Item 3.2 - MDRA 19-005 and VAR 18-005; Request to Allow Addition and New Garage; 12217 Bouder View DrOF PO W
�r City of Poway
COUNCIL AGENDA REPORT
THE C'0
DATE: May 21, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development
Service+A
CONTACT: Scott Nespor, Associate Planner S MN
858-668-4656 or snespor@poway.org
APPROVED
❑
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
RESOLUTION NO.
SUBJECT: Minor Development Review Application 19-005 and Variance 18-005,
a request to allow an addition and new garage at a residence at
12217 Boulder View Drive to observe a 22.5 -foot front yard setback
when a 40 -foot setback is required.
Summary:
This is a Minor Development Review Application (MDRA) and Variance (VAR) request to allow a
proposed 978 -square -foot addition to an existing 1,335 -square -foot single -story residence and a
new attached 1,073 square -foot garage located at 12217 Boulder View Drive to observe a 22.5 -
foot front yard setback when a 40 -foot setback is required. The existing residence will be rebuilt.
The required findings to support the project can be made based on unique circumstances
applicable to the property.
Recommended Action:
It is recommended that the City Council approve MDRA 19-005 and VAR 18-005, subject to the
conditions in the attached Resolution (Attachment A).
Discussion:
The applicant is Kit Ashley, architect, and the property owners are Alexander and Sherry Bravo.
The property is located at 12217 Boulder View Drive within the Rural Residential -C (RR -C) zone
(Attachment B). The 1.1 -acre site was originally developed in 1958 with a 1,335 -square -foot
single -story residence and an attached carport. The front of the property is relatively flat and
slopes downward towards the rear property line. The original house was built with a front yard
setback of 22.5 feet which was in compliance with the County of San Diego setback regulations
which required a minimum 20 -foot front yard setback.
The project under consideration is a MDRA and Variance request. Minor Development Reviews
are required for habitable development greater than 750 square feet and variances are required
when modifications of development standards are proposed. Minor Development Reviews are
reviewed and approved by the Development Services Director, but since a variance is required
to permit the MDRA, both projects are reviewed by the City Council for consideration of approval.
The Variance request is to allow the addition to observe the same 22.5 -foot front yard setback as
the existing residence and to allow the proposed garage to observe a 27.5 -foot front yard setback
(Attachment C). The RR -C zone requires a 40 -foot setback for both the attached garage and
addition, measured from the front property line.
1 of 14 May 21, 2019, Item #3.2
The project consists of constructing an addition to the existing residence and a new 1,073 -square -
foot attached garage, demolishing and rebuilding previous unpermitted additions, which will be
legalized as part of this application, and rebuilding the existing residence except for the
foundation. The total size of the additions are 978 -square -feet resulting in an approximately
2,313 -square -foot residence. The additions include a master bathroom, walk-in closet and new
bedroom. An enhanced entry porch will also be added to the residence. The rebuild includes a
reconfiguration of the rooms of the existing residence. The new roof will extend approximately 5.5
feet higher than the previous roofline and the residence will remain one-story. No grading is
proposed. The rebuilt residence is required to have underground utilities from an existing
overhead utility pole. The floor plan and elevations for the proposed residence are provided as
Attachment D.
The property owners obtained building permits for a remodel of the existing residence, but after
construction beyond the scope of work in the approved plans was discovered, it was determined
a rebuild permit was required. A rebuild is demolition and reconstruction of more than 50 percent
of an existing structure. The proposed rebuild includes demolition of the roof, interior finishes,
drywall, insulation and most of the framing.
The City Council can allow a variance based on special circumstances applicable to the property,
which makes the strict application of the Poway Municipal Code (PMC) burdensome and restricts
property rights that are enjoyed by others in the surrounding neighborhood. The required findings
to support the Variance request can be made because the existing residence already encroaches
into the front yard setback and the addition and new garage will not encroach any closer to the
front property line. Many nearby residences also encroach into the front yard setback at similar
distances as most of the homes in the neighborhood were constructed prior to City's incorporation
and developed in accordance with the County of San Diego's development standards. The
project has been designed to comply with all development standards of the City, with the
exception of the front setback for which the variance is sought. As a result of the constraints
listed above, staff believes the required findings to support the variance can be made as set forth
in the attached Resolution.
Environmental Review:
The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as
Classes 1 and 5 Categorical Exemptions, Sections 15301(e) and 15305(a) of the CEQA
Guidelines, as the project involves an addition to a single-family residence and a new attached
garage 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. The existing residence will be rebuilt.
Fiscal Impact:
None.
Public Notification:
A public notice was published in the Poway News Chieftain and mailed to property owners and
occupants located within 500 feet of the project site.
2 of 14 May 21, 2019, Item #3.2
Attachments:
A. Resolution
B. Zoning and Location Map
C. Site Plan
D. Floor Plan and Elevations
Reviewed/Approved By
Wendy KAserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chr Ha e
City Manager
3 of 14 May 21, 2019, Item #3.2
RESOLUTION NO. P -19-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT
REVIEW APPLICATION 19-005 AND VARIANCE 18-005,
ASSESSOR'S PARCEL NUMBER 317-200-16
WHEREAS, Minor Development Review Application (MDRA) 19-005 and Variance (VAR)
18-005, submitted by Kit Ashley, Applicant and Architect, and Alexander and Sherry Bravo,
Property Owners, requests approval to allow a 978 -square -foot addition and a 1,073 -square -foot
attached garage located at 12217 Boulder View Drive, within the Rural Residential C (RR -C)
zone, to observe a 22.5 -foot front side yard setback where 40 feet is required;
WHEREAS, on May 21, 2019, the City Council held a duly advertised public hearing to
solicit comments from the public, both for and against, relative to this application;
WHEREAS, the City Council has read and considered the agenda report for the proposed
project and has considered other evidence presented at the public hearing;
WHEREAS, the site, floor and elevation plans for this project included in the agenda report
are incorporated herein as Exhibit A; and
WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting
a Variance; 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 1 and 5 Categorical Exemptions, Sections 15301(e) and 15305(a)
of the CEQA Guidelines, in that the project involves an addition to a single-family residence and
a new attached garage 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. The existing residence will be
rebuilt.
SECTION 2: The findings for MDRA 19-005, 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 front yard setbacks for which a
Variance can be supported. The project respects and recognizes the interdependence of
land values and aesthetics to the benefit of the City. Allowing the Variance minimizes
landform alteration as a larger driveway would be required if it were to be setback at the
required front setback location.
B. The project has been designed to minimize impacts on surrounding residential
development by utilizing earth -tone colored exterior building materials and
an architectural design that is compatible with surrounding development. 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
4 of 14 ATTACHMENT A May 21, 2019, Item #3.2
Resolution No. P -19 -
Page 2
City.
C. The granting of the MDRA would not be materially detrimental to the public health, safety
or welfare within the community because the addition and the garage will not be
constructed closer than the existing residence.
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. 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 elements
of the City of Poway General Plan, and the project conforms to the provisions of the Zoning
Code, except for the front yard setback for which a Variance can be supported.
SECTION 3: The findings, in accordance with Section 17.50.050 of the PMC, to approve
VAR 18-005, 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. Special
circumstances include that the existing residence already encroaches into the front yard
setback and the addition and garage will observe the same setback as the existing house.
Most of the homes in the neighborhood were constructed prior to City's incorporation and
developed in accordance with the County of San Diego's development standards which
required a minimum 20 -foot front yard setback.
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 the location and orientation of the
existing home on the property and the floor plan of the existing residence allows a logical
addition to the house as proposed since it is not closer than the existing residence. The
residence is 36 feet from the paved portion of the public right-of-way.
C. Granting the Variance would not be materially detrimental to the public health, safety or
welfare of the community in that other homes within the same block observe front yard
setbacks that are less than 40 feet. The 22.5 feet setback from the property line is actually
36 feet from the edge of pavement.
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 an addition to a single-family residence in a neighborhood
where most other residences observe front -yard setbacks that are less than 40 feet.
5 of 14 May 21, 2019, Item #3.2
Resolution No. P -19 -
Page 3
E. Granting the Variance would not allow a use or activity not otherwise expressly authorized
by the zoning development regulations governing the property in that additions to a single-
family home are allowed and have occurred in the neighborhood.
F. Granting the Variance will be compatible with the City of Poway General Plan because the
use is permitted, and the Variance does not result in a density increase, and the addition
will be compatible with other residential development in the vicinity and complies with all
other requirements of the zone.
SECTION 4: The City Council hereby approves VAR 18-005 and MDRA 19-005 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 18-005 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. VAR 18-005 approves a 22.5 -foot front yard setback for single -story structures only.
F. Prior to Building Permit issuance, the applicant shall comply with the following:
(Planning)
1. The applicant shall contact the Poway Unified School District at (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.
2. The applicant shall comply with the latest adopted building codes, and all other
applicable codes and ordinances in effect at the time of Building Permit issuance.
6 of 14 May 21, 2019, Item #3.2
Resolution No. P -19 -
Page 4
3. 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.
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, free standing wall or retaining 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. Landscape and irrigation plans shall be submitted and approved for landscaping
the front yard and the required fire fuel management zones. The landscape and
irrigation plans shall demonstrate compliance with the City of Poway Landscape
and Irrigation Design Manual, Chapter 17.41 of the 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.
(Engineering)
7. 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.
8. 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.
9. Erosion control shall be installed and maintained by the developer from October 1
to April 30 annually. The developer shall maintain all erosion control devices
throughout their intended life.
10. A minimum cash security for erosion control is required.
11. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
12. The applicant shall attend a pre -construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a City
7 of 14 May 21, 2019, Item #3.2
Resolution No. P -19 -
Page 5
standard form available from the City's project engineer. 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.
G. The following requirements shall be addressed to the satisfaction of the Safety Services
Department:
This parcel is located within the very high fire hazard area of the City and is new
construction; therefore, California Building Code Chapter 7A and PMC 15.24 will
apply.
2. All flammable vegetation within the approved fuel modification zone shall be
removed prior to the arrival of combustible material on the site and shall be
maintained during the duration of the project until all elements of approved fuel
modification zones are installed and approved.
3. Buildings and structures located within a wildland-urban interface fire area shall be
setback a minimum of 30 feet from property lines and biological open space
easements unless the PMC requires a greater minimum. When the property line
abuts a roadway, the setback shall be measured from the farthest roadway edge.
4. Approved numbers or addresses measuring four to six 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. The
address is required at the private driveway entrance.
5. A residential fire sprinkler system with a one -inch meter is required to be installed
throughout the 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.
6. A two-story structure shall be setback a minimum of 30 feet horizontally from top
of slope to the farthest projection from a roof. Structures greater than two stories
may require a greater setback when the slope is greater than 2 to 1. Two-story
structures shall comply with the 40 -foot front yard setback requirement.
7. The project shall comply with Section Four of the City of Poway Landscape and
Irrigation Design Manual and PMC 15.24 as it relates to fuel management and
defensible space. One hundred feet of fuel management consisting of 40 feet of
Zone A and 60 feet of Zone B, is required. This area should be measured from
both the residence and garage. Mitigation is required where 100 feet of fuel
management cannot be achieved within the parcel boundaries. Ten feet of
vegetation fuel modification, meeting Zone B requirements, shall be maintained on
both sides of fire apparatus access and driveway when not already in a fuel
8 of 14 May 21, 2019, Item #3.2
Resolution No. P -19 -
Page 6
management zone.
The less than 100 feet within parcel boundaries shall be mitigated by the
existing conditions on the adjacent parcels.
The landscape plan requires a separate landscape and irrigation plans submittal
prepared pursuant to the City of Poway Landscape and Irrigation Design Manual
requirements. The applicant shall submit and receive signed approval of landscape
and irrigation plans prior to the issuance of the building permit. All fuel
modifications shall be installed prior to the final inspection for issuance of a new
certificate of occupancy.
8. Smoke detectors shall be installed in all bedrooms and adjoining hallways. 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.
9. Carbon monoxide detectors shall be installed in hallways adjoining bedrooms. 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.
10. Each chimney used in conjunction with any fireplace shall be equipped with an
approved spark arrester.
11. If liquefied gas (propane) is used as a primary utility source, show the tank size,
location of the tank on the parcel, orientation of the tank to building, and the method
of securing the tank to the ground, on the building plans.
H. Prior to occupancy, or as otherwise noted, the following shall be complied with:
The site shall be developed in substantial conformance with the approved plans
on file in the Development Services Department and the conditions contained
herein to the satisfaction of the Development Services Director. A final inspection
from the appropriate City departments will be required.
(Engineering)
2. All proposed utilities and existing utility lines connecting to the existing residence
from adjacent utility poles are required to be installed underground. An
underground waiver is required to allow the existing onsite utility poles to remain
at the west corner of the property. The underground waiver does not apply to any
other utilities onsite. The applicant shall pay the fee for the City to process the
underground waiver.
3. The drainage facilities, driveway, and all utility services shall be installed and
completed by the property owner, and inspected and approved by the Engineering
Inspector. All new utility services shall be placed underground.
4. An adequate drainage system shall be provided around the new building pads
capable of handling and disposing all surface water to the satisfaction of the
9 of 14 May 21, 2019, Item #3.2
Resolution No. P -19 -
Page 7
Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damage to public or private improvements caused by construction activity from this
project.
(Planning)
6. Landscaping shall be installed per the approved landscape plan and submittal of
an irrigation audit report, pursuant to Section 17.41.110 of the PMC.
SECTION 5: The approval of VAR 18-005 and MDRA 19-005 shall expire on May 21,
2021, 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 at a Regular Meeting of the City Council of the
City of Poway, California, on the 21st day of May 2019 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
10 of 14 May 21, 2019, Item #3.2
11 of 14 ATTACHMENT B May 21, 2019, Item #3.2
RS-1 CB
Subject Location:
12217 Boulder View Drive
APN - 317-200-16
P
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11 of 14 ATTACHMENT B May 21, 2019, Item #3.2
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n•cowm,noxa �
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rt
3 REAR ELEVATION
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LEFT SIDE ELEVATION RIGHT SIDE ELEVATION
SCALE - I/4" a 1'-0'
SCALE - I/4'
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