Res P-16-24RESOLUTION NO. P -16 -24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 14 -008
ASSESSOR'S PARCEL NUMBER 275 - 530 -17
WHEREAS, Variance (VAR) 14 -008, submitted by the Tartre Family Trust 08 -02-
90 requests approval to allow a proposed 350 - square -foot garage addition and 740 -
square -foot, second story residential addition to an existing residence located at 12941
Avenida La Valencia within the Rural Residential C (RR -C) zone, to observe a 32 -foot
front yard setback where 40 -feet is required; and
WHEREAS on September 6, 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)(1)
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 14 -008 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. The special circumstances are that the subject property is
adjacent to the Avenida La Valencia right of way (84 -foot width), which is wider
than would typically be required for a local collector road (60 -foot width), so there
is excess area between the structure and the street; another special
circumstance that exists and supports approval of a setback Variance is that the
100 year floodplain constrains where and how development can occur on the
property; 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
Resolution No. P -16 -24
Page 2
and denied to the property for which the Variance is sought in that residential
additions are common in the neighborhood. Existing improvements and
floodplain behind the home limit where additions could occur on the property.
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
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 54 -foot setback from the paved street and the difference in
grade between the street level and the building pad will minimize the visual effect
of the proposed two -story 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
residential development 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 14 -008 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
Resolution No. P -16 -24
Page 3
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 14 -008 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. 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. 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.
5. The maximum height of any fence or 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.
6. The approximate 740 - square foot, proposed second story habitable area
shall never be rented or leased as a separate unit and no cooking facilities
(cook top or stove) shall ever be installed. A deed restriction stating these
limitations shall be recorded with the County Recorder. In the event that a
Building Permit for the addition is never obtained or regulations are
changed that would allow the subject space to be converted to a separate
unit, at the request of the owner the City will expunge the deed restriction
from the record title of the property. At which time this condition would no
Resolution No. P -16 -24
Page 4
longer apply; however compliance with the established regulations and
payment of applicable development related fees would apply.
7. 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 500 - 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)
8. 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.
9. 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.
10. A minimum cash security of $2,000 for erosion control is required.
11. 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.
12. 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.
13. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$527.
14. 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.
15. The proposed structure is located within a regulated floodplain. A
Floodplain Development Permit shall be approved and issued prior to
Resolution No. P -16 -24
Page 5
building permit issuance. All applicable fees shall be paid prior to
floodplain permit issuance. In the event that FEMA removes the structure
from the regulated floodplain prior to issuance of the building permit, this
condition will no longer apply.
F. 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.
2. Landscaping shall be installed per the approved landscape plan if a plan
was required.
(Engineering)
3. All requirements of the floodplain development permit shall be satisfied.
4. 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.
5. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility
services shall be placed underground.
6. 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.
7. 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 14 -008 shall expire on September 6, 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 -24
Page 6
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 6th day of September 2016.
Steve Vaus, Mayor
ATTEST:
Nan6y tKufel4, C C, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P -16 -24 was duly adopted by the City
Council at a meeting of said City Council held on the 6th day of September 2016, and
that it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nancy eu Id, CMC, City Clerk
City of Poway