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Res 01-103-- RESOLUTION NO. 01-103 A RESOLUTION OF THE CITY OF POWAY, CALIFORNIA, APPROVING SLOPE CALCULATION STANDARDS AND PROCEDURES WHEREAS, it is the duty of the Poway City Council to review and amend the Poway Municipal Code whenever the public interest requires or whenever, because of ambiguity or otherwise, its provisions are subject to being misinterpreted or require greater specificity; and WHEREAS, Section 17.08.170.A.3. of the Poway Municipal Code requires amendment to clarify the ministerial nature of slope calculation and the applicable formula and standards and procedures therefore; and WHEREAS, such amendment is necessary in order to assure that the required slope calculation report for a development project is completed in accordance with the public counter handout titled: "City of Poway Slope Calculation Standards and Procedures;" and NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The City Council finds that the adoption of this Resolution is Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant CEQA Guidelines Section 15061 (b) (3), General Rule, as follows: "The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Section 2: The City Council hereby adopts the following standards and procedures for the calculation of slope pursuant to Section 17.08.170. A, 3. of the Poway Municipal Code. Prel~aring Average Slope Analysis (Slope Calculation) for Subdivision Maps and Legal Lots The average slope analysis (slope calculation) technical report for subdivision maps and legal lots (hereinafter subject property) shall be prepared by a civil engineer registered by the State of California, and shall follow the standardized format as approved by the City of Poway. The average slope analysis may be prepared in either a manual format or an electronic format. If an electronic format is used by the Resolution No. 01-103 Page 2 preparer, it shall be submitted on a CD-ROM in a format compatible with AutoCAD (I.E. DWG, DXF). As described in Item 3, below, the supportive materials for both the manual and electronic format options are the same unless otherwise noted. Averaqe Slope Analysis Procedures and Supportive Materials A topographic contour map (topo map) shall be prepared for the subject property based upon the most current and best available aerial photography information/flown topo data. The subject property boundaries shall be depicted on the topo map described in Item "a" above. Such boundaries shall be based on a current survey and legal description and shall show adequate bearings and distances. c. The net area of the subject property shall be determined as follows: The net area of subject property equals the gross area of the subject property minus the following: ii. Any existing and proposed public and private categories of vehicular access (streets and easements); iii. Any area(s) located within the 100-year floodway of any drainage course; and iv. Any land area with a natural slope of 45% or greater. Using the topo map described in Item 3.a. above, submit a colored topographic slope category map and corresponding table depicting the following four (4) slope categories shown in the following pastel, muted colors, and acreage within each slope category: Slope Cateqorv (%) Color Acreage (1) 0 - 15 Green 00.00 15 - 25 Yellow 00.00 25 - 45 Blue 00.00 45 + Red 00.00 Resolution No. 01-103 Page 3 (1) - Manual Format: Topo Map Scale = 50 Feet Contour Interval = 5 Feet - Electronic Format: Topo Map Scale = Any Contour Interval = 2 Feet The 45 + slope category "area" shall be based on the average measurement of the rise-over-run (in inches) as measured between the contour lines where such 45 + slope exists. The determination of this measurement shall be explained by the preparer in the completed average slope analysis report. Submit tables (tabular listing), signed by the preparer, indicating the length of each topographic contour elevation (in inches) according to the topo map for the subject property, as indicated by the following example in Table A and Table B. TABLE A (Manual Format - Map Scale = 50 Feet, Contour Interval = 5 Feet) Contour Elevation 0-15% 15-25% 25-45% 45+% 750 00.00 00.00 00.00 00.00 755 00.00 00.00 00.00 00.00 760 00.00 00.00 00.00 00.00 Total 00.00 00.00 00.00 00.00 TABLE B (Electronic Format - Map Scale = Any, Contour Interval = 2 Feet) Contour Elevation 0-15% 15-25% 25-45% 45+% 750 00.00 00.00 00.00 00.00 755 00.00 00.00 00.00 00.00 760 00.00 00.00 00.00 00.00 Total 00.00 00.00 00.00 00.00 Resolution No. 01-103 Page 4 Submit one set of average slope analysis calculations for the entire subject property proposed for subdivision to determine percent of average natural slope. Also, submit one set of average slope analysis calculations for each of the proposed lots to show compliance with the slope criteria for the entire subject property. To compute average slope the following formula shall be used: (CLx I x S) NA Where: CL = Length of Contours (in inches) = Contour Interval S = Scale of Topographic Map NA = Net Area in Square Feet For electronic slope analysis computations, the contour interval used for the determination of the variable CL shall be the same contour interval in the determination of the variable NA to maintain the validity of the length-to-area ratio of the formula above. The 45+ slope category area shall be based on the average measurement of the rise-over-run (in inches) as measured between the contour lines where such 45+ slope exists. It is critical that the length of the contour lines measured adjacent to areas over 45% slope be accurately accounted for. The attached Figure 1 provides two examples of correctly (RIGHT) accounting for said lines and one example of not correctly (WRONG) accounting for said lines. Submit graphic (at minimum 100-foot scale) showing proposed development-grading design (development footprint) superimposed on the colored slope category map. This graphic is essential in determining the project's Resolution No. 01-103 Page 5 compliance with the City's use requirements and development standards. Determination of the potential "theoretical" density and the potential "allowable" density for the subject property: The potential "theoretical" density is calculated using the average slope of the net area of the subject property as described in Item "f" above. ii. The potential "allowable" density of the subject property is calculated based upon the demonstration by the project proponent, through submission of a conventional subdivision design, that each of the proposed lots is consistent with the slope requirement for the total site (entire subject property). The number of lots allowable shall be calculated based upon the average and individual slope criteria and minimum lot size formula. The maximum allowable density shall be the number of lots approved by the Poway City Council. As required by the General Plan, the maximum allowable area of the lot that may be graded for driveway, residence and accessory functions is determined by the degree of average natural slope as follows. This requirement shall apply to all lots within all zoning categories. Slope Graded Area * 0 - 14.9 Entire lot 15 - 19.9 50% or 35,000 sq. ft. whichever is greater 20 - 24.9 20% or 25,000 sq. ft. whichever is greater 25 - 44.9 10% or 20,000 sq. ft. whichever is greater 45+ ** No grading or development permitted and no developable acreage credit given Resolution No. 01-103 Page 6 * Sensitive biological environmental constraints may application of stricter standards. or other require the Section 3: ** Exemptions apply to the High Valley area for slopes in excess of 45 percent for determining parcel size, (Amended per GPA 93- 02C). This Resolution shall become effective on November 27, 2001. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 27th day of November 2001. ATTEST: nne Peoples, City Cl~rk - Michael P. Cafagna~ 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. 0~-103 , was duly adopted by the City Council at a meeting of said City Council held on the 27th day of November 2001, and that it was so adopted by the following vote: AYES: NOES: ABSTAI N: ABSENT: L'~'ri ~,nne Peoples, City Cl'erk City of Poway n:\city\planning\Olreport~oa~oaOl-O5.slope calculation proposed resolution.doc Resolution No. 01-103 P~ge 7 II. CITY OF POWAY Slope Calculation Standards and Procedures Introduction Slope calculations and the density potential, which result from such calculations under the provisions of this Chapter, are matters requiring technical engineering expertise, and are ministerial, not discretionary, in nature. In the RR-A through RR-C and RS-1 zones, slope calculations shall be based on the measured dse over run calculations of a topographic map of the property prepared in accordance with the standards set forth in this section by a registered civil engineer retained by the applicant. The City may retain at the applicant's cost a registered civil engineer to vedfy the calculations of the applicant's engineer, and to ascertain whether or not the calculations were made in accordance with the standards set forth in this Section. In the event that the civil engineer retained by the City determines that the calculations were made in accordance with the standards set forth in this Section, the City shall accept the calculations as accurate. In the event that the civil engineer retained by the City determines that the calculations were not made in accordance with the standards set forth in this Section, the City shall not accept the calculations as accurate. No application for development of property, which requires slope calculation, shall be deemed 'complete until the Director of Development Services has accepted the slope calculation. In the RR-A through RR-C and RS-1 zones, the following standards and procedures shall be applied for the purpose of determining: - The minimum size, shape, and location of lots The average natural slope (hereinafter "average slOpe analysis") for subdivision maps and legal lOts (hereinafter "subject property"). The potential "theoretical" and potential 'allowable" rural residential density on the subject property ~ '-General Plan strategies, and Zoning Development Code Definitions and Property Development Standards The General Plan strategies, and Zoning Development' Code definitions and property development standards, which are relevant to the slope of property, are listed in Attachment A hereof. Resolution No. 01-103 P~ge 8 III. Preparina Avera;e Slope Analysis (Slope Calculation) for Subdivision 'MaPs and Legal Lots The average slope analysis technical report for subdivision maps and legal lots (hereinafter subject property) shall be prepared by a civil engineer registered by the State of California, and shall follow the standardized format as approved by the City of Poway. The average slope analysis may be prepared in either a manual format or an electronic format. If an electronic format is used by the preparer, it shall be submitted on a CD-ROM in a format compatible with AutoCAD (I.E. DWG, DXF). As described in Item 3, below, the supportive materials for both the manual and electronic format options are the same unless otherwise noted. 3. Average Slope Analysis Procedures and Supportive Materials A topographic contour map (topo map) shall be prepared for the subject property based Upon the most current and best available aerial photography info,',¥~ation / flown topo data. Bo The subject property boundaries shall be depicted on the topo map described in Item A above. Such boundaries shall be based on a current survey and legal description and shall show adequate bearings and distances. C. The net area of the subject property shall be dete..ined as follows: The net area of subject property equals the gross area of the subject property minus the following: Any existing and proposed public and private categories of · vehicular access (streets and easements); Any area(s) located within the 100-year floodway of any drainage course; and - Any land area with a natural slope of 45% or greater. D~ Using the topo map described in Item A above, submit a colored topographic slope category map and corresponding table depicting the following four (4) slope categories shown in the following pastel, muted colors, and acreage within each slope category: 2 Total g SOlution No. 01-103 e9 Slope Category (%) Color Acreage (1) 0 - 15 Green 00.00 15 - 25 Yellow 00.00 25 - 45 Blue 00.00 45 + Red 00.00 (1) - Manual FOrmat: Topo Map Scale = 50 Feet Contour Interval = 5 Feet - 'Electronic Fo[mat: Topo Map Scale = Any Contour Interval = 2 Feet - The 45 + slope category "area" shall be based on the average measurement of the rise-over-run (in inches) as measured between the contour lines where such 45 + slope exists. The determination of this measurement shall be explained by the preparer in the completed average slope . analysis .report. Submit tables (tabular listing), signed by the preparer, indicating the length of each topographic contour elevation (in inches) according to the topo map for the subject property, as indicated by the following examples: TABLE A (Manual Format - Map Scale = 50 Feet, Contour Interval = 5 Feet). Contour Elevation 0-15% 15-25% 25-45% 750 . 