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Item 6 - MDR 90-70 Andrew Chmielinski -(( AGENDA REPORT CITY OF POW A Y TO: Honorable Mayor and Members of the City Council James L. Bowersox, City Mana~ ~ Reba Wright-Quastler, Director of Planning Services ~ FROM: INITIATED BY: PROJECT PLANNER: Carol Edmonds, Assistant Planner I (jV\fvU' October 30, 1990 DATE: MANDATORY ACTION DATE: October 31, 1990 SUBJECT: Minor Development Review 90-70, Andrew Chmielinski, APplicant: An appeal by the applicant of the conditions of approval for MDRA 90-70 for the construction of a 3,344 square foot two story addition and garage at 14005 Ipava Drive in the RR- C zone. APN: 321-172-01 ABSTRACT On September 19, 1990, the Planning Services Department approved Minor Development Review 90-70 for the construction of a 3,344 square foot two story addition and garage to an existing 1,452 square foot single-family dwelling. The subject parcel is located at 14005 Ipava Drive. On October 1, 1990, the City Clerk's office received a letter from the applicant, Andrew Chmielinski appealing Condition No. 7c of the approval (see Attachment 2). The condition requires the applicant to improve sections of Ipava Drive and Tierra Bonita Road to meet City Standards. The applicant also was given the option to pay an in-lieu fee of $5,295.15. Staff recommends that the City Council deny the appeal and approve Minor Development Review 90-70 subject to conditions. ~ /' ACTION: 1 of 10 OCT ~ "1990 ITEM 6 ./.. ,-"'lI A Agenda Report October 30, 1990 Page 2 BACKGROUND Pursuant to Municipal Code Section 17.52.070 and 17.52.080, the decision of the Director of Planning Services on a minor development review may be appealed to City Council and the item shall be considered within 30 calendar days at a regularly scheduled meeting. The code also states that failure of the City Council to act within 30 days from the scheduled date for appeal hearing shall be deemed approval of the plans and drawings unless the applicant shall consent to an extension of time. DISCUSSION The applicant proposes to construct a 3,344 square foot two story addition .and garage to an existing 1,452 square foot single-family dwelling located at 14005 Ipava Drive. Development impact fees (i.e., Park, Transportation Mitigation Fees, etc.) are assessed on residential improvements exceeding 750 square feet of habitable space. In accordance with Chapter 1618 of the poway Municipal Code, the improvement of Ipava Drive and Tierra Bonita Road are required as a condition of building permit issuance. These roads are required to be improved to dedicated semi-rural and urban street standards as set forth in Section 12.20.010, which requires the installation of curb, gutter, and sidewalks. using the Chmielinski's frontage of 324 feet and the City'S unit bonding costs and a 10% contingency per Resolution 90-175, a cost estimate of $5,925.15 was calculated. This amount was then reduced by the additional $640 the Chmielinski's are required to pay in Traffic Mitigation Fees. Therefore, the applicant was given the option of paying an in-lieu fee of $5,285.15 rather than constructing the required improvements. ENVIRONMENTAL REVIEW This proj ect is categorically exempt from environmental review based on CEQA Guidelines, Class 3, which includes new construction or conversion of small structures. CORRESPONDENCE Notice of the hearing was mailed to five adjacent property owners. 2 of 10 OCT:lO 1990 ITEM 6 .. Agenda Report October 30, 1990 page 3 FINDINGS The findings for approval of Minor Development Review 90-70 are included in the attached proposed resolution. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Minor Development Review 90-70 subject to conditions. JLB:RWQ:CME:pcm Attachments: 1. Proposed Resolution 2. Applicant Letter of Appeal 3. General Plan and Surrounding Land Use 4. Site plan REPORT\MDRA9070.AGN 3 of 10 OCT 301990 ITEM 6 RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR DEVELOPMENT REVIEW 90-70 ASSESSOR'S PARCEL NUMBER 321-172-01 WHEREAS, Minor Development Review 90-70 was submitted by Andrew Chmielinski and approved by the Planning Services Department and an appeal of the conditions of approval for MDRA 90-70 was filed by Andrew Chmielinski; and WHEREAS, on October 30, 1990, the City Council held a hearing on the above-referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinqs: The City Council finds that this proj ect is exempt under provisions of the California Environmental Quality Act as a small residential structure (Class 3). Section 2: Findinqs: 1. That the proposed development is in conformance with the poway General plan because the General Plan designates the site for single-family residential use and the proposed project is a two story room addition and garage to an existing single-family home. 2. The proposed development will not have adverse aesthetic, health, safety, or architecturally related impacts upon adjoining properties, in that the proposed home meets all development standards for the RR-C zone. 3. That the proposed development is in compliance with the Zoning Development Code, in that all development standards will be met through project construction. 