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Item 2 - VAR 98-13 Larry Quate - AGENDA REPORT SUMMARY - TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana~ <Q INITIATED BY: Reba Wright-Quastler, Director of Planning Services flY' DATE: December 15,1998 SUBJECT: Variance 98-13, larry Quate, Applicant ABSTRACT The applicant proposes to add six (6) detached carport structures over 55 existing residential parking stalls located at the Carriage Road Apartments at 13130 Carriage Road within the Residential Apartment zone. He is requesting a variance approval to allow two (2) of the carport structures to observe a 10 foot separation from other structures located on the property when the minimum distance required in the zone is 15 feet. ,- ENVIRONMENTAL REVIEW This project is Categorically Exempt, Class 3 and Class 5 from the California Enviro'nmental Quality Act. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Public notice was published in the Poway News Chieftain and mailed to 65 property owners in the project area. RECOMMENDATION It is recommended that the City Council approve Variance 98-13 subject to the conditions of approval listed in the attached proposed resolution. ACTION - N.\pr 6"NING\REPORTlVAR9813.SUM 1 of 10 DEe 1 5 1998 1'. i:M 2 .-----.---. -------- ---- AGENDA REPORT CITY OF POW A Y TO: Honorable Mayor and Member~e City Council FROM: James L. Bowersox, City Mana Q. INITIATED BY: Reba Wright-Quastler, Director of Planning SeNices {P? Carol Rosas, Assistant Planner II DATE: December 15, 1998 MANDATORY ACTION DATE: January 12,1999 SUBJECT: Variance 98-13. Larry Quate. Aoolicant: The applicant proposes to add six (6) detached carport structures over 55 existing residential parking stalls located at the Carriage Road Apartments at 13130 Carriage Road within the Residential Apartment zone. He is requesting a variance approval to allow two (2) of the carport structures to obseNe a 10 foot separation from other structures located on the property when the minimum distance required in the zone is 15 feet. APN: 317-490-10 BACKGROUND The applicant proposes to construct six detached carport structures. Two of the structures require a variance approval to allow the buildings to obseNe a separation of 10 feet from other structures on the subject property when the Poway Municipal Code requires a minimum separation of 15 feet. Section 17.50 of the Municipal Code makes a provision whereby the City Council can allow a variance from the terms of the Zoning Code because of special circumstances applicable to the property which make the strict application of the code overly burdensome. FINDINGS The findings required to support the approval of Variance 98-13 can be made and are based on the fact that presently no covered parking exists within the 29 year old apartment complex. Current City standards require that new apartment developments provide at a minimum, covered parking in the form of carports. The addition of the proposed carports will lessen the degree of non-conformity of the Carriage Road Apartment complex. The project should not adversely impact development on surrounding properties in that the portion of the carport structures that will require the minimum separation variance approval are located within the interior of the subject property. DEe 1 5 1998 fTEM 2 " 2 of 10 - .~.. Agenda Report December 15, 1998 Page 2 The proposed carport structures will be constructed of metal and will be painted to match the exterior colors of the existing buildings. The applicant requests that the carport roofs be constructed with corrugated metal. Staff recommends that if metal is to be used, that seamed metal roofing be installed to enhance the appearance of the structures. A condition of approval for the variance requires that if metal is to be used on the carports, that seamed metal roofing be installed. Another condition requires that landscaping (trees and shrubs) be installed at the front of the complex to screen and soften the appearance of the carports from Carriage Road. ENVIRONMENTAL REVIEW This project is Categorically Exempt, Class 3 and Class 5 from the California Environmental Quality Act. FISCAL IMPACT None. - PUBLIC NOTIFICATION AND CORRESPONDENCE Public notice was published in the Poway News Chieftain and mailed to 65 property owners in the project area. RECOMMENDATION It is recommended that the City Council approve Variance 98-13 subject to the conditions of approval listed in the attached proposed resolution. Attachments: A. Proposed Resolution B. Zoning and Location Map C. Site Plan D. Elevations E:\CITY\PLANNING\REPORT\var9813.agn \ DEe 1 5 1998 liEM 2 3 of 10 - - -- ----...-..- n__ ___..._____...____ ---~~~-- ---- RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 98-13 ASSESSOR'S PARCEL NUMBER 317-490-10 WHEREAS, Variance 98-13 submitted by Larry Quate, Applicant, requests a variance to allow two (2) carport structure to observe a 10 foot separation from other structures on the property when the minimum separation distance required is 15 feet. The property is located at 13130 Carriage Road within the Residential Apartment zone. WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020. WHEREAS, on December 15,1998, 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 resolve as follows: Section 1: Environmental Findings: The City Council finds that Variance 98-13 is exempt from the provisions of the California Environmental Quality Act, Categorical Exemption Class 5 , a minor alteration to land use limitations and Class 3, the construction of accessory structures on a property designated for multi-family residential development. Section 2: Findinas: 1. The approved project is consistent with the General Plan in that it involves construction of accessory structures within a multi-family residential development. 2. That there are special circumstances applicable to the property, and because of this, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification. The special circumstances include the fact that the subject apartment complex was constructed under old County guidelines. The addition of the carport structures will lessen the degree of non-conformity of the Carriage Road Apartments. DEe 1 5 1998 ITEM 2 . ATTACHMENT A 4 of 10 Resolution No. P - Page 2 3. That granting 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 zoning for which the variance is sought. Current zoning standards require that at a minimum new apartment developments provide covered parking in the form of carports. 4. 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 in that the encroachment should not have an adverse impact on surrounding development in that the portions of the carport structures which will observe a lesser setback will be located within the interior of the complex. 5. That the granting of this variance does not constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and zone in that new apartment development throughout the City is required at a minimum to provide covered parking in the form of carports. 6. That the granting of this variance does not allow the use or activity which is not otherwise expressly authorized by zoning development regulations governing the parcel or property in that accessory structures are permitted in the Residential Apartment zone. 7. That the approved project will not have adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties in that the accessory structures have been designed so that they comply with City design standards. 8. That the approved project encourages the orderly and harmonious appearance of structures and property within the City in that the accessory structures have been designed so that they will be compatible in appearance with the existing building on the property. Section 3: City Council Decision: The City Council hereby approves Variance 98-13 subject to the following conditions: 1. Within 30 days of approval the applicant shall submit in writing that all conditions of approval have been read and understood. DEe 1 5 S98 ITEM 2 5 of 10 --------_.- -',---- --------.. Resolution No. P - Page 3 APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Site shall be developed in accordance with the approved site plans on file in the Planning SeNices Department and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning SeNices Department prior to issuance of building permits. 3. Approval of this requires shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect a the time of building permit issuance. 4. 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. 5. The appropriate Building Department approvals and fees shall be received prior to the start of construction. 6. All new utilities shall be installed underground. 