Res P-11-08RESOLUTION NO. P -11 -08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 10 -03 AND
MINOR DEVELOPMENT REVIEW APPLICATION 10 -26
ASSESSOR'S PARCEL NUMBER 321 - 220 -09
WHEREAS, Variance (VAR) 10 -03 and Minor Development Review Application
(MDRA) 10 -26, submitted by New Pointe Investment 6, LLC, requests approval to allow the
construction of a 3,890- square -foot, two -story residence with an attached three -car garage
on the property located in High Valley at 14874 Golden Sunset Court that will observe a
zero front yard setback from a 60- foot -wide private road easement and an 11 -foot setback
from a 20- foot -wide private road easement when a 40 -foot front yard setback is required in
the Rural Residential B (RR -B) zone; and
WHEREAS, on April 19, 2011, 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: A Mitigated Negative Declaration was approved with the original approval of
MDRA _03 -45 on November 4, 2003. This document and the associated mitigation
requirements are applicable to the current project proposal. Pursuant to Section 15162 of
the California Environmental Quality Act, the proposed project, which is substantially similar
to the original approved project, is within the scope of the prior environmental document;
therefore, no additional environmental review was conducted.
Section 2 : The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code (PMC), to approve VAR 10 -03 to allow the construction of a 3,890- square -foot,
two -story residence with an attached three -car garage on the property located in High
Valley at 14874 Golden Sunset Court that will observe a zero front yard setback from a
60- foot -wide private road easement and an 11 -foot setback from a 20- foot -wide private road
easement when a 40 -foot front yard setback is required in the Rural Residential B (RR -B)
(as shown on the site plan dated February 11, 2011), 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 circumstances include the fact that development on the site is restricted
where it can occur due to the following constraints:
1: Excessive easement encumbrances: A 60- foot -wide private road easement,
• 20- foot -wide private road easement, a 20- foot -wide utility easement, and
• 100 - foot -wide San Diego County Water Authority aqueduct easement
crisscross the property and restrict placement of a residence; and
Resolution No. P -11 -08
Page 2
2. Steep topographic conditions: The average slope of the property is 26.6%
and the easterly half consists of steep slope that is not conducive to
development.
3. A graded building pad that was approved and developed in accordance with
VAR 03 -14 exists on the site and to a great degree dictates where residential
development can occur without the heed to do extensive additional grading.
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 in that the setback
Variance will allow the residence to have a usable back yard area which is consistent
with what other residential properties in the area are afforded and enjoy.
C. 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 the residence will be sited clear of the two undeveloped onsite private road
easements which have experienced little to no access use in the past; 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
the surrounding properties have been developed with single - family homes and have
usable back yard areas; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR -B zone because a single - family home is a permitted use; and
F. That the proposed Variance will be compatible with the City's General Plan because
a residence is a use that is permitted on an existing legal lot is and does not result in
a density increase.
Section 3: The findings, in accordance with Chapter 17.52 PMC to approve MDRA 10 -26
as shown on site plan dated February 11, 2011, and elevation /floor plans dated December
9, 2010, on file with the Planning Division, are made as follows:
A. 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
B. That the approved project will not have an adverse effect 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
Resolution No. P -11 -08
Page 3
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 properties 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
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 10 -03 and MDRA 10 -26 to allow the
construction of a 3,890- square -foot, two -story residence with an attached three -car garage
on the property located in High Valley at 14872 Golden Sunset Court. The house will
observe a zero front yard setback from a 60- foot -wide private road easement and an 11 -foot
setback from a 20- foot -wide private road easement when a 40 -foot front yard setback is
required in the Rural Residential B (RR -B) (as shown on the site plan dated February 11,
2011, and the elevation /floor plans date December 9, 2010):
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers,
and employees from any and all claims, actions, proceedings, damages, judgments,
or costs, including attorney's fees, against the City or its agents, officers, or
employees, relating to the issuance of this permit, including, but not limited to, any
action to attack, set aside, void, challenge, or annul this development approval and
any environmental document or decision. The City may elect to conduct its own
defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification. In the event of such election, the
applicant shall pay all of the costs related thereto including, without limitation,
reasonable attorney's fees and costs. In the event of a disagreement between the
City and applicant regarding litigation issues, the City shall have the authority to
control the litigation and make litigation related decisions including, but not limited to,
settlement or other disposition of the matter. However, the applicant shall not be
required to pay or perform any settlement unless such settlement is approved by
applicant.