00.00 00.00 00.00 -755 00.00 00.00 00.00 760 00.00 00.00 p0.00 00.00 00.00 00.00 45+% 00.00 00.00 00.00 00.00 Resolution No. 01-103 Page 10 Total TABLE B (Electronic Format - Map Scale = Any, Contour Interval = 2 Feet) Contour Elevation 0-15% 15-25% 25-45% 45+% 75O 755 76O 00.00 00.00 00,00 00.00 00.00 00.00 00.00 00.00 00.00 00,00 00.00 00.00 00.00 00.00 00.00 00.00 Fo Submit one set of average slope analysis calculations for the entire subject property proposed for subdivision to determine percent of average natural slope. Also, submit one set of average slope analysis calculations for each of the proposed lots to show compliance with the slope cdteda for the entire subject property. To compute average slope the following formula shall be used: (CLx I x S) NA Where: CL = Length of Contours (in inches) = Contour Interval S : Scale of Topographic Map NA = Net Area in Square Feet For electronic slope analysis computations, the contour interval used for the dete..ination of the variable CL shall be the same - contour interval in the dete[mination of the variable NA to maintain the validity of the length-to-area ratio of the fom~ula above. The 45+ slope category area shall be based on the average measurement of the rise-over-run (in inches) as measured between the contour lines where such 45+ slope exists. It is critical that the ength of the contour lines measured adjacent to areas over 45% slope be accurately accounted for. The attached -4 Go Resolution No. 01,103 Page 11 Figure 1 provides two examples of correctly (RIGHT) accounting for said lines and one example of not correctly (WRONG) accounting for said lines. Submit graphic (at minimum 100-foot scale) showing proposed development- grading design (development footprint) superimposed on the colored slope category map. This graphic is essential in determining the project's compliance with the City's use requirements and development standards. Determination of the potential "theoretical" density and the Potential "allowable" density for the subject property: 1. The potential "theoretical" density is calculated using the average slope of the net area of the subject property as described in Item F above. The potentia? "allowable" density of the subject property is calculated based upon the demonstration by the project proponent, through submission of a conventional subdivision design, that each of the proposed lots is consistent with the slope requirement for the total site (entire subject property). The number of lots allowable shall be calculated based upon the average and individual slope criteria and minimum lot size fo~'~ula. The maximum allowable density shall be the number of lots approved by the Poway City Council. As required by the General Plan, the maximum allowable area of the lot that. may be graded for driveWay, residence and accessory functions is detem~ined by the degree of average natural slope as follows. This requirement shall apply to all lots within all zoning categories. Slope Graded Area 0 - 14.9 Entire lot 15 - 19.9 50% or 35,000 sq. ft. whichever is greater 20 - 24.9 25 - 44.9 20% or 25,000 sq. ft. whichever is greater 10% or 20,000 sq. ft. whicheVer*is greater 45+ No grading or development permitted and no developable acreage credit given 5 Resolution No. 01-103 Page 12 Sensitive biological or other environmental constraints may require the application of stricter' standards. Exemptions apply to the High Valley area for slopes in excess of 45% for dete.~ining parcel size, (Amended per GPA 93- 02C) N:~ty~olannlng\01repon~zoa~slope calculations standards and procedures.dod.doc Rgsolution No. 01-103 ~'P@g~R1LSA OVER ¢5% ~ CONTOUR PORTION INCLUDED IN TABULATION ~ RIGHT ~ RIGHT ...... ~ ~ NOTE AREAS UNDER ¢5% NOT ACCOUNTED FOR WITH CORRESPONDING CONTOUR TABULATION " , WRONG ., FIGURE ..t, ~ -~ '~n CONTOUR TABULA'nON :~' ~a,,~ SCALE: NTS ~ .. - DRAWN BY: BK DATE: 6/07/01 ,. ADDRESS: CITY OF" POWAY Resolution No. 01-103 Page 14 City of Poway General Plan Strate;ies and Zoning Development Code Definitions and Property Development Standards The following General Plan strategies, and Zoning Development Code definitions, and property development standards are relevant to the slope of property. General Plan Strategies Lot and Ddveway Design 1. New development Should be of a density and design compatible with surrounding, existing develoPment. o o o Lot sizes and shapes should allow for properly spaced buildings, provide areas for landscaping and reduce conflicts between incompatible land uses. Lot size andspacing should encourage a variety in the design, orientation and placement of structures. Lot sizes and shapes should follow a rectangular pattern with a lot depth to lot width ratios between 2:1 and 3:1. e Lot widths and depths should be varied where feasible. The use of rural residential flag lots is encouraged where necessary to reduce land alteration.for roadways. Within the'High Valley area (boundaries on file at the Development Services · Department) the following criteria shall apply: two net acres shall be the minimum lot size; -. - all lots proposed for division' less than eight' net acres in size shall include -. aminimum of one contiguous net acre building site with an average slope of less than 25%; and the building site shall be logically located in regard to access consistent with City ordinances and policies and the preservation of significant natural resources such as wat6rcourses, significant tree stands, rock outcroppings, or ridgelines. o o Resolution No. 01-103 Page 15 10. 11. 12. 't' No exts ~ng, legally subdivided parcels shall be deemed nonconforming by virtue of the slope requirements In the rural residential land use categories. Within the rural residential land use and zoning categories, lot averaging is encouraged where it will preserve areas of unique topographic features, riparian woodlands or other significant open space areas of community importance. The following guidelines shall apply: Lot averaging shall not result in an increase to the overall density of the subdivision. The project proponent shall cleady demonstrate, through submission of a conventional subdivision design, that the proposed number of lots could be created without lot averaging; The number of lots allowable shall be calculated based upon the average and individual slope criteda and minimum lot size formula; Open space areas to be preserved shall be included as separate lettered lots, which shall when appropriate be dedicated in-fee to the City; Other than dedicated lettered open space lots, no lot may be created which is sn3aller than the minimum for the zone; and - . Lots created as a result of lot averaging may not be further subdivided. Proponents may be required to prove that a.lot requested for subdivision was not created as a result of lot averaging. DeVelopers shall be required to employ proper site planning so as to minimize the amount of grading needed for development and utility construction. Development should be concentrated in the least environmentally sensitive locations in order to preserve open space, retain natural vegetation and protect natural, cultUral and historic features. Hillside Developments 13. 14. 15. '-Prominent ridgelines and hilltops shall not be built upon. Buildings should be sited so as not to project above the natural-landform when possible. Intermediate ridges and hilltops shall be preserved in a natural state to the maximum extent possible. Development on intermediate ridges shall only be permitted in association with the preservation of significant open space, habitat, tree and rock outcroppings, unique geographic features and/or cultural or 16. 17. 18. 19. 20. Resolution No. 01-103 Page 16 agricultural uses within the same project. Open space proposed for dedication to the City should perform multiple functions such as view maintenance, resource protection and .hazard avoidance. Driveways shall be designed to avoid cuts or fills in excess of ten feet in height and at no greater than 2:1 inclination. For projects with slopes of 15% or greater, a visual impact analysis shall be prepared to determine the most suitable location(s) for the.building pad(s). The maximum allowable area of the lot that may be graded for driveway, residence and accessory functions is determined by the degree of average natural slope as follows: Slope Graded Area * 0 - 14.9 Entire lot 15 - 19.9 50% or 35,000 sq. ft. whichever is greater 2O - 24.9 20% or 25,000 sq. ft. whichever is greater 25 - 44.9 10% or 20,000 sq. ft. whichever is greater 45+ ** No grading or development permitted and no developable acreage credit given * Sensitive biological or other environmental constraints may require the applid, afion of stdcter standards. ** Exempfiqns apply to the High Valley area for slopes in excess of 45% for, determining parcel size, (Amended per GPA 93 - 02C) Hillside development should vary the location and design of structures, landscaping and access to give a more natural appearance and should be designed to follow the natural contour of the land and to limit land alteration. Where construction is proPosed on portions of lots where the slope exceeds 15%, the use of custom homes with multiple foundation levels is encouraged. Where construction is proposed on portions of lots where the slope exceeds 25%, the use of custom homes with multiple foundation levels is required. 10 Resolution No. 01-103 Page 17 21. Building pads, driveways, roads and structures, including recreational courts and accessory buildings, in hillside areas shall follow and not significantly alter the natural contour of the land. Floodplains and Floodways 22. Watershed areas with slopes greater than 25% shall be retained in parcel sizes of 40 acres or more. 23. Development within the 100-year floodway is prohibited. 24. For purposes of land division, floodway areas shall not be included in the calculation of net area. Applicable Zoning Development Code Definitions 25. The following Zoning Code Sections and incorporated herein by this reference. Section 17.04.275 Section 17.04.280 Section 17,04.430 Section 17,04.440 Density Development Le,qal Lot Lot associated definitions are fully Section 17.04,455 Section 17.04.460 Section 17.04.505 Section 17.04,540 Lot depth Lot, fla.q Lot width Net area Zoning Development Code Property Development Standards Lot Shape, Minimum Lot Size, and Average Slope of Property 26. Any legal lot may be used as a building site if the proposed use is permitted in the zone and all grading requirements set forth in the Comprehensive Plan and the Poway Municipal Code are strictly satisfied without variance, provided that no building permit shall be issued for a lot of a size less than 4,000 square feet. 11 Resolution No. 01-103 Page 18 ,, 27. 28. 29. The ratio of the depth of a lot to the width of a lot shall not exceed a maximum ratio of 3:1. If that ratio is exceeded, the lot shall be deemed an unusually shaped lot. Unusually shaped !ots may only be allowed within the RR-A through RR-C and RS-1 zones and only where the City Council, in its discretion, finds that unusually shaped lots are necessary to ensure the preservation of unique topographic features, ripadan woodland areas, and other areas of significant community importance as open space. This development standard shall apply to all lots proposed to be created by the subdivision or parcel map process. Flag lots shall meet the minimum lot dimension requirements in the "flag" portion of the lot. The flagpole portion of a flag lot shall not be counted toward the minimum lot area requirement. In the RR-A through RR-C and RS-1 zones, slope calculations shall be based on the measured rise over run calculations of a topographic map of said property to establish lot sizes. Density of development shall also take into consideration the availability of public water to the property. To compute slope the following fo[mula shall be used: (CLx I x S) NA Where: CL = Length of Contours (in inches) I = Contour Interval S -' Scale of Topographic Map NA = Net Area in Square Feet The average slope of each parcel shall be consistent with the slope requirement for the total site. Lot sizes shall be as follows: ZONES SLOPE DENSITY (In Percent) RR-A When parcels will When parcels ,will be served by City not be served by water City water 0 - 15 1 parcel per four · 1 parcel per twenty net acres net acres 15- 25 1 parcel per 1 parcel per twenty eight net acres net acres 25 - 45 I parcel per 1 parcel per forty twenty net acres net acres 12 ZONES SLOPE (In Percent) · Resolution No. 01-103 ~ page 19 DENSITY 45 + No credit No credit RR-B 0 - 15 I parcel per two net acres Requires City water 15 - 25 I parcel per four net acres 25 - 45 1 parcel per eight net acres 45 + No credit No credit RR-B within No slope 1 parcel per two City water not High Valley criteria net acres (see required Area also note below) RR-C 0 - 15 1 parcel per one RS-1 net acre Requires City water 15 - 25 1 parcel per two net acres 25 - 45 I parcel per four net acres 45 + No credit No credit · Note: Within the High Valley Area, all lots prepared for division less than eight net acres in size shall include a minimum of one contiguous net acre building site with an average slope of less than 25%. The building site shall be logically located in regard to access consistent with City ordinances and policies and the preservation of significant natural resources such as watercourses, significant tree stands, rock outcroppings or ridgelines. The slope cdteria and minimum parcel sizes for property zoned RR-A, RR-B and RR-C 'shall not be modified to permit increased density or rescinded unless and until such modification or rescisSion is approved by ordinance adopted by the voters of the City at a special or general election, or first approved by the Poway City Council and then adopted by the voters of the City at a special or general election. 13