Item 2 - MCUP 91-05 & MDRA Phillip Chenn Distribution: April 11, 2003
AGEI DA REPORT SU NIARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manager('~
INITIATED BY: ' Niall Fritz, Director of Development Services~'
DATE: April 15, 2003
SUBJECT: Modification to Conditional Use Permit 91-05(M) and Minor Development Review
92-64R, Phillip Charm, Applicant
ABSTRACT
A request to add a 2,206-square-foot, two-story addition onto an existing 4,522-square-foot residential
care facility located at 16031 Pomerado Road with the Residential Single-Family-2 zone (Attachments
D, E, F, G, H, I and J). The request also includes redevelopment of the existing garage area to living
space and the construction of a new detached two-car garage (Attachments C, D, G, H and J).
The item has been continued from previous City Council meetings (December 17, 2002, January 14,
2003, February 4, 2003, March 18, 2003 and April 1, 2003) to allow the applicant time to review
project design alternatives with concerned property owners in the area. The proposed revised design
complies with City development standards and is acceptable to both the neighbors and the applicant.
ENVIRONMENTAL REVIEW
This proposed project is Categorically Exempt (Class 1 ) from the California Environmental Quality Act,
pursuant to Section 15301, in that the project consists of a minor addition to existing facilities.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public notice was published in the Poway News Chieftain and mailed to property owners within 500
feet of the project area.
RECOMMENDATION
It is recommended that the City Council approve CUP 91-05M and MDRA 92-64R subject to the
conditions in the attached proposed Resolution.
ACTION
M:\city\plan ning\O2reports\cup\cup9105.sum5
1 of 23 April 15, 2003 Item
AGENDA REPORT
TO: Honorable Mayor and Members of the City, Council
FROM: James L. Bowersox, City Manager,/~~'
INITIATED BY: Niall Fritz, Director of Development Services v~~/~
Patti Brindle, City Planner ~
Carol Rosas, Associate Planner~,~o~/'
DATE: April 15, 2003
SUBJECT: Modification to Conditional Use Permit (CUP) 91-05(M) and Minor
Development Review (MDRA) 92-64R, Phillip Chenn, Applicant: A
request to add a 2,154-square-foot, two-story addition onto an
existing 4,522-square-foot residential care facility located at 16031
Pomerado Road within the Residential Single-Family-2 zone. The
request also includes the conversion of the existing garage to
living space and the construction of a 754-square-foot detached
garage.
APN: 275-231-02
BACKGROUND
This item was continued from previous City Council meetings (December 17, 2002, January
14, 2003, February 4, 2003, March 18, 2003 and April 1, 2003) to allow time for the
applicant to work with surrounding property owners to devise a project design that better
addressed neighbors' concerns about the proposed two-story addition and diminished
pdvacy and view obstruction.
During the past 3 months, Dwight Rogers, the project architect, and Mr. Charm, the
applicant, met several times with nearby residential property owners. The neighbors
indicated a preference that the two-story element of the project be relocated to an alternate
location on the site further away from the northerly property line. The proposed revised
design complies with City development standards and is acceptable to both the neighbors
and the applicant. The revised design consists of the following (Attachments D, E, F, G, H,
I and J):
· Demolition of the existing 720-square-foot, two-car garage (Attachment C).
· Construction of a proposed 2,206-square-foot, two-story addition (Attachments D, E,
F, H, [ and J). The project was revised so that the second-story addition will be
2 of 23 April 15, 2003 Item
Agenda Report
April 15, 2003
Page 2
- offset an additional 12 feet from the northerly side property line. The second story
addition, therefore, will observe a 27-foot side yard setback and the first floor
addition will observe a 17-foot side yard setback from the northerly property line. A
15-foot side yard setback is the standard for the RS-2 zone. This design
modification will allow more side yard privacy for the Levy property to the north.
· Construction of a new detached, partially underground, two-car garage in front of the
existing garage that is to be demolished (Attachments D, G, H and J). The modified
project design has resulted in the proposed garage being relocated from the
originally proposed location in front of the facility and along the southerly property
line.
· The revised project design proposes the construction of a basement storage area
that will be almost entirely underground with no external access (Attachments G and
H). The basement will be constructed below the proposed two-story addition.
· The revised project will also result in a new outdoor area; with a first floor level
terrace and a trellis covered second story balcony (Attachments D, E, H and J).
