Res P-03-01RESOLUTION NO. P-03-01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 02-13 AND
MINOR DEVELOPMENT REVIEW APPLICATION 02-33
ASSESSOR'S PARCEL NUMBER 314-182-92
WHEREAS, Variance 02-13 and Minor Development Review Application 02-33,
submitted by John and Mona Munos, requests approval of a Variance and Minor
Development Review Permit to allow a 2,605-square-foot, two-story residence, 32 feet in
height, and a 535-square-foot attached garage to observe an 11-foot side yard setback
when a 20-foot setback is required for the zone. The subject vacant parcel is located south
of Norwalk Street and west of Midland Road in the Rural Residential-C (RR-C) zone; and
WHEREAS, on January 7, 2003, 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, the City Council does hereby resolve as follows:
Section 1: The City Council finds that Variance 02-13 and MDRA 02-33 is Categorically
Exempt from the California Environmental Quality Act, pursuant to Section 15303, Class 3,
as it involves the construction of a single-family residence in a residential zone in an
urbanized area and pursuant to Section 15305, Class 5 in that the project consists of a
minor alteration to the side yard setback and does not create a new parcel.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code to approve Variance 02-13 and MDRA 02-33, to allow a maximum 11-foot side yard
setback rather than the required 20-foot setback for a 2,605-square-foot, single-family
residence and 535-square foot garage located south of Norwalk Street and west of Midland
Road, within the Rural Residential-C (RR-C) zone, as shown on the site plan dated
November 13, 2002, are made as follows:
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That there are special circumstances applicable to the property, and because of the
strict application of the zoning ordinance deprives the property of privileges enjoyed
by other properties in the RR-C zone in that typically the lot width in the RR-C zone
is 110 feet with required side yard setbacks of 20 feet; the subject lot is 87 feet wide
constrained by a 12 feet wide roadway easement along the eastern property
reducing the 87 feet wide parcel to an available width of 75 feet; and the required
20-foot side yard setbacks in the RRC zone further reduces the developable width to
35 feet; and,
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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
the RRC zone and not afforded to the property for which the Variance is sought
because the setback of the RRC zone when applied to a substandard sized lot
Resolution No. P-03-01
Page 2
results in an approximate 1,680 square foot developabl the approximately
12,354-square-foot lot; and,
Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed residence would be located 40
feet from the adjacent residence to the west; and,
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 properties immediately north are located within the Residential Single Family-4
zone and maintain 10-foot side yard setbacks; and,
Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RRC zone because single-family homes are a permitted use and
the proposed Victorian architecture' lent with the Old Poway Specific Plan;
and,
That the proposed V II be compatible with the City's General Plan because
the use is permitted and does not result in a density increase.
Section 3: The City Council hereby approves Variance 02-13 and MDRA 02-33, to allow a
3,145-square-foot, two-story, single-family residence and a 535-square foot garage located
south of Norwalk Street and west of Midland Road, to observe a 11-foot side
yard setback rather than the required 20-foot setback (as reflected on plans dated
November 13, 2002), as amended below and subject to the following conditions:
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Approval of this Variance request shall apply only to the subject project and shall not
pliance with all sections of the Zoning Ord' cl all other applicable
City ordinances in effect at the time of Building Permit '
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Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
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The Variance granted by this approval shall not be conducted in such a manner as
to int lh the reasonabl cl enjoyment of surrounding residential uses.
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The applicant shall comply with the Uniform Building Code and shall obtain a
Building Permit consistent with the approved Variance plans dated November 13,
2002 with the exception that' ' ' 20 foot side yard setback shall be observed
along the western property line and a minimum 11 foot side yard setback shall be
observed along the eastern property line prior to construction.
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The Building Plans shall depict the exterior building materials for the residence and
garage consistent with the approved plans dated November 13, 2002, to the
satisfaction of the Director of Development Services.
Resolution No. P-03-01
Page 3
During construction, the applicant shall protect the oak t Ie of the project to
the satisfaction of the Director of Development Services and Public Works.
