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
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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
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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.
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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
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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
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City of Poway