7. If the carport structures are to be constructed of metal, a seamed metal roof shall be installed. The color of the carport roofs shall match the color of the roofing of the apartment buildings within the complex. 8. Landscaping and irrigation shall be added along the front of the property to screen the carports from view from Carriage Road. A conceptual landscaping plan shall be submitted to the Planning SeNices Department for review and approval prior to building permit issuance. 9. The easterly elevation of the apartment building located closest to the street at the driveway entrance shall be architecturally enhanced prior to certification of occupancy. 10. This approval shall become null and void if building permits have not been issued on the project by December 15, 2000. ITEM , DEe 1 5 1998 2 6 of 10 - Resolution No. P - Page 4 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 15th day of December, 1998. Michael P. Cafagna, Mayor ATTEST: Lori Anne Peoples, City Clerk STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. , was duly adopted by the City Council at a meeting of said City Council held on the day of , 1998 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Lori Anne Peoples, City Clerk City of Poway N:\PLANNING\REPORnVAR9613.RES - DEe 1 5 1D98 ITEM 2 7 of 10 -..-------.--.-,.-.-- -" , - MI-IP CITY OF POW A Y ITEM: Variance 98-13 Zoning and Location @ SCALE, TITLE; Map None ATTACHMENT: B . 8 of 10 DEe 1 5 1998 ili:M 2 , - r iF/" . - ~~-=~~~:~'R ---pl-/ ~-:-::...-- - .. - ---f'i. I --- . ---.~. -~?'"_S . ---- - ..-]"t - . i ~.---- ~ :-- I ! !; -----r- --- --..----i '" , 1 -- ~I I ~.- - --------71 , ~' -i~---..........II __~_.. ~W[ .' JCaoo/I3, I I i---'~ ,PBOI'OSllD-.. P1 "I \ =-'-...-. , " ,-- \ -,~- ,- 1,1 '\. ~---I' \" _ ~~-'-"""""""i j EXISTING '. II So"" I _ _ ! !\ ..BUlLDING r~- . - -'.:j. If [, " I IJ~ .~- L" i" '\ \ I "''(17- - IUIt. --7' ':'t-. pll ~._.'.:, V~~:I , , ' I . I I I " I~I . \1 1 . I', EXISTING \ I i , ~I BUILDING. , '" LJ ',,' 11'1 , '" II I".., ,)------ _ ----- '-~~ I 1- 2" -7~.2a~~ Ii'-.\ "\ , \ '~" " , - I\! \. '" I " :oi!:' j ",,,; .9 j\ EXISTING \/' ~ I , I, BUILDING \. ~ I ' r' I <r.> , , >< i' "\.. '. \" l.U V~CEbu-n,' "'" I' '\"\.......< I i ! '~~10ft. 1 I' ~J~ll I' i {., I ~\ \ I ~,~~-_.-._." ,\ I ! t:---.. ----71 . \ 1 I , I~' I ..AiO~'. i I \ 1\ \. '. 11 I 3-: ~---------Cf-~w.'.I\~\._ I I ----- , i ) , , , ~ -- -- -.. m -p/I ___ _ _ I Application lor 60 CaIports -~ N -- CARRIAGE ROAD APARTMENTS Scale l' - 30' 13131) CARRIAGE ROAD ~; \7\ (;J, - ,(CJ../) fAC.~t:( , - A TT ACHMENT~e- .. '" 9 of 10 DEe 1 5 199B l!FT-J ? . I 20' -0" W 5'-0" 6'-9" 3'-3" 5'-0" e SLOPE 114" P e T.~ *ROOF MAY SLOPE IN EITHER DIR- I ECTION. ON IX o <( CO :::;: FIN, GRADE b . 12: N:::;: N I <0 l' -6" DIAM. CONCRETE FOOTING PlACED AGAINST UNDISTURBED EARTH 0) SECTION - NOTE: CARPORT IS DESIGNED FOR 20' WIDTH (W); HOWEVER, IT MAY BE USED FOR LESSER WIDTHS AS FOLLOWS: FOR 19' WIDTH, DIMENSIONS "e" SHALL BE 4'-6". FOR 18' WIDTH, DIMENSIONS" c" SHALL BE 4'-0". FOR 17' WIDTH, DIMENSIONS "c" SHALL BE 3'-6". FOR 16' WIDTH, DIMENSIONS "c" SHALL BE 3' -0" ATTACHMENT 0 DEe 1 5 1998 rtEJ.4 2 ... 10 of 10 . ---=--- . -, REVISED MATF--~L DISTRIBUTED 12-11-98 Variance 98-13, Larry Quate, Applicant ~ ~,'" " ' - __ n_.___ --,,- . ,,'~-' ~ ,'--. --~ -. -- . ---,.~ ~. -. _=_ :c=- -' .- _. . ~ -....- ...... Photo: Carports to be constructed under proposal. Please note height of roof, which is 7' above ground, and invisible to anyone less than 7'6" in height. Structure is all metal. Applicant accepts and agrees to abide by all conditions in staff report, except the following: Item # 7, page 3. "If carport structures are to be constructed of metal, a seamed metal roof shall be installed. ......" Waiver requested. A waiver of this condition is requested by applicant. Reasons. The roofs are invisible to anyone less than 7'6" in height and the two families living on the 2nd floor ofthe apartment immediately to the south. The roofs are 7' above ground level and nearly flat, so there is no slope to give a view. None ofthe walls in the apartment project and buildings to the north and west which would provide a view of the roofs have windows or doors. There are no elevated areas which would give a view of the carport roofs, except a vacant lot to the southwest. Also, the contractor does not offer the option of seamed roofs, but only supplies the type of roof shown in the photo. DEe 1 5 ,gg~ ITEM ;:. . ----