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Res P-04-39 RESOLUTION NO. P-04-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 04-06CF ASSESSOR'S PARCEL NUMBER 323-340-42 WHEREAS, Variance 04-06CF, submitted by Daniel and Deanna Oulela, Applicants, requests approval of a Variance to allow a 1,950-square-foot, single-family residence to observe a 16-foot rear yard setback and 5-foot side yard setbacks when a 20-foot rear yard setback is required and a minimum 5-foot and 10-foot side yard setback are required in the zone. The subject property is located at 13434 Frey Court in the Residential Single-Family 7 (RS-7) zone; and WHEREAS, on June 1, 2004, 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 04-06CF, to allow a 16-foot rear yard setback rather than the required 20-foot minimum setback and to allow both of the side yard setbacks to be 5 feet when a 5-foot and 10-foot minimum side yard setback is required for a new single-family residence that is to be constructed on a lot located at 13434 Frey Court within the Residential Single-Family 7 zone, as shown on the site plan dated May 3, 2004, 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 that the subject lot is narrow along the frontage thereby making it difficult to site a single-story home on the site that complies with setback standards; 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 other lots in the area are developed with single-family homes and Variance 04- Resolution No. P-04-39 Page 2 03CF was recently approved for a similar Variance request on the adjacent property; and, C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the proposed residence is replacing a home that was destroyed in the Cedar Fire; 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 single- family residences exist on other nearby lots in the RS-7 zone; and, E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the RS-7 zone because single-family residences are a permitted use; 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 04-06CF to allow a 16-foot rear yard setback rather than the required 20-foot setback and to allow both of the side yard setbacks to be 5-feet when a 5-foot and 10-foot minimum side yard setback is required for a new single-family residence that is to be constructed on a lot located at 13434 Frey Court in the RS-7 zone, as shown on the site plan dated May 3, 2004, 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 Building Permit: 1. The applicant shall comply with the Uniform Building Code and shall obtain a Building Permit consistent with the approved Variance site, floor and building elevation plans, dated May 3, 2004, and conditions of approval on file in the Development Services Department and the conditions contained herein. 2. 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 Development Services Department. Resolution No. P-04-39 Page 3 3. The plans shall depict the exterior building materials and colors for the residence to the satisfaction of the Director of Development Services. A sample of the exterior colors and materials shall be submitted to the Planning Division for review and approval. 4. Please contact the Poway School District at (858) 748-0010, ext. 2089, regarding whether School Fees will be required or waived. D. 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 of all surface water shall be provided to the satisfaction of the Engineering Inspector. 3. All manufactured slopes of greater than 5:1 slope shall be planted and irrigated. A variety of landscaping, including trees, shrubs and ground cover, shall be installed on the slopes to insure stability. 4. All proposed utilities within the project site shall be installed underground. E. 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 UBC Section 1503 and 1504, UBC 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. Building Plans shall be in conformance with the Uniform Fire Code. Section 4: The approval of Variance 04-06CF shall expire on June 1, 2006, unless the applicant and/or property owner applies for and obtains approval of a Building Permit. Resolution No. P-04-39 Page 4 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, this 1st day of June 2004. ATTEST: 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-04- 39 duly adopted by the City Council at a meeting of said City Council held on the 1st day of June 2004, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE