Res P-05-24
RESOLUTION NO. P-05-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 05-06 AND
MINOR DEVELOPMENT REVIEW APPLICATION 04-124
ASSESSOR'S PARCEL NUMBER 275-201-09
WHEREAS, Variance (VAR) 05-06, Minor Development Review Application
(MDRA) 04-124 submitted by Chris and Gail Sullivan. The applicants request approval of
a Variance and a Minor Development Review Application to construct a 2,168-square-
foot, single-story room addition at an existing 2,212-square-foot, single-story, single-
family residence. The application involves a request to reduce the side yard setback of
20 feet to 2 feet from a private road easement to permit a proposed room addition to
encroach into this setback. The subject property is located in the Rural Residential C
(RR-C) zone and addressed as 16175 Martincoit Road; and
WHEREAS, on April 12, 2005, 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 residential property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 05-06, a request to construct a 2, 168-square-foot, single-story
room addition to an existing 2,212-square-foot single-story, single-family residence,
located within the Rural Residential C (RR-C) zone and includes a reduction of the side
yard setback from 20 feet to 2 feet to allow a portion of a proposed room addition to
encroach into the setback, 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 subject lot is
constrained by an excessive roadway easement along the eastern portion of the
property, there are numerous rock outcroppings, and slopes from 489 feet to less
than 450 feet, limiting the area for constructing an addition; 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
developable area on the approximately 1.66-acre lot is restricted by the roadway
easement, rock outcroppings, and steep slopes; and,
Resolution No. P-05-24
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 garage encroachment will be
over 100-feet away from the closest residence, the addition will be constructed as
a single-story and will not obstruct views of adjacent residence to the east which is
a two-story with views to the west; and
D. That the granting of this 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 Rural Residential C (RR-C) zone do not have the same
Open Space and sewer easement constraints; 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 in
this zone; 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 4: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, for MDRA 04-124, a request to construct a 2,168-square-foot, single-story room
addition to an existing 2,212-square-foot, single-story, single-family residence, located
within the RR-C zone, are made as follows:
A. The residence has been sited to minimize landform alteration and conforms to the
City's zoning and grading standards. Therefore, the project respects the
interdependence of land values and aesthetics to the benefit of the City.
B. The project is in character with existing development in the area and will not
negatively affect the views of adjacent property owners. The proposal does not
otherwise affect the boundaries of the lot or the design of the streets, and does not
conflict with the orderly and harmonious appearance of structures and property
within the City.
C. There are public facilities, services and utilities available. The current roads are
capable of handling the expected volumes of traffic with this residential
development. The proposed use is an allowable use in the RR-C zone, with the
approval of a Minor Development Review Application. The project will otherwise,
with the exception of the required 20-foot side yard setback from the edge of the
private road easement, conform to all City ordinances.
D. The project has been designed to minimize impacts on the surrounding community
by extending the existing residence and retaining the same ranch style
architecture, thereby utilizing a low profile architectural design and earth-toned
wall and roof materials and therefore respects the public concerns for aesthetics of
the community.
Resolution No. P-05-24
Page 3
Section 5: The findings, pursuant to Government Code Section 66020, for the public
improvements for MDRA 04-124, can be made as follows:
A. The design and improvements of the proposed development are consistent
with all elements of the Poway General Plan, as well as City ordinances,
because all necessary services and facilities will be available to serve this
project.
Section 6: The City Council hereby approves Variance 05-06 and Minor Development
Review Application 04-124, a request to construct a 2,168-square-foot, single-story room
addition at an existing 2,212-square-foot, single-story, single-family residence. The
application involves a request to reduce the side yard setback of 20 feet to 2 feet from a
private road easement to permit a proposed room addition to encroach into this setback.
The subject property is located in the Rural Residential C (RR-C) zone and addressed as
16175 Martincoit Road is subject to the following conditions:
A. 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.
B. Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. The Variance granted by this approval shall not be conducted in such a manner as
to interfere with the reasonable use and enjoyment of surrounding residential
uses.
D. The conditions of V AR 05-06 and MORA 04-124 shall remain in effect for the life of
the subject residence and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. Prior to issuance of a Grading Permit the applicant shall comply with the following
conditions:
(Engineering)
1. If any additional grading is to exceed 50 cubic yards of earthwork, or any
cut is greater than two feet in vertical depth and creates a cut slope steeper
than 2:1 (two horizontal to one vertical) or any additional fill is more than
one-foot in vertical depth, 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, the applicant
shall provide a certification from a state registered civil engineer, or licensed
architect indicating the actual quantity of earthwork involved, and pay a
$500 inspection fee prior to Building Permit issuance. An additional $2,000
security deposit for emergency erosion control measures shall also be
posted prior to Building Permit.
Resolution No. P-05-24
Page 4
2. If grading is required, a new grading plan for the development of the lot
prepared on a City of poway 24" x 36" standard mylar sheet, preferably at a
scale of 1"=20', shall be 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. 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. The driveway expansion, in compliance with the specifications
provided in Section 17.08.170D of the Poway Municipal Code,
including the minimum structural section together with 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.
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. Screening of utility boxes shall be to the
satisfaction of the Director of Development Services.
3. For any additional grading, a new 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.
4. For any additional grading, 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. Large concentrated flows across driveways
are not permitted.
5. If a Grading Permit is required, the applicant shall pay all applicable
engineering, plan checking, permit and inspection fees.
Resolution No. P-05-24
Page 5
6. 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 $2,000 cash
security is required.
7. Prior to any necessary rock blasting, a pre-blast survey of the surrounding
properties shall be conducted to the satisfaction of the Director of
Development Services, and a Blasting Permit shall be obtained from the
Engineering Division. Seismic recordings shall be taken for all blasting.
Blasting shall occur only at locations and levels approved by the Director of
Development Services.
F. Prior to issuance of a Building Permit the applicant shall comply with the following
conditions:
(Engineering)
8. A $2,000 erosion control cash security shall be posted with the City.
9. 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 prevention and sediment control can be achieved
using one or more of the following measures:
a. Provision of an on-site desilting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with an approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all areas prior to discharge, effectively creating a desilting basin
from the building pad.
10. Erosion control, including, but not limited to desiltation basins, shall be
installed and maintained by the developer throughout construction of the
project.
11. The site shall be developed in accordance with the approved 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.
12. If a Grading Permit is required, rough grading shall be completed and meet
the approval of the City inspector and shall include submittal of the
following:
Resolution No. P-05-24
Page 6
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.
13. 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. All appropriate fees shall be paid prior
to permit issuance.
14. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading.
(Planning)
15. All newly manufactured and disturbed slopes greater than a 5:1 slope shall
be planted with one, 15-gallon tree per 750 square feet of slope area and
one, 1-gallon shrub for each 100 square feet of slope area, and ground
cover.
17. All slope plantings shall be installed, and automatic irrigation system
shall be installed and operational at time of final inspection.
18. All construction activity on the project site, including equipment preparation
(Le., warming up engines), shall be limited to the hours of 7:00 a.m. to 6:00
p.m. Monday through Saturday. Grading activities, including equipment
preparation, shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday
through Friday.
G. The applicant shall comply with the following prior to approval of occupancy:
(Engineering)
1. The new driveway improvements, drainage facilities, permanent 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. Run-off shall not be permitted to pond near the
house foundation, or cause surface erosion along the slopes.
3. All proposed utilities within the project site shall be installed underground.
4. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to the existing private road improvements caused by
construction activity from this project.
Resolution No. P-05-24
Page 7
5. 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.
(Planning)
6. Any fence or wall shall not exceed 6 feet. Any walls proposed shall be
reflected on grading or building plans and shall be of decorative block or
stucco finish consistent with the exterior of the proposed residence.
7. All newly constructed living quarters shall be equipped with low-flow
plumbing fixtures.
H. 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 Uniform Building Code (UBC)
Section 1503 and 1504, UBC Standard 15-2 and the City of Poway
Ordinance No. 64.
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. Addresses 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
roadway cannot be provided, approved fire protection system(s) shall be
provided as required and approved by the Fire Marshal.
5. A residential fire sprinkler system with the one-inch measure will be
required for the new addition and existing residence. Plans shall be
submitted to the Fire Prevention Bureau for approval prior to installation. If
a one-inch lateral off the street mean is currently not present, one will have
to be installed.
Section 4: The approval of Variance 05-06 and Minor Development Review Application
04-124 shall expire on April 12, 2007, unless the applicant and/or property owner applies
for and obtains approval of a Building Permit.
Resolution No. P- 05-24
Page 8
PASSED, ADOPTED AND APPROVED by the City Council of
State of California, this 12th day of April 2005.
ATTEST:
L~~C~
City of Poway
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 05-24 duly adopted by the
City Council at a meeting of said City Council held on the 12th day of April 2005, and that
it was so adopted by the following vote:
AYES:
BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
EMERY
DISQUALIFIED:
NONE
~~~
L. Diane Shea, City Clerk
City of Poway