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Res P-14-16RESOLUTION NO. P -14 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING VARIANCE 14 -006 AND MINOR DEVELOPMENT REVIEW APPLICATION 14 -021, ASSESSOR'S PARCEL NUMBER 275 - 305 -04 WHEREAS, Variance (VAR) 14 -006 and Minor Development Review Application (MDRA) 14 -021 request a Variance to allow a proposed 2,662- square -foot attached addition to an existing single - family home located at 12831 Avenida La Valencia, within the Rural Residential C (RR -C) zone, to observe a 27 -foot front yard setback where 40 feet is required; and WHEREAS, on November 18, 2014, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, 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 from the California Environmental Quality Act (CEQA) as Class 1 and Class 5 Categorical Exemptions, pursuant to Sections 15301(e) and 15305(a) of the 2014 CEQA Guidelines, in that the project involves the construction of an addition to a single - family dwelling on an existing legal parcel located in a residential zone and the front yard setback variance 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 14 -006, to allow the addition to observe a 27 -foot setback from the front property line when a 40 -foot setback is required, as shown on approved plans on file at the Development Services Department, are made as follows: A. That there are special circumstances applicable, in that the subject lot is substandard in size (0.79 acres compared to the standard one -acre minimum lot size of the RR -C zone); more than half of the property is impacted by the 100 - year - floodplain and the existing 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. Because of this, the strict application of the development regulations deprives the property of privileges (i.e., constructing an addition to an existing home) enjoyed by other properties in the vicinity with the identical zoning classification; 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 denied to the property for which the Variance is sought in that residential additions are common in the neighborhood. The location of the existing home on Resolution No. P -14 -16 Page 2 the property and the floor plan of the existing residence allows the property owner to make a logical addition to the house without extending the home into the 100 -year floodplain; and 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 addition would avoid impacting the 100 -year floodplain and the 48 -foot setback from the street and existing large landscape planter located between the street and home will soften the visual effect of the larger residence; 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 this Variance involves the construction of a residential addition that is similar to other residences in the vicinity, some of which also encroach into the front yard setback; and E. The granting of this Variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation governing the parcel of property in that single - family homes are allowed in the RR -C zone; and F. That granting the Variance or its modification will not be incompatible with the City General Plan in that the residence will be located in such a manner that it will avoid.the 100 -year floodplain and the residence would be compatible with other residential development in the vicinity and complies with all other requirements of the zone. Section I The findings for MDRA 14 -021, in accordance with PMC 17.52.010, Purpose of Development Review, are made as follows: A. That the addition to the single - family residence has been sited to minimize landform alteration, and conform to City zoning and grading standards. Therefore, the proposed use respects the interdependence of land values and aesthetics to the benefit of the City; and B. That the approved project will not have an adverse effect on the aesthetics, health, safety, or architecturally - related impact upon adjoining properties, as the enlarged residence will be consistent with surrounding residences and the building setback from the street and existing large landscape planter located between the street and home will soften the visual effect of the larger residence. Therefore, the proposed design, size, and scale of the project is compatible with and will not adversely affect, or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources; and Resolution No. P -14 -16 Page 3 C. That the granting of the MDRA would not be materially detrimental to the public health, safety, or welfare since improvements necessary for the addition are in place; and D. That the project has been designed to minimize impacts on the surrounding community through the use of earth -toned wall and roof materials. 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 except for the front yard setback for which a variance can be supported; and F. That the proposed development will comply with each of the applicable provisions of the Zoning Ordinance and the General Plan. Section 4: The findings, pursuant to Government Code Section 66020, for the public improvements for VAR 14 -006 and MDRA 14 -021 are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. B. In accordance with the Poway General Plan, the project requires the payment of development impact fees, which are assessed on a pro -rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Section 5: The City Council hereby approves VAR 14 -006 and MDRA 14 -021, as shown on the approved plans on file with the City, 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 Resolution No. P -14 -16 Page 4 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 and MDRA 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. The applicant shall obtain a Building Permit prior to construction. Prior to issuance of a Building Permit, the applicant shall comply with the following: (Planning) 1. The applicant shall comply with the latest adopted building and electric codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 2. 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. 3. The applicant shall contact the Poway Unified School District (858 679 -2570) to verify if school impact fees are required. If required, the fees shall be paid at the rate established at the time of Building Permit issuance. 4. A color and materials board for the exterior shall be submitted for review and approval. All architectural details shown on the approved VAR/ MDRA plans shall also be shown on the building plan check submittal. Any major modifications to the building or site design details on the approved VAR /MDRA plans will require a MDRA revision and City Council approval. 5. The maximum height of any fence or wall, whether freestanding or retaining, shall not exceed six feet. Any proposed walls shall be reflected on the site plan, and shall be of decorative block or stucco finish consistent with the exterior of the proposed residence and may be subject to a separate Building Permit. 6. The site plan shall identify the square- footage of proposed new and modified landscape areas. If the newly created or modified landscape area is equal to or is greater than 1,000 square feet as a result of this project, a landscape and irrigation plan for any disturbed areas shall be submitted for review and approval to demonstrate compliance with Chapter 17.41 PMC, Landscape Efficiency Standards to the satisfaction of the Director of Development Services. The plans shall be in compliance with the City of Resolution No. P -14 -16 Page 5 Poway Landscape and Irrigation Design Manual, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. The landscape plan shall, at minimum, show the following (Engineering) 7. 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 Development Services Department Engineering Division prior to placement or the applicant has received verification from the Department in writing that no permit is required. 8. 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. 9. A minimum cash security for erosion control for $2,000 is required. 10. 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. 11. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 12. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. The current fee amount is $527. 13. Prior to start of any work within a City -held easement or right -of -way, a Right -of -Way Permit shall be obtained from the Engineering Division. All appropriate fees shall be paid prior to permit issuance. D. The applicant shall comply with the following fire safety requirements, to the satisfaction of the Fire Marshal: Resolution No. P -14 -16 Page 6 1. The applicant is required to meet all applicable PMC and California State Fire and Building Codes for this project. The applicant is encouraged to contact the Division of Fire Prevention at (858) 668 -4470 to set up a meeting prior to submitting building plans in order to review project requirements. 2. 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. 3. Smoke detectors shall be installed in all bedrooms and adjoining hallways, both 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. Interconnection is not required in existing dwelling units where repairs do not result in the removal of wall and ceiling finishes, there is no access by means of attic, basement or crawl space, and no previous method for interconnection existed. 4. Carbon monoxide detectors shall be installed in hallways adjoining bedrooms, both 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. Interconnection is not required in existing dwelling units where repairs do not result in the removal of wall and ceiling finishes, there is no access by means of attic, basement or crawl space, and no previous method for interconnection existed. 5. Each chimney used in conjunction with any fireplace shall be maintained with an "approved spark arrester." E. Prior to issuance of the Certificate of Occupancy: 1. The site shall be developed and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. 2. Landscaping shall be installed per the approved landscape plan. (Engineering) 3. Any extension of proposed or existing utilities required to serve the project shall be installed underground. 4. The drainage facilities, driveway, and all utility services shall be installed, and completed by the property owner, and inspected and approved by the Resolution No. P -14 -16 Page 7 Engineering Inspector. All new utility services shall be placed underground. 5. 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. 6. 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. Section 6: The approval of VAR 14 -006 and MDRA 14 -021 shall expire on November 18, 2016, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the VARHMDRA approval has commenced prior to its expiration. Section 7: 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 November, 2014. P Don Higginson, Mayor ATTEST: Sheila PLCobian, CMC, City Clerk Resolution No. P -14 -16 Page 8 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P -14 -16 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of November, 2014, and that it was so adopted by the following vote: AYES: CUNNINGHAM, MULLIN, GROSCH, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: VAUS ,a 01�(a *. Sheila kSobian, CIVIC, City Clerk City of Poway