Item 6 - VAR 93-06 MDR 93-15 Hillside/Ridgeline Robert and Carolyn Sue Mohler
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AGENDA REPORT SUMMARY
~l'O: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~
INITIATED BY: Reba Wright-Quastler, Director of Planning Services ~~
Marijo Van Dyke, Associate Planner
DATE: May 4, 1993
SUBJECf: Variance 93-06 and Minor Development Review 93-15 Hillside/Ridgeline,
Robert and Carolyn Sue Mohler, Applicants.
ABSTRACf
This is a request for a five-foot side yard setback variance for the construction of a
4000 square foot single-family custom home at 15486 Markar Road, located in High Valley
in the RR-B zone.
ENVIRONMENTAL REVIEW
This project is exempt under CEQA Class 3 as it is the construction of a single-family
home.
FISCAL IMPACf
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice of the public hearing has been sent to 20 property owners within 500 feet of the
project boundary.
RECOMMENDATION
It is recommended that City Council approve Variance 93-06 and Minor Development Review
93-15 Hillside/Ridgeline subject to conditions contained in the proposed resolution.
ACTION
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1 of 13 "tAY 4 1993 ITEM 6
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~ AGENDA REPOR':..
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manager
INITIATED BY: Reba Wright-Quastler, Director of Planning Services ~&t
Marijo Van Dyke, Associate Planner
DATE: May 4, 1993
MANDATORY
ACTION DATE: June 8, 1993
SUBJECT: Variance 93-06 and Mi nor Develooment Review 93-15
Hillside/Ridqeline. Robert and Carolvn Sue Mohler. Aoolicants:
A request for the approval of a five-foot s1de yard setback
variance for the construction of a 4,000 square-foot single-
family home on a 3.97 acre hillside lot located at 15486
Markar Road in the RR-B zone. APN: 278-180-65
BACKGROUND
In August of 1990 a variance was granted to Jim Andrews for the construction of
a previously submitted house design. Building permits were never issued, but the
design issues remain the same.
FINDINGS
The buildable portion of the lot is limited to a shelf at the northeaster corner.
Markar Road dead ends at this spot. This building site is confined to the limits
of an old avocado grove. Although this is the highest point on the property, the
remainder of the lot is steeply sloping, would be difficult to serve with a
septic system, would require an excessive amount of grading to site an average
sized house, would have a difficult access problem, and is covered by Coastal
Sage Scrub. The minimum side yard setback in the RR-B zone is 20 feet. The
buildable portion of the lot is so configured as to require a very compact split-
level building footprint. This is necessary in order to provide adequate room
for septic leach fields within the previously disturbed area and to eliminate the
need to encroach into the Coastal Sage. The five foot side yard encroachment
will make it possible to fit all the elements into the usable area.
ACTION:
2 of 13
Agenda Report
May 4, 1993
Page 2
The pad elevation for the adjoining home to the east is approximately 15 feet
above the roofline of the proposed new two-story home, or 37 feet above the
proposed finished pad elevation. Therefore, there should be no adverse impacts
on the views from the neighboring property.
ENVIRONMENTAL REVIEW
This project is exempt from the provisions of the California Environmental
Quality Act (Class 3) as it is the construction of a single-family dwelling.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 20 property
owners in the project area.
RECOMMENDATION
It is recommended that the City Council approve Variance 93-06 and Minor
Development Review 93-15 Hillside/Ridgeline subject to the conditions contained
in the attached proposed resolution.
JLB:RWQ:MVD:pcm
Attachments:
A. Proposed Resolution
B. Surrounding Zoning and Location Map
D. Site Pl an
E. Proposed Elevations
F. Proposed Floor Plan
G. Building Pad Section Drawings
REPORT\VAR9306.AGN
3 of 13 .'iJAY 4 1993 ITEM 6
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAV, CALIFORNIA
APPROVING VARIANCE 93-06 AND
MINOR DEVELOPMENT REVIEW 93-15 HILLSIDE/RIDGELINE
ASSESSOR'S PARCEL NUMBER 278-180-65
WHEREAS, Variance 93-06 and Minor Development Review 93-15
Hillside/Ridgeline submitted by Robert and Carolyn Sue Mohler, applicants,
requests approval of a five-foot side yard setback variance for the construction
of a new single-family residence at 15486 Markar Road, in the RR-B zone; and
WHEREAS, on May 4, 1993, 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: Environmental Findinas:
The City Council finds that Variance 93-06 and Minor Development Review
93-15 (Hillside/Ridgeline) are exempt from the provisions of the
California Environmental Quality Act (Class 3), as the project is the
construction of a new single-family dwelling.
Section 2: Findinas:
Variance 93-06
1. The proposed project will be consistent with the general plan in
that it proposes the construction of a residential structure on a
site which is designated for residential use.
2. 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 under identical zoning classification.
The buildable portion of the lot is limited to a shelf area with
dimensions of approximately 100 feet in width by 200 feet in length
at the northeast corner. It is bounded on the west side by a major
rock outcropping.
The remainder of the lot is steeply sloping toward the southwest.
The remainder of the lot outside the designated limits of grading is
covered with the Coastal Sage Scrub plant community. This area is
off-limits for development.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other properties in the same vicinity and zoning for which the
variance is sought.
4 of 13 ~AY 4. 1993 ITEM r
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Attachment A
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Resolution No. P-
Page 2
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The lot is located in a neighborhood in which the lots are irregular
in topography and the siting of buildings has been determined by
factors incl uding access, opportunities for placement of septic
fields, and avoidance of major rock outcroppings. The design and
placement of the proposed house takes all these factors into
consideration.
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
injurious to the property or improvements in such vicinity and zone
in which the property is located because the subject lot will be
served by a certified septic system and City water service and
because the house top is approximately 15 feet below the grade of
the house pad of the adjoining home to the east, so that no
obstruction of views should occur.
5. That the granting of the vari ance does not constitute a speci al
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that the surrounding homes are placed on
their lots in a random order and do not contain all of the
constraints which are present on the subject property.
6. That the granting of the variance does not allow a use or activity
which is not otherwise expressly authorized by zoning development
regulations governing the parcel or property in that the proposed
project is a new residential structure located in a rura 1
residential zone.
Minor Develooment Review 93-15 HillsideJRidaeline
l. The proposed project is consistent with the general plan.
2. That the proposed development will not have an adverse aesthetic
health, safety, or architecturally related impact upon adjoining
properties, in that the grading design, building placement, building
materials, and elevations will be compatible with surrounding
development.
3. That the proposed development is in compliance with the Zoning
Ordinance, in that it complies with all setbacks except the east
side yard minimum setback, for which a five foot variance is sought,
but in all other respects meets the property development standards
for the RR-B zone.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that
surrounding properties are similarly developed as large-lot single
family residential homes.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 93-06 and Minor Development
Review 93-15 subject to the following conditions:
MAY 4 1993 ITEM &
5 of 13
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Resolution No. P-
Page 3
Within 30 days of approval (1) the applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request 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.
4. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
5. For a new res i dent ia 1 dwell ing unit(s), the applicant sha 11 pay
development fees at the established rate. Such fees may include, but not
be limited to: Permit and Plan Checking Fees, School Fees (in accordance
with City-adopted policy and/or ordinance).
6. All new and existing utilities shall be underground. Undergrounding shall
be completed prior to certification of occupancy.
7. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the County of
San Diego Health Department.
8. No future grading of the hillside portions of the subject lot shall be
permitted. The limits of grading shall observe the line defining the
previously disturbed grove area and shall not encroach into the coastal
sage plant community. An open space easement shall be recorded over that
portion of the lot containing coastal sage scrub to be dedicated to the
City of Poway prior to issuance of a certificate of occupancy.
9. Slope replanting for erosi on control should incorporate fi re retardant
native plants and low water use materials wherever feasible. A conceptual
planting plan for the west and south facing graded slopes must be approved
by the Planning Services Department prior to installation of landscaping.
10. This approval shall become null and void if building permits are not
issued for thi s project within two years from the date of project
approval.
6 of 13 ~iW 4 1993 ITEM 6
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Resolution No. P-
Page 4
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COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
1. A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval and the
limits of the open space easement shall be staked, fenced and inspected
prior to issuance of a grading permit and start of grading operation.
Rough grading of the site must be completed and shall meet the City's
Engineering Services inspector's approval prior to issuance of a building
permit.
2. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of grading
pl an.
3. A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
4. The final grading plan shall be subject to review and approval by the
Planning and Engineering Services Departments and shall be completed prior
to issuance of building permit.
- 5. A pre-blast survey of surrounding property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. Seismic
recordings shall be taken for all blasting and blasting shall occur only
at locations and levels approved by the City Engineer.
6. Reci proca 1 access and maintenance and/or agreements shall be provided
insuring access to all parcels over private roads, drives or parking areas
and maintenance thereof to the satisfaction of the Director of Engineering
Services.
7. Prior to any work being performed in the pub 1 i c right-of-way, an
encroachment permit shall be obtained from the Engineering Services
department and appropriate fees paid, in addition to any other permits
required.
8. Street improvements and maintenance shall be made in accordance with City
Ordinance standards for Non-Dedicated Rural Streets
9. The fo 11 owi ng development fees shall be pai d pri or to issuance of a
building permit. These fees are currently in effect, but are subject to
change.
Traffic Mitigation Fee $ 900
Park Fee $2550
Drainage Fee $ 950
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UTILITIES
1. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
7 of 13 M,~y <1 1993 ITEM 6
Resolution No. P-
Page 5
2. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
l. Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
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. Minimum
height of address numbers shall be four inches. Address shall be required
at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. A wil dl and fuel mitigation pl an shall be submi tted to e 1 i mi nate any
potential threat of spread of fire from the proposed building and the open
space easement. This plan shall be to the satisfaction of the Directors
of Safety Services and Planning Services prior to building occupancy.
5. A residential fire sprinkler system is required to be installed to the
satisfaction of the Director of Safety Services.
GENERAL REOUIREMENTS AND APPROVALS
Permits from other agencies will be required from the San Diego County
Health Department for certification of the septic system.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 4th day of May, 1993.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
8 of 13 MIW 4 1993 ITEM 6
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V AR 93-06
CITY OF POWAY ITEM : MORA 93-15
@ TITLE : Site Plan
SCALE : None A TT ACHMENT : C
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