Res P-00-10RESOLUTION NO. P-00-10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-20
ASSESSOR'S PARCEL NUMBER 275-620-13
WHEREAS, Variance 99-20 submitted by George Montello, applicant, requests a
variance to allow a 696 square foot garage addition (with =the existing garage
to living space) to an existing single-family residence to observe a 10 foot side yard
setback when a 20 foot side yard setback is required in the Rural Residential C zone. The
subject property is located at 13243 Avenida La Valencia; and
WHEREAS, on February 1, 2000, the City Council held a duly advertised public
headng to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
~ction 1: The City Council finds that Variance 99-20 is Categorically Exempt
from the I: ' ' !the California E Quality Act, pursuant to Section 15301,
Class 1, and Section 15305, Class 5, in that it is a minor addition to an existing single
family residence and it teration to a side yard setback and does not create
a new parcel.
~ 2: The findings in accordance with Section 17.50.070 of the Poway
Municipal Code for Variance 99-20 to allow a reduction in the side yard setback from 20
feet to 10 feet to allow an addition to a single family residence at 13243 Avenida La
Valencia in the RR-C ~e as follows:
That there are special applicable to the property, and because of
this, the stdct application of the Zoning Ordinance depdves the property of privileges
enjoyed by other properties in the vicinity under identical zoning ' that
large rock outcroppings exist on the rear portion of the property thereby limiting the
amount of developable area on the property. In addition, the subject residence was
developed on a 0.55 acre lot in accordance with the f ~, whereas the
minimum lot size under the existing zoning '
Granting the variance or its modification is necessary for the p and
enjoyment of a substantial property right possessed by other property owners in the
¥ and zoning for which th ;Iht in that other properties in
th' : the current ' ' parcel size and are able to add onto
their homes without
That the project will not have an a(~ :hetic, health, safety, or architecturally
related impact upon adjoining properties in that the residence has been designed
Resolution No. P- 00-10
Page 2
so that it complies with City design standards. Also, at least a 20 foot separation
(approximately) will exist between the subject addition and the nearest neighboring
home, and privacy will I: ' ' :1 for that neighboring home by the fact that it
is higher and separated by a fence.
That the granting of th' does not 3ecial privile~ :
with the limitation upon other properties in the vicinity and zone in that residential
additions (with setback variances) have I: ~ed on other lots in the Rural
Residential C zone.
Eo
That the granting of this variance does not allow a use or activity which is not
otb 3ressly authorized by zoning development regulations governing the
parcel or property in that a single family residence is a permitted use in the Rural
Residential C zone.
The project ' I with the General Plan in that it involves the construction
of an addition to a single family residence on a site which is designated for
residential use.
The City Council hereby approves Variance 99-20 to allow a reduction
in the side yard setback from 20 ft. to 10 ft. to allow an approximately 696 square foot
addition 1 ' ;] single-family residence at 13243 Avenida La Valencia in the RR~C
zone subject to the following conditions.
Approval of th' quest shall apply only to the subject project and shall not
31iance with all sections of the Zoning Ordinance and all other applicable
City ord :l:ect at the time of building permit issuance.
Within 30 days of the date of this approval the applicant shall submit in writing that
all conditions of approval have been read and understood.
C. Prior to I
building permit, the applicant shall comply with the following:
The building elevations shall depict the exterior building materials for the
addition walls and roof consistent in color, type and texture with the exterior
material on the existing residence, to the ' ' of the Director of
Development Services.
The plans shall be revised to depict a hip roof on the east side of the new
garage, to th : the Director of Development Services.
3. The applicant shall comply with the latest adopted Uniform Building Code,
Resolution No. P-00-
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Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ord effect
at the time of building permit issuance.
4. The building plans shall depict Iow flow plumbing in all new construction.
School impact fees shall be paid at the rate established at the time of
building permit issuance. C :1 evidence of payment shall be
provided to the Planning Division pdor to issuance of building permits.
PI :the Poway School District for additional information at (858)
748-0010, ext. 2089.
D. Prior to Certificate of Occupancy, the applicant shall comply with the following:
All created slopes of 5:1 or greater shall be landscaped and a permanent
' '3ation system shall be installed prior to final occupancy.
An evergreen landscaping buffer shall be installed in the area between the
addition and the neighboring home to the east, to the satisfaction of the
Director of Development Services.
Section 4: The approval of Variance 99-20 shall expire on February 1, 2002 at
5:00 p.m. unless pdor to that time a building permit has been issued and
the property in th 3proval h :1 prior to its expiration.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 1st day of February, 2000.
Michael~
ATTEST:
L~o {~A~ne~People s~C,~ty~C~lerk
-- Resolution No. P- 00- 10
Page 4
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lod Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P- 00- 10 was duly adopted by the City
Council at a meeting of said City Council held on the 1st day of February 2000, and that
it was so adopted by the following vote:
AYES: HIGGINSON, GOLDBY, REXFORD, CAFAGNA
NOES: EMERY
ABSTAIN: NONE
ABSENT: NONE
nne Peoples, City Clerk
City of Poway