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Res P-16-14 RESOLUTION NO. P-16-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING VARIANCE 15-005 ASSESSOR'S PARCEL NUMBER 321-173-04 WHEREAS, Variance (VAR) 15-005, submitted by the Kernodle-Ketaily Trust, dated April 26, 2004, Owner requests approval to allow a proposed 265-square-foot addition to an existing residence located at 13829 Terrilee Drive, within the Rural Residential C (RR-C) zone, to observe a nine-foot side yard setback where 20 feet is required; and WHEREAS on June 21, 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 Poway Municipal Code (PMC), to approve Variance 15-005, are made as follows: A. That there are special circumstances 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. One of the special circumstances is that the 0.68-acre subject lot is less than the minimum one-acre lot size required in the RR-C zone. Therefore the setbacks required are more difficult to achieve. Another special circumstance is that site design options are limited because existing septic improvements along the rear of the residence restrict where the proposed addition can be sited and allow a logical floor plan design; 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 zone, and denied to the property for which the Variance is sought, in that Resolution No. P-16-14 Page 2 residential additions are allowed in the neighborhood and the location and orientation of the existing home on the property and the floor plan of the existing residence allows a logical addition to the house as proposed; and C. Granting the Variance would not be materially detrimental to the public health, safety or welfare of the community in that other homes within the same block observe side yard setbacks that are less than 20-feet because they were constructed prior to City incorporation and prior to the current 20-foot side setback standard. Additionally, an approximate 10-foot grade difference exists between the building pad on the subject lot and the adjacent residential lot to the north which is adjacent to the proposed addition. The difference in the pad elevations will result in adequate physical separation between the proposed addition and the neighboring residential property; 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 an addition to a single-family residence in a neighborhood where some of the other residences observe side yard setbacks that are less than the 20-foot standard; and E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zoning development regulations governing the property in that additions to a single family home are allowed and have occurred in the neighborhood; and F. Granting the Variance will be compatible with the Poway General Plan because the use is permitted and the Variance does not result in a density increase, and the addition will 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 15-005 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 Resolution No. P-16-14 Page 3 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. 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 15-005 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. Prior to Building Permit issuance 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. A building materials color board for the building exterior shall be submitted for review and approval. The building plan shall call out the approved building color and materials. 4. The maximum height of any fence, free standing wall or retaining wall shall not exceed six feet. Any proposed walls shall be decorative block or stucco finish consistent with the exterior of the proposed residence. A general note shall be added to the construction plans identifying the requirement. (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. 7. A minimum cash security of $2,000 for erosion control is required. Resolution No. P-16-14 Page 4 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 $527. 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 following requirements shall be addressed to the satisfaction of the Safety Services Department: 1. The applicant is required to meet all applicable Poway Municipal Code and California State Fire and Building Codes for this project. The applicant is encouraged to contact the Division of Fire Prevention at (858) 668-4473 to set up a meeting prior to submitting building plans in order to review project requirements. 2. This parcel is located within the very high fire hazard area of the City and is new construction; therefore, California Building Code Chapter 7A and Poway Municipal Code 15.05 will apply will apply. 3. Roof covering on existing residence, addition and guest house shall be fire retardant as per Section 15.04.050 of the Poway Municipal Code, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 4. The addition shall be constructed to meet Ignition Resistant, Class 1 construction. Eave construction is permitted to match existing construction. 5. Every 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. 6. 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 Resolution No. P-16-14 Page 5 background. 7. Smoke detectors shall be installed in all bedrooms and adjoining hallways. The 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. 8. Carbon monoxide detectors shall be installed in hallways adjoining bedrooms. The 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. 9. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester. G. Prior to occupancy, or as otherwise noted, the following shall be complied with: 1. 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. (Engineering) 2. 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. 3. 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. 4. 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. 5. 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 15-005 shall expire on June 21, 2018, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property 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-16-14 Page 6 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 21st day of June, 2016. Steve Vaus, Mayor ATTEST: Nancy e fel•, CMC, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, CMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P-16-14 was duly adopted by the City Council at a meeting of said City Council held on the 21st day of June 2016, and that it was so adopted by the following vote: AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM NOES: NONE ABSENT: VAUS DISQUALIFIED: NONE / ;. Nancy •N� CMC, City Clerk � Y City of Poway