Res P-07-05
RESOLUTION NO. P-07-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 06-13
ASSESSOR'S PARCEL NUMBER 275-600-30
WHEREAS, a request for Variance (VAR) 06-13 was submitted by Mark Rowson
for approval to allow a portion of a new garage to encroach into the required 40-foot
front yard setback by up to eight feet and to encroach into the 20-foot side yard setback
by up to 10 feet, and a portion of a living area addition to encroach into the 20-foot side
yard setback by up to eight feel. The subject property is a developed singe-family lot
located at 16652 Maverick Lane, within the Rural Residential C (RR-C) zone; and
WHEREAS, on February 20, 2007, 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 Sections
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 06-13, a request for a reduction of the front yard setback
and side yard setback to allow the proposed garage and living area addition to encroach
into the setbacks, are made as follows:
A. That there are special circumstances applicable to the property in that the subject
property is constrained by having an irregular shape, the location of the existing
house and pool area limits the location of additions to the property, and the strict
application of the Zoning Ordinance would deprive the property of privileges
enjoyed by other properties in the vicinity; 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
developable area of the lot, in conjunction with the layout of the existing
residence, makes it difficult to meet the setbacks of the RR-C zone, which
requires properties to be a minimum of one acre, and would constrain the
addition to a single-family home of a size similar to others in the same zone; and
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 into
Resolution No. P-07 - 05
Page 2
the front yard setback will match that of the existing two-car garage, and the side
yard encroachment will allow the addition of additional garage space and living
area. The proposed additions are approximately 110 feet from the nearest
residence and will not detract from the neighborhood; 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 the Variance will allow a garage and living space addition to a single-family
residence that is allowable in this zone; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C zone because single-family residences are permitted 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 3: The City Council hereby approves Variance 06-13, a request for approval to
allow a new garage to encroach into the required 40-foot front yard setback by up to
eight feet, and to encroach into the 20-foot side yard setback by up to 10 feet and a
room addition to encroach into the 20-foot side yard setback with a by up to eight feet.
The subject property is a developed residential property located at 16652 Maverick
Lane, within the Rural Residential C (RR-C) zone. The approval 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 applicants shall submit in writing that all
conditions of approval have been read and understood.
C. The conditions of VAR 06-13 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.
D. Prior to issuance of a Building Permit, the applicants shall comply with the
following conditions:
1. The site shall be developed in accordance with the approved site plan
dated January 10, 2007, and floor plans and elevations on file dated
November 21, 2006, in the Development Services Department and the
conditions contained herein. Grading 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.
Resolution No. P-07-05
Page 3
(Engineering)
2. Erosion control shall be installed and maintained by the developer
throughout construction of the project.
3. The approved building plans shall demonstrate the provIsion of an
adequate drainage system/path around the building addition, capable of
disposing all surface water. Runoff shall not be permitted to pond near
the building foundation, nor shall it be directed towards the existing
neighborhood trail.
4. The applicant shall have all property boundaries surveyed and staked by a
State Licensed Surveyor to the satisfaction of the Director of Development
Services prior to issuance of a Building Permit.
(Planning)
5. All newly constructed living quarters shall be equipped with low-flow
plumbing fixtures.
6. The plans shall indicate the colors and materials for the buildings and shall
be to the satisfaction of the Director of Development Services. Samples of
the color and materials shall also be provided.
7. Any fence or wall shall not exceed six feet. Any retaining walls proposed
shall be reflected on the grading or building plans, and shall be of
decorative block or stucco finish consistent with the exterior of the
proposed residence.
E. The applicant shall comply with the following prior to approval of occupancy:
(Engineering)
1. 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.
2. The property owner shall repair any and all damages to the streets caused
by construction activity from this project, to the satisfaction of the City
Engineer.
3. All proposed utilities within the project site shall be installed underground.
4. Any disturbances to the existing neighborhood trail as a result of this
project shall be restored to its pre-construction condition and the trail
layout shall prevent runoff from flowing onto adjacent properties.
Resolution No. P-07 - 05
Page 4
(Planning)
5. All slope plantings shall be installed, and an automatic irrigation system
shall be installed and operational at the time of final inspection.
F. The applicants 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)
Sections 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. 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. Safety Services access shall be maintained to the site at all times.
Section 6: The approval of Variance 06-13 shall expire on Februarv 20. 2009. at
5:00 p.m. unless the applicant and/or property owner obtains a Building Permit.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 20th day of February 2007.
ATTEST:
~~~
L. Diane Shea, City Clerk
Resolution No. P-07 -05
Page 5
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-07-05 duly adopted by the City
Council at a meeting of said City Council held on the 20th day of February 2007, and
that it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: BOYACK
DISQUALIFIED: NONE
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City of Poway