Prior to issuance of a Grading Permit, the applicant shall comply with the following
conditions:
If grading is to exceed 50 cubic yards of earthwork, or if the cut is greater
than two feet in vertical depth and creates a cut slope steeper than 2:1 (two
horizontal to one vertical) and the fill is more than one foot in vertical depth
then the applicant shall apply for a grading permit and submit a grading plan
f :1 approval to the City Development Services Department. If the
above conditions do not apply, then the applicant shall provide a certification
from a State Registered Civil Engineer indicating the quantity of earthwork
involved and pay a $500 inspection fee prior to building permit issuance.
If grading is required, a grading plan for the development of the lot prepared
on a City of Poway standard mylar at a scale of 1"=20', shall be submitted
along with a grading permit application and applicable fees to the
Development Services Department-Engineering Division for review and
approval. ^ grading plan submittal checklist is available at the engineering
division front counter. As a ' ' , the grading plan shall show the
following:
Tops and toes of graded slopes shall be shown with a ' ' 5-foot
setback from open sp d property lines. Buildings shall be
located at least five feet from tops and toes of slopes, unless waived
by the Planning Division and/or Engineering Division prior to issuance
of a Grading Permit.
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Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including ' '
structural sections together with their elevations and grades.
A separate erosion control plan for prevention of sediment run-off
during construction.
All utilities (proposed and existing), together with their app
and associated easements. Encroachments are not permitted upon
any I without an approved lment agreement/permit.
Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
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Resolution No. P-03-01
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A tree preservation plan that identifies the trees to be removed, trees
to be preserved and size and species of the trees. The drip line of all
oak trees to be preserved must be reflected on the grading plans and
identify limits of grading.
A t I permit consistent with Section 12.32.150 of the City of
Poway Zoning Code for the removal of all native and or heritage trees
shall be submitted to the Development Services ' ' '
A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all Ier within the project site and all surface
water flowing onto the project site from adjacent lands. Said system shall
include all ls required to properly handle the drainage.
Concentrated flows across driveways are not permitted.
If a grading permit is required, and ! ~mpliance with the Clean Water
Act, the applicant shall prepare a Storm Water Pollution Prevention Plan
(SWPPP) that effectively addresses th lion of non-storm runoff into
the storm drain system. The SWPPP shall include, but not be limited to, an
effective method of hillside erosion and sediment control, a desiltation basin
that has a capacity of 3,600 cubic feet of storage per acre drained, or
designed to remove fine silt for a ten-year, six-hour storm event, a material
storage site, measures to protect construction material from being exposed to
storm runoff, protection of all storm drain inlets, on-site concrete truck wash
and waste control, and other means of Best Management Practices to
effectively eliminate pollutants from entering the storm drain system. The
applicant shall certify the SWPPP prior to approval of the grading and
improvement plans. The SWPPP may be incorporated with the erosion
control plan, but shall be under separate cover from the grading and
imp [ plans.
The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City prior to grading plan approval.
A minimum $2,000 cash security is required.
Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Division.
occur only at locations and levels approved by the
Services
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and a blasting permit shall be obtained from the Engineering
Seismic recordings shall be taken for all blasting. Blasting shall
I Development
Prior to '
conditions:
of a building permit the applicant shall comply with the following
Plans for the following imp Is shall be prepared on standard sheets of
mylar by a registered civil engineer, and submitted and approved by the
Director of Development Services. The applicant shall pay the plan check
and inspection fees at the time of submittal.
A public sewer main between the project frontage and a connection to
the existing sewer main on Norwalk Street.
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A public water main between the project frontage and a connection to
the existing water main on Norwalk Street.
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Paving and associated drainage improvements to public road
standards to the existing 20-foot-wide street.
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City.
$2,000 cash security for erosion control shall be posted with the
The applicant shall attend a preconstruction meeting, at which time they shall
present an Action Plan that identifies measures to be implemented during
construction to add sediment, and pollutant control. Compliance
for erosion control can be provided using one or more of the following
guidelines:
Provide an onsite desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with an approved mulch.
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Install an earthen or gravel bag berm that retains 3 inches of water
over all flat areas prior to discharge, effectively creating a desiltation
basin from the pad.
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The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
Grading of lots 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.
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10.
11.
Resolution No. P-03-01
Page 6
Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer throughout construction of the
project.
Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. At a ' ' all
protected areas as shown on the project plans are to be staked by a licensed
surveyor and delineated with lathe and ribbon. ^ Fication from the
engineer of work or a licensed surveyor shall be provided to the Engineering
Inspector stating that all protected areas are staked in accordance with the
approved project plans.
If a grading permit is required, rough grading of the lots is to be completed
and meet the approval of the City inspector and shall include submittal of the
following:
A certification of line and grade for the lot, prepared by the engineer of
work.
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A final soil compaction report for each lot for review and approval by
the City
Prior to start of any work within City-held ~ts or right-of-way, a Right-
of-Way permit shall be obtained from the Engineering Division of the
Development S partment. All appropriate fees shall be paid prior to
permit'
The following development fees for each lot shall be paid to the Engineering
Services Department prior to building permit ' These fees are
currently in effect and are subject to change.
Water:
Sewer;
Traffic Mitigation
Park
Drainage
Fees paid in 1991 by previous owner.
Fees paid in 1991 by previous owner.
990
2,720
1,570
School impact fees shall be paid at the rate established at the time of building
permit ' Please contact the Poway Unified School District for
additional information at (858) 748-0010, ext. 2089.
Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
12.
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The height of any fence or wall shall not exceed 6 feet. Wall
reflected on conceptual grading plans shall be of decorative block or stucco
finish consistent with the exterior of proposed residence.
13. All living quarters shall be equipped with Iow flow plumbing fixtures.
14. An affordable housing fee of $2,605 shall be paid prior to building permit
issuance.
15.
The applicant shall provide a landscape and irrigation plan for planting the
slope adjacent to Midland Road within the public right-of-way. The plan shall
indicate the type and size of plant material and shall include three (3) 15-
gallon trees and six (5) gallon shrubs and groundcover to the satisfaction of
the Director of Development Services and the Director of Public Works. The
maint f the landscaping and irrigation will be the responsibility of the
applicant.
16.
The applicant shall submit exterior colors and roof material to the Planning
Division for approval prior to the approval of the building permit.
The applicant shall comply with the following prior to '
Occupancy:
of a Certificate of
Driveways, drainage facilities, slope landscaping and protection
utilities, sewer and water main, and street improvements shall be
constructed, completed, and inspected by the Engineering Inspector. The
driveway shall be constructed in accordance with Poway Municipal Code,
section 17.08.170D, and its structural section shall be shown on the grading
plan.
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.
3. All proposed utilities within the project site shall be installed underground.
The developer shall repair, to the satisfaction of the City Engineer, any and
all damages to the existing road improvements caused by construction
activity from this project.
As a result of granting a variance to the side yard setback, the
driveway that provides access to the adjacent southerly parcel shall
be improved along the length of the eastern boundary of the subject
parcel. The imp I shall consist of ' ' 2-inch asphalt
Resolution No. P-03-01
Page 8
paving with a width of 12 feet, to the satisfaction of the Poway Fire
Department.
If a grading permit is required, record drawings, signed by the
engineer of work, shall be submitted to Development Services prior to
a request of occupancy, per section 16.52.130B of the Poway
Municipal Code. Record drawings shall be submitted in a manner to
allow the City adequate time f d approval priort'
of occupancy and release of grading securities.
The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 forfire retardant roof covering materials
per City of Poway Ordinance No. 64.
Approved numbers or addresses 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.
Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
The dway shall be extended to within 150 feet of all portions of the
exterior walls of the first story of any building. Where the access roadway
cannot be provided, approved fire protection system(s) shall be provided as
required and approved by the Division Chief.
Provide an emergency vehicle access way on the eastern side of the project,
not less than 12 feet in width to the adjacent southerly parcel.
Section 7: The approval of Variance 02-13 and MDRA 02-33 shall expire on January 7,
2005, unless the applicant and/or property owner applies for and obtains approval of a
Minor Development Review Application.
Resolution No. P-03-01
Page 9
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 7th day of January 2003.
ATTEST:
Peoples, City Clerk
Michael P. Cm~M~r
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 03-01 duly adopted
by the City Council at a meeting of said City Council held on the 7th day of January
2003, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES:
NONE
ABSTAIN:
ABSENT:
NONE
City of Poway