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Res P-09-01 RESOLUTION NO P-09-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 08-11 AND MINOR DEVELOPMENT REVIEW APPLICATION 08-48 ASSESSOR'S PARCEL NUMBER 317-700-08 WHEREAS, a request for Variance (VAR) 08-11 and Minor Development Review Application (MDRA) 08-48 was submitted by Marvin and Susana Herbert for approval to add 191 square feet to the first floor and a 1 ,218-square-foot second story, for a total of 2,620 square feet of living area, to an existing single-family residence located at 12750 McFeron Road, within the Residential Single-Family 4 zone The project includes a' Variance to allow a portion of the second-story addition to encroach five feet into the required 25-foot front yard setback; and WHEREAS, on January 20, 2009, 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 08-11, a request for a reduction of the front yard setback to allow the proposed second-story addition to encroach into the setback, consistent with the first floor, 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 irregular in shape in that it is a shallow corner lot. 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-09-01 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 second-story encroachment into the front yard setback will match that of the existing garage The proposed addition will not cause any health or safety issues, 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 is for a proposed addition to an existing single-family residence which 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 1752 of the Poway Municipal Code, for MORA 08-48, to add 191 square feet to the first floor, and a 1,218-square-foot second story, for a total of 2,620 square feet of living area, 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 second-story living area 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 D The project has been designed to minimize impacts on the surrounding community by ultimately constructing a two-story residence that is in keeping with the existing neighborhood and, therefore, respects the public concerns for the aesthetics of the community Resolution No P-09-01 Page 3 Section 4 The City Council hereby approves Variance 08-11 to allow a portion of the second-story addition to encroach five feet into the required 25-foot setback, and Minor Development Review Application 08-48, a request to add 191 square feet to the first floor and a 1,218csquare-foot second story, for a total of 2,620 square feet of living area, to an existing single-family residence at 12750 McFeron Road, 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 08-11 and MDRA 08-48 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 August 13, 2008, 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. A $545 Stormwater Pollution Review Inspection fee shall be posted with the City 3 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. Resolution No P-09-01 Page 4 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 4 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. (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 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. (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 CBC Section 1505, and City of Poway Ordinance No 64 and its amended Ordinance No 526 Resolution No P-09-01 Page 5 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 Show permanently wired smoke detectors, with battery backup, in each sleeping room and at a point centrally located in the corridor/hallway area leading to each separate sleeping area. 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 5 Doors leading from attached garages into the structure shall meet the requirements for a 20-minute fire door assembly Section 6. The approval of Variance 08-11 and Minor Development Review Application 08-48 shall expire on January 20, 2011 , at 5:00 p.m. unless the 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 January 2009 W"'^~ ~ Don Higginson, Depu ayor ATTEST - Resolution No P-09-01 Page 6 fTATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No P-09-01 duly adopted by the City Council 3' a meeting of said City Council held on the 20th day of January 2009, and that it was so adopted by the following vote AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD NOES NONE ABSENT CAFAGNA DISQUALIFIED. NONE In a A, Troyan, MMC, City Clerk Ity of Poway