following conditions:
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.
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
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.
Prior to issuance of a Grading or Building Permit, whichever comes first, the
applicant shall comply with the following:
An open space easement shall be recorded over the riparian habitat and
creek and the required 25-foot, no-development buffer (with the exception of
landscaping and supporting irrigation) adjacent to the creek to the
satisfaction of the Director of Development Services.
Landscaping within the required 25-foot, no-development buffer setback from
the creek shall be limited to plant material that is compatible with the Mule
Fat Scrub/Riparian Habitat.
If grading is to exceed 50 cubic yards of earthwork, or if the cut is greater than two
feet in vertical depth and creates a cut slope steeper than 2:1 (two horizontal to one
vertical), or if the fill is more than one foot in vertical depth, then the applicant shall
apply for a Grading Permit, and submit a grading plan for review and approval to the
City Development Services Department. If the above conditions do not apply, then
the applicant shall provide certification from a State Registered Civil Engineer
indicating the quantity of earthwork involved and pay a $500 inspection fee prior to
Building Permit issuance.
Resolution No. P-02-76
Page 4
If a Grading Permit is required, the applicant shall comply with the following:
Submit a grading plan for the development of the lot prepared on a City of
Poway standard Mylar at a scale of 1"--20', along with a Grading Permit
application and applicable fees to the Development Services Department-
Engineering Division for review and approval. A grading plan submittal
checklist is available at the Engineering Division front counter. As a
minimum, the grading plan shall show the following:
Tops and toes of graded slopes shall be shown with a minimum five-
foot setback from open space areas and property lines. Buildings
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 a Grading Permit.
Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
A separate erosion control plan for prevention of sediment run-off
during construction.
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.
Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
All development (exclusive of road and trail improvements and
installation of landscaping and irrigation) shall maintain a minimum 25-
foot setback from the riparian vegetation and creek area.
g. Limits of the floodplain and floodway.
Location of required 10-foot trail easement and 6-foot wide
improvements along the northerly limits of the paved portion of the
Mountain Road Easement.
Open Space Easement as required by Item D.1 of Section 4 listed
above.
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.
Resolution No. P-02-76
Page 5
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 easements required to properly handle the drainage.
Concentrated flows across driveways are not permitted. The study shall
address the hydraulics of the natural creek, and the amount of flow
contribution from the project. Although the property is not shown on the
National Flood Insurance Rate Map to be within a special inundated area, the
site and the surrounding areas shall be investigated for potential flooding
effects during the Base Flood event and if affected by flooding, appropriate
measures for protection of the dwelling, such as raising the finish floor above
the Base Flood elevation, shall be undertaken. The flood study shall be part
of the overall drainage study.
To insure compliance with the Clean Water Act, the applicant 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 desilting basin with the capacity of 3,600-cubic-feet of
storage per-acre drained, or designed to remove fine silt for a 10-year, 6-hour
storm event, a material storage 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 to effectively eliminate pollutants from entering
the storm drain system. The applicant shall certify the SWPPP prior to
approval of the grading and improvement plans. The SWPPP may be
incorporated with the erosion control plan, but shall be under separate cover
from the grading and improvement plans.
The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
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 cash security of $2,000 is required.
The applicant shall obtain the necessary permits and approvals from the
California Department of Fish and Game, Army Corps of Engineers and the
Regional Water Quality Control Board for the required creek crossing
improvements.
Prior to any clearing, grubbing or grading, the applicant shall comply with the
following:
At a minimum, all protected areas as shown on the grading plans,
shall be staked by a licensed surveyor and delineated with lathe and
ribbon. The applicant shall have said staking inspected by the
Resolution No. P-02-76
Page 6
Engineering Inspector prior to grading. A written certification from the
engineer of work or a licensed surveyor shall be provided to the
Engineering Inspector stating that all protected area are staked in
accordance with the approved project plans.
Prior to issuance of a Grading Permit or beginning of construction, whichever
occurs first, the applicant shall submit for Engineering review and approval,
improvement plans for Mountain Road to comply with the standards of
Section 12.20.120 of the Poway Municipal Code. The initial submittal shall
include plan checking and inspection fees. The improvement plans shall
include the following:
Widening of Mountain Road from the current pavement width of 10
feet to 20 feet. The widening shall be from Espola Road to the
easterly property line of the subject parcel. The existing paved portion
of the roadway shall remain, but the deteriorated areas shall be
repaired or crack-sealed. The new pavement shall join the existing
pavement with a smooth transition. The new surfacing shall consist of
a minimum of 2 inches asphalt concrete. The entire pavement shall be
overlaid with 1-inch asphalt after construction.
Plan, profile, and typical roadway section, including the existing 28-
foot easement.
c. A 6-foot graded shoulder made of compacted native material.
The relocation, if necessary, of the existing fire hydrant and
associated improvements northerly to the back of the widened road.
The fire hydrant shall be placed at a location approved by the Poway
Fire Department.
The extension of the existing corrugated metal pipes to the new toe of
slope.
Compliance with the following conditions is required during grading operations:
The site shall be developed in accordance with the approved site plans 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.
Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
construction period. The developer shall maintain all erosion control devices
throughout their intended life.
Ho
Resolution No. P-02-76
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Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a Blasting Permit shall be obtained from the Engineering
Division. Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by the Director of Development
Services.
Prior to construction the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
3.
The site shall be developed in accordance with the approved plans dated
October 18, 2002 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.
The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance.
Building Permit plans shall show:
a. Limits of the floodplain and floodway.
b°
Open Space Easement as required by Item D.1 of Section 4 listed
above.
°
°
Co
Note the proposed colors, texture and type of the exterior building
materials for the residence and garage/workshop.
School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway School District for
additional information at (858) 748-0010, ext. 2089.
The plans shall show all existing and new utilities placed underground.
Payment of the Affordable Housing In-Lieu Fee in the amount of $2,950 (fee
based on a 2,450-square-foot house).
Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
construction period.
If a Grading Permit is required, rough grading is to be completed and meet
the approval of the City inspector, and shall include submittal of the following:
Resolution No. P-02-76
Page 8
A certification of line and grade for the lot, prepared bythe engineer of
work.
10.
b. A final soil compaction report for review and approval by the City.
Prior to start of any work within City-held easements, right-of-way, or open
space property, 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.
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 erosion control can be provided using one or more of the
following guidelines:
Provide an onsite desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with an approved mulch.
Install an earthen or gravel bag berm that retains 3 inches of water
over all flat areas prior to discharge, effectively creating a desiltation
basin from the pad.
11.
All erosion control and pollutant control measures shall be installed and
maintained by the developer throughout the duration of the construction
period.
12.
The nearest public sewer is located on Espola Road, approximately 500 feet
from the project site. The property owner shall apply to the City for a
temporary sewer connection, which is subject to City Council approval. The
application shall be accompanied by a fee of $500.
13.
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. Awritten 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.
The following development fees shall be paid to the Engineering Services Department prior
to Building Permit issuance. These fees are currently in effect and are subject to change.
Water: Meter Size Cost Expansion Fee
Resolution No. P-02-76
Page 9
**SDCWA Fee
Service Line
-inch $130 $3,710 $2,004 $1,430
'1 -inch $270 $6,678 $3,206 $1,430
If required for fire safety only, %" meter fees for Expansion & SDCWA
will be applicable.
Sewer: Connection Cleanout box Inspection Indirect Benefit
$2,356 $50 $25 N/A
Traffic Mitigation $990
Park $2,720
Drainage $1,570
Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with
the following:
Driveways, drainage facilities, slope landscaping, and protection measures,
shall be constructed, completed, and inspected by the Engineering Inspector.
The driveway shall be constructed in accordance with Poway Municipal
Code, Section 17.08.170D, and its structural section shall be shown on the
grading plan.
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.
All existing and proposed utilities within the project site shall be installed
underground.
The developer shall repair, to the satisfaction of the City Engineer, any and
all damages to the private road improvements caused by construction activity
from this project.
Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request for 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.
The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
7. All exposed slopes greater than 5:1 slope shall be planted and irrigated.
o
Resolution No. P-02-76
Page 10
A private road maintenance agreement for Mountain Road in a form
satisfactory to the City Attorney shall be executed by the property owner, per
Municipal Code Section 12.20.060.
The following improvements shall be constructed to the satisfaction of the Director
of Safety Services:
Roof covering shall be fire retardant as per UBC Section 1503 and 1504,
UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
=
=
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.
Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
If applicable, the applicant shall comply with the City of Poway Guide to
Landscape Maintenance as it relates to fuel management zones.
The access roadway shall be extended to within 150 feet of all portions of the
exterior walls of the first story of any building. Where the access roadway
cannot be provided, approved fire protection system(s) shall be provided as
required and approved by the Division Chief.
A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (If a one-inch lateral off the street main is currently not present,
one will have to be installed.)
The following improvements shall be completed to the satisfaction of the Director of
Public Works:
This parcel is located within Landscape Maintenance District 86-1. The
parcel is exempt from annexation.
The subject property is located with the General Plan conceptual trail scheme
as a Community Trail. A minimum 10-foot-wide trail easement shall be
dedicated on the northerly limits of the paved portion of the Mountain Road
easement. Said trail shall be improved to a 6-foot width and have a surface
consisting of 4 inches of decomposed granite.
Resolution No. P- 02-76
Page 11
Section 5: The approval of Variance 02-09 and Minor Development Review Application 02-
03 shall expire on December 17, 2004, 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.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 17th day of December 2002.
ATTEST:
nn~ [:'6b~Te~;, Cit~-Cl~rk
M ~~~myor
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 02-76 duly adopted by the City
Council at a meeting of said City Council held on the 17th day of December 2002, and that
it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
[or~ Anne-Peo~les, City rclerk-
City of Poway
Resolution No. P-02-76
Page 12
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR Variance 02-09 and MDRA 02-03
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting
or monitoring program for the changes which it has adopted or made a condition of project
approval in order to mitigate or avoid significant effects on the environment. The reporting or
monitoring program shall be designated to ensure compliance during project implementation."
This mitigation monitoring program has been prepared in accordance with Section 21081.6 of
the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated monitor,
shall result in issuance of a cease and desist order for all construction activities. The order shall
remain in effect until compliance is assured. Non-compliance situations, which may occur
subsequent to project construction, will be addressed on a case-by-case basis and may be
subject to penalties according to the City of Poway Municipal Code. When phasing of
development has been established, it may be necessary for this Monitoring Program to be
amended, with City approval.
Topic Mitigation Measure Timing Responsibility
Biological a. Development shall maintain a minimum 25- a. Prior to a. Applicant
Resources foot setback from the top of the creek bank approval of
and the riparian/Mule Fat Scrub vegetation, grading/clearing,
An Open Space Easement shall be or improvement
recorded over the creek and riparian/Mule plans for
Fat Scrub vegetation and the required 25- Mountain Road
foot, development-free setback area. widening and
improvements.
b. The required permits and approvals shall be b. Prior to b. Applicant
obtained from the California Department of approval
Fish and Game, Army Corps of Engineers grading/clearing
and the Regional Water Quality Control or improvement
Board. plans for
Mountain Road
widening and
improvements.
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