Res P-17-20 RESOLUTION NO. P-17-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING VARIANCE 14-002
AND MINOR DEVELOPMENT REVIEW 14-009
ASSESSOR'S PARCEL NUMBER (APN) 314-182-91
WHEREAS, Variance (VAR) 14-002 and Minor Development Review Application
(MDRA) 14-009 were submitted by Zhou Rui He, Chao Yin He, and Su Qiong, Applicants;
requesting approval to construct a 2,665-square-foot single-family residence with an
attached two-car garage on a vacant lot known as APN 314-182-91 located in the 14200
block of York Avenue within both the Residential Single-Family 4 (RS-4) and Rural
Residential C (RR-C) zones. A variance is requested to allow the residence to observe
5-foot side yard setbacks where 10-feet and 20-feet are required by the RS-4 and RR-C
zones, respectively;
WHEREAS, on October 17, 2017, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application; and
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 3 and 5 Categorical Exemptions, Sections
15303(a) and 15305(a) of the CEQA Guidelines, in that the project involves the
construction of single family residence on an existing legal parcel located in a residential
zone, and the side 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 14-002 to allow the house to observe 5-foot
side yard setbacks, when a 10-foot and 20-foot setback is required in the RS-4 and RR-
C zones, respectively 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 include the fact that the width of the
subject property is sub-standard, being only 49-feet, when 70-feet and 110-feet is
required in the RS-4 and RR-C zones, respectively; and the size of the subject
property is 8,993-square-feet, which is less than the minimum lot size required in
both the RS-4 zone (10,000-square-feet) and RR-C zone (1-acre for this location).
Therefore, the required side yard setbacks are difficult to achieve.
•
Resolution No. P-17-20
Page 2
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 other
homes in the neighborhood having similar zoning designations and developed
prior to City.incorporation in accordance with the standards in place at the time,
observe 5-foot side yard setbacks. Further a similar side yard setback Variance
request was approved in 1993 (VAR 93-10) for the development of the home on
the adjacent lot to the north.
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
other homes in the neighborhood that observe similar side yard setbacks were
developed prior to City incorporation and in accordance with the standard in place
at the time.
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 a residence
is permitted in the residential zone.
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the zoning development regulations governing the property.
F. Granting the Variance will be compatible with the Poway General Plan because a
residence is a permitted use and does not result in a density increase.
Section 3: The findings for MDRA 14-009, in accordance with Section
17.52.010 of the PMC, Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding
residential development, to minimize landform alteration, and conform to City
zoning, development and grading standards except for the side yard setbacks for
which a Variance can be supported. Therefore, the project respects and
recognizes the interdependence of land values and aesthetics to the benefit of the
City.
B. The project has been designed to minimize impacts on surrounding residential
development utilizing an architectural design that is compatible with surrounding
residences. Therefore, the proposed development respects the public concerns
for the aesthetics of development, and encourages the orderly and harmonious
appearance of structures and property within the City.
C. The granting of the MDRA would not be materially detrimental to the public health,
safety or welfare within the community since the proposed development will
complete improvements necessary for the new residence and garage.
Resolution No. P-17-20
Page 3
D. The project has been designed to be consistent with development in the
surrounding residential area by utilizing exterior building materials that are
compatible with nearby residential development. • Therefore, the proposed
development respects the public concerns for the aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health and safety, or
an architecturally-related impact upon adjoining properties, as the project has been
designed to be consistent with development in the surrounding residential area by
utilizing exterior building materials that are compatible with nearby residential
development.
F. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, and the project conforms to the provisions
of the Zoning Code, except for the side yard setbacks for which a Variance can be
supported.
Section 4: The City Council hereby approves VAR 14-002 and MDRA 14-009
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.
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 14-002 and MDRA 14-009 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.
Resolution No. P-17-20
Page 4
E. Prior to Grading Permit issuance:
(Engineering)
1. 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.
2. Submit a precise grading plan for the development prepared on a City of
Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the
City project engineer. Submittal shall be made to the Department of
Development Services Engineering Division for review and approval. The
grading design shall be 100 percent complete at the time of submittal, ready
for approval and issuance of permit. Incomplete submittals will not be
accepted. All materials as required by Chapter 16.48 of the PMC shall be
submitted. All existing and proposed easements within the project site shall
be shown on the grading plans.
3. A drainage study addressing the impacts of the 100-year storm event prepared
by a registered Civil Engineer is to be submitted and approved. The study
shall evaluate existing and proposed hydrologic and hydraulic conditions to
the satisfaction of the City project engineer.