B. Approval of this Variance 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.
C. Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
Resolution No. P -11 -08
Page 4
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 garage of the subject residence has been approved to be within 11 feet of a
20- foot -wide private road easement (Per Book 5599, Page 320 of Official San Diego
County Recorder's Office Records). In the event the beneficiary of the referenced
easement chooses to use access rights and develop a road within the 20- foot -wide
easement, the owner of the subject lot shall not park any vehicles in front of the
garage that blocks access along the 20 -foot easement.
F. 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. Any 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.
(Engineering)
2. A Grading Permit to pave the private access road is to be issued. Issuance
will involve submittal of grading plans, cost estimate, posting of securities,
and payment of fees.
3. Prior to start of any work within the City -held easement, a Right -of -Way Permit
shall be obtained from the Development Services Department Engineering
Division. All appropriate fees shall be paid prior to permit issuance.
4. The project proposes to use porous concrete for the driveway within the
existing water easement. The concrete must meet fire department load
requirements. An Encroachment Agreement is to be submitted for this work.
The agreement shall be approved and recorded prior to construction of the
driveway.
5. The applicant shall pay all applicable development impact fees in effect at time
of permit issuance. The current fees are estimated as follows:
a. Water
$5,448
b. Sewer
$5,836
C. Drainage
$1,570
d. Fire Apparatus
$122.03
e. Traffic
$2,160
Resolution No. P -11 -08
Page 5
f. Park $4,562
g. SDCWA (per separate check) $4,326
(Planning)
6. According to the habitat assessment and impact area calculations prepared
by Vince Scheidt, the biological consultant for MDRA 03 -45, for which grading
of the subject lot was completed, the proposed. project (which is similar to the
project approved with MDRA 03 -45) results in impacts to approximately 1.22
acres of Coastal Sage Scrub (CSS) and 0.32 acres of Non - native grassland
(NNG) with site and access grading, and brush management clearance.
Habitat impacts to CSS and NNG habitat must be mitigated at a minimum of
2:1 ratio for 2.44 acres of undisturbed unencumbered native CSS habitat and
0.64 acres of undisturbed unencumbered NNG. Habitat mitigation associated
with site grading approved with MDRA 03 -45 was never completed due to an
unexpected termination of a mitigation land purchase transaction. Therefore,
development associated with MDRA 10 -26 is required to complete all
necessary habitat mitigation, (including mitigation for any habitat impacts that
result if additional grading is necessary to relocate the access driveway to be
within the road easement). Based on the proposed project design, habitat
mitigation shall be completed as follows:
a. The subject property is located outside of the Poway Subarea Habitat
Conservation Plan (PSHCP) Mitigation Area; therefore, mitigation
requires offsite dedication of 2.44 acres of CSS habitat and 0.64 acres
of NNG habitat of equal or greater conservation value. Said offsite
dedication shall require the applicant to place a total of 3.08 acres of
in -kind habitat in a Biological Conservation Easement (BCE). Said
BCE shall be approved by the Director of Development Services and
shall be notarized and recorded with the County of San Diego. In
compliance with the PSHCP, the City shall subsequently re -zone
the mitigation land to Open Space- Resource Management to ensure
its permanent preservation. The applicant may opt to complete the
mitigation requirement through payment of a Habitat Mitigation In -Lieu
Fee. Presently, the Habitat Mitigation In -Lieu Fee is $17,000 /acre.
Therefore, the Habitat Mitigation In -Lieu Fee would be $52,360 for
mitigation of 3.08 acres of habitat.
b. Site grading has already been completed. If the applicant proposes to
undertake additional site grading to relocate the access driveway to be
within the road easement, in accordance with Condition H of the Poway
HCP Incidental Take Permit, a take of active California Gnatcatchers
nests, which includes harassment of the bird due to grading noise and
vibrations from February 15 through July 1, is not permitted. Therefore,
grading during this time frame will only be permitted subject to the
following conditions having been met to the satisfaction of the Director
of Development Services.
Resolution No. P -11 -08
- Page 6
C. If grading or clearing is to occur between February 15 and July 1, the
applicant shall provide to the Planning Division a letter from a qualified
biologist (retained by the applicant) that outlines a scope of work for
a Gnatcatcher survey and a map for the area to be cleared and /or
graded, and CSS habitat areas within 500 feet of such area. The
biologist shall contact the U.S. Fish & Wildlife Service (USFWS) to
determine the appropriate Gnatcatcher survey methodology. The
purpose of the survey is to determine if any active Gnatcatcher nests
are located in the area to be cleared or graded, or in CSS habitat within
500 feet of such area. To be considered qualified, the biologist must
provide the City with a copy of a valid Gnatcatcher Recovery Permit
from the USFWS.
d. The scope of work shall explain the survey methodology for the
Gnatcatcher survey and the proposed Gnatcatcher nest monitoring
activities during the clearing /grading operation if a Gnatcatcher nest is
located within 500 feet of areas to be graded.
e. Should the report show, to the satisfaction of the Director of
Development Services, that Gnatcatcher nests are not present within
the area to be graded /cleared, or within CSS habitat located within
500 feet of said area, approval may be granted to commence clearing/
grading within the Gnatcatcher nesting season from February 15
through July 1.
f. The applicant is hereby advised that, during grading, if active nests are
found within 500 feet of the grading, the grading activity shall be
stopped until such time as mitigation measures to the satisfaction of the
City and the USFWS are implemented. There is no guarantee that
grading will be allowed to resume.
g. The biologist must attend the City's pre- construction meeting for the
project and must be present onsite during all clearing /grading activities
to monitor that the clearing /grading activities stay within the designated
limits. If grading /clearing occurs between February 15 and July 1, the
biologist shall also monitor and survey the habitat within the area to be
cleared /graded, and any habitat within 500 feet of said area, on a
weekly basis for any evidence that a Gnatcatcher nest(s) exists or is
being built. Weekly monitoring summaries shall be submitted to the
Planning Division. Should evidence of a Gnatcatcher nest(s) be
discovered, the clearing /grading activities shall cease in that area and
be directed away from the Gnatcatcher nest(s) to a location greater
than 500 feet away from the nest(s). If clearing /grading is required to
stop due to the presence of active nests, the applicant shall provide
erosion control to the satisfaction of the City Engineer. This paragraph
Resolution No. P -11 -08
Page 7
must be included as a note on the cover sheet of the clearing /grading
plan.
h. Upon completion of the clearing /grading activities, the applicant's
biologist shall submit to the Director of Development Services a
biological monitoring report summarizing the daily observations of the
biologist, including whether any Gnatcatchers or evidence of active
Gnatcatcher nests were present during clearing and grading activities
within the area and any habitat within 500 feet of said area.
The biologist shall provide the City with written confirmation that the
limits of clearing /grading are in accordance with the project's Biological
Technical Report.
If the survey reports that Gnatcatcher nests are present within the area
to be graded /cleared, or within CSS habitat located within 500 feet of
said area, no grading will be allowed during the Gnatcatcher nesting
season until such time as mitigation measures to the satisfaction of the
City and the UWFWS are implemented.
7. Landscape and irrigation plans shall be submitted and approved. The
landscape and irrigation plans shall demonstrate compliance with the City of
Poway Landscape and Irrigation Design Manual, Chapters 17.07 and 17.41 of
the Poway Municipal Code, and all other applicable standards in effect at the
time of landscape and irrigation plan check submittal. The landscape and
irrigation plan submittal is a separate submittal from other project plan check
submittals, and is made directly to the Planning Division. Contact the Planning
Division for copies of applicable City standards, the landscape and irrigation
plan submittal checklist, and the plan review fee worksheet. Landscape and
irrigation plan review fees are required and are the responsibility of the
applicant.
All manufactured slopes greater than a 5:1 slope and Vegetation Management
Zones shall be landscaped and irrigation shall be installed to the satisfaction of
the Director of Development Services and the Fire Marshal. Manufactured
slopes greater than 5:1 shall be planted with a combination of ground cover,
shrubs, and trees (with ratios and sizes consistent with the guidelines), and
shall be provided with an automatic irrigation system operational at the time of
final inspection.
If Vegetation Management takes place offsite, the applicant shall obtain and
execute a Vegetation Management Easement from the impacted adjacent
property owner(s).
9. The project shall be equipped with water - efficient plumbing fixtures as required
by PMC 17.07.020.
Resolution No. P -11 -08
Page 8
10. The maximum height of any fence or retaining wall shall not exceed 6 feet.
Retaining walls shall be of decorative block or stucco finish consistent with
the exterior of the residence. Building plans shall clearly show the location,
material and heights of retaining walls.
11. 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.
12. The plans shall show all new utilities placed underground.
13. This property is in an area not served by natural gas. The project therefore
will be required to install a temporary power pole which will provide service to
the project during the construction stages.
14. The location of any proposed propane tanks shall be shown on the building
plans.
15. The Affordable Housing In -Lieu Fee shall be paid.
16. The following requirements shall be completed to the satisfaction of the
Director of Safety Services:
a. The parcel is located within the Very High Fire Hazard Area of the City;
therefore, Chapter 15.05 PMC and California Building Code Chapter 7A
will apply.
b. The applicant shall comply with Section 6 of the City of Poway
Landscape and Irrigation Design Manual and Chapter 15.05 PMC as it
relates to fuel management and defensible space. One - hundred feet of
fuel management is required. For this project, where 100 feet of fuel
management cannot be achieved, a 6- foot -high, non - combustible fire
wall will be required as mitigation.
C. A residential fire sprinkler system, with a one -inch meter, will be
required. A separate plan submittal to and approval by the Poway Fire
Department, Division of Fire Prevention, prepared by a licensed
sprinkler contractor or fire protection engineer is required for the
residential sprinkler system prior to installation.
A separate fee is required for this plan check. If a one -inch
lateral off the street main is currently not present, one will have
to be installed. If a pressure pump is required for fire sprinkler
operation, auxiliary power is required.
Resolution No. P -11 -08
Page 9
ii. 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).
e. Every building shall be accessible to Fire Department apparatus by way
of access roadways with an all- weather driving surface of not less than
16 feet of unobstructed width, with roadway interior turning radius of not
less than 28 feet, 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.
f. 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
roadways.
g. 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. The address shall be required at private
driveway entrances.
h. A set of plans that are stamped and approved by the Safety Services
Department is required to be kept on site throughout the construction
process.
The applicant is strongly encouraged to meet with Safety Services staff
prior to submitting building plans to review applicable local and state fire
and building safety requirements for this project. Contact Kevin Kitch at
(858) 668 -4462 for details.
G. Prior to issuance of a Certificate of Occupancy:
1. 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 in accordance with the approved project brush
management/landscape plan. 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.
Resolution No. P -11 -08
Page 10
(Engineering)
2. All proposed utilities or extension of utilities required to serve the project
shall be installed underground. No extension of overhead utilities shall be
permitted.
3. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility services
shall be placed underground.
4. 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.
5. 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.
6. Record drawings, signed by the engineer of work for the re- issued Grading
Permit, shall be submitted to Development Services prior to a request of
occupancy, per Section 16.52.1308 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. Submittal at least three weeks prior to a request for occupancy is
recommended.
(Public Works)
7. The water meter shall be relocated to be clear of the driveway, to the satisfaction
of the Director of Public Works.
Section 5 : The approval of Variance 10 -03 and MDRA 10 -26 shall expire on
April 19, 2013, 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.
Resolution No. P -11 -08
Page 11
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of April 2011.
ATTEST:
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
Don Higginson, Mayor I'f
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- 11 -08, was duly adopted by the City
Council at a meeting of said City Council held on the 19th day of April 2011, and that it was
so adopted by the following vote:
AYES: BOYACK, GROSCH, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSTAIN: NONE
DISQUALIFIED: MULLIN
� A. Troyan, MMC, City Clerk
of Poway