Item 7 - EA VAR 93-10 MDRA 93-35 Laura Kimball
AGENDA REPORT SUMMARY
_0:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~
FROM:
INITIATED BY:
m/~-
Reba Wright-Quastler, Director of Planning Services ~
DATE:
July 27, 1993
SUBJECf:
Environmental Assessment, Variance 93-10, and MDRA 93-35, Laura Kimball,
Applicant
ABSTRACf
A request to construct a 1,550 square foot single story, single family residence on the
property located at 14305 York Avenue which is within the Rural Residential C (RR-C)
zone and the Residential Single Family 4 (RS-4) zone. The application also includes a
request for a variance approval to allow the dwelling to observe side yard setbacks of
five and one-half feet each, when the minimum required in the zone is ten feet.
ENVIRONMENTAL REVIEW
fhi s project is categorically exempt (Cl ass 3 & 5) under the provlslons of the
California Envi ronmenta 1 Quality Act because it is a mi nor alteration in land use
limitations and the construction of a single family residence.
FISCAL IMPACf
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to property owners
within 500 feet of the project area.
RECOMMENDATION
It is recommended that the City Council approve Variance 93-10 subject to the conditions
contained in the attached resolution.
ACTION
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JUL 2 7 1993 iTEM 7
TO:
FROM:
INITIATED BY:
DATE:
MANDATORY
ACTION DATE
SUBJECT:
BACKGROUND
~ AGENDA REPOR'I
CITY OF POW A Y
Honorable Mayor and Members of the City Council
James L. Bowersox, City Ma~ OL
Reba Wright-Quastler, Director of Planning Services ~
Carol M. Rosas, Assistant Planner II
July 27, 1993
August 24, 1993
Environmental Assessment. Variance 93-10 and Minor Develooment
Review 93-35. Laura Kimball. Aoolicant: A request to
construct a 1,550 square foot single story, single family
residence on the property located at 14305 York Avenue which
is within the Rural Residential C (RR-C) zone and the
Residential Single Family 4 (RS-4) zone. The application also
includes a request for a variance approval to allow the
dwelling to observe side yard setbacks of five and one-half
feet each, when the minimum required in the zone is ten feet.
APN 314-1B2-86
The applicant is seeking approval to construct a single family dwelling on the
property located at 14305 York Avenue. She is also requesting a variance
approval to allow the proposed residence to observe side yard setbacks of 5 1/2
feet rather than the 10 foot side yard setbacks required in the RS-4 zone.
Section 17.50 of the Poway Municipal Code makes a provision whereby the City
Council can allow a variance from the terms of the Zoning Ordinance because of
special circumstances applicable to the property which make the strict
application of the code overly burdensome.
ACTION:
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j
JUL 27 1993 ITEM 7
Agenda Report
July 27, 1993
Page 2
A residence was constructed on the subject lot in 1957. Thi s dwell ing
experienced severe flood damage during the heavy rains in January 1993 which has
required that the structure be razed and replaced. In late February 1993, Mrs.
Kimball requested that the City waive all City fees connected to the rebuilding
of a home on the site because of the financial hardship associated with the
natural disaster. The City Council approved the waiver request on March 16,
1993.
FINDINGS
The subject property is split zoned. The majority of the lot is zoned RS-4 with
the remainder being zoned RR-C. Staff has applied the RS-4 zoning standards
since the majority of the lot is within the RS-4 zone.
The subject lot is long, narrow and flat (approximately IBO feet by 50 feet), and
the south easterly part of the property 1 ies within the Rattlesnake Creek
floodplain. The applicant is proposing to locate a 1,550 square foot single
story residence on the high point of the lot clear of the floodplain. The long
narrow shape of the property, coupled with the encumberance of the floodplain
makes it difficult for the development of even a modest sized home on the lot
which complies with zone setback standards. In addition, the subject lot is sub-
standard in size (8,500 square feet) for both the RR C (1 acre) and the RS-4
(10,000 square feet) zones. For these reasons, staff supports the applicant's
request for a setback variance to allow the house to observe 5 1/2 foot side yard
setbacks rather than the 10 setbacks required in the RS-4 zone.
Develooment Facilities
It was di scovered duri ng the project revi ew that the attached porch of the
residence located on the lot immediately north of the project site encroaches
five feet into the subject property. Fortunately Mrs. Kimball owns the lot with
the encroaching porch as well as the lot located immediately south of the subject
property. To correct the problem of the encroaching porch, a condition of
approval for this project will require that a boundary adjustment be processed
which will shift both side property lines of the project property ten feet to the
south. This will allow the house with the encroaching porch to be contained on
one lot. The porch will observe a five foot side yard setback which is
acceptable in the RS-4 zone.
Redevelopment of the site will require that the property be converted from a
septic system to the public sewer system.
ENVIRONMENTAL REVIEW
This project is exempt from the provision of the California Environmental Quality
Act as it proposes a mi nor a lterat i on to land use 1 imi tat ions and is the
construct i on of a si ngl e family home. A Cl ass 5 and Cl ass 3 categori ca 1
exemption may be issued.
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JUL 2 7 1993 ITEM 7
Agenda Report
July 27, 1993
Page 3
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Publ ic notice was publ ished in the Powav News Chieftain and mailed to 62
property owners in the project area.
RECOMMENDATION
It is recollllllended that the City Council approve Variance 93-10 and Minor
Development Review 93-35 subject to conditions contained in the proposed
resolution.
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Attachments:
A. Proposed Resolution
B. Zoning and Location Map
C. Proposed Site Plan
D. Proposed Floor Plan
E. Proposed Building Elevations
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JUL 2 7 1993 ITEM 7
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-10 AND
MINOR DEVELOPMENT REVIEW 93-35
ASSESSOR'S PARCEL NUMBER 314-182-86
WHEREAS, Variance 93-10 and Minor Development Review 93-35 submitted by
Laura Kimball, applicant, requests approval for construction of a 1550 square
foot single-family home at 14305 York Avenue. The residence will observe side
yard setbacks of only five and one-half feet when 10 foot setbacks are required
in the RS-4 zone; and
WHEREAS, on July 27, 1993, 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 Findinas:
The City Council finds that Variance 93-10 and Minor Development Review
93-35 are exempt from the provi sions of the Cal i fornia Environmental
Quality Act, Categorical Exemption Class 5 and 3, as the project is the
construction of a single-family dwelling (Class 3) and a minor alteration
to land use limitations (Class 5).
Section 2: Findinas:
Variance 93-10
1. The proposed project is consistent with the General Plan in that it
proposes the construction of a single-family residence on a site
which is designated for residential use.
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 lot is
substandard in total area and in width. This fact, in combination
with the encumberance of the floodplain on a portion of the lot,
limits the applicant's ability to design a residence which meets
standard setback requirements.
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.
The variance will allow the applicant to construct a 1550 square
foot residence which is in keeping with the size of other residences
found in the vicinity.
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JUl 2 7 1993 ITEM 7
Resolution No. P-
Page 2
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.
The proposed encroachment will not have a negative impact due to the
fact that the redevelopment of the site will result in the
improvement in the drainage patterns of the area in that the
proposed dwelling will be constructed clear of the floodplain.
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 the property is located in an area
where many of the existing homes do not observe the minimum side
yard setback due to the fact the setback and lot size requirements
were increased significantly in 1983 when Poway's General Plan and
Zoning Development Code were adopted.
6. That the granti ng of thi s vari ance does not all ow the use or
activity which is not otherwise expressly authorized by zoning
development regulations governing the parcel or property in that the
proposed project is the construction of a residential unit in the
RS-4 zone and Rural Residential - C zone.
Minor DeveloDment Review 93-35.
1. That the proposed development is in conformance wi th the Poway
General Plan in that the proposed use is single family residential.
2. That the proposed development will not have an adverse aesthetic
health, safety, or architecturally related impact upon adjoining
properties, in that the roofline, construction method, building
materials, and elevations will be compatible with surrounding
properties.
3. That the proposed development is in compl iance with the Zoning
Ordinance, in that, with the granting of the variance, it complies
with the property development standards of the RS-4 zone.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that the
surrounding properties which are under the same zoning designations
as the subject lot are developed as single-family residences similar
to the proposed project.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 93-10 and Minor Development
Review 93-35 subject to the following conditions:
1. Wi thi n 30 days of approval: (1) The app 1 i cant shall submi tin
writing that all conditions of approval have been read and
understood; and (2) the property owner shall execute a Covenant on
Real Property.
JUl 2 7 1993 ITEM 7
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Resolution No. P-
Page 3
2. The applicant shall complete a boundary adjustment which involves
.shifting the side property lines of the subject property 10 feet to
the south. This shall be accomplished prior to certification of
occupancy.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The site shall be developed in accordance with the approved site plan and
elevations on file in the Planning Services Department.
2. The appropriate Building Department approvals shall be received prior to
initiation of construction.
3. All new utilities shall be installed underground. Please contact SDG&E
Planning Division at 480-7617. Completion of undergrounding shall be
prior to issuance of a Certificate of Occupancy.
4. School impact fees shall be paid prior to issuance of building permits.
5. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of City of Poway
6. Low flow plumbing fixtures are required in all new construction.
7. Self-generation water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
8. This permit shall become null and void on July 27, 1995 if building
permits have not been issued.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. 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 star of work.
2. A sewer service fee of $3,466.00 shall be paid prior to building permit
issuance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1.
Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. #64.
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JUl 2 7 1993 ITEM 7
Resolution No. P-
Page 4
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 may
be required at private driveway.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of July 1993.
Don Higginson, Mayor
ATTEST:
Marjorie K. 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. ____
, was duly adopted by the City Council at a meeting of said City Council
held on the _____ day of , 1993, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
AEPORT\VAR931
Marjorie K. Wahlsten, City Clerk
City of Poway
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JUL 2 7 1993 ITEM 7
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CITY OF POW A Y
ITEM:
VAR 93-10 & MDRA93-
ZONING AND
LOCATION MAP
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TITLE :
SCALE:
NONE
ATTACHMENT: B
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JUL 27 1993 ITEM 7
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JUl 2 7 1993 ITEM 7
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ATTACHMENT E
JUl 2 7 1993 ITEM 7