Res P-93-56RESOLUTION NO. P- 93-56
A OF TH CIT' UN I
0 T C Y OF W Y, C OR I
APPR VI' CO ITIO A SE P K IT -03,
VARIANCE 3-1 AN MINO E ELOPE T R IEW 93-47
PARCE U. BER 7 -21 -14
WHEREAS, Conditional Use Permit 93- 3, Variance 93-15 and Minor Development
93-47 submitted by Roger Mohling and Va erie Ann Bailey, applicants, requests
approval to relocate a 1,370 square foot istoric house from La Jolla to an 11.2
acre site on Coyote Creek Trail, in the R-A zone; and
WHEREAS, the applicants wish to build a 3,647 square foot main house and
40'X 60' barn on the same lot; and
WHEREAS, the historic house is proposed to be a second living unit and a
variance from the required f ratio between the size of a secondary and
main living unit is sought; and
WHEREAS, on November g, 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 City Council inds that Conditional Use Permit 93-03, Variance 93-15 and
Minor Development eview 93-47 are exempt under the p of the California
E 1Qual ty Act (Class 3), as the project is for the of
single-family resi ential units, and (Class 5) as aminor alteration of land use
limitations.
Conditional Use Permit 93-03
The proposed pr ject is consistent with the general plan in that it
proposes a sing e-family residence with an living unit and
barn on an 11. acre rural residentially zoned lot which permits
construction o an accessory living unit.
The proposed living units and barn ill no have an
adverse aesthetic, health, safety, r architectura ly rela ed impact
upon adjoining properties in hat the bui ding esign is
architecturally compatible and t e building p acemen will be
similar to the surrounding residen ial development.
o
The proposed accessory unit is compatible with the orderly and
h appearance of structures and property in the City in that
the home will be placed on an existing knoll which fits the
footprint of the house comfortably with a minimum of landform
alteration.
Resolution No. P-93-56
Page ~
~iance 93-15
The proposed project will be
illustrated above.
with the general plan as
That there are special circumstances applicable to the property, and
the buildin proposed for use as a second living unit, and because
of this, t' strict application of the Zoning Ordinance deprives the
property o privileges enjoyed by other properties in the vicinity
under iden ical zoning classification.
The topography of the subject lot is uneven and areas suitable for
building are limited in size. The property is sl pin at
approximately a 20 percent grade. There is a natural shel ar a on
the south one-quarter of the lot and an area directly sou h o the
wooded stream area. Each area is suitable for building, bu ne ther
can support all of the buildings proposed for construction.
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.
he property is located in a rural outlying area of the City wh re
errain is irregular, and where buildings are generally sited to it
opog aphic constraints. There are numerous examples within he
mmed ate neighborhood. The property at 15855 Quail Mt. Road a so
conta ns a second living unit which is situated on a separate
build ng pad from the main house.
Finally, the building proposed for use as a second living unit is an
existing historic home which cannot be altered in size. The
required minimum 4:1 size ratio for the main house to the secondary
unit could be retained by ' ) the size of the proposed main
house; however, this is not a esirable solution because it would
result in grading an the removal of mature oak trees.
Approval of the variance wi 1 allow for construction of a
substantial house without these undesirable tal impacts.
That granting the variance or its modification will not be
mater ally detrimental to the public health, safety r welfare, or
injur ous to the property or improvements in such vic nity and zone
in wh ch the property is located because the subjec lot will be
serve by a septic system and well which will be cer ified by the
San D ego County Health Department.
That the ~ranti~g of the va iance does not constitute a special
privilege t 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 fas ion and do not contain all of the
constraints which are present on the subject property, namely, the
placement of an historic house, avoidance of existing oak trees and
two limited building sites.
Resolution No. P-93-56
Page 3
e
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 for two residential and a barn {
structure) located in a rural residential zones.
Review
The proposed project is consistent with the general plan as noted
above.
The propo ed use is a 3,647 square foot single-family residence and
detached ,370 square foot second living unit (which is an historic
structure and a 40'X 60' barn, to be built on an 11.2 acre site
located i. a rural residential zone which permits this type of low
density residential use.
That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties as illustrated in the findings above.
That the proposed development is in compliance with the Zoning
Ordinance, in that it complies with all property development
standards with the exception of proportion of one-fourth relating
main house size with that of second living unit, for which a
variance is sought.
e
That the prop sed development encourages the orderly and h
appearance o structures and property within the City, in that at
least one ne ghboring property contains a second living unit. The
type of cons ruction being proposed is compatible with the rural
residential zone.
