Res P-97-59RESOLUTION NO. P- 97-59
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 97-05
AND MINOR DEVELOPMENT REVIEW 97-48
ASSESSOR'S PARCEL NUMBER 321-250-09 AND 10
WHEREAS, Variance 97-05 and Minor Development Review 97-48, submitted by
David Alstrand, Applicant, for the purpose of ..3 a 2,829 square foot, two story,
split level residence on a vacant 2 acre property located within the 14600 block of Twin
Peaks Road and ;luest to allow the residence ~ 1 into the required
20 foot street side yard setback. The subject property is zoned Rural Residential A.
WHEREAS, on October 21, 1997, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
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The City Council hereby finds that the project is Categorically Exempt
(Class 3) from the California E ~ Quality Act in that it is the
construction of a single family home.
The City Council hereby finds that in accordance with the Poway Habitat
Conservation Plan the required findings for approval of the proposed
mitigation for the removal of approximately one half acre of coastal sage
scrub are as follows:
The mitigation is consistent with and furthers the implementing
objectives of the Poway Habitat Conservation Plan in that the
developer is required to mitigate removed habitat at a 2:1 ratio
through the on-site dedication of undisturbed and unencumbered
coastal sage habitat prior to the issuance of a grading or clearing
permit.
The mitigation habitat is appropriately located in the Mitigation Area
to enhance the long-term viability and function of the preserve system
in that the proposed on-site conservation area is required to be
connected and contiguous to the natural habitat on adjacent
properties.
The mitigation will be to the long-term benefit of the Covered Species
and their habitats in that the dedication of a conservation easement
Resolution No. P-97-59
Page 2
)ed and connected g
meaningful addition to the assembly of a viable regional system of
:1 natural habitat habitat linkages, buffers
and wildlife corridors.
The mitigation will foster the implementation of the
Poway Habitat C PI ~ective and efficient manner
in that the proposed on-site conservation area is required to be
connected to the natural habitat on the adjacent properties.
The mitigation will not result in a negative fiscal impact with regard to
the implementation of the Poway Habitat C
Plan.
Se~
Variance 97-05
That there are special 3plicable to the property, and because
of this, the strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification.
The special include the fact that the property has steep
topography and is heavily encumbered by road 3ich limit where
the residence can be sited and observe the required 20 foot side yard
setback.
That granting the variance or its modification is necessary for the
p and enjoyment of a substantial property right possessed by
other property in the same vicinity and land use designation for which the
· being sought in that it will allow the property to be developed to
the same level as other lots within the vicinity that do not have similar
development
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welf ' ' to the property
or imp ~ vicinity and zone in which the property is located in
that even with a 10 foot encroachment into the 20 foot setback, the
residence will observe a 10 foot setback which should provide an adequate
separation from the road easement.
That the granting of this variance does not constitute a special
privilege t with the limitation upon other properties in the
vicinity and zone in that the variance will allow the property to be
-- Resolution No. P- 97-59
Page 3
developed to the same level as other lots within the vicinity that do not
h development
That the granting of th' does not allow th :y which is
not otb )ressly authorized by the Poway Municipal Code in that a
single family residence is allowed in the Rural Residential ^ zone.
ent Review 97-48
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties, because the roof
and the exterior building colors of the residence are required to be muted
earthtones so that the residence will blend better with the surrounding natural
l.
2. The development encourages the orderly and h appearance of
st :1 property within the City through il ! with the high
standards for residential development throughout the City.
Se :ouncil Decision:
The City Council hereby approves Variance 97-05 and Minor Development Review
97-48 subject to the following conditions:
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
Variance 97-05
Building permits shall be issued within two years of the approval of Variance
97-05 or the approval shall b II and void.
The variance approval shall apply only to the request for the residence
(including porch area) to encroach 10 feet into the required 20 foot street
side yard setback.
Revised plans shall be submitted prior to grading permit ' lowing
that all retaining walls are designed in compliance with Section 17.08.220
which limits th height of walls to 8 feet.
Resolution No. P-97-59
Page 4
Site D
1.
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10.
Review 97-48
Site shall be developed in accordance with the approved site plans on file in
the Planning Services Department and the condil' :1 herein.
Revised site plans and building incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
! building permits.
The applicant shall pay all applicable fees, including school fees, which are
presently $1.84 per square foot of assessable space (living area) prior to
building permit issuance. The fee amount shall be based on the rates in
effect at the time of building permit issuance.
The ex1 :the residence and garage shall be in muted earthtones.
If the developer chooses for the extedor to be yellow. The yell ~all
have brown or beige tones for better blending with the surrounding natural
A sample of the proposed revised colors shall be submitted
to the Planning Services Department 1' :1 approval prior to building
permit issuance.
The developer shall pay an Affordable Housing In-Lieu Fee in the amount of
$4,329 ( based on a 2,829 square foot residence).
Approval of this request shall not 31lance with all sections of the
South Poway Development Standards the Zoning Ordinance and all other
applicable City Ord' ~ect at the time of building permit issuance.
L plumbing fixtures and iow water usage irrigation shall be
installed within th ':lence and the surrounding landscaping.
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.
Future grading of the hillside portions of the subject lot shall be prohibited
unless approved by the City Council.
All created or cleared slopes of 5:1 or greater shall be landscaped and
irrigated prior to final occupancy.
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Resolution No, P-97-59
Page 5
The project will result in th ~le scrub. The developer
has agreed to comply with the req :the Poway Habitat Plan. In
accordance with the Poway Habitat Plan the developer shall mitigate any
removed coastal sage scrub at a 2:1 replacement ratio. The mitigation can
be accomplished in the form of Y-site dedication of a biological
conservation easement of in kind habitat, or the developer may pay a
mitigation in-lieu fee at the rate established at the time of grading permit
issuance. The mitigation requirement shall be completed prior 1
of a grading or clearing permit.
In accordance with the Poway Habitat Plan any ~ tigation of natural
habitat shall be contiguous and/or connected with the expanse of natural
habitat surrounding the subject property.
Any natural habitat within the on-site road
as mitigation credit 31y th
road development.
~all not be counted
ultimately be lost to
The applicant shall submit a brush management plan to the Planning and
Safety Services Department 1' :1 approval prior to grading permit
issuance.
The project grading plan shall be revised to show that the proposed paved
driveway shall I -I not continue beyond the turn-off to the garage
and residence and the plan shall delineate the limits of clearing or grading.
The revised grading plan shall also show the h relocated to the
disturbed area adjacent to the southerly slope of the proposed building pad
or the corral shall be deleted from the plan.
Prior to the start of the grading or clearing activity stakes and tape shall be
installed around the area dedicated for on-site biological mitigation to clearly
identify the areas that are to be preserved.
The proposed location of the required water tank for fire fighting shall be
reviewed and approved by the Planning Services Department prior to
installation. The color of the tank shall be earthtone and shall blend with the
surrounding natural I.
The average height of the residence shall not exceed 35 feet.
This approval shall become null and void if building I; not issued
for this project within two years from the date of project approval.
Resolution No. P-97-59
Page 6
A detailed slope revegetation and irrigation plan shall be submitted to and
approved by the Planning Services Department prior to the issuance of
grading permits. The applicant shall utilize effective landscaping techniques
(i.e., the installation of jute netting) particularly on the 1.5:1 graded slopes
to insure th revegetation of disturbed slope areas. The applicant
shall consider stockpiling the removed topsoil and coastal sage scrub
(mulched) for use in revegetating the graded and disturbed areas on the
property.
All landscaped areas shall It
free from weeds, trash and debris.
,1 in a healthy and thriving condition,
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY
SERVICES.
Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof covering
per city of Poway Ordinance #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 entrances.
Each chimney used in
with a spark arrester.
with any fire place shall be maintained
Every building hereafter constructed shall be accessible to fire department
apparatus by way of :lways with all-weather driving surface of not
less than 16 feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus and having
a minimum of 13'6" of vertical The road surface type shall be
approved by the City Engineer, pursuant to the City of Poway Municipal
Code.
Dead end -Iway : 150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
-- Resolution No. P- 97-59
Page 7
LENGTH WIDTH
IRED
*0'-150' 20'
* 150'-500' 20'
None Required
70' Diameter Cul-de-Sac
70" Hammerhead
*Curves and topographical conditions could alter the req
turnarounds and the width of ys.
for
A residential fire sprinkler system with a one inch meter will be required.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation (if a one inch lateral off the street main is currently not present,
one will have to be installed.).
This dwelling is being built on a pamel size of 2 acres and is beyond 500 feet
from the nearest fire hydrant. The dwelling will have to have
standby water for firefighting and a residential sprinkler system. Contact the
Fire Prevention Bureau for details,
Applicant shall submit a plan reflecting mitigation of adjacent
wildlife t I with City landscape plan requirements.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
COMPLIANCE SHALL BE APPROVED BY THE ENGINEERING SERVICES
DEPARTMENT.
SITE DEVELOPMENT
GRADING
A grading plan for the development of the property shall be submitted to the
City's Engineering Services Department for th :1 approval prior to
issuance of a grading permit and start of grading operation. The grading
plan shall be prepared on a standard sheet of mylar at a scale of 1" = 20' or
larger by a registered civil engineer. Rough grading of the site must be
completed and shall meet the City's Engineering Services inspector's
approval prior to' :a building permit.
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A right-of-way permit shall be obtained from the City's Engineering Services
Department for any work to be done within the public street right-of-way or
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Resolution No. P-97-59
Page 8
any City held Said work shall include, but is not limited to,
construction of driveway approach, sewer lateral installation, war
line installation, and street construction.
The following development fees shall be paid to the Engineering Services
Department prior to building permit issuance. These fees are currently in
effect and are subject to change.
Sewer C
Sewer Cleanout
Sewer Inspection
Water Meter (3/4" size)
County Water Authority
Water Base Capacity
=$2,356.00*
= $5O.OO*
= $25.0o*
= $130.00' (an additional $140.00 is
needed if a residential fire sprinkler is required)
= $1,585.00
= $3,710.00'
*These were to be paid by May 22, 1997 according to the Agreement
Respecting Temporary Sewer/Water C None of these fees were
paid.
The following fees shall be paid or a security bond posted prior to issuance
of a building permit. If a security bond is posted, payment of the fees shall
be made prior I : a Certificate of Occupancy. Once payment is
received in full said security bond could be released to the applicant.
Drainage = $1,570.00
Traffic Mitigation = 990.00
Park = 2,650.00
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th. A plan
shall be prepared by the project civil engineer and shall be submitted as part
of the grading plan.
All proposed utilities within the project shall be installed underground.
The applicant shall merge both I :1 in his letter to the City of Poway
Planning Department received August 20, 1997. The existing 12' driveway
serving the property at 14637 Twin Peaks Road (Scott property) shall remain
12'. The driveway extension to the Alstrand property shall be 16' wide at a
grade of 25%. If this driveway deviates from the recorded
3all be obtained and c~ J to the City.
Furthermore, from the beginning of the newly J ddveway for 14637
Twin Peaks Road ( Scott property), the roadway westerly shall be widened
to 20 feet to the large turnaround located just west of the property at 14621
Twin Peaks Road (Bloom property).
Resolution No. P- 97-59
Page 9
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 21st day of October 1997.
on ~gg~nson, Mayer,
ATTEST:
Marjori~,~Wahlsten, City Clerk
STATE OF CALIFORNIA )
)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. was duly adopted by the
City Council at a meeting of said City Council held on the 21~t day of
October 1997, and that it was so adopted by the following vote:
AYES: CAFAGNA, EHERY, GOLDBY,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
REXFORD, HIGGINSON
Wahlsten, City Clerk
City of~pway
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