Res P-01-20RESOLUTION NO. P- 01-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 00-13 AND MODIFICATION TO
MINOR DEVELOPMENT REVIEW PERMIT 99-85
ASSESSOR'S PARCEL NUMBER 321-210-41
WHEREAS, Variance 00-13 and Modification to Minor Development Review Permit
99-85, submitted by Henry and Cynthia Painter, applicant, requests a Variance to allow a
reduced front yard setback for an existing residence and detached garage at 14242
Golden Sunset Lane within the Rural Residential C Zone; and
WHEREAS, on May 8, 2001, the City Council held a duly advertised public hearing
to solicit from the public, both pro and con, relative to this application, and
NOW, THEREFORE, the City Council does hereby
follows:
Section i: The City Council finds that Variance 00-13 and modification to Minor
Development Review Permit 99-85 ara Categorically Exempt from the California
E Quality Act, pursuant to Section 15305(a) of CEQ^, Class 5, in that the front
yard setback reduction for the house and garage is a minor alteration to land use
limitations which does not' y changes in land use or density, and is located on a
property with an average slope of less than 20%.
Section 2: The finding Jance with Section 17.50.070 of the Poway Municipal
Code to approve Variance 00-13, to reduce the front yard setback from 40 feet to 30 feet
for the residence and from 40 feet to 9 feet for the detached garage 14242 Golden Sunset
Lane, in the Rural Residential C ~own on the site plan dated January 31,2001
ara made as follows:
There are special 3plicable to the site, which restricts siting a typical
single-family residence and garage in that the site is severaly restricted by a rock
outcropping and slope in th :the property. The garage I :tjusted
to avoid the hillside and to provide adequate driveway access from the roadway.
Granting the Variance is necessary for the praservation and enjoyment of a single-
family rasidential use. The design of the residence and garage will not create any
significant visual impacts. The residence and garage are of a Craftsman design with
height and t with the single-family rasidence. Therefora, the design and
size will be compatible with and will not adversely affect, or be materially detrimental to
adjacent uses, residents, buildings, structures, or natural
C. The location of the rasidence and garage will not create a hazard for surrounding
properties since the residence is located 50 feet from edge of pavement and the garage
Resolution No. P- 01-Z0
Page 2
is located 39 feet from edge of pavement. Access to the garage is provided by a
driveway that licles backing out onto the street. Therefore, the proposed
location and access of the garage are in accordance with the title and purpose of
Section 17.48.070 of the Poway Municipal Code, the purpose of th ~ich the
site is located, the City General Plan, and the development policies and standards of
the City.
Granting the V d not be materially detrimental to the public health, safety, or
welfare since the residence and garage is consistent in scale, bulk, coverage and
density of surrounding properties.
Granting the V
properties in th
detached garages.
Id not constitute a special privilege ' I with other
:her properties are permitted single-family residences and
Granting the Variance would not constitute a use or activity that is ~h
surrounding properties since the use of a single family residence and detached two-car
garag l with the General Plan land use and otb the vicinity and
Therefore, there will not be a harmful effect upon desirable neighborhood
characteristics.
The project will not increase traffic since it is a component of the existing use.
Therefore, the g I traffic will not adversely impact the capacity and physical
character of surrounding :l/or the Circulation Element of the General Plan.
The project proposes to maintain a significant rock outcropping consistent with the
goals and objectives of the City's General Plan. Therefore, there will not be significant
impacts on up Iai
The proposed Iowable use in the Rural Residential C zone. Therefore, the
impacts as described above and the conditions under which it would be operated or
maintained will not be detrimental to the public health, safety or welfare, ly
injurious to properties or imp in the vicinity nor be contrary to the adopted
General Plan; and
J. That the proposed Variance will comply with each of the applicable provisions of
Section 17.50.070 of the Poway Municipal Code.
Section 3: The findings in accordance with Section 17.52 of the Poway Municipal Code
for a modification to Minor Development Review Permit 99-85 to change the location of a
single-family residence and garage as shown on the site plan dated January 31,2001, are
made as follows:
Resolution No. P-01-20
Page 3
A=
The relocation of the garage and house respects the interdependence of land
values and aesthetics to the benefit of the City in that a significant topographic
feature is preserved onsite.
The project does not conflict with the ordedy and h appearance of
st :1 property within the City along with associated facilities, in that there
is adequate separation between the st :1 the edge of pavement for the
private road easement and the location.
There are public facilities, services and utilities available and the location of the
garage and house do not detract from th ;the public health, safety
and general welfare, and property throughout the City.
D=
The location of the garage and house respects the public concerns for the
aesthetics of developments as adequate separation between the edge of the
pavement and th is :1 to create an aU ~)e.
The project is in character with existing development in the area and will not
negatively affect adjacent property owners. Therefore, the proposal does not have
an aC :hetic, health, safety or architecturally related impact upon existing
adjoining properties, or the City in general.
The proposed development will comply with all other provisions of the Zoning
Ord' ~ the General Plan.
Section 4: The City Council hereby approves Variance 00-13 and modification to MDRA
99-85 to reduce the front yard setback from 40 feet to 30 feet for the residence and from 40
feet to 9 feet for the detached garage at 14242 Golden Sunset Lane in the Rural
Residential C (RR-C), as shown on the site plan dated January 31,2001, subject to the
following conditions:
Approval of this V :1 modification to a Minor Development Review Permit
shall apply only to the subject project and shall not waive compliance with all
I the Zoning Ord' :1 all other applicable City ord' ~:ect
at the time of building permit issuance.
Within 30 days of the date of this approval applicant shall submit in writing that all
conditions of approval have been read and understood;
The use of the property pursuant to this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential uses.
Resolution No. P-01-20
Page 4
The conditions of Minor C Review Permit 99-85 dated September 15,
1999 shall rfect, except that in lieu of dedicating a 10-foot wid
along the property frontage on Golden Sunset Lane, the applicant shall provide an
offer of dedication for said trail easement to the satisfaction of the Director of
Development Services.
The conditions of this Variance 00-13 and modification to Minor Development
Review Permit shall remain in effect for the life of the subject residential property
and shall run with the land and be binding upon fu! heirs,
and I ~ the current property owner.
The applicant shall execute a deed restriction that indicates any future expansion of
the garage along the 3 front yard setback. The form and content of
the deed 3all be to thi the City Attorney and the Director
of Development Services.
State
ATTEST:
PASSED, ADOPTED and APPROVED by the City Counc~ of the City of Poway,
of California, this 8th day of May 2001.
Micha~
Anne Peoples, City CleYk
Resolution No. P-01-20
Page 5
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-01-20 , was duly adopted by the
City Council at a meeting of said City Council held on the 8th day of May 2001, and that it
was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
L~o ~ ~A n'n e~Feo pies, C i?~Cle~/
City of Poway