Res P-89-56NO. P- 89-56
A OF T E CITY COUNCIL
OF C T' OF PO'A ,CALIF. RNIA
A OV N VARIA~C 89-07 ND
MI D V LOPMEN EVIEW 8 -91
ASSES 0 'S P RCEL NU ER 321- 40-09
WHEREAS, Variance 89-07 and Minor Development Review 89-91, submitted by
Stephen and Patricia Cook, applicants, request a 34 foot reduction of the
required 50 foot rear yard setback area for the of a two story
single family at 14116 Donart Drive in the Rural zone; and
WHEREAS, on June 13, 1989, 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: 1 Fi :
This project is categorically exempt under the p
because it is a small ~.
· ' of CEQA (Class 3)
Section 2: Findin~ :
Variance 89-07
That there are special
fical-' because of he
gs, the s ric
depriv s the proper o
vicini under iden ica
applicable to the property, speci-
ot's 0 percent slope and existing rock
appl cation of the Zoning Development Code
priv leges enjoyed by other p in the
zoning classif'
That the granting of the variance is for the p and
of a property right by other
in the same vicinity and zone and denied to the property for which the
variance is sought in that ther properties have been developed with
si gle family residences, he natural topography (30 percent grade)
an the number and size of he existing rock outcroppings would require
blasting and grad ng if the build!ng pad is confined to the
se back rec of the RR-C (Rural 1) zone.
That granting the variance or its modification will not be materially
d to the public health, safety, or welfare, or to
the property or i p in the vicinity and zone in which the pro-
perty is located ecause adequate rear yard will be provided
~ing t e 23 foot and granting the variance
will permit locat ng the residence near the rear and northerly property
line so that a septic system can be installed in the southerly half of
No. P- 89-56
Page 2
the lot. The proposed residence is approximately 120 feet from any
existing The propert~ adjacent and north of the site is
owned by Pomerado Cemetery The topography of that property
is too steep to permit development as a cemetery.
That he gr~nting of this variance does not a special privi-
1 ge with the 1 upon other properties in the
v cin ty and zone in which the property is situated in that the
P ann ng Services Department would recommend approval for other lots
w th similar development
That the granting of this variance does not allow a use or activity
which is not expressly authorized by the zoning regulations
governing the parcel of property.
That the granting of the variance or its modification will not be
with the Poway City General Plan in that the site is
designated for single family residential d
Minor Develol 89-!
That the proposed development is in conformance with the Poway General
Plan in that the proposed use is single family residential,
That the proposed development is in compliance with the Zoning
in that with the granting of the it complies with
the property of the RR-C zone.
That the proposed development encourages the orderly and
appearance of structures and property within the City, in that the pro-
perties to the west, south, and east are under the same zoning designa-
tion as the subject lot and are as single-family
similar to the proposed project.
Section 3: City Counc'l
The City Council hereby approves Variance 89-07 and Minor Development Review
89-91 subject to the following conditions:
Within 30 days of approval: {1) The applicant shall submit in writing that
all conditions of approval have been read understood; and (2) the property
owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The appropriate Building Department approvals shall be received prior to
of
No. P- 89-56
Page 3
All new and existing utilities shall be underground prior to issuance of a
Certificate of Occupancy.
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Approval of this request shall not waive compliance with all sections of the
Zoning Development Code and all other applicable City Ordinances in effect
at the time of building permit '
The applicant shall comply w th the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uni orm Plumbing Code, National Electric Code,
Uniform Fire Code, and all o her applicable codes and ordinances in effect
at the time of building perm t '
For a new residential dwelling unit(), the applicant shall pay development
fees at the established rate. Such ees may include, but not be limited to:
Permit and Plan Checking Fees, Schoo Fees (in with
policy and/or ordinance), Water and ewer Service Fees. These fees shall be
paid prior to building permit '
This approval shall become null and void if building permits are not issued
for this project within one year from the date of project approval.
8. T~e · is limited to two stories per the
Building Code.
of the Uniform
9. Retain large rock outcroppings shown on site plan outside of development
area for the building pad and driveway.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Leach field layout for sewage disposal system shall be submitted to the City
for review and approval by the City Engineer prior to issuance of a building
permit.
A right-of-way permit shall be obtained from the City's Public Services
Department for any work to be done within the street rig or City-
held Said work shall include but is not to be limited to
of driveway approach, sewer lateral installation, water service
line ins allation, street {including concrete curb, gutter, and
sidewalk The permit shall be obtained prior to start of work.
o
All applicable standards ~ to private driveways shall
be in compliance with the Code Section 17.08.190P to the satisfac-
tion of the . of Public and Planning Services.
No. P- 89-56
Page 4
If blasting is required, a pre-blasting survey of surrounding property shall
be conducted to the satisfaction of the City Engineer prior to any rock
blasting. Seismic recordings shall be taken for all blasting and blasting
shall occur only at locations and levels approved by the City Engineer.
A grading plan in with the Uniform Building Code and City Grading
Ordinance shall be reviewed and approved by the Departments of Planning and
Public Services prior to issuance of building permits.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
ApproveU numbers or 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. Address shall
be required at private driveway
Each chimney used in with any fireplace shall be ~ with
a spark arrester.
Dead end access roadways in excess of 150 feet long shall be provided with
approved p ' ' for the turning around of Fire Department apparatus.
Rec ' for dead end and looped are:
Length: '1 O' - 500'
Width: O'
Turnarounds Required: O' diameter cul-de-sac
O' hammerhead
*Curbs and topographical conditions could alter the require merits for turn-
arounds and the width of accessways.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of June, 1989.
Ca , mayor
ATTEST:
No. P- 89-56
Page 5
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. , was
duly adopted by the City Council at a meeting of said City Counc the
13th day of June , 1989, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
R/R-6-13.12-16
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
NONE
NONE
City off,ay