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