Res P-19-09RESOLUTION NO. P-19-09
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.
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
City.
Resolution No. P-19-09
Page 2
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.
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.
Resolution No. P-19-09
Page 3
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.
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
Resolution No. P-19-09
Page 4
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
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.
Resolution No. P-19-09
Page 5
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
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
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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
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.
Resolution No. P-19-09
Page 7
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 21 st day of May, 2019 by the following vote, to wit:
AYES: MULLIN, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: LEONARD
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Faviola Me in , CMC, City Clerk