The City Council hereby approves Conditional Use Permit 93-03, Variance
93-15 and Minor Development Review 93-47 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.
The use conditionally granted by this permit shall not be conducted in
such a manner as to interfere with the reasonable use and of
surrounding residential uses.
This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the past
year. If the permit is not in compliance with the conditions of approval,
Resolution No. P-93-56
Page 4
or the Planning Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council,
to consider modification or revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. CONPLIANCE SHALL BE
APPROVED BY THE DEPARTHENT OF PLANNING SERVICES.
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.
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 '
For each new resid tial dwelling unit{s}, the ap licant shall pay
develo ment fees at t e established rate. Such fees m y include, but not
be lim ted to: Permi and Plan Checking Fees, School ees (in accordance
with C ty-adopted pol cy and/or ordinance). Water and ewer Service Fees.
These ees shall be paid at building permit '
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.
A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
Existi g on-site trees shall be retained wherever possible and shall be
mainta ned in a horticulturally acceptable manner. Dead, decaying, or
otent ally dangerous trees shall be approv d for removal at the
iscre ion of the Planning Services Department uring the review of the
aster Plan of existing on-site trees. Living rees which are approved
or removal shall be replaced on a tree-for-tree asis as required by the
lanning Services Department.
g. At no time in the future may the historic accessory structure be enlarged.
Resolution No. P-93-§6
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
COHPLIANCE SHALL BE
A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval prior
to issuance of a grading permit and start of grading operation. Rough
grading of the site must be completed prior to issuance of a building
permit.
he private rod adjacent to and/or within the prop ty commonly referred
o as Coyote reek Trail, shall be improved to -ity of Poway's Non-
edicated Rura Road Standards per Ordinance No. 80. Its completion
hereof shall e done prior to issuance of build ng's Certificate of
-ccupancy.
A road maintenance greement, for Coyote Creek Trail, in a form
satisfactory to the Ci y Attorney, shall be executed by the owner and/or
developer prior to bui ding permit ' Said agreement is to comply
with Ordinance 280, Ci y Code Section 12.20.060.
Leach field layout or seepage pit layout or the residences sewage
disposal system shall be submitted to the C ty's Engineering Services
Department for review and approval by the City ngineer prior to obtaining
a septic system installation permit from he County of San Diego
Department of Health. If a septic system installation permit had been
obtained without a City approved layout, one shall be submitted prior to
installation of leach lines.
The applicant shall contribute its pro-rata share of future imp
to Coyote Creek Trail, Running Deer Trail, and Mina de Oro Road.
of said share in the amount of $2,131 shall be paid prior to
permit '
Payment
building
6. The following development fees shall be paid prior to building permit
Traffic Mitigation
Park Fee
$1,980.00
5,100.00 (Both Residences)
A moving permit will be required in order to move the structure from the
La Jolla site to the Poway site.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT 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.
Resolution No. P-93-56
Page 6
Approved nu bers or addresses shall be placed on the buildin 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 entrances.
Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
The access from Coyote Creek Trail to the proposed house pads is greater
than 15 percent grade. Both houses will be required to have a residential
fire sprinkler system installed.
A water tank meeting the requirements of Poway Municipal Code Section
15.24.200 shall be installed for each new residence.
Each of the buildings to be X shall be accessible to fire
department apparatus by way of access roadways with all-weather surface of
not less than 20 feet of unobstructed width, with ade uate roadway turning
tad us capable of supporting the imposed loads o fire apparatus and
hav nga minimum of 13'6" of vertical clearance, he road surface type
sha 1 be approved by the City Engineer, pursuant o the City of Poway
Mun cipal Code.
Dead end access driveways in excess of 150 feet long shall be provided
with approved p, for the turning around of Fire Department
apparatus. Requirements include a 16 foot wide private drive with either
a 70 foot diameter cul-de-sac or hammerhead.
GENERAL REQUZREMENTS AND APPROVALS
Permits from other agencies will be required from:
CalTrans
City of San Diego for moving house from La Jolla to Poway
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 9th day of November, ]993.
ATTEST:
~n jglnson, i
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
Resolution No. P- 93-56
Page 7
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-93-56
, was duly adopted by the City Council at a meeting of said City Council
held on the gth day of November, lg93, and that it was so adopted by the
following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON