Res P-07-49
RESOLUTION NO. P-07-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 07-10 AND
MINOR DEVELOPMENT REVIEW APPLICATION 07-32
ASSESSOR'S PARCEL NUMBER 275-630-02
WHEREAS, a request for Variance (VAR) 07-10 and Minor Development Review
Application (MDRA) 07-32 was submitted by Andrew Glatt and Katherine Thompson for for
approval to add 758 square feet of living area to an existing single-family residence and a
460-square-foot, detached pool house. The residence is located at 13126 Silver Saddle
Lane, within the Rural Residential C (RR-C) zone. The project includes a Variance to
allow the new living area to encroach nine feet into the required 40-foot front yard setback;
and
WHEREAS, on September 18, 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, and as a Class 1 Categorical Exemption,
pursuant to Section 15301 of the CEQA Guidelines, in that the project proposes an
addition to an existing single-family residence.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 07-10, a request for a reduction of the front yard setback to
allow the proposed porch addition to encroach into the setback, are made as follows:
A. That there are special circurnstances applicable to the property in that the subject
property is constrained by having a smaller lot than required by the zone. Also, the
location of the existing house limits the location of any additions 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,
allows the property owner to make a logical addition to the house like other
properties in the area; and
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity in that the proposed encroachment into the front yard
Resolution No. P-07-49
Page 2
setback will be consistent with that of the existing garage. The proposed addition
would be set back 31 feet from the property line and will not cause any health or
safety issues. The proposed addition is approximately 138 feet from the nearest
residence, across Silver Saddle Lane, and will not detract from the neighborhood;
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 the Variance
will allow a living area addition to a single-family residence that is allowable in this
zone and other properties have been granted similar Variances; 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 perrnitted 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 findings, in accordance with Section 17.52 of the Poway Municipal Code,
for MDRA 07-32, to add 758 square feet of living area to an existing single-family
residence and a 460-square-foot, detached pool house for the property located at 13126
Silver Saddle Lane are made as follows:
A. The living area additions have been sited to conform to the City's zoning and
grading standards, with the exception of the office encroaching into the front yard
setback. Therefore, the project respects the interdependence of land values and
aesthetics to the benefit of the City; and
B. The project is in character with the existing development in the area and will not
negatively affect the views of adjacent property owners. The proposal does not
otherwise affect the boundaries of the lot or the design of the streets, and does not
conflict with the orderly and harmonious appearance of structures and property
within the City; and
C. There are public facilities, services and utilities available. The proposed use is
allowable in the RR-C zone with the approval of a Minor Development Review
Application; and
D. The project has been designed to minimize impacts on the surrounding community
by ultimately constructing an addition for an existing one-story residence that is in
keeping with the existing neighborhood and, therefore, respects the public concerns
for the aesthetics of the community.
Section 4: The City Council hereby approves Variance 07-10 to allow the new living
area to encroach nine feet into the required 40-foot setback, and Minor Development
Review Application 07-32 to add 758 square feet of living area to an existing single-family
Resolution No. P-07-49
Page 3
residence and a 460-square-foot, detached pool house for the property located at 13126
Silver Saddle Lane, within the Rural Residential C zone. The approval is 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 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 07-10 and MDRA 07-32 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, floor
plans and elevations dated June 12, 2007, on file 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.
(Engineering)
2. If any grading for the additions is to exceed 50 cubic yards of earthwork, or if
any cut is greater than two feet in vertical 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 vertical depth, then the property owner shall apply for a Grading
Permit, and submit a grading plan for review and approval to the City
Development Services Department. If the above conditions do not apply, the
property owner shall provide written certification from a State Registered Civil
Engineer or Licensed Architect. indicating the actual quantity of earthwork
involved and post a $500 inspection fee with the Engineering Division.
3. A $2,000 sediment and erosion control cash security deposit for emergency
purposes shall be posted with the City.
4. The applicant shall attend a pre-construction meeting, at which time the
applicant shall present an Action Plan that identifies measures to be
implemented during construction to address erosion, sediment, and pollutant
control. Compliance for erosion control can be provided using one or more
of the following guidelines:
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Page 4
a. Provide an onsite de-silting basin with a volume based on 3,600 cubic
feet per tributary acre drained.
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.
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 installed and inspected by the Engineering
Inspector prior to any clearing, grubbing or grading.
7. Prior to start of any work within City right-of-way, a Right-of-Way Permit shall
be obtained from the Engineering Division of the Development Services
Department. All appropriate fees shall be paid prior to permit issuance.
8. 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)
9. All newly constructed living quarters shall be equipped with low-flow
plumbing fixtures.
10. The plans shall indicate the colors and materials for the buildings to the
satisfaction of the Director of Development Services. Samples of the color
and materials shall also be provided.
11. The existing six foot high fence in the front yard setback shall be modified or
removed. The modifications shall conform to the Poway Municipal Code
Section 17.08.240, which allows one of the following:
a. Move the six-foot height solid fence out of the 40-foot front yard
setback.
b. Replace the six-foot high solid fence with a six-foot high open fence
such as decorative iron or black chain link.
c. Replace the fence with combination of four foot solid and two foot
open fencing.
The applicant shall obtain approval of a modified fence design, which shall be
to the satisfaction of the Director of Development Services.
Resolution No. P-07-49
Page 5
E. The applicant shall comply with the following prior to approval of occupancy:
(Engineering)
1. An adequate drainage system/path in the area of the additions capable of
handling and disposing all surface water shall be provided to the satisfaction
of the Engineering Inspector. Runoff shall not be permitted to pond near the
foundations. Runoff shall only be directed to a suitable location approved by
the 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. The proposed additions shall not encroach upon existing onsite water
easernents. The easements shall be plotted on the site plan.
4. All proposed utilities within the project site shall be installed underground.
(Planning)
5. Any required slope plantings shall be installed, and an automatic irrigation
system shall be installed and operational at the time of final inspection.
6. The over height fence in the front yard setback area must be modified to
meet the requirements in the Poway Municipal Code.
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 (UBe)
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 arrestor.
4. Safety Services access shall be maintained to the site at all times.
Section 6: The approval of Minor Development Review Application 07-32 and Variance
07-10 shall expire on September 18, 2009, at 5:00 p.m. unless the applicant and/or
property owner obtains a Building Permit.
Resolution No. P-07-49
Page 6
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 18th day of Septernber 2007. .
ATTEST:
Lqie~~~
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-07-49 duly adopted by the City
Council at a meeting of said City Council held on the 18th day of September 2007, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway