Res P-03-68 RESOLUTION NO. P-03-68
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 03-11 AND
MINOR DEVELOPMENT REVIEW APPLICATION 03-76
ASSESSOR'S PARCEL NUMBER 314-682-20
WHEREAS, Variance 03-11 and Minor Development Review Application 03-76,
submitted by Jori and Lynn Ringard, Applicant, requests approval of a Variance to allow
a portion of a 1,985-square-foot addition to an existing single-family residence to
observe a 10',~-foot side yard setback where a 20-foot setback is required. The subject
property is located in the Rural Residential-C (RR-C) zone at 14934 La Manda Drive;
and
WHEREAS, on October 28, 2003, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway, as follows:
Section 1: The proposed project is Categorically Exempt as a Class 5 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on a developed single-family property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 03-11 and Minor Development Review Application 03-76 to
allow a maximum 10¼-foot side yard setback rather than the required 20-foot setback
for a phased 1,985-square-foot addition to an existing single-family residence located at
14934 La Manda Drive in the Rural Residential-(RR-C) zone, as shown on the site plan
dated September 9, 2003, are made as follows:
A. That there are special circumstances applicable to the property and because of
this the strict application of the Zoning Code deprives the property of privileges
enjoyed by other properties in the vicinity with the identical zoning classification.
The special circumstances include the fact the subject lot is unusually shaped, a
large rear slope and the layout of the existing house limits locations for adding
onto living area; 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 not afforded to the property for which the Variance is sought because the
addition will follow the existing line of the house; and,
Resolution No. P-03-68
Page 2
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed addition will be constructed
and painted to match the existing house; 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 other
nearby lots in the RR-C zone encroach into the required 20-foot side-yard
setback; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C zone because single-family homes are a permitted use
and this is an addition to a single-family home; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 3: The City Council hereby approves Variance 03-11 and Minor Development
Review Application 03-76, to allow a portion of the 1,985-square-foot addition to an
existing single-family residence located at 14934 La Manda Drive in the RR-C zone to
observe a 10%-foot side yard setback rather than the required 20-foot setback (as
reflected on site and floor plans dated September 9, 2003, and elevations dated July 28,
2003), subject to the following conditions:
A. Approval of this Variance shall apply only to the subject project and shall not
waive compliance with all sections of the Zoning Code and all other applicable
City Ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. Prior to the issuance of a Grading Permit:
1. If grading is to exceed 50 cubic yards of earthwork, or if the cut is greater
than two feet in vertical depth and creates a cut slope steeper than 2:1
(two horizontal to one vertical) and the fill is more than one foot in vertical
depth then the applicant shall apply for a Grading Permit and submit a
grading plan for review and approval to the City Development Services
Department. If the above conditions do not apply, then the applicant shall
provide certification from a State Registered Civil Engineer or Licensed
Architect indicating the quantity of earthwork involved and pay a $500
inspection fee prior to Building Permit issuance.
2. If grading is required, a grading plan for the development of the lot
prepared on a City of Poway standard mylar at a scale of 1" = 20', shall be
Resolution No. P-03-68
Page 3
submitted along with a Grading Permit application and applicable fees to
the Development Services Department~Engineering Division for review
and approval. A grading plan submittal checklist is available at the
engineering division front counter.
3. As a minimum, the grading plan shall show the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space areas and property lines.
Buildings shall be located at least five feet from tops and toes of
slopes, unless waived by the Planning Division and/or Engineering
Division prior to issuance of a Grading Permit.
b. Driveways, in compliance with the specifications provided in
Section 17.08.170D of the Poway Municipal Code, and including
minimum structural sections together with their elevations and
grades.
c. A separate erosion control plan for prevention of sediment run-off
during construction.
d. All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved Encroachment
Agreement/Permit.
e. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work.
4. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
5. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Concentrated flows across driveways are not permitted.
6. If a Grading Permit is required, the applicant shall pay all applicable
engineering, plan checking, permit, and inspection fees.
Resolution No. P-03-68
Page 4
7. If a Grading Permit is required, grading securities in the form of a
performance bond and a cash deposit, or a letter of credit shall be posted
with the City prior to grading plan approval. A minimum of $2,000 cash
security deposit is required.