4. The proposed development encourages the orderly and harmonious appearance of structures and properties within the City because the proposed building will incorporate archi tectural details, materials, and colors that are compatible with surrounding residential uses. Section 3: City Council Decision: The City Council hereby affirms staff's approval of Minor Development Review 90-70 subject to the following conditions: 4 of 10 OCT ~1 n 1990 ITEM 6 " Resolution No. P- Page 2 APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The appropriate Building Department approvals shall be received prior to initiation of construction. 2. All new utili ties shall be installed underground. please contact SDG&E Planning Division at 480-7617. Completion of undergrounding shall be done prior to issuance of a Certificate of Occupancy. 3. water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway. 4. Site shall be developed in accordance with the approved site plan on file in the Planning Services Department and the conditions contained herein. 5. A deed covenant for the 3,344 square foot addition and garage shall be executed prior to issuance of building permits. This agreement must be signed and notarized by the owners of record. 6. Self-generating water softeners are prohibited in accordance with Chapter 13.04 of the Municipal Code. 7. This permit shall become null and void on October 30, 1992 if building permits have not been issued. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The applicant shall pay a $500 inspection fee to the City's Engineering Services Department prior to building permit issuance. Such fee is to be used to pay for City Inspector's time in making necessary inspections of the project site that are required prior to issuance of said building permit and/or Certificate of Occupancy. 2. 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 to be limited to, construction of driveway approach, sewer lateral installation, water service line installation, street construction (including concrete curb, gutter, and sidewalk). Permit shall be obtained prior to start of work. 5 of 10 OCT 301990 ITEM 6 ''''''-''-_''-',.;.c -"C,,_",-,< Resolution No. P- Page 3 3. The southerly half of Ipava Drive contiguous with the property boundary shall be improved to City of poway Semi-Rural Local Collector standards and the easterly half of Tierra Bonita Road contiguous with the property boundary shall be improved to the City of poway Urban Local Collector Standards. Improvement shall include, but is not limited to half street pavement widening, construction of concrete curb, gutter, and sidewalk and shall be completed prior to issuance of a certificate of occupancy. Improvement plans shall be prepared and submitted to the City's Engineering Services Department for review and shall meet the City Engineer's approval with required securities posted and standard agreement for construction executed prior to building permit issuance. In lieu of constructing the above improvements, at the applicants option, a cash payment of $5,785.15 shall be paid to the City's Engineering Services Department. Said payment is based on a cost estimate using the City's unit costs and reduced by the $640 required Traffic Mitigation Fee balance. 4. Contact Engineering Services for payment of water, drainage, sewer, traffic mitigation, and park fees prior to building permit issuance. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. 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. 2. 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. 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. 4. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. where the access roadway cannot be provided, approved fire protection systems shall be provided as required and approved by the Fire Marshal. 6 of 10 OCT ~ n 1990 ITEM 6 _,__ T_ ,_, _ ':~ ~_ ,-~,,,__,-_'",,~;,,,,,,""""_. .~__ ,"' __ '...: _ ,-,-"',.. Resolution No. P- Page 4 APPLICANT SHALL CONTACT THE DEPARTMENT OF COMMUNITY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING: The site shall be annexed into the appropriate Landscape Maintenance District (LMD) prior to building permit issuance. APPROVED and ADOPTED by the City Council of the City of Poway, state of California, this 30th day of October 1990. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO I, Marjorie K. wahlsten, City Clerk of the City of poway, doe 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 , 1990, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K. wahlsten, City Clerk City of poway REPORT\MDRA9070.RES 7 of 10 OCT 3 n 1990 ITEM 6 i RECEIVED, OCT 1 1990 October 1, 1990. City Clerk City of Poway City Hall 13325 Civic Center Drive Poway, CA 92064 (" .,. CITY OF POWAY - CITY CLERK'S OFFICe SUBJECT: Letter of Appeal (RE: MORA 90-70 APN 321-172-01) To whom it may concern: I submitted for a minor development review for an addition to my home and received a reply from Carol Edmonds dated September 19,1990.After speaking with Carol regarding the improvements that the Engineering Services Department, I contacted the Kathy Cerini. I have an objection to the improvements that have been listed in Carol's letter and Kathy indicated that she was not authorized to revise these requirements. This is why this letter of appeal. Section 7c should not apply because the street is as wide as it ever could be. Section 7c also requires construction of a concrete curb, gutter, and sidewalk prior to the issuance of a certificate of occupancy. The area in which I live is a country atmosphere where my neighbors enjoy horseback riding. Installing curbs, sidewalks, etc. would be objected by the entire subdivision let alone myself. We enjoy our area just the way it is. Curbs and sidewalks do not accomodate horses very well. Besides, it would simply look out of place and I cannot afford to invest in what does not provide meaningful function. The fourth paragraph in Section 7c indicates that in lieu of constructing these described improvements, at my option, I am entitled to submit a cash payment for $5,785.15 to the Engineering Services Department. This is preposterous. For taking the option which any reasonable person would choose, maintaining the city in the country atmosphere that I bought into and maintained for years, even maintaing the easement on the Tierra Bonita side, it will cost me $5,785.15 for nothing. Really, what kind of voodoo economics is this? I will be subject to school taxes, park fees, property taxes, permit fees, etc. which I expect will approach $10,000.00. All I want to do improve my home by bringing it up to today's standards which also enhances the City of Poway. I don't think this is fair and I question the ethics, let alone the legality. I therefore petition this Engineering Services requirement and seek your help to be excluded from such a request. I am not a business. I am a reasonable Poway homeowner. Please review the attached copy of Carol's letter and let me know if I can help to expedite this matter in a timely fashion, I would like to get started on my home improvements once this issue is resolved. Thank you in advance for your cooperation. ,/...- Andrew Chmielinski 14005 Ipava Drive Poway, CA 92064 Home: 748.2221 Work: 279-5726 ex!. 5510 ITEM: MORA 90-70 APPLICANT'S TIT L E : APPEAL LEITER ATTACHMENT 2 8 of 10 OCT :1 n 1990 ITEM 6 = TI F11f. '/"0-' U:.:--l : I ~ " './~_.-\ _/ - ~ '~ 'I Hl__ _1, ',' 1 ~ -- -' _.. ---;' ~ --; \h f-T --: .-- _ I =~.' . 1 I M!f- L rR~/1 ~-'T / r- ~-L. . I Re' ,-+ 1111---iJ' Ii ~', <.r:--C ~ ) - i-:i: __Fi!L-J =*:::1. --I---'.s=. ._ - ~ ~r.J ,l~ .~ - I ~~~.~-F; : ,. . 1 i4~ - - l~f- \--:; ~ . ~ .J l'I~~Y Irq'- -- . .' 'J1' . Jj< 1\ ~ JITiTll,_ I.. i ,,~'! ~-,pll ~, IT, ,! '1---, i!' I ~\; ~. ~,~~\ :Il" -" ~ I A~'-,""\ -.~\\ ~ . J', - . 'i, I-~__ ~ --.. ' . r"'\ _ I ,,,-- '::? '" \<~-il i - f; ..J RS-01' l'lL._', ;/ \\\ I'~ '1: L- --1.1 - 'If il,"j , - ~ ~~ ' /)v ~~- I 'I, '-_~ ~l RS- ~ ' l~_ / / \ 1-- . i - "~ .:- . . I \ f-n1:; 'y"h _.-.l.. \ \ , I ' ill '-t::lt~.r_- r-1. ~~ , . -;p~+ f-. ~ RC .11 I' _ =-~;~ ;;,::.J - I _ _ \ ~^7' =" :: l ..c n / / 1 (- \ \ 1\ ili I '\ I; , ~s ?-=" - -+- /.--- ~ '11 \ 1].,; 1 .r r '-- RA -I -< I 1- ~ is- Ii - -: IT C =t J [RE'; '; 'i I f! 'i I i I I !, .... lJ~ i! r::: ...... hi~~' ':( ~ ' ~r= 1=?!~--f-tfoQ,~,,<~ -~I ~~'= f--. -:~ CITY OF POW A Y ITEM: MDRA 90-70 GENERAL PLAN AND SURROUNDING LAND USE II @ SCALE' TITLE: NONE ATTACHMENT: 3 9 of 10 OCT 3 n 1990 ITEM 6 10 of 10 ,- \ ~l ~, 11 ~t 1 I t I I I I , I I .:'5-".44'~,. ''',.....~ t ....' ... 1 .t:.!I'-d I :1 1.'..::1- 1 '."" '.,'-,,'-< . ,.'." , -"."",',,'-. FA!1I.-"':-..d",- New '" ""'-,,,,,,- ~e' " -..""'~ -'-'--" " '. '. '_ . _ t ',', ' , I i- I a r! . ~ '" '}'I I~ JI. -S; -"" ,\ ~~ I ~~ ~I ~I I ( "'" ..00'41 'fQ,:~ -17'i. ~!~l "- / l,b." e'lt....Z~I.oI; I 12:~1-o;.' 1t..:.40..e>11 f-'~~ ~l-f....~ E& .....e;~.. f"~" ~.., CITY OF POW A Y ITEM: MORA 90-70 @ SCALE TITLE: SITE PIAN OCT :111 1990 ITEM 6 ATTACHMENT: 4 NONE