Res P-98-22RESOLUTION NO. p-98-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 98-01
AND MINOR DEVELOPMENT REVIEW 98-05
ASSESSOR'S PARCEL NUMBER 321-250-09
WHEREAS, Variance 98-01 and Minor Development Review 98-05, submitted by
David Alstrand, Applicant, for the purpose of .3 a 2,455 square foot, two story,
split level resid lone acre property located at 14689 Twin Peaks Road and
quest to allow the residence I ~ 10 feet into the required 20 foot side
yard setback along the westerly property line and to allow a section of a retaining wall to
be eight (8) feet in height when six (6) feet is the height permitted in the zone.
The subject property is zoned Rural Residential A.
WHEREAS, on April 14, 1998, 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
follows:
=
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
C Plan the required findings for approval of the proposed
mitigation for the removal of coastal sage scrub are as follows:
A=
The mitigation is consistent with and furthers the implementing
objectives of the Poway Habitat C Plan in that the
developer is required to mitigate removed habitat at a 2:1 ratio
through the on-site or off-site dedication of undisturbed and
unencumbered coastal sage habitat and/or payment of a mitigation in-
lieu fee at the established rate prior to the ' I a grading or
clearing permit.
B=
The mitigation habitat shall be located in the Mitigation Area to
enhance the long-term viability and function of the preserve system
in that any proposed ~ iion area is required
to be connected and contiguous to the natural habitat on adjacent
properties.
D=
E=
No. P- 98-22
Page 2
The mitigation will be to the long-term benefit of the Covered Species
and their habitats in that the dedication of a conservation easement
over undisturbed and connected coastal sage habitat will promote a
meaningful addition to the assembly of a viable regional system of
int :1 natural habitat habitat linkages, buffers
and wildlife corridors.
The mitigation shall foster the implementation of the
Poway Habitat C PI :l:ective and efficient manner
in that any proposed ~1 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 i implementation of the Poway Habitat Conservation
Plan.
That there are special applicable 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
The special :le the fact that the long narrow property has
steep topography and it is heavily encumbered by road easements which
limit where the residence can be sited to observe both of the required 20 foot
side yard setbacks. The steep topography of the lot also is the reason that
an 8 foot high retaining wall is needed to achieve the required 20 foot width
required for the access road.
=
That granting of the variance or its modification is necessary for the
preservation 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
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That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welt' ' ' to the property
or imp 1 vicinity and zone in which the property is located in
=
Resolution No. P- 98-22
Page 3
that even with th ~ment into 20 foot westerly, sideyard setback, the
residence will observe a 10 foot setback which should be adequate
separation from the adjoining vacant residential lot to the west. Granting the
variance for the wall height will not be materially detrimental to the public
health, safety, or welfare, ' ' to the property in the vicinity in that it
will allow for the of a standard width private road to provide
access to lots in the immediate area.
That the granting of this variance does not constitute a special
privile§ l with the limitation upon other properties in the
vicinity and zone in that the variance will allow the property to be
developed to the same level as other lots within the vicinity that do not
h development constraints.
That the granting of th' does not allow th Iy which is
not otb ~ressly authorized by the Poway Municipal Code in that a
single family residence is allowed in the Rural Residential A zone.
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
I.
2. The development encourages the orderly and h appearance of
structure and property within the City through its ./with the high
standards for residential development throughout the City.
The City Council hereby approves Vadance 98-01 and Minor Development Review
98-05 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.
Building permits shall be issued within two years of the approval of Variance
98-01 or the approval shall I: II and void.
Resolution No. P- 98-22
Page 4
TI; 3proval shall apply to the request for the residence (including
porch area) to observe a 10 foot side yard setback along the westerly
property line and t' :the retaining wall along the segment of Twin
Peaks Road that is required to improve to a 20 foot width as shown on the
approved plans on file in the Planning Services Department.
Site shall be developed in accordance with the approved site plans on file in
the Planning Services Department and the condit' :1 herein.
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
; building permits.
A revised grading plan shall be submitted to the Planning Services
Department showing the house observing a minimum 10 foot side yard
setback along the westerly property line and the required minimum 20 foot
side yard setback from the interior edge of the road easement along the
easterly property line.
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 school fees will be
increased to $1.93 per square foot of assessable space effective April 20,
1998.
Driveways serving one or two parcels in the Rural Residential C zone shall
be constructed subject to the following standards:
Max. Grade Break
14% 25%
6" Portland Concrete Cement
The developer shall pay an Affordable Housing In-Lieu Fee in the amount of
$3,955 ( based on a 2,455 square foot residence).
Approval of this request shall not 31lance with all "the
Zoning Ord' :1 all other applicable City Ordinances in effect at the
time of building permit issuance.
10.
11.
12.
13.
14.
15.
16.
17.
Resolution No. P-98-22
Page 5
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.
The project will result in the removal of coastal sage scrub. The developer
has agreed to comply with the requirements of 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 .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 on-site mitigation of natural
habitat shall be contiguous and/or connected with the expanse of natural
habitat surrounding the subject property.
Any natural habitat within ti;
as mitigation credit '
road development.
31y th
lall not be counted
can ultimately be lost to
The applicant shall submit a brush management plan to the Planning and
Safety Services Department 1' -I approval prior to grading permit
issuance.
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. Landscaping shall be installed around the
tank to screen it from view f -ling property.
18.
19.
20.
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23.
24.
Resolution No. P- 98-22
Page 6
The average height of the residence shall not exceed 35 feet.
This approval shall become null and void if building p not issued
for this project within two years from the date of project approval.
A barrier or gate shall be installed on the access driveway on the Alstrand
property, clear of th l to prevent unauthorized : of the
Alstrand lots. This barrier or gate shall be installed immediately upon
completion of the driveway
To address heavy equipment damage to the private road, the developer shall
repair any potholes or significant : the private portion of Twin
Peaks Road from the westedy boundary of APN 321-250-42 to the subject
property pdor to final occupancy of the subject residence. The repairs shall
be completed to th : the Planning and Engineering Services
Departments.
Upon completion of the required widening of Twin Peaks Road to 20 feet, the
developer shall satisfactorily relocate the existing wooden fence along the
frontage of the property located at 14621 Twin Peaks Road so that the fence
is clear of the road imp
The existing mature pine tree located at the easterly edge of the private
driveway entrance to the property located at 14621 Twin Peaks Road shall
be preserved. If necessary, a retaining wall shall be incorporated into the
design of the road imp the tree to insure preservation of the
tree.
Any damage caused by work associated with this project, including damage
to pdvate property, shall be repaired and the property restored to its original
condition.
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) to insure th I 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.
-- Resolution No. P- 98-22
Page 7
All landscaped areas shall I:
free from weeds, trash and debds.
: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
Every building hereafl ~ 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 :~wa~ : 150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
LENGTH WIDTH
*0'- 150' 20'
* 150'-500' 20'
None Required
70' Diameter Cul-de-Sac
70" Hammerhead
*Curves and topographical conditions could alter the requirements for
turnarounds and the width of .vs.
Resolution No. P- 98-22
Page 8
o
This dwelling is being built on a pamel size of 1 acre 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 1' l with City landscape plan requirements.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
COMPLIANCE SHALL BE APPROVED BY THE ENGINEERING SERVICES
DEPARTMENT.
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 I : a building permit.
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
any City held easement. Said work shall include, but is not limited to,
construction of driveway approach, sewer lateral installation,
line i stallation, and street
The Ilowing development fees shall be paid to the Engineering Services
De rtment prior to building permit issuance. These fees are currently in
effe 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*
= $50.00*
= $25.OO*
= $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.
Resolution No. P-98-22
Page 9
The following fees shall be paid or a security bond posted prior 1'
of a building permit. If a security bond is posted, payment of the fees shall
be made prior 1 : 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. ^ lrol 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 roadway serving the property shall be widened to 20 feet from the large
turnaround located just west of the property at 14621 Twin Peaks Road
(Bloom residence) 1 ' ' : 10 feet past the access driveway serving
the property at 14637 Twin Peaks Road. The driveway extension to the
Alstrand property shall be 16 feet wide at a grade of 25%. If this
driveway deviates from the recorded new easements shall be
obtained and d -I to the City. The driveway width on site shall be
16 feet. Driveway 125% shall b
Any modification of the access to existing residences ( 14607, 14621, 14635
and 14637 Twin Peaks Road) shall be approved by the existing owners prior
to grading plan approval.
A guard rail shall be : :1 where the improved road embankment
height exceeds 12 feet in accordance with the San Diego Regional Standard
M30 to M32 and M36.
-- Resolution No. P- 98-22
Page 10
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of April 1998.
ATTEST:
Marjond~Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
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-98-22 , was duly adopted by the
City Council at a meeting of said City Council held on the 14th day of
Apri 1 , 1998, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, GOLDBY, REXFORD, HIGGINSON
EMERY
NONE
NONE
Wahlsten, City Clerk
City o Pf,,~Nay