Res P-93-16RESOLUTION NO. P-93-16
A F T E CITY 0 IL
OF IT' PO A', CA F IA
A IN I' C 93-
MINOR DEVEL i R I W - 2 HI S /RIDGELINE
ASSES 0 'S P C L . M ER 3 - -08
WHEREAS, Variance 93-05 and Minor Development Review 9 -02
Hillside/Ridgeline, Edward Scott, applicant requests approval to construct a 400
square foot single-family residence located at 14637 Twin Peaks Road wi a
variance for a 25 foot front yard setback where a 40 foot setback is require in
the RR-A zone; and
WHEREAS, on April 13, 1993, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Thi project is exempt from 1 review under Category 3 of the
CEQ guidelines which includes construction of new single-family
res dences and Category 5 which includes minor alterations to land use
lim tations.
NOTICE. This property is located in an area which is believed to contain
coastal sage scrub, the habitat of the California Gnat archer which has
been listed as a threatened species. Existence of coas al sage scrub on
our pro erty may affect your ability to proceed wi h this proj ct.
emoval f coastal sage scrub without auth of he Departmen of
ish an Wildlife is a violation of the U.S. Endangered Species ct.
roof o such auth will be required prior to issuance of gra ing
permits, clearing and grubbing permits and improvement plan approvals
Variance 93-05
That there are special applicable to the property
(size, shape, topography, location, or surroundings) or the intended
u e of the property, and because of this, the strict application of
t e Zoning Ordinance deprives the property of privileges enjoyed by
o her in the vicinity under identical zoning
c assification.
Th unusual circumsta ces include the steep topography of the 1 t
an the fact that the win Peaks Road easement is unique because t e
un erlying terrain is oo steep to permit development with a stree .
Th s diminishes the va idity of the front yard setback requiremen .
That granting the variance or its modification is necessar for the
preservation and enjoyment of a substantial property right ossessed
by other property in the same vicinity and zone and deni d to the
property for which the variance is sought, because of t e unique
location and terrain, this lot will be more difficult than that of
Hinm
1.
Resolution No. P-93-16
Page 2
other rural lots in the area and granting the variance
will allow the applicant to develop the site with a single-family
residence comparable to other homes in the area.
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, due to the fact that the project
will have a more than adequate separation from other homes in the
area and all necessary utilities will be available for the site.
The granting of this var ance does not a special
p ivilege inconsistent with he limitations upon other properties in
t e vicinity and zone in wh ch such property is situated, because
o her lots are developed wi h single-family homes, some of which
o serve less than a 40 foot setback.
The granti g of this variance does not allow a use or activity which
is not ot erwise expressly authorized by the Zoning Ordinance
governing he parcel of property, in that the property is zoned for
single-lam ly residential development and the project is a single-
family home.
That granting the variance or its modification will not be
inco?atible with the Poway General Plan because the project is
with all other development standards for the RR-A zone.
The proposed project is with the general plan in that the
proposed use is single family residential and the General Plan
designation is Rural Residential A.
That the proposed develo ment will not have an adverse aesthetic,
health, safety, or arch tecturally related impact upon adjoining
properties, in that t e grading design, building placement,
construction method, bu lding materials, and elevations will be
compatible with surround ng properties.
That the proposed Development is in compliance with the Zoning
Ordinance, in that it complies with all applicable property
development standards of the RR-A zone {with the exception of the
front yard setback for which a variance is granted).
That the proposed development encourages the orderly and the
h appearance of structures and property w thin the City, in
that surrounding lots have been developed with s milar structures
and in that the proposed home is designed to fit nto the hillside
with the minimum amount of grading necessary to a low development.
Resolution No. P-93-16
Page 3
Sect
The City Council hereby approves Variance 93-05 and Minor Development
Review 93-02 Hillside/Ridgeline subject to the following conditions:
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.
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
CONPLIANCE SHALL BE
The appropriate Building Department approvals shall be received prior to
initiation of construction.
2. All new and existing utilities shall be'undergrounded.
3. School impact fees shall be paid prior to issuance of building permits.
Water, sewer, and fire p systems plans shall be designed and
~ to meet requirements of City of Poway.
