Res P-07-13
RESOLUTION NO. P-07-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 06-11 AND MDRA 06-45
ASSESSOR'S PARCEL NUMBER 317-241-14
WHEREAS, Variance (VAR) 06-11 and Minor Development Review Application
06-45; Simon Ortiz, Applicant, requests approval to construct a detached two-car
garage and an approximate 1,928-square-foot addition onto an existing 1,260-square-
foot residence located at 11960 Old Pomerado Road, within the Residential Single-
Family 2 zone. A portion of the addition will observe an approximate 6-foot front yard
setback from the Old Stone Road private road easement when a 3D-foot setback is
required in the zone; and
WHEREAS, on April 3, 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 City Council finds that the proposed project is Categorically Exempt
as a Class 1 and Class 5 Categorical Exemption from the California Environmental
Quality Act (CEQA), pursuant to Sections 15301 and 15305 of the CEQA Guidelines, in
that the project involves a minor addition onto an existing single-family home and a
minor alteration in land use limitations.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code (PMC), to approve VAR 06-11 to allow a portion of the proposed
addition to observe an approximate 6-foot front yard setback from the Old Stone Road
private road easement when a 30-foot setback is required in the zone, as shown on the
site plan dated February 1, 2007, 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 are that the property is encumbered
with a 48-foot-wide private road easement and slope conditions (grade difference
between house pad and adjacent lower elevated vacant portion of lot) which
limits where an addition can be sited and allow functional floor plan design that
integrates with the existing house; 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 other
residential properties in the area and zone that are not encumbered by an
Resolution No. P-07-13
Page 2
excessively wide road easement and slope conditions have space for residential
expansion; and
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the existing residence, which was
constructed in 1954 and observes an approximate 24-foot setback from the
paved portion of Old Stone Road, has existed without health, safety or welfare
incident for more than 50 years; and the portion of the proposed addition that will
encroach into the 30-foot front yard setback as measured from the edge of the
road easement will observe an approximate 30-foot setback from the paved
portion of Old Stone Road; and
D. 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 residential properties are not encumbered by a 48-foot-wide private
road easement and slope conditions that limit or prohibit the opportunity for
residential expansion; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the Zoning Code because an addition and a garage are permitted
on a residentially developed property in the zone; and
F. Granting the Variance will be compatible with the City's General Plan because an
addition and a garage are permitted on a residentially developed property and
will not result in a density increase.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code to approve MDRA 06-45 as shown on the site plan dated February 1, 2007, and
building elevations and floor plans dated July 13, 2006, on file with the Development
Services, are made as follows:
A. That the approved project is consistent with the General Plan as it proposes the
construction of a single-family residence on property that is designated for
residential use. Therefore, the proposed use respects the interdependence of
land values and aesthetics to the benefit of the City.
B. That the approved project will not have an adverse affect on the aesthetics,
health, safety, or architecturally related impact upon adjoining properties, as
the residence is consistent with surrounding residential development. Therefore,
the proposed design, size, and scale of the proposed residence is compatible
with and will not adversely affect, or be materially detrimental to adjacent uses,
residents, buildings, structures, or natural resources.
C. That the granting of the MDRA would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements as
deemed necessary.
Resolution No. P-07-13
Page 3
D. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City as the neighboring
properties consist of low-density residential lots. Therefore, the proposed
development respects the public concerns for the aesthetics of development.
E. That the proposed use will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity nor be
contrary to the adopted General Plan.
F. That the proposed development will comply with each of the applicable
provisions of the Zoning Ordinance and the General Plan.
Section 4: The City Council hereby approves VAR 06-11 and MDRA 06-45, to allow
the construction of a detached 483-square-foot, two-car garage and an approximate
1,928-square-foot addition onto an existing 1,260-square-foot residence located at
11960 Old Pomerado Road, within the Residential Single-Family 2 zone and for a
portion of the addition to observe an approximate 6-foot front yard setback from the Old
Stone Road private road easement when a 30-foot setback is required in the zone, as
shown on the site plan dated February 1, 2007, subject to the following conditions:
A. Approval of this Variance and Minor Development Review Application shall apply
only to the subject project, and shall not waive compliance with all 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. Development on the site must comply with the Poway Noise Ordinance (Chapter
8.08 of the PMC). Construction work is specifically regulated by Section
8.08.100 of the PMC, which states that it is unlawful for the operation of any
single or combination of powered construction equipment at any construction
site on Mondays through Saturdays except between the hours of 7:00 a.m. and
5:00 p.m. or at any time on a Sunday or holiday except as provided in PMC
Section 8.08.100.