The project has been designed to comply with the development standards for residential
uses in the Residential Single-Family-2 zone as shown in the following Zoning Table.
- ZONING TABLE
RS-2 Standard Existing Proposed
Front Setback 30 feet 200 feet 178 feet
Side Setbacks 15/15 feet 15/17/17 feet 15/17/17 feet
Rear Setback 40 feet 51 feet 51 feet
Building Height 35 feet 14 feet 22 feet
Lot Coverage 35% 11.7% 14.7%
Required Improvements
The proposed development will require completion of the following improvements:
· The existing fire sprinkler system must be extended into the new portions of the
facility, basement and garage.
· The fire alarm system must be extended into the new portions of the facility
· An approved Fire Department turnaround must be provided.
· Agrading permit may need to be obtained in order to complete the excavation work
for the basement and the proposed detached garage.
3 of 23 April 15, 2003 Item
Agenda Report
April 15, 2003
Page 3
RECOMMENDATION
It is recommended that the City Council approve CUP 91-05(M) and MDRA 92-64R subject
to the conditions in the attached Resolution
Attachments: A. Proposed Resolution
B. Zoning and Location Map
C. Existing Site and Floor Plan
D. Proposed Site Plan
E. Proposed First Floor Plan
F. Proposed Second Floor Plan
G. Proposed Basement Floor Plan
H. Proposed Building Elevations
I. Proposed Building Elevations
J. Proposed Building Elevations
M:\city\planning\02reports\cup\cup9105.ag5.doc
4 of 23 April 15, 2003 Item
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT 91-05(M)
AND MINOR DEVELOPMENT REVIEW 92-64R
RESCINDING RESOLUTION NO P-91-46 AND RESOLUTION P-93-46
ASSESSOR'S PARCEL NUMBER 275-231-02
WHEREAS, CUP 91-05(M) and MDRA 92-64R, were submitted by Phillip Chenn,
Applicant, for approval to construct a 2,206-square~foot, two-story addition and a detached
two-car garage on the Pomerado Manor residential care facility property located at 16031
Pomerado Road within the Residential Single-Family-2 (RS~2) zone; and
WHEREAS, on April 15, 2003, the City Council held a duly advertised public hearing
to consider the medts of the appeal request relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The project is found to be Categorically Exempt under the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1
exemption, as it is an addition of less than 2,500 square feet to existing facilities.
Section 2: The findings, in accordance with Section 17.48 of the Poway Municipal Code
to approve the Modification to CUP 91-05(M) are made as follows:
A. The proposed use is consistent with the General Plan in that it is a residential use
on a property designated for residential development.
B. The location, size, design, and operating characteristics of the residential care
facility is compatible with and will not adversely affect or be materially detrimental to
adjacent uses, residences, buildings, structures, or natural resources in that the
residential care facility has been in operation without complaint for approximately 10
years.
C. The scale, bulk, coverage and density is consistent with the adjacent uses in that it
is a residential care facility for the elderly and the vehicular traffic is minimal in
relation to the number of people that reside at the facility.
D. There are available public facilities, services, and utilities to serve the site.
E. There will not be harmful effect upon desirable neighborhood characteristics in that
the residential care facility has been in operation without complaint to the City for
approximately 10 years.
5 of 23 ATTACHMENT A April 15, 2003 Item
Resolution No. P-
Page 2
F. The generation of traffic will not adversely affect the surrounding streets and/or the
City Circulation Element in that the amount of vehicular traffic is not substantial
because the eldedy residents will not be driving personal vehicles and generally the
residents have infrequent visitors.
G. The site is suitable for the type and intensity of the use and development that is
proposed in that the facility has operated without complaint for approximately 10
years and the project has been designed to comply with the development standards
for the RS-2 zone.
H. There will not be significant harmful effects on the environmental quality and natural
resources in that the site is completely developed and surrounded by existing
development.
I. There are no other relevant negative impacts of the use that cannot be mitigated.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code
to approve Minor Development Review 92-64R, are made as follows:
A. That the approved project is consistent with the General Plan as it proposes the
construction of an addition to a residential facility on property that is designated for
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 affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties, as the residential
care facility is consistent with surrounding residential development and the proposed
additions are consistent with the existing residential architecture. Therefore, the
proposed design, size, and scale of the proposed addition 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 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
D. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City as the neighboring properties
consist of residential lots with similarly spaced home sites. 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
6 of 23 April 15, 2003 Item # 2--
Resolution No. P-
Page 3
F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the Genera/Plan.
Section 4: The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the public
health, safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of public
improvements is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below:
1. The payment of additional sewer fees and traffic mitigation fees because of
the additional sewer demand and road impacts that will result from the
proposed development.
Section 5: The City Council hereby approves the Modification to Conditional Use Permit
91-05(M) and Minor Development Review 92-64R, to allow the construction of a 2,206-
square-foot, two-story addition to an existing 4,522-square-foot residential care facility
located at 16031 Pomerado Road, and the addition of a detached two-car garage on plans
dated March 27, 2003, subject to the following conditions:
A. Approval of this CUP request 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 the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2) the property
owners shall execute a Covenant on Real Property
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
D. The conditions of CUP 91-05(M) shall remain in effect for the life of the subject
residential care facility and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. CUP 91-05(M) may be subject to annual review as determined by the Director of
Development Services for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
F. The maximum number of residents living at the residential care facility may not
exceed 15. The facility shall be used as a residence for senior adults only.
7 of 23 April 15, 2003 Item
Resolution No. P-
Page 4
G. A current copy of the residential care facility license from the State shall be
submitted, and kept current and on file in Planning Division office.
H. In effort to insure adequate parking at the facility, the maximum number of
employees scheduled per shift at the facility shall not exceed 3.
I. Resolution Nos. P-91-46 and P-93-46 are hereby rescinded.
J. if grading is to exceed 50 cubic yards of earthwork, or if the cut is greater than 2 feet
in vertical depth and does create a cut slope steeper than 2:1 (2 horizontal to 1
vertical) and the fill is more than 1 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 shal~ provide a certification from a State Registered Civi~ Engineer
indicating the quantity of earthwork involved and pay a $500 inspection fee prior to
Building Permit issuance.
1. If a Grading Permit is required, a grading plan for the development of the lot,
prepared on a City of Poway standard mytar at a scale of 1" = 20' scale or
larger shall be submitted, along with a grading application and applicable
fees, to the Development Services Department, Engineering Division, for
review and approval. At a minimum, the grading plan shall reflect the
following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum 5-foot
setback from open space areas and property lines. Buildings shall be
located at least 5 feet from tops and toes of slopes, unless waived by
the Planning Division and/or Engineering Division prior to issuance of
a Grading Permit.
b. 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.
c. A separate erosion contro~ plan for prevention of sediment runoff
during construction.
d. All utilities (proposed and existing), together with the appurtenances
and any easements. Encroachments are not permitted upon any
easement without an approved encroachment agreement/permit.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
8 of 23 April 15, 2003 Item
Resolution No. P-
Page 5
installation work. Screening of utility boxes shall be to the satisfaction
of the Director of Development Services.
f. Top of wall and bottom of wall elevations, at all locations, for any
proposed retaining walls. The maximum height of a retaining wall
cannot exceed 6 feet.
2. Submit a soils/geological report prepared by an engineer licensed by the
State of California to perform such work. The report shall be submitted with
the grading plan.
3. 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 of all surface water within the project site, and all
surface water flowing onto the project site from adjacent lands. Large
concentrated runoffs over the driveway and into the street shall be avoided.
4. If a Grading Permit is required, and to ensure 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 orthe natural stream. The SWPPP shall include,
but not be limited to, an effective method of hillside erosion and sediment
- control, 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. The SWPPP
shall be submitted with the grading plan.
5. If a Grading Permit is required, the applicant shall pay all applicable
engineering, plan checking, permit, and inspection fees. A grading plan
submittal checklist is available at the engineering front counter.
6. If a Grading Permit is required, 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 $2,000 cash security
is required.
7. Should there be a need for a new fire hydrant, the applicant shall provide to
the City the cost of preparing a water system analysis to establish the
adequacy of the public water system. If improvements are required, the
applicant shall submit improvement plans for the new fire hydrant along with
plan check and inspection costs for approval by the Engineering Division.
9 of 23 April 15, 2003 Item
Resolution No. P-
Page 6
8. 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.
K. The applicant shall comply with the following conditions prior to issuance of the
Building Permit:
1. 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 of lots 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 building plans
shall be consistent with the approved project plans.
2. Erosion and pollutant control shall be installed and maintained by the
developer throughout the duration of the construction period. A $2,000
erosion control cash security shall be posted with the City.
3. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. At 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. A written 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.
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 pollutant control.
Compliance for erosion control can be provided using one of the following
guidelines:
a. Provide an onsite desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all flat areas prior to discharge, effectively creating a desiltation
basin from the pad.
10 of 23 April 15, 2003 Item
Resolution No. P-
Page 7
5. 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) 748-0010, ext. 2089.
6. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
7. The maximum height of any fence or wall shall not exceed 6 feet.
8. If a Grading Permit is required, rough grading of the lot is to be completed
and must meet the approval of the City Inspector and shall include submittal
of the following:
a. A certification of line and grade, prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
9. Prior to start of any work within City-held easements or right-of-way, 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.
._ 10. 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.
Sewer $9,424 based on
16 fixture units x 1 EDU per 4 fixtures x $2,356 per EDU
Traffic Mitigation$742.50 based on
15 beds x 3 trips per bed -- 45 trips; 45 trips x 0.25 x
$66/trip
11. A minimum of 7 onsite parking spaces shall be provided. Standard sized
parking spaces shall have a minimum dimension of 18.5 feet by 8.5 feet and
shall be double striped. Parking shall be provided in conformance ADA
standards.
L. The applicant shall comply with the following conditions prior to occupancy:
1. Driveways, drainage facilities, slope landscaping and protection measures,
and utilities, 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.
11 of 23 April 15, 2003 Item # 2-.
Resolution No. P-
Page 8
2. 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.
3. All proposed utilities within the project site shall be installed underground.
4. Record drawings, signed by the engineer of work, shal~ be submitted to
Development Services prior to a request of occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be submitted
in a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
5. 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.
6. If a Grading Permit was required, record drawings, signed by the engineer of
work shall be submitted to Development Services prior to a request for
occupancy, per Section 16.52.120B 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.
M. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504,
UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
2. Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background. Addresses
shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark 8rrester.
4. Dead end access roadways in excess of 150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
Curves and topographical conditions could alter the requirements for
turnarounds and the width of access ways.
5. Fire sprinkler system shall be expanded to new portions of building (including
basement and detached garage). Plans must be submitted and approved by
the Fire Department prior to commencement of fire sprinkler work.
12 of 23 April 15, 2003 Item
Resolution No. P-
Page 9
6. Fire alarm system shall be expanded to new portions of building. Plans must
be submitted and approved by the Fire Department prior to installation of fire
alarm system.
7. Fire lanes shall be re-evaluated at time of architectural submittal.
8. If an electric gate is installed at the beginning of the driveway, a Knox
override key switch is to be provided.
Section 6: This Conditional Use Permit 91-05(M) and Minor Development Review
Application 94-64R shall expire on April 15, 2005, 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.
Section 7: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on April 15, 2003.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 15th day of April 2003.
Michael P. Cafagna, Mayor
ATTEST:
Lori Anne Peoples, City Clerk
13 of 23 April 15, 2003 Item # '~-~
Resolution No. P-
Page 10
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- , was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of April 2003, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lori Anne Peoples, City Clerk
City of Poway
M:\planning\02report\cup\cup9105.r5.doc
14 of 23 April 15, 2003 Item
SUBJECT PROPERTY
CITY OF SAN DIEGO CANYON RD
CITY OF POWAY
TITLE: ZONING AND LOCATION MAP
_ SCALE: N.T.S. ~ ATTACHMENT: B
15 of 23 April 15, 2003 Item
16 of 23 ATTACHMENT C April 15, 2003 Item
I ~
/
~7 of 23 ATTACHMENT D April ~5, 2003 Item
ATTACHMENT E A-?- /
18 of 23 April 15, 2003 Item # '~
ATTACHMENT F ~,,~ ...... [
19 of 23 April 15, 2003 Item
A-5
20 of 23 ATTACHMENT G April 15, 2003 Item #_
21 of 23 ATTACHMENT H April 15, 2003 Item # 2-
22 of 23 ATTACHMENT I April 15, 2003 Item
~ ~ /
/ ,/
f
~~ '- ATTACHMENT J
23 of 23 ~ '
April 15, 2003 Item