Res P-00-83RESOLUTION NO. P-00-83
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 00-17 and MDRA 00-105
ASSESSOR'S PARCEL NUMBER 275-181-08
WHEREAS, Variance 00-17 and MDRA 00-105, submitted by John and Sandy
G applicants, request approval of a previously approved project that expired
prior to construction. The applicants again propose 1 :a 3,192 square foot, two
story residence on a vacant 0.55 acre property located at 13411 Stone Canyon Road
within the Rural Residential C zone. The applicants are also requesting a Variance
approval of th :luest to allow the residence to observe 10 foot side yard setbacks
on both sides of the house when 20 foot side yard setbacks are required in the zone; and
WHEREAS, on October 10, 2000, 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
follows:
The City Council finds that this project is Categorically Exempt, Class 3 and
Class 5, from the California E Quality Act pursuant to Sections 15303 and
15305, in that it is th : a single family residence and the setback Variance
is considered to be a minor alteration to land use limitations.
The findings in accordance with Section 17.50.070 of the Poway Municipal Code
for Variance 00-17 to allow the residence on the property located at 13411 Stone Canyon
Road to observe 10 foot side yard setbacks on both sides of the house when 20 foot side
yard setbacks are required are made as follows:
There are special applicable to the property because 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 that development of the lot' -I because it
is narrower than any lot in the neighborhood. Th' ' lot width in the RR-C
:luired to be 100 feet. Th' 3 property is 80 feet wide.
B=
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
same vicinity and zoning for which the Variance is sought, in that the Variance
allows the ! a residence that' size to other homes in the
vicinity.
Resolution No. P -00-83
Page 2
Co
Granting the V its modification will not be materially detrimental to the
public health, safety, or well' ' ' to the properly or imp ~
vicinity and zone in which the property is located in that, in addition to property line
setbacks, the subject residence is separated from the adjacent residence to the
west by a ten-foot setback on the other side of the property line.
Granting of this Variance does not constitute a special pdvileg I with the
~)on other properties in the vicinity and zone in that other residential lots
within the Green Valley community have been developed with resid
size to the subject dwelling. The subject lot is the last remaining building lot in the
13400 block of Stone Canyon Road.
Granting of this Variance does not allow a use or activity which is not otherwise
expressly authorized by zoning development regulations governing the parcel or
property in that a single family home is permitted within the Rural Residential C
zone.
Fo
The project, as approved, ' I with the General Plan in that it involves the
construction of single family resid ~ich is designated for residential
use and the V I not be permitting development that' l or out
of ch lh other residences within the neighborhood.
The findings, in accordance with Section 17.52.040 of the Poway Municipal
Code for MDRA 00-105 to construct a 3,192 square foot, two story resid vacant
0.55 acre property located at 13411 Stone Canyon Road, are made as follows:
The approved project' I with the General Plan in that single family homes
are permitted in the Rural Residential zone, and all pi :1 with the project
l except for the required side yard setbacks.
That the approved project will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties in that the design of the new
home is in keeping with the architectural style and scale of surrounding homes in
the area.
Pursuant to G : Code Section 66020 for the public imp
for Minor Development Review 00-105 are made as follows:
The design and imp :the proposed development l with all
elements of the Poway General Plan, as well as City Ordinances, because all
Resolution No. P-00-83
Page 3
necessary services and facilities will be available to serve this project. The
construction of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
The project requires payment of water, traffic mitigation, park, drainage, and
affordable housing in lieu fees which are assessed on a pro-rata basis to
finance and provide publ ' ' ~ lich p
and healthy :for the residents of the City, and provides funds to
allow the of the City's fair share of affordable housing for the
region.
Access to site will be provided in accordance with City standards and to
insure adeq .~ency access.
Section 5: The City Council hereby approves Variance 00-17 and MDRA 00-105 to
construct a 3,192 square foot, two story residence which observes side yard setbacks of
10 feet : property located at 13411 Stone Canyon Road, as shown on the plot
plan date stamped September 21,2000, and on file in the Planning Division, subject to the
following conditions:
Within 30 days of approval, the applicants shall submit in writing that all conditions
of approval have been read and understood.
Approval of this V quest shall apply only to the subject project and shall
not waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinances that are in effect at the time building I: :1.
C. Compliance with the following is required during grading of the site:
A drainage system capable of handling and disposing all surface water
originating within the project, and all surface waters that may flow onto the
project from adjacent lands, shall be required. Said drainage system shall
include any and structures as required by the Director of
Development Services to properly handle the drainage.
Proposed and existing
utility lines and appurl
gas, electric, telephone and other public
3all be shown on the improvement plans.
Applicant shall fully improve Stone Canyon Road fronting the property in
accordance with the Poway Municipal Code or pay an in lieu fee of $7,806.
Necessary right-of-way dedication shall be made. Improvement plans shall
b :1 and approved by the Engineering Division.
Resolution No, P - 00-83
Page 4
The appropriate Building Division approvals shall be received prior to initiation of
construction. Prior t f a building permit, the following is required:
Revised site plans and building incorporating all conditions of
approval shall be submitted to the Development Services Department.
The building plans shall be consistent with the approved project plans. In
addition, the garage shall be set 5 feet lower than existing grade and the
overall height shall not exceed 23 feet.
3. The plans shall show all new and existing utilities placed underground.
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.
5. Payment of the Affordable Housing In Lieu Fee in the amount of $4,500.
Provide proof to the Planning Division of payment of school fees to the
Poway Unified School District.
Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the req : the City of Poway. The applicant
shall verify, to th' ' = the City Engineer, that the project will not
:lucl' pressure below City standards and req
8. Th
height of any f
I shall not exceed 6 feet.
Rough grading of the lot is to be completed and meet the approval of the City
inspector and shall include submittal of the following:
ao
A certification of line and grade for the lot, prepared by the engineer
of work.
A final soils compaction report for the lot for review and approval by
the City.
10.
The following development fees shall be paid. These
effect and are subject to change without notice:
Resolution No. P - 00-83
Page 5
Traffic Mitigation =
Park =
Drainage =
Water Meter (3/4" size) =
County Water Authority =
Water Base Capacity =
Sewer C =
Sewer Cleanout =
Sewer Inspection =
Street Improvement In Lieu=
99O
2,720
950
130
(an additional $140 is needed if a
residential fire sprinkler is required).
1,871
3,710
3,356
5O
25
7,806*
*Payable only if developer chooses not to fully improve Stone Canyon Road
fronting the property in accordance with standards.
11.
A conceptual landscaping and irrigation plan shall be submitted to the
Planning Division for review and approval. The plans shall address the
revegetation of :1 and existing slopes on the property.
Compliance with the following conditions is required during
The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the condir :1
herein. Grading of lots shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the approved
soils report, and grading p 3table to the City.
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer from October 15 to April 15. The
developer shall I devices throughout their intended
life.
Proposed and existing electrical~r
project shall be installed underground.
~ion/CATV utilities within the
Prior to start of any work within City-held '3hts-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.
D, Compliance with the following conditions is required prior to occupancy:
-- Resolution No. P- 00-83
Page 6
All
irrigated.
:1 slopes greater than a 5:1 slope shall be planted and
Low volume plumbing fixtures and Iow water usage irrigation shall be
installed within th '~lence and its surrounding landscaping.
Driveways, drainage facilities, slope landscaping and protection
utilities, water and sewer mains, and ail roadway imp shall be
:1, completed, and inspected by the Engineering Inspector·
Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request for occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be submitted
to allow the City adequate time 1' :1 approval prior to
= occupancy and release of grading securities.
Driveways shall be constructed in compliance with the specifications
provided in Section 17.08.17D of the Poway Municipal Code.
The following iml;
of Safety Services:
lall b *1 to the sar ' I the Director
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 #64.
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. The address
will be required at all private driveway entrances.
Each chimney used in conjunction with any fireplace shall b
a spark arrester.
J with
Every building hereafl ~ shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surfaces of
not less than 16 feet of unobstructed width with an adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus and having
· ' : 13 feet, 6 inches of vertical The road surface type
shall be approved by the City Engineer pursuant to the City of Poway
Municipal Code.
-- Resolution No. P - 00-83
Page 7
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).
This dwelling is being built on a parcel size of 0.55 acres and is beyond 350
feet maximum from the nearest fire hydrant. The dwelling will have to have
standby water for flrefighting and a residential sprinkler system. Contact the
Fire Prevention Bureau for details (fire hydrant as noted).
Variance 00-17 and Minor Development Review 00-105 expire on October
10, 2002, at 5:00 p.m., unless a building permit has been issued and in
this approval h :1 prior to this date.
Pursuant to G I Code Section 66020, the 90-day approval period
in which the applicant may file a protest of the imposition of any fees, dedications,
or exactions imposed pursuant to this approval shall begin on October 10,
2000.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a reg ~ this 10th day of October 2000.
Michael P. Cafa~
ATTEST:
Lor~ Anne Peoples, City Olerk
-- Resolution No. P - 00-83
Page 8
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- 00-83 was duly adopted by the City
Council at the meeting of said City Council held on the 10th day of October 2000, and that
it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, GOLDBY, HIGGINSON, REX~OBD, CAFAGNA
Peoples, City Cler
City of Poway