E. The applicant shall obtain a Building Permit prior to construction. Prior to
issuance of a Building Permit:
1. The site shall be developed in accordance with the approved conceptual
plans dated received on July 13, 2006, on file in the Development
Services Department and the conditions contained herein.
Resolution No. P-07-13
Page 4
2. If any grading for this addition is to exceed 50 cubic yards of earthwork, or
if any cut is greater than two feet in depth and creates a cut slope steeper
than 2:1 (two horizontal to one vertical), or if any fill is more than one foot
in height, the property owner shall apply for a Grading Permit and submit a
grading plan to the Development Services Department, Engineering
Division for review and approval. If the above conditions do not apply, the
owner shall provide a letter from a State-registered civil engineer or
licensed architect certifying the conditions stated above do not exist and
indicate the actual quantity of earthwork involved, and pay a $500
inspection fee.
3. A $2,000 sediment and erosion control cash security deposit shall be
posted with the City.
4. The property owner shall attend a pre-construction meeting, at which time
he shall present an Action Plan that identifies measures to be
implemented during construction to address erosion, sediment, and
pollutant control. Compliance for erosion control shall be provided using
one or more of the following guidelines:
a. Provide an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained during any earthwork
operations.
b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains three inches of
water over all flat areas prior to discharge, effectively creating a de-
silting basin from the pad.
Note: The storm water quality control notes listed on the site plan shall be
incorporated into the Action Plan, which will be requested by the site
Engineering Inspector during the pre-conference meeting. However, the
reference to City of San Diego for compliance with regulations shall be
deleted.
5. Erosion control, including, but not limited to, a de-silting basin, shall be
installed and maintained by the property owner throughout construction of
the project.
6. Construction staking is to be provided by the property owner and
inspected by the Engineering Inspector prior to any clearing, grubbing, or
grading.
Resolution No. P-07-13
Page 5
7. If construction of the new on-site driveway for the garage will require a
new approach on Old Pomerado Road, the property owner shall obtain a
Right-of-Way Permit from the Engineering Division to provide the
approach.
8. The location of the proposed detached two-car garage shall be adjusted
so that the building observes the required 30-foot front yard setback.
9. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway School District for
additional information at (858) 679-2570.
10. The maximum height of any fence or wall, or any combination thereof,
shall not exceed six feet. Retaining walls shall be of decorative block or
stucco finish consistent with the exterior of the proposed residence.
11. The addition shall be equipped with low-flow plumbing fixtures.
12. The exterior building materials and colors shall match the existing
residence.
F. Prior to issuance of a Certificate of Occupancy:
1. Any new utility services for the addition must be installed underground.
2. An adequate drainage system/path around the building addition, capable
of disposing all surface water shall be provided to the satisfaction of
the Engineering Inspector. Runoff shall not be permitted to pond near the
building foundation.
3. The property owner shall, to the satisfaction of the City Engineer, repair
any and all damages to the frontage road caused by construction activity
from this project.
4. The new on-site driveway construction shall comply with PMC Section
17 .08.170D for finish, width, section thickness, and grades. The driveway
shall be completed prior to final inspection by the Engineering Inspector.
5. All manufactured and disturbed slopes of greater than 5:1 slope shall be
planted and irrigated. A variety of landscaping, including trees, shrubs
and ground cover, shall be installed on the slopes to ensure stability.
Trees shall be planted at the rate of one tree per 750 square feet of slope
area and shrubs shall be planted at the rate of one shrub per 100 square
feet of slope area. Groundcovers shall be hydroseeded, or hand planted
cuttings appropriately spaced to eventually control soil erosion.
Resolution No. P-07-13
Page 6
G. 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 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. The address 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 Division Chief.
5. A residential fire sprinkler system with a one-inch meter will be required.
Plans shall be submitted to the Fire Prevention Bureau for approval prior
to installation. (If a one-inch lateral off the street main is currently not
present, one will have to be installed.)
Section 5: The approval of Variance 06-11 and Minor Development Review
Application 06-45 shall expire on April 3. 2009, at 5:00 p.m. unless a Building Permit
has been issued, and construction or use of the property in reliance on this permit has
commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 3rd day of April 2007.
ATTEST:
~~~~
L. Diane Shea, City Clerk
Resolution No. P-07-13
Page 7
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-07-13, was duly adopted by the
City Council at a meeting of said City Council held on the 3rd day of April 2007, and that
it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE