Res P-00-08RESOLUTION NO. P- 00-08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING VARIANCE 99-22 AND
APPROVING MINOR DEVELOPMENT REVIEW 99-123
ASSESSOR'S PARCEL NUMBER 314-031-06
WHEREAS, Variance 99-22/Minor Development Review Application 99-123 was
submitted by McCullough-Ames Development, Inc., applicant, 1 :a one-story, 26
foot high, single-family house of 5,750 sq. ft. with garages (three spaces & one space) and
a tennis court on a 1.42 acre site (Lot 12) of Saddlebrook Estates, 15195 Saddlebrook
Lane, south of Del Poniente Road. A 16 foot front yard building setback variance is
requested to the required 40 foot front yard setback to allow an encroachment of part of
the three car garage. This lot requires City Council action for approval of the building height
per the conditions of Tentative Tract Map 97-04. The subject property is zoned Rural
Residential C.
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must I: that complies with Section 66020.
WHEREAS, on January 11, 2000, the City Council held a duly advertised public
headng to solicit 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 and 5) from the California E Quality Act in that it is the
construction of a single family home and a minor alteration to land use
limitations.
-22
That there are no special 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 with the
identical zoning classification.
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Resolution No. P- 00-08
Page 2
The lack of special ' :le the facts that the 1.42 acre lot was
graded as part of the Saddlebrook Estates tentative map, the building
setbacks were known to the applicants, the applicants chose to add a pad
for a 1 rt at the back of the lot, and the house could be modified to
meet the setbacks.
That granting of the Variance or its modification is not necessary for the
p 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 the net fiat pad area of the lot is of sufficient
size to plot a house of 5,500 square feet + with garage(s) that meets the 40
foot front yard setback of the RR-C zone.
That granting the V Is modification will 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 it would al! ~ the three car garage t ~ 16 feet into
the front yard setback of 40 feet (with the balance of the house observing the
setback) posing 3act that would not occur for other lots within
the subdivision and neighborhood that would observe or do observe the 40
foot front yard setback.
That the granting of this Variance would constitute a special privilege
l with the I~)on other properties in the vicinity and zone
in that the V d have allowed the property to be developed to a
greater level than other lots within the vicinity with or without the
development constraint of measuring the front yard setback from a cul-de-
sac and turnaround rather than a standard property line parallel to a street.
That the granting of th' ,d allow th ~ivity which is not
otherwise expressly authorized by the Poway Municipal Code in that a single
family residence and enclosed parking that meets the required building
setbacks for front, side and rear yards is allowed in the Rural Residential C
zone without the need for a Variance approval.
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The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties because the roof and
the exterior building ~ of the residence are with a French
Country Estate architectural design and muted earth I :luired so
that the residence will blend better with the surrounding natural I.
Resolution No. P- 00-08
Page 3
2. The development encourages the ordedy and h appearance of
structures and property within the City through itc ./with the high
standards for residential development throughout the City.
The City Council hereby denies Vadance 99-22 and approves Minor Development
Review 99-123 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES,
PLANNING DIVISION.
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Site shall be developed in accordance with the approved grading plans on file in the
Development Services Department and the conditions contained herein.
Revised site plans and building )orating all conditions of approval
shall be submitted to the Development Services Department prior to ' :
grading and building permits. Muted colors shall be used for exterior walls and
roofing.
Approval of this request shall not 31lance with the Zoning Ord :1
ail other applicable City ordinances in effect at the time of grading and building
permit issuance. The residential development shall comply with ail p ' lion
conditions and mitigation for TTM 97-04.
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 ord fect at the time of building
permit issuance.
The applicant shall pay all applicable fees, including school fees, at the current rate
per square foot of assessable space (living area) prior to building permit issuance.
The developer shall pay the Affordable Housing In-Lieu Fee in the amount set per
City ordinance prior to building permit issuance.
Resolution No. P- 00-08
Page 4
L plumbing fixtures shall be shown on the plan submitted for building
plan check and be installed within th ' 'lence. L .~e irrigation is
required 1' :ling landscaping though landscape plan review is not required
for single-family residences.
No construction activity is permitted, including utility trenching, until pad grading is
certified and all subdivision improvements are approved by the Development
Services Department.
The height of the residence shall not exceed 26 feet without approval by the City
Council. A deed restriction shall be recorded by the property owner that contains
this requirement. The form and content of th' ' ' ~all be to the satisfaction
of the Director of Development S :1 the City Attorney.
