Res P-19-13RESOLUTION NO. P-19-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT
REVIEW APPLICATION 19-028 AND VARIANCE 19-002,
ASSESSOR'S PARCEL NUMBER (APN): 275-620-17
WHEREAS, Minor Development Review Application (MDRA) 19-028 and Variance (VAR)
19-002, submitted by Oscar Zazueta, Applicant and Architect, and Andrea Dangio and Katherine
Sack, Property Owners, requests approval to allow a 951 -square -foot addition located at 13205
Avenida La Valencia, within the Rural Residential C (RR -C) zone, to observe a 27 -foot front yard
setback where 40 feet is required;
WHEREAS, on November 19, 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 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 19-028, 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. The construction of the addition in
the front is where a courtyard currently partially exists, and it will be no closer to the
Avenida La Valencia than the existing attached garage. The existing landscaping on each
side of the house will be preserved.
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-19-13
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C. The granting of the MDRA would not be materially detrimental to the public health, safety
or welfare within the community because the addition will not be constructed closer to
Avenida La Valencia 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 19-002, 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 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.
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 49 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 27 -foot setback from the property line is 49 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-19-13
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 MDRA 19-028 and VAR 19-002 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 VAR 19-002 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 19-002 approves a 27 -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.
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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.
(Engineering)
6. 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.
7. 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.
8. The developer shall install and maintain all erosion control devices throughout their
intended life.
9. A minimum cash security for erosion control is required.
10. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
11. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance for the proposed accessory dwelling unit.
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.
G. The following requirements shall be addressed to the satisfaction of the Safety Services
Department:
1. 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.
2. Each chimney used in conjunction with any fireplace shall be equipped with an
approved spark arrester.
3. 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.
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4. 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.
H. Prior to occupancy, or as otherwise noted, the following shall be complied with:
1. 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 or extension of utilities shall be installed underground. No
extension of overhead utilities shall be permitted.
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.
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 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 MDRA 19-028 and VAR 19-002 shall expire on November
19, 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.
Resolution No. P-19-13
Page 6
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California, on the 19th day of November, 2019 by the following vote, to wit:
AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ATTEST:
Faviola
, CMC, City Clerk
Steve Vaus, Mayor