4. Grading securities in the amount and form described in Chapter 16.46 of the
PMC shall be posted with the City prior to grading plan approval.
5. The applicant shall pay the storm water pollution inspection fee according to
the latest adopted master fee schedule.
6. Any existing and proposed public easements shall be depicted oh the grading
plans. Any proposed public easement dedications shall be submitted prior to
grading permit issuance.
7. Any private improvements within any publicly held easement or right-of-way
may require an encroachment agreement as determined necessary by the City
Engineer. All necessary encroachment agreements shall be approved and
executed prior to grading permit issuance.
8. Following approval of the grading plans, posting of securities and fees, and
receipt of five copies of the approved plans, 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.
9. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing or grading. As applicable, provide
two copies of a written certification, signed and sealed in accordance with the
Business and Professions Code, by the engineer of record stating that all
protected areas have been staked in accordance with the approved plans.
Resolution No. P-17-20
Page 5
(Planning)
10. Pursuant to the recommendations in the Archeological Resources Survey
Report, prepared by Legacy 106, Inc., dated July 6, 2015, for the subject
property, no significant cultural resources were identified on-site. However,
due to the culturally sensitive location of the property and the high potential for
• the existence of historical deposits within the parcel, cultural resource
monitoring by a qualified archaeologist shall be provided during ground
disturbing activities associated with the project (including, but not limited to,
proposed on-site excavation for driveway, building pad, utility trenching, or
construction of stormwater improvements). The purpose of the monitoring is
to ensure that if buried cultural materials are present, they will be handled in a
timely and proper manner.
a. Prior to issuance of a grading permit, the applicant shall provide written
verification that a certified archeological monitor has been retained to
implement the monitoring program. This verification shall be presented in
a letter from the project archeologist to the City of Poway — Planning
Division.
b. The certified archeologist shall attend the pre-construction meeting with
the contractors to explain and coordinate the requirements of the
monitoring program.
c. The archeological monitor shall be on-site as determined by the
consulting archeologist to perform periodic inspections of the
excavations. The frequency of inspections will depend upon the rate of
excavation, the materials excavated, and the abundance of artifacts and
features. Isolates and clearly non-significant deposits will be minimally
documented in the field so the monitored grading can proceed.
d. In the event that previously unidentified cultural resources are
discovered, the archeologist shall have the authority to divert or
temporarily halt ground disturbance operations in the area of discovery to
allow for the evaluation of potentially significant cultural resources. The
archeologist shall contact the City of Poway at the time of discovery. The
archeologist, in consultation with the City, shall determine the significance
of the discovered resources. The City must concur with the evaluation
before construction activities will be allowed to resume in the affected
area. For significant cultural resources, a Research Design and Data
Recovery Program to mitigate impacts shall be prepared by the
consulting archeologist and approved by the City before being carried out
using professional archeological methods.
e. Before construction activities are allowed to resume in the affected area,
the artifacts shall be recovered and features recorded using professional
archeological methods for an adequate artifact sample for analysis.
Resolution No. P-17-20
Page 6
f. All cultural material collected during the monitoring program shall be
processed and curated according to the current professional repository
standards. The collections and associated records shall be transferred,
including title, to an appropriate curation facility, to be accompanied by
payment of the fees necessary for permanent curation.
g. A report documenting the field and analysis results, and interpreting the
artifact and research data within the research context shall be completed
and submitted to the satisfaction of the City. The report shall include the
required archeological forms.
F. Prior to construction the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved site plans on file
in the Development Services Department and the conditions contained herein.
The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in effect
at the time of permit issuance.
(Engineering)
2. The site shall be developed in accordance with the approved grading plans on
file in the Development Services Department and the conditions contained
herein. Grading of the lot 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.
3. 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.
4. 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.
5. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector and
the project's geotechnical engineer. Following completion of rough grading,
please submit the following:
b. Three copies of certification of line and grade for the lot, prepared by the
engineer of work.
c. Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
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Resolution No. P-17-20
Page 7
6. Prior to start of any work within a City-held easement or right-of-way, a Right-
of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
7. The applicant shall pay all applicable development impact fees in effect at time
of permit issuance.
8. The proposed structure is located within a regulated floodplain. A Floodplain
Development Permit shall be approved and issued prior to building permit
issuance. All applicable fees shall be paid prior to floodplain permit issuance.