10. This approval shall I~ I and void if building p : issued for this
project within two years from the date of project approval.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES,
ENGINEERING DIVISION.
11.
If grading is to exceed 50 cubic yards of earthwork, or if the cut is more than 2 feet
and the fill is more than I foot, then the applicant shall apply for a grading permit
and submit a grading plan for review and approval to the City's Development
Services Department. If it is determined that grading does not exceed 50 cubic
yards and a grading permit is not required, then the applicant shall provide a
certification from a State Registered Civil Engineer indicating the quantity of
earthwork involved and pay a $500 inspection fee prior to building permit issuance.
Compliance with the following conditions is required prior to
building permit:
of the
12.
Rough grading of the site is to be completed and meet the approval of the City
inspector and shall include submittal of the following:
- A certification of line and grade, prepared by the engineer of work.
- A final soil compaction report 1' :t approval by the City.
13.
The following development fees shall be paid to the Development Services
Department, Engineering Division, prior to building permit issuance. These fees
lly in effect and are subject to change.
Resolution No. P- 00-08
Page 5
Water:
Cost Service
3/4-inch $130 $3,710 $1,871 $1,350
*l-inch $270 $6,678 $2,994 $1,430
*If required for fire safety (3/4" meter fees for expansion & SDCWA will be
applicable).
**To be paid by separate check, payable to San Diego County Water Authority.
Sewer C 1,112.93
Cleanout 50.00
Inspection 25.00
Traffic Mitigation 990.00
Park 2,720.00
Drainage 1,570.00
Compliance with the following conditions is required prior to '
Certificate of Occupancy:
of a
14. All proposed utilities within the project site shall be installed underground.
15.
Existing public utility lines and appurl 3all be shown on the grading plans.
Location of utility boxes, cabinets or structures shall also be shown fully
d' ,I and are subject to review through an MDRA, processed through the
Development Services Department, Planning Division.
16.
New utility easements/facilities shall be per the req ' I the serving utility
company, and the Director of the Development Services Department.
17.
Driveways, drainage f 3e landscaping and protect' utilities,
water and sewer mains (including extensions and realignments), shall be
J, completed, and inspected by the Engineering Inspector.
18.
Record drawings, signed by the engineer of work, shall be submitted to
Development Services pdor to a request of occupancy, per Section 16.52.130B of
the grading ordinance. Record drawings shall be submitted ' to allow the
City adequate time for review and approval prior to issuance of occupancy and
release of grading securities.
19.
Fire hydrants shall be installed at locations to be determined by the Fire Marshal.
A water system analysis shall be required to establish the adequacy of the existing
water mains, and any necessary extension to serve the project, or to
establish the proper size and location of the new public water system. The cost of
Resolution No. P- 00-08
Page 6
the analysis shall be paid by the applicant prior to submittal of improvement plans.
Installation of fire hydrants shall be completed at a time designated by the Fire
Marshal. Plan check and inspection costs shall be paid by the applicant.
20.
Prior to start of any work within City-held ' ;Ihts-of-way, a right-of-way
permit shall be obtained from the Engineering Division of the Development Services
Department. All appropriate fees shall be paid prior to permit issuance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
21.
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 No. 64.
22.
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.
23.
Each chimney used in
spark arrester.
with any fireplace shall be maintained with a
24.
Prior to building permit' :t during construction, every building hereafter
constructed shall be accessible to Fire Department apparatus by way of access
roadways 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 ' ' i 13'6" of vertical The
road surface type shall be approved by the City Engineer pursuant to the City of
Poway Municipal Code.
25.
A residential fire sprinkler system with a one-inch meter will be required. Plans shall
be submitted to the Fire Prevention Bureau for approval prior to installation. (If a
one-inch lateral off the street main is currently not present, one will have to be
installed.)
26.
Minimum gate entrance shall be 16 foot clear without impingement of gate
hardware. A K ':le key switch shall be installed on the electric gate.
27. Maintain 36 inch between fire hydrant and entry wall.
Resolution No. P- 00-08
Page 7
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 11th day of January 2000.
ATTEST:
nne Peoples, City E;lerk
Michael P. Cafagna,
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury, that the foregoing Resolution, No. P- 00- 08 duly adopted by the
City Council at a meeting of said City Council held on the 11th day of January, 2000, and
that it was so adopted by the following vote:
AYES: HIGGINSON, ENERY, REXFORD
NOES: GOLDBY
ABSTAIN: CAFAGNA
ABSENT: NONE
EOd/Anne Peoples,
City of Poway