D. Prior to the issuance of a Building Permit:
1. The applicant shall comply with the Uniform Building Code and shall
obtain a Building Permit consistent with the approved Variance site and
floor plans, dated September 9, 2003, and elevations dated July 28, 2003,
and conditions of approval on file in the Development Services
Department and the conditions contained herein. Grading of lots shall be
in accordance with the Uniform Building Code, the City Grading
Ordinance, the approved grading plan, the approved soils report, and
grading practices acceptable to the City.
2. A $2,000 erosion control cash security shall be posted with the City.
3. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an onsite desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all fiat areas with an approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all at areas prior to discharge, effectively creating a desiltation
basin from the pad.
4. Erosion control, including, but not limited to, desiltation basins shall be
installed and maintained by the developer throughout the duration of the
project. The developer shall maintain all erosion control devices
throughout their intended life.
5. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
Resolution No. P-03-68
Page 5
provided to the Engineering inspector stating that all protected areas are
staked in accordance with the approved project plans.
6. If a Grading Permit is required, rough grading of the lot is to be completed
and meet the approval of the City Inspector and shall include submittal of
the following:
a. A certification of line and grade for the lot, prepared by the engineer
of work.
b. A final soil compaction report for review and approval by the City.
7. Prior to start of any work within City-held easements or right-of-way, a
Right-of Way Permit shall be obtained from the Engineering Division of the
prior to permit issuance.
8. The following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance. These fees are currently in
effect and are subject to change.
Water: Meter Size Cost *Expansion Fee **SDCWA Fee
l-inch* $140 $2,968 $1,202
* If a 1" meter is required only for fire safety/sprinklers, then the
difference in fees for 1" and %" fees (as calculated above) will be
applicable.
** To be paid by separate check, payable to San Diego County Water
Authority.
Sewer None (existing residence)
Traffic Mitigation None (existing residence)
Park None (existing residence)
Drainage None (existing residence)
9. All living quarters shall be equipped with Iow-flow plumbing fixtures.
10. The applicant shall depict the exterior building materials for the garage
expansion and roof consistent in color, type, and texture with the exterior
material on the existing residence and garage, to the satisfaction of the
Director of Development Services.
Resolution No. P~ 03-68
Page 6
11. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway School District for
additional information at (858) 748-0010, ext. 2089.
E. Prior to issuance of Certificate of Occupancy:
1. Driveway, sidewalk, drainage facilities, slope landscaping and protection
measures, and utilities, shall be constructed, completed, and inspected by
the Engineering Inspector.
2. An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
3. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City
Engineer.
4. If a Grading Permit is required, record drawings, signed by the engineer of
work, shall be submitted to Development Services prior to a request of
occupancy, per section 16.52.130B of the Grading Ordinance. Record
drawings shall be submitted in a manner to allow the City adequate time
for review and approval prior to issuance of occupancy and release of
grading securities.
F. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per nBC Section 1503 and 1504,
nBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
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. Said numbers shall contrast
with their background. Address shall be required at private driveway
entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. The access roadway shall be extended to within 150 feet of all portions of
the exterior walls of the first story of any building. Where the access
Resolution No. P- 03-68
Page 7
roadway cannot be provided, approved fire protection system(s) shall be
provided as required and approved by the Section Chief.
5. In lieu of retrofitting the entire house with a residential fire sprinkler
system, smoke detectors shall be installed in all bedrooms and adjoining
hallways, both in the existing and new portions of the house. The smoke
detectors shall be hard wired with a battery back up and shall be wired in
such a manner that if one detector activates, all detectors activate.
Section 4: The approval of Variance 03-11 and Minor Development Review Application
03-76 shall expire on October 28, 2005, unless the applicant and/or property owner
applies for and obtains approval of a Building Permit.
APPROVED by the City Council of the City.~f Poway,
PASSED,
ADOPTED
AND
State of California, this 28th day of October 2003....~ ~__ /
Michael P. Cafagn~ ,'.IMI~
ATTEST:
L~ri .~nne PeOples, City Clerk ~
Resolution No. P- 03-68
Page 8
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- 03-68 duly adopted by the
City Council at a meeting of said City Council held on the 28th day of October 2003, and
that it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: 60LDBY ~.~~~~
Lori ,~nne Peoples, City Cler~
City of Poway