(Planning)
9. School impact fees shall be paid at the rate established at the time of Building
Permit issuance. Please contact the Poway Unified School District for
additional information.
10. An Affordable Housing In-Lieu Fee shall be paid at the established rate.
11. Exterior building materials and finishes shall reflect the approved elevations
on file with the City and these conditions of approval, and shall be noted on
the building plans to the satisfaction of the Director of Development Services.
12. Landscape and irrigation plans shall be submitted for review and approval.
The landscape and irrigation plans shall demonstrate compliance with the City
of Poway Landscape and Irrigation Design Manual, Chapters 17.07 and 17.41
PMC, and all other applicable standards in effect at the time of landscape and
irrigation plan check submittal. This includes but is not limited to the submittal
of an irrigation audit report, pursuant to Section 17.41.110 of the PMC, prior
to final inspections/issuance of a Certificate of Occupancy. The landscape
and irrigation plan submittal is a separate submittal from other project plan
check submittals, and is made directly to the Planning Division. Contact the
Planning Division for copies of applicable City standards, the landscape and
irrigation plan submittal checklist, and the plan review fee worksheet.
Landscape and irrigation plan review fees are required and are the
responsibility of the applicant.
All manufactured slopes greater than a 5:1 slope shall be landscaped and
irrigation shall be installed to the satisfaction of the Director of Development
Services and the Fire Marshal. Manufactured slopes•greater than 5:1 shall be
planted with a combination of ground cover, shrubs, and trees (with ratios and
sizes consistent with the guidelines), and shall be provided with an automatic
irrigation system operational at the time of final inspection. Additionally, any
disturbed, denuded areas within the required front yard setback area shall be
landscaped and irrigated to the satisfaction of the Director of Development
Services.
Resolution No. P-17-20
Page 8
G. The following requirements shall be completed 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) 668-4472 to set up a meeting prior to
submitting building plans in order to review project requirements.
2. The driveway shall provide a minimum unobstructed width of 16 feet and a
minimum unobstructed height of 13 feet 6 inches. Driveways in excess of 150
feet in length shall be provided with turnarounds for fire apparatus. Driveway
turnarounds shall have an inside turning radius of not less than 28 feet and an
outside turning radius of not less than 45 feet. The width between the existing
hi stone pilaster located at driveway entrance shall be exempt from the
required, improved width.
3. 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.
4. A residential fire sprinkler system with a one-inch water meter will be required
for the new residence. A separate plan submittal and approval to the Poway
Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler
contractor or fire protection engineer is required for the residential sprinkler
system prior to installation. There is a separate fee for this plan check and
inspection services. If a one-inch lateral off the street main is currently not
present, one will have to be installed. If a pressure pump is required for fire
sprinkler operation, auxiliary power is required.
5. Smoke detectors shall be installed in all bedrooms and adjoining hallways in
the residence. 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,
both in the proposed addition and existing residence. 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.
7. Each chimney used in conjunction with any fireplace shall be maintained with
an "approved spark arrester".
H. Prior to occupancy, or as otherwise noted, the following shall be complied with:
Resolution No. P-17-20
Page 9
• 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 requirements of the floodplain development permit shall be satisfied. This
includes, but is not limited to, submittal and approval of an elevation certificate.
3. All existing and new utilities are required to be undergrounded. 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, 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.
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.
7. After completion of all work, record drawings, signed by the engineer of work,
shall be submitted to Development Services for review prior to a request of
occupancy, per Section 16.52.130.B of the Grading Ordinance. Approval of
record drawings is required prior to issuance of occupancy and release of
grading securities. Initial submittal of record drawings at least three weeks
prior to a request for occupancy is recommended.
(Planning)
8. Landscaping shall be installed per the approved landscape plan.
9. The archeological monitoring report documenting the field and analysis
results, and interpreting the artifact and research data within the research
context shall be completed and submitted to the Director of Development
Services. The report shall include the required archeological forms.
Resolution No. P-17-20
Page 10
Section 5: The approval of VAR 14-002 and MDRA 14-009 shall expire on
October 17, 2019, at 5:00 p.m., unless prior to that time a Building Permit has been issued
and construction has commenced on the property.
Section 6: 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 17th day of October 2017.
teve Vaus, Mayo
ATTEST:
Naricy,Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-17-20 was duly adopted by
the City Council at a meeting of said City Council held on the 17th day of October 2017,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
(--(1,-;:7614/
Nancy Neu eld, CMC, City Clerk
City of Poway