Res P-10-12RESOLUTION NO. P -10 -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 10 -01,
ASSESSOR'S PARCEL NUMBER 275 - 400 -15
WHEREAS, Variance (VAR) 10 -01, submitted by Robert Garry, requests a Variance
approval to allow the construction of a 480 - square -foot, single -story addition onto a
residence located at 12842 Stone Canyon Road that will observe a 32 -foot front yard
setback when a 40 -foot setback is required in the Rural Residential C (RR -C) zone; and
WHEREAS, on April 6, 2010, 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 small addition to an existing residence and a minor alteration in land use
limitation.
Section 2 : The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code (PMC), to approve VAR 10 -01 to allow the construction of a 480 - square -foot, single -
story addition onto a residence located at 12842 Stone Canyon Road that will observe a 32-
foot front yard setback when a 40 -foot setback is required in the Rural Residential C (RR -C)
zone, as shown on the site plan dated March 2, 2010, 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 adjacent to the Stone Canyon Road
right -of -way (100 -foot width), which is wider than what would typically be required for
a local collector road (60 foot width). Therefore, approval of the front yard setback
Variance will still allow a generous front yard area and streetscape in that the
proposed addition will observe a 62 -foot setback from the paved portion of Stone
Canyon Road; 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
residences in the area were developed prior to City incorporation pursuant to former
County standards that allowed a front yard setback between 10 to 30 feet, compared
to the 40 -foot front yard setback that presently is required in the RR -C zone; and
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C. Granting the Variance would not be materially detrimental to the public health, safety,
or welfare in the vicinity in that the structure will observe a considerable, 62 -foot
setback from the paved portion of the Stone Canyon Road right -of -way; 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 subject residence and homes in the area were developed prior to City
incorporation and observe a lesser front yard setback than the 40 -feet required with
the present zoning.
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the Zoning Ordinance because an addition is permitted on residential
developed property in the zone; and
F. That the proposed Variance will be compatible with the City's General Plan because
an addition is permitted on a residentially developed property.
Section 3 : The City Council hereby approves VAR 10 -01 a request for a Variance
approval to allow the construction of a 480 - square -foot, single -story addition onto a
residence located at 12842 Stone Canyon Road that will observe a 32 -foot front yard
setback when a 40 -foot setback is required in the Rural Residential C (RR -C) zone:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers,
and employees from any and all claims, actions, proceedings, damages, judgments,
or costs, including attorney's fees, against the City or its agents, officers, or
employees, relating to the issuance of this permit, including, but not limited to, any
action to attack, set aside, void, challenge, or annul this development approval and
any environmental document or decision. The City may elect to conduct its own
defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification. In the event of such election,
applicant shall pay all of the costs related thereto, including without limitation
reasonable attorney's fees and costs. In the event of a disagreement between the
City and applicant regarding litigation issues, the City shall have the authority to
control the litigation and make litigation related decisions, including, but not limited to,
settlement or other disposition of the matter. However, the applicant shall not be
required to pay or perform any settlement unless such settlement is approved by
applicant.
B. Approval of this Variance 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.
C. Within 30 days of approval, the applicant shall submit in writing that all conditions of
approval have been read and understood.
D. 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.
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E. Development on the site must comply with the Poway Noise Ordinance (Chapter 8.08
PMC). Construction work is specifically regulated by PMC 8.08.100, which states that
it is unlawful to operate any single or combination of powered construction equipment
at any construction site before 7:00 a.m. or after 5:00 p.m., Monday through
Saturday, or at any time on a Sunday or holiday, except as provided in PMC
8.08.100.
F. 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 site plans and
conditions of approval on file in the Development Services Department and the
conditions contained herein. Grading shall be in accordance with the City
Grading Ordinance, the approved grading plan, the approved soils report, and
grading practices acceptable to the City.
2. The applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on the
site plan and be appropriately sized for the proposed level of development.
3. A Deed Covenant shall be recorded on the property stating that the
approximately 480 - square -foot, bedroom, sitting room, bathroom addition will
never be rented or leased out as a separate living unit and complete kitchen
facilities shall not be installed.
4. The exterior building materials, roof tiles and colors of the addition shall match
and be compatible with the exterior of the existing residence. A note shall be
added on the building plans advising of this requirement.
5. The following requirements shall be completed to the satisfaction of the
Director of Safety Services:
a. Roof covering shall be fire retardant as per CBC Section 1505, and City
of Poway Ordinance No. 64 and its amended Ordinance No. 526.
b. 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 separated 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.
C. The parcel is located within the very high fire hazard area of the City;
therefore, Chapter 15.05 PMC will apply.
d. Where the roof profile allows a space between the roof covering and
roof decking, the spaces shall be constructed to prevent the intrusion of
flames and embers, be fire - stopped with approved materials, or have
one layer of No. 72 ASTM cap sheet installed over the combustible
decking. Provide note on plans.
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e. When provided, valley flashings shall be not less than 0.019 -inch (0.48
mm) (No. 26 galvanized sheet gage) corrosion - resistant metal installed
over a minimum 36- inch -wide (914 mm) underlayment consisting of one
layer of No. 72 ASTM cap sheet running the full length of the valley.
Provide note on plans.
f. Exterior wall finished material shall be noncombustible and comply with
the California Building Code (e.g.: stucco, masonry, cement fiber board,
heavy- timber, etc.). In addition, all exterior walls are required to be
protected with nominal two -inch solid blocking between rafters at all
roof overhangs. Wood shingle and shake wall coverings shall be
prohibited.
g. Appendages and projections attached to a structure, such as exterior
balconies, carports, decks, and patio covers, shall be constructed to
maintain the fire - resistive integrity of the exterior walls. Such
appendages and projections shall meet the requirements for all
setbacks and fuel modification zones.
h. Exterior windows and glazing are restricted to multilayered glass (dual
glazed) and shall be tempered. Glazing frames made of vinyl materials
shall have welded corners and reinforcement in the interlock area, and
be certified ANSI /AAMA /NWWDA 101/I.S.2 -97 structural requirements.
Provide note on plans.
i. Skylights shall be tempered glass. Provide note on plans.
j. Exterior doors shall be of approved noncombustible construction or
ignition- resistant, solid core wood not less than 1'/4 inches thick, or have
a fire protection rating of not less than 20 minutes. Windows within
doors and glazed doors shall comply with exterior window and glazing
requirements. Provide note on plans.
k. All eave, soffit and roof construction shall be ignition- resistant and in
compliance with Chapter 15.05 PMC, Wildland Urban Interface Building
Code. Provide details and notes on plans for eave and soffit
construction.
I. Eave, soffit and roof ventilation shall be constructed in such a manner
as to provide for flame and ember penetration resistance. Alternate
designs and methods will be considered on a case -by -case basis.
Provide details showing size and location of attic ventilation and
subfloor ventilation on plans.
G. Prior to issuance of a Certificate of Occupancy:
1. All new utility services shall be placed underground.
2. Brush Management shall be completed to the satisfaction of the Director of
Development Services and the Fire Marshal in accordance with the approved
plans. All 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. Groundcover shall be
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hydroseeded, or hand - planted cuttings appropriately spaced to eventually
control soil erosion.
Section 4 : The approval of Variance 10 -01 shall expire on April 6 2012, 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 6th day of April 2010.
Don Higginson, M f or
ATTES
MMC City Clerk
Resolution No. P -10 -12
Page 6
STATE 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- 10 -12, was duly adopted by the City
Council at a meeting of said City Council held on the 6th day of April 2010, and that it was so
adopted by the following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSTAIN: None
DISQUALIFIED: None