Res P-07-37
,
I RESOLUTION NO. P-07-37
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 07-08 AND
MINOR DEVELOPMENT REVIEW APPLICATION 07-24
ASSESSOR'S PARCEL NUMBER 314-182-68
WHEREAS, a request for Variance (VAR) 07-08 and Minor Development Review
Application (MDRA) 07-24 was submitted by Robert Nothwang for approval to add a
240-square-foot entry porch, and approximately 776 square feet of living area, which
includes 575 square feet for a second story addition. This request is for an existing
single-family residence located at 14359 York Avenue, within the Residential Single-
Family 4 (RS-4) zone. The project will require a Variance to allow the new entry porch
to encroach 10 feet into the required 25-foot front yard setback; and
WHEREAS, on August 7, 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 07-08, 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 circumstances applicable to the property in that the subject
property is constrained by having a smaller lot than required by the zone and is
encumbered by a large right-of-way width. 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
Resolution No. P-07-37
Page 2
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 porch encroachment into the
front yard setback will match that of the existing family room. The proposed
addition would be set back 37 feet from the curb and will not cause any health or
safety issues. The proposed porch addition is approximately 110 feet from the
nearest residence, across York Avenue, 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 front porch 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 RS-4 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 findings, in accordance with Section 17.52 of the Poway Municipal
Code, for MDRA 07-24, to add a 240-square-foot entry porch, and approximately 776
square feet of living area, which includes 575 square feet for a second-story addition,
located within the Residential Single-Family 4 (RS-4) zone, 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 front porch 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 RS-4 zone, with the approval of a Minor Development Review
Application; and
Resolution No. P-07-37
Page 3
D. The project has been designed to minimize impacts on the surrounding
community by ultimately constructing a 22.5-foot-high, two-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 07-08 to allow the new entry
porch to encroach 10 feet into the required 25-foot setback, and Minor Development
Review Application 07-24, a request to add a 240-square-foot entry porch, and
approximately 776 square feet of living area, which includes 575 square feet for a
second-story addition. The subject property is a developed residential lot located at
14359 York Avenue, on the east side of York Avenue, south of Norwalk Street, within
the Residential Single-Family 4 (RS-4) 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 07-08 and MDRA 07-24 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 on file dated May 9, 2007, 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 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 sh~1I 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
Resolution No. P-07-37
Page 4
of earthwork involved and post a $500 inspection fee with the Engineering
Division.
3. A $2,000 erosion control cash security deposit 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:
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. 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)
8. All newly constructed living quarters shall be equipped with low-flow
plumbing fixtures.
9. 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.
10. 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:
Resolution No. P-07 -37
Page 5
(Engineering)
I 1. An adequate drainage system around the building pad capable of handling
I and disposing all surface water shall be provided to the satisfaction of the
I 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.
(Planning)
4. Any required 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. Safety Services access shall be maintained to the site at all times.
Section 6: The approval of Minor Development Review Application 07-24 and
Variance 07-08 shall expire on AUQust 7.2009. at 5:00 p.m. unless the applicant and/or
property owner obtains a Building Permit.
Resolution No. P-07 -37
Page 6
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 7th day of August 2007.
ATTEST:
L~e~~c~
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-07-37 duly adopted by the City
Council at a meeting of said City Council held on the 7th day of August 2007, and that it
was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD
NOES: NONE
ABSENT: CAFAGNA
DISQUALIFIED: NONE
~ ~/~~
L. Diane Shea, City Clerk
City of Poway