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.
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ACTION:
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OCT ~ "1990 ITEM 6
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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.
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OCT:lO 1990 ITEM 6
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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
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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.
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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.
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OCT ~ n 1990 ITEM 6
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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
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ITEM:
MDRA 90-70
GENERAL PLAN AND
SURROUNDING LAND USE
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TITLE:
NONE
ATTACHMENT: 3
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ITEM:
MORA 90-70
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TITLE: SITE PIAN
OCT :111 1990 ITEM 6
ATTACHMENT:
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NONE