Se
The design and materials used for the retaining walls shall be subject to
the approval of the Director of Planning Services prior to issuance of
grading permits. Block shall be textured material such as split face or
slump stone to blend with adjacent hillsides. Plain grey cement block
will not be approved.
o
The Planning Services Department may approve an alternative grading design
if it can be demonstrated that it will reduce wall or slope height or
otherwise reduce visual impacts.
The detailed landscape plans must be approved by the Planning Services
Department prior to issuance of grading permits.
Stucco color shall be approved by the Planning Services Department prior
to issuance of building permits and shall be a muted earth tone rather
than white.
This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
10. If a chain link fence is used, it shall be vinyl coated to reduce
visibility.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval riot
to issuance of a grading permit and start of grading operation, ough
grading of the site must be completed and shall meet the C ty's
Engineering Services inspector's approval prior to issuance of a bui ding
o
Resolution No. P- 93-16
Page 4
permit. City approved Grading Plan G662-sg may be modified but assigned
a new plan number. A plan check fee of $500 will be due upon submittal of
the grading plan. A $500 inspection fee shall be paid prior to grading
plan
Any gra~in~ outside the limits of the owner's property shall have a letter
of p obtained and a copy thereof shall be provided to the City's
Engineering Services Department prior to grading permit
A note with the following provision shall be stated on the grading plan
"This work is proposed to be done on private property. This permit does
not authorize nor legally entitle the applicant and/or owner developer to
do this work unless said applicant and/or owner developer is/are legally
entitled to enter onto and grade that private property".
A ri ht-of-way permit shall be obtained from the City's Engineering
Serv ces Department for any work to be done within the public street
righ -of-way or any City-held easement. Said work shall include, but is
ot o be limited to, construction of driveway approach, sewer lateral
nstallation, water service line installation, street construction
including concrete curb, gutter, and sidewalk). Permit shall be obtained
riot to start of work.
The private road to the proposed home within the north 30 feet of the
property shall be improved to City of Poway's Non-Dedicated Rural Road
Standards per Ordinance No. 280. Its completion thereof shall be done
prior to issuance of building's Certificate of Occupancy.
A road maintenance agreement, for the above mentioned private roads in a
form satisfactory to the City Attorney, shall be executed by the owner
and/or developer prior to building permit ' Said agreement is to
comply with Ordinance 280, City Code Section 12.20.060.
City Council approved at their June 26, 1990 meeting, a temporary sewer
and water application for the property. Applicant shall comply
with the conditions set forth in that approval prior to building permit
Driveway shall have a 12 foot minimum width and 25 percent maximum slope.
In order to provide a sufficient turnaround for Fire Department apparatus,
the retaining wall being built as part of the building structure shall not
encroach into the turnaround.
A concrete brow ditch shall be constructed at the toe of the fill slope
along the westerly lot line of the property sufficient in length to
prevent runoff from flowing over an existing cut slope on the adjacent lot
to the west.
Resolution No. P- 93-16
Page 5
The
fees shall be paid prior to building permit
These fees are currently in effect, but are subject to change.
raffic Mitigation
ark Fees
rainage
ater Service
ewer Service
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVEO BY THE OEPARTNENT OF SAFETY SERVICES.
CONPLIANCE SHALL BE
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.
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. Address
shall be required at private driveway.
Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of a cess roadways with all-weather driving
surface of not less than 16 fee of unobstructed width, with adequate
roadway turning radius capable o supporting the imposed loads of fire
apparatus having a minimum of 1 '6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant to the City
of Poway Municipal Code.
o
Dead end access roadways in excess of 150 feet long shall be provided with
approved p for the turning around of Fire Department apparatus.
for dead end and looped accessways are:
Length:
Width:
Turnarounds Required:
O' - 500'
' Diameter cul-de-sac
' Hammerhead
*Curves and topographical conditions could alter the requirement for
turnarounds and the width of accessway.
The access roadway shall be extended to within 150 feet of all portions of
the exterior walls of the first story of any building. Where the access
roadway cannot be provided, approved fire protection system(s) shall be
provided as required and approved by the chief.
Resolution No. p-93-16
Page 6
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of April 1993.
ggl
ATTEST:
STATE O'F-~AL I FORN IA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-93-16 , was duly adopted by the City Council at ameetingof said City Council
)e 13th day of April , 1993, and that it was so adopted
by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON