Res P-93-24RESOLUTION
NO. P- 93-24
A F T E CIT' OU IL
OF H ITY D AY,
A P--LNG V RI E 93- A,,
MINOR DEVEL P ,T REV EW -15 H LSI E/RIDGELINE
ASSESSO 'S PARCEL :BER 2 o-1 0-65
WHEREAS, Variance 3-06 and Minor Development Review 93-15
Hillside/Ridgeline submitte by Robert and Carolyn Sue Mohler, applicants,
requests approval of a five- oot side yard setback variance for the construction
of a new single-family resi ence 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:
The ity Counc 1 finds that Variance g -06 and Minor Development Review
93-1 (Hillsi e/Ridgeline) are exemp from the p of the
Cali ornia E tal Quality Act ( lass 3), as the project is the
cons ruction o a new single-family dwe ing.
Variance 93-06
The proposed project will be with the general plan in
that it proposes the construction of a residential structure on a
site which is designated for residential use.
That there are special c rcumstances applicable to the property, and
because of this, the s rict application of the Zoning Ordinance
deprives the property o privileges enjoyed by other properties in
the vicinity under iden ical zoning classification.
The buildable portion of the lot is limited to a shelf area with
d 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.
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.
Resolution No. P-93-24
Page 2
he lot is located in a neighborhood in which the lots are
n topography and the siting of buildings has been determin6d by
actors including access, opportunities for placement of septic
ields, and avoidance of major rock outcroppings. The design and
placement of the proposed house takes all these factors into
consideration.
That granting the va iance or its modification will not be
mater ally detrimental o the public health safety, or welfare, or
to the proper y or improvements i. such vicinity and zone
in wh ch the property s located ecause subject lot will be
serve by a certified se tic sys em and ty water service and
because the house top is pproxima ely 15 vet below the grade of
the house pad of the a joining ome to the east, so that no
obstruction of views shou d occur.
That the granting of the va iance does not constitute a special
privilege inconsistent with t e limitation upon other properties in
the vicinity and zone in tha the surrounding homes are placed on
their lots in a random or er and do not contain all of the
constraints which are present on the subject property.
That the granting of the variance does not allow a use or activit
which is not otherwise expressly authorized by zoning developmen
regulations governing the parcel or property in that the propose
project is a new residential located in a rura
residential zone.
1. The proposed project is consistent with the general plan.
That the proposed development will not have an adverse aesthe ic
health, safety, or architecturally related impact upon adjoin ng
properties, in that the grading design, building placement, build ng
materials, and elevations will be compatible with surround ng
development.
Th t the proposed development is in compliance with the Zoning
Or inanc , in that it complies with all setbacks except the east
si e yar minimum setback, for which a five foot variance is sought,
bu in a 1 other respects meets the property development standards
for the R-B zone.
That the proposed development encourages the orderly and h
appearance of structures and property within the City, in that
surrounding properties are similarly developed as large-lot single
family residential homes.
sion:
The City Council hereby approves Variance g3-06 and Minor Development
Review 93-15 subject to the following conditions:
Resolution No. P-93-24
Page 3
Within 30 days of approval (1) the 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.
APPROVED BY THE DEPARTMENT OF PLJUJNXN6 SERVICES.
COMPLIANCE SHALL BE
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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.
o
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
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 '
o
For a new residential dwelling unit(s), the applicant shall 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).
All new and existing utilities shall be underground. Undergrounding shall
be completed prior to certification of occupancy.
Water, sewer, and fire protection systems plans shall be designed and
~ to meet req of the City of Poway and the County of
San Diego Health Department.
No future gradin of the hillside portions of the subject lo shall be
permitted. The imits of grading shall observe the line de ining he
previously distu ed grove area and shall not encroach into t e coas al
sage plant commu., ty. An open space easement shall be recorde over t at
portion of the lo containing coastal sage scrub to be dedicated to he
City of Poway prior to issuance of a certificate of occupancy.
Slope replanting for erosion control should incorporate fire 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 this project within two years from the date of project
approval.
Resolution No. P-93-24
Page 4
WITH THE IS REQUIRED.
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
SHALL BE
GRADING
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 ins cted
prior to issuance of a grading permit and start of grading oper ion.
Rough grading of the site must be completed and shall meet the ty's
Engineering Services inspector's approval prior to issuance of a bu ding
permit.
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
plan.
A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
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.
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.
Reciprocal access and maintenance and/or agreements shall be provided
insuring access to all parcels over private roads, drives or parking areas
and thereof to the satisfaction of the Director of E )
Services.
Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Engineering Services
department and appropriate fees paid, in addition to any other ~ermits
required.
Street improvements and maintenance shall be made in accordance with City
Ordinance standards for Non-Dedicated Rural Streets
The following development fees shall be paid prior to issuance of a
building permit. These fees are currently in effect, but are subject to
change.
Traffic Mitigation Fee
Park Fee
Drainage Fee
$ 900
$2550
$ 95O
UTILITIES
1. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering
Resolution No. P-93-24
Page 5
The shall be for the
of existing public utilities as required.
and
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVEO BY THE OF SAFETY SERVICES.
COMPLIANCE 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 nu bets or addresses shall be placed on the buildi in such a
position as o be plainly visible and legible from the street onting the
property, aid numbers shall contrast with their backgroun . Minimum
height of a dress numbers shall be four inches. Address shall e required
at private driveway
Each chimney used in
with a spark attester.
with any fireplace shall be maintained
A wildland fuel mitigation plan shall be submitted to eliminate 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.
A residential fire sprinkler system is required to be installed to the
satisfaction of the Director of Safety Services.
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,
ATTEST:
STATE OF )
) ss.
COUNTY OF SAN DIEGO )
Resolution No. P- 93-24
Page 6
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-93-24
, was duly adopted by the City Council at a meeting of said City Council
held on the 4th day of 1993, and that it was so adopted
by the following vote:
AYES: CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
, ity Clerk
C~ty o~_~ybway