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
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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