Res P-12-11RESOLUTION NO. P -12 -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 12 -003 AND
MINOR DEVELOPMENT REVIEW APPLICATION 12 -012
ASSESSOR'S PARCEL NUMBER 275 - 580 -01
WHEREAS, Variance (VAR) 12 -003 and Minor Development Review Application
(MDRA) 12 -012, submitted by John and Caroline Gilbert, Applicants, request approval to
allow a proposed 841 - square -foot, second story addition onto a residence located at
16512 Corte Paulina to observe an approximate 29.5 -foot front yard setback when the
required front yard setback in the Rural Residential C (RR -C) zone is 40 feet; and
WHEREAS, on September 18, 2012, the City Council held a public meeting 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 project is Categorically Exempt as Class 1 and Class 5 Categorical
Exemptions from the California Environmental Quality Act (CEQA), pursuant to Sections
15301 and 15305 of the 2012 CEQA Guidelines, in that the project involves a small
addition to an existing residence and is a minor alteration to land use limitations on a
developed single - family property that will not result in changes in land use or density.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code (PMC), to approve Variance 12 -003 to allow a proposed 841 - square -foot, second
story addition onto a residence located at 16512 Corte Paulina to observe an
approximate 29.5 -foot front yard setback when the required front yard setback in the
RR -C zone is 40 feet, as shown on approved plans on file at the Development Services
Department, 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 subject lot is substandard in
size (0.58 acres compared to the standard one -acre minimum lot size of the RR -C
zone); the lot is also irregular in shape (triangular) which restricts where
development can occur; and the home was built prior to City incorporation and
developed in accordance with County standards, so it is legal non - conforming in
terms of front yard setback (observing a front yard setback of 22.3 feet as
approved by San Diego County at the time it was built compared to the current 40-
foot front yard setback of the RR -C zone); 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 zone, and denied to the property for which the Variance is sought because the
layout of the existing residence allows the property owner to make a logical
addition to the house like other properties in the area; and
Resolution No. P -12 -11
Page 2
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity and zone in which the property is located in that
the second story addition will observe a greater front yard setback (29.5 feet) than
the existing single -story portion of the home onto which the addition is being made
(22.3 feet); and
D. Granting the 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 living space addition to a single - family residence that is
allowable in this zone; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR -C zone because single - family residences are permitted in
this zone; and
F. Granting the Variance will be compatible with the Poway General Plan because
the single - family residences are permitted in the zone and the addition does not
result in an increase in residential density.
Section 3: The findings for MDRA 12 -012, in accordance with PMC 17.52.010 -
Purpose of Minor Development Review, are made as follows:
A. That the addition has been designed to be similar in design and exterior building
materials to be consistent with the existing residence. Therefore, the proposed
use respects the interdependence of land values and aesthetics to the benefit of
the City; and
B. The addition will not have an adverse effect on the aesthetics, health, safety, or
architecturally - related impact upon adjoining properties as the addition has been
designed to be similar to the residence. Therefore, the proposed design, size and
scale of the proposed addition is compatible with and will not adversely affect, or
be materially detrimental to, adjacent uses, residents, buildings, structures, or
natural resources; and
C. That the granting of the MDRA would not be materially detrimental to the public
health, safety or welfare since adequate infrastructure is in place to continue
service to the residence with the addition; and
D. That the project has been designed to minimize impacts on the surrounding
community by designing the addition to be similar to the architectural style of the
residence and to use exterior building materials that will be consistent with the
exterior of the residence. Therefore, the proposed development respects the
public concerns for the aesthetics of development; and
E. That the proposed use will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity, nor be
contrary to the adopted General Plan because it will meet all development
requirements; and
Resolution No. P -12 -11
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F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the Poway General Plan.
Section 4: The City Council hereby approves VAR 12 -003 and MDRA 12 -012 subject
to the following conditions:
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 other 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 the date of this approval the applicant shall submit in writing that
all conditions of approval have been read and understood.
D. The conditions of Variance 12 -003 and MDRA 12 -012 shall remain in effect for the
life of the subject structure, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. Prior to Building Permit issuance the applicant shall comply with the following:
The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. The applicant shall comply with the latest adopted Uniform Building
Code, National Electric Code, and all other applicable codes and
ordinances in effect at the time of permit issuance.
