Res P-16-03RESOLUTION NO. P -16 -03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 15 -006
ASSESSOR'S PARCEL NUMBER 275 - 630 -26
WHEREAS, Variance (VAR) 15 -006, submitted by Michael Smee, Applicant
requests approval to allow a proposed 748 - square -foot attached addition to an existing
single - family home located at 13044 Avenida La Valencia, within the Rural Residential
C (RR -C) zone, to observe a 28 -foot front yard setback where 40 feet is required; and
WHEREAS, on February 2, 2016 the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application; and
WHEREAS, the Poway Municipal Code (PMC) establishes findings required for
granting a Variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as Classes 1 and 5 Categorical Exemptions, Sections 15301(e)
and 15305(a) of the CEQA Guidelines, in that the project involves the construction of an
addition to a single - family dwelling on an existing legal parcel located in a residential
zone and the front yard setback variance will not result in changes in land use or
density.
Section 2-.. The findings, in accordance with Section 17.50.050 of the PMC, to
approve Variance 15 -006, are made as follows:
A. That there are special circumstances applicable, in that the subject lot is
substandard in size (0.52 acres compared to the standard one -acre minimum lot
size of the RR -C zone), the lot is irregularly shaped and does not meet the
required lot width for the zone. Because of this, the strict application of the
development regulations deprives the property of privileges (i.e., constructing an
addition to an existing home) enjoyed by other properties in the vicinity with the
identical zoning classification; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and denied to the property for which the Variance is sought in that residential
additions are common in the neighborhood. The location and orientation of the
existing home on the property and the floor plan of the existing residence affords
a logical addition to the house as proposed; and
Resolution No. P -16 -03
Page 2
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity and zone in which the property is located in that
the approximately 50 -foot setback from the paved street and existing landscaping
between the street and home will soften the visual effect of the proposed
addition; and
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone in that this
Variance involves the construction of a residential addition that is similar to other
residences in the vicinity, some of which also encroach into the front yard
setback; and
E. The granting of this Variance does not allow a use or activity which is not
otherwise expressly authorized by the zoning development regulation governing
the parcel of property in that single - family homes are allowed in the RR -C zone;
and
F. That granting the Variance or its modification will not be incompatible with the
City's General Plan in that the proposed expanded residence would be
compatible with other residential development in the vicinity and complies with all
other requirements of the zone.
Section 3: The City Council hereby approves VAR 15 -006, as shown on the
approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this Variance shall apply only to the subject project and shall not
waive compliance with all other sections of the Zoning Ordinance and
all other applicable City ordinances in effect at the time of Building Permit
issuance.
Resolution No. P -16 -03
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C. 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.
D. The conditions of Variance 15 -006 shall remain in effect for the life of the subject
structure, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. The applicant shall obtain a Building Permit prior to construction. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
(Planning)
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
2. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
3. The applicant shall contact the Poway Unified School District
[(858) 679 -2570] to verify if school impact fees are required. If required,
the fees shall be paid at the rate established at the time of Building Permit
issuance.
4. The site plan shall identify the square- footage of proposed new and
modified landscape areas. If the newly created or modified landscape
area is equal to or is greater than 1,000 square feet as a result of this
project, a landscape and irrigation plan for any disturbed areas shall be
submitted for review and approval to demonstrate compliance with
Chapter 17.41 PMC, Landscape Efficiency Standards to the satisfaction of
the Director of Development Services. The plans shall be in compliance
with the City of Poway Landscape and Irrigation Design Manual, and all
other applicable standards in effect at the time of landscape and irrigation
plan check submittal. Landscape and irrigation plan review fees are
required and are the responsibility of the applicant.
(Engineering)
5. All spoil materials from footings and foundations shall be legally disposed
of off -site or if the material is to remain onsite, the material shall be placed
per the requirements of the City grading ordinance.
6. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan and be appropriately sized for the proposed level
of development.
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7. A minimum cash security of $2,000 for erosion control is required.
8. The applicant shall attend a pre- construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer.
The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control will
be discussed. Compliance for sediment control shall be provided as
directed by the project inspector.
9. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$1,318.
10. Erosion control shall be installed and maintained by the developer from
October 1 to April 30. The developer shall maintain all erosion control
devices throughout their intended life.
F. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
1. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
contact the Division of Fire Prevention at (858) 668 -4470 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. Approved numbers or addresses measuring 4 to 6 inches in height shall
be placed on the building in such a position as to be plainly visible and
legible from the street fronting the property. Numbers shall contrast with
their background.
3. The building shall be accessible to Fire Department apparatus by way of
access roadways with an all- weather driving surface of not less than 16
feet of unobstructed width, with a roadway interior turning radius of not
less than 28 feet capable of supporting the imposed loads (75,000
pounds) of fire apparatus with a minimum of 13 feet 6 inches of vertical
clearance. The Fire Chief, pursuant to the Poway Municipal Code, shall
approve the road surface type.
4. Roof covering on all buildings shall comply with Section 15.04.050 of the
PMC, and City of Poway Ordinance No. 64 and its amended Ordinance
No. 526. And shall not be less than a Class "A" roof assembly.
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5. Smoke detectors shall be installed in all bedrooms and adjoining hallways
of existing residence and addition. The smoke detectors shall be hard-
wired, with a battery backup, and shall be wired in such a manner that if
one detector activates, all detectors activate.
6. Carbon monoxide detectors shall be installed in hallways adjoining
bedrooms of existing residence and addition. The carbon monoxide
detectors shall be hard - wired, with a battery backup, and shall be wired in
such a manner that if one detector activates, all detectors activate.
G. Prior to issuance of the Certificate of Occupancy:
1. The site shall be developed and the building elevations shall be
constructed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein.
A final inspection from appropriate City departments will be required.
2. Landscaping shall be installed per the approved landscape plan if a plan
was required.
(Engineering)
3. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
4. The drainage facilities, slope planting measures, and all utility services
shall be installed, and completed by the property owner, and inspected by
the Engineering Inspector for approval.
5. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
6. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to public improvements caused by construction activity from
this project.
Section 4: The approval of VAR 15 -006 shall expire on February 2, 2018, at 5:00
p.m. unless, prior to that time, a Building Permit has been issued and construction on
the property in reliance on the VAR approval has commenced prior to its expiration.
Section 5: The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
Resolution No. P -16 -03
Page 6
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 2nd day of February, 2016.
Steve Vaus, Mayor
ATTEST:
Linda Hascup, CMC, Inte im City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda Hascup, CMC, Interim City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -16 -03 was duly adopted by
the City Council at a meeting of said City Council held on the 2nd day of February 2016,
and that it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Linda Hascup, CMC, Inibrim City Clerk