(Engineering)
2. All spoil materials from footings and foundations shall be legally disposed of
offsite unless a Grading Permit for placement of the materials is obtained
from the Department of Development Services — Engineering Division prior
to placement or the applicant has received verification from the Department
in writing that no permit is required.
F1
Resolution No. P -12 -11
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3. Low Impact Development (LID) design features shall be incorporated 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.
4. A minimum cash security for erosion control of $2,000 is required.
5. The applicant shall attend a pre- construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer. The
applicant's action plan that identifies measures to be implemented during
construction to address erosion, sediment and pollution control will be
discussed. Compliance for sediment control shall be provided as directed
by the project inspector.
6. Erosion control shall be installed and maintained by the developer from
October 1 to April 30. The developer shall maintain all erosion control
devices throughout their intended life.
7. The applicant shall pay the storm water pollution inspection fee according to
the latest adopted master fee schedule. The current fee amount is $527.
(Planning)
8. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 679 -2570.
9. A building materials color board for the building exterior shall be submitted
for review and approval. The exterior building materials of the addition shall
match the exterior finishes and colors of the existing residence. The
building plans shall call out the approved building colors and materials.
10. Please be advised that if you will be installing or modifying a landscape
area that is greater than or equal to 1,000 square feet you will be required
to comply with Chapter 17.41 PMC, which addresses irrigation of outdoor
landscaping by setting a maximum amount of water to be applied to
landscaping, and by designing, installing and maintaining water - efficient
landscapes consistent with the water allowance. Landscape and irrigation
plans would need to be submitted and approved prior to the issuance of the
Building Permit.
The following requirements shall be completed to the satisfaction of the
Director of Safety Services:
Roof covering shall be fire retardant as per PMC 15.04.050, and City of
Poway Ordinance No. 64 and its amended Ordinance No. 526.
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2. Smoke detectors shall be installed in all bedrooms and adjoining hallways
in the proposed addition and existing residence. 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.
3. Carbon monoxide detectors shall be installed in hallways adjoining
bedrooms in the proposed addition and existing residence. The carbon
monoxide 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.
G. Prior to occupancy, or as otherwise noted, the following shall be complied with:
1. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City departments will be required.
(Engineering)
2. The drainage facilities, driveway and all utility services shall be installed and
completed by the property owner, and inspected and approved by the
Engineering Inspector. All new utility services shall be placed underground.
3. An adequate drainage system shall be provided around the new building
pad capable of handling and disposing all surface water to the satisfaction
of the Engineering Inspector.
4. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from this
project.
(Planning)
5. All necessary new slope plantings shall be installed, and an automatic
irrigation system shall be installed and operational at the time of final
inspection. If a landscape plan was required as part of the project,
landscaping and irrigation shall be installed and maintained in accordance
with the approved landscape and irrigation plans on file with the City of
Poway Planning Division.
6. The Poway Municipal Code requires that the maximum height of any fence
or wall on a single - family residential property shall not exceed six feet; and
within the front yard setback, the upper two feet of a six - foot -high fence
or wall must be constructed of open fencing. The sections of the existing
five - foot -high solid wood fencing located along the side property lines that
extend into the 40 -foot front yard setback shall be modified and reduced so
that the maximum height of the solid construction portion of the fencing
does not exceed four feet.
Resolution No. P -12 -11
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Section 5: The approval of VAR 12 -003 and MDRA 12 -012 shall expire on September
18, 2014, at 5:00 p.m., unless prior to that time a Building Permit has been issued and
construction has commenced on the property.
Section 6: The parties are hereby informed that the time within which judicial review of
this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at
a regular meeting this 18th day of September, 2012.
ATTEST:
Troyan, MMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P -12 -11 was duly adopted by the City
Council at a meeting of said City Council held on the 18th day of September 2012, and
that it was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM
NOES: NONE
ABSENT: NONE
DISQUALIFIED: HIGGINSON
a Troyan, MMC, City Clerk
City of Poway