Res P-92-07NO. P-92-07
A OF THE CITY
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 91-11 AND
MINOR REVIEW 91-70
PARCEL NUMBER
91-11 and Minor Development eview 91-70
submitted by Richard and Maria Sulpizio, applican s, requ st
approval for construction of a 1200 square foot room ad ition wh ch
will observe an eight foot side yard setback at the c osest po nt
where a 20 foot setback is required at 15812 Lime Grove Road in he
RR-C (Rural Residential C) zone; and
on February 4, 1992, the City Council held a duly
advertised public hearing to solicit comments from the public, both
pro and con, relative to this application.
NOW, the City Council does hereby resolve as
follows:
The City Council finds that 91-11 and Mi or
Development Review 91-70 are exempt from the p of he
California tal Quality Act, Categorical Exempt on
Class 5 and 3 as the project is an addition to an exist ng
single-family dwelling (Class 3) and a minor alteration to
land use limitations (Class 5).
91-11
The proposed project is with the general plan
in that it proposes an expansion to existing residential
development on a site which is designated for residential
use.
That there ar special circumstances applicable to the
property, and ecause of this, the strict application of
the Zoning Ordnance deprives the property of privileges
enjoyed by o her properties in the vicinity under
identical zoning classification.
The special c rcumstances include the fact that the lot
is substandar n tot 1 area and in width. This fact, in
combination w t the ocation of existing improvements on
the lot, inc u lng he septic tank, leach field, and
swimming pool, lmit he applicants ability to design an
addition which meets standard setback requirements.
Resolution No. P-92-07
Page 2
That granting the variance or its modification is
f for the preservation and enjoyment of a
substantial property right poss~essed by other property in
the same and zoning for which the is
sought.
The variance will allow the applicant to enlarge the
existing to a total of 3904 square feet which
is in keeping with the size of other found in
the vicinity.
That granting the or its mod will not
be y tal to the public health, safety,
or welfare, or injurious to the property or improvements
in such vicinity and zone in which the property is
located.
The proposed encroachment will ot have a negative impact
due to the fact that the slop ng topography of the lot
a d lar e front yard setback w 11 the additions
v sibil ty from the street an also because the nearest
a Jacen home is 40 feet from the common property line
w ich w 11 allow an ample separation of 48 feet between
t e two houses.
That the granting of this does not constitute a
special privilege inconsistent with the limitation upon
other properties in the vicinity and zone in that other
variances for side yard setbacks have been granted in th
G een Valley area where many existing homes do no
o serve the 20 foot side yard setback due to the fac
t at setback and lot size requirements were
s gnificantly in 1983 when Poway's General Plan was
a opted.
That t e granting of this va iance does not allow the use
or act vity which is not expressly authorized
by zon ng development regula ons governing the parcel or
proper y in that the propose project is an expansion of
a resi ential unit in the Rural Residential - C zone.
That the proposed development is in conformance with the
Poway General Plan in that the proposed use is single
family residential.
That the proposed develo ent will not have an ad erse
aesthetic healt , safet , or architectur lly re ated
impact upon adJo ning pr perties, in that t e roof ine,
construction met od, bui ding materials, an eleva ions
will be compatib e with ] p
5.
6.
7.
8.
Resolution No. P-92-07
Page 3
That the proposed development is in compliance with the
Zoning Ordinance, in that, with the granting of the
variance, it complies with the property development
of the RR-C zone.
hat the proposed development encourages the orderly and
armonious appearance of structures and property within
he City, in that all surrounding properties are under
he same zoning designations as the subject lot and are
eveloped as single-family residences similar to the
proposed project.
The City Council hereby approves Variance 91-11 and Minor
Development Review 91-70 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 and
understood; and (2) the property owner shall execute a
Covenant on Real Property.
SHALL THE OF
WITH T}~
The site shall be developed in accordance with the approved
site plan and elevations on file in the Planning Services
Department.
The appropriate Building Department approvals shall be
received prior to initiation of construction.
Any existing on-site utility poles shall be removed and al
new utilities shall be installed underground. Please contac
SDG&E Planning at 480-7617. Completion o
undergrounding shall be prior to issuance of a Certificate o
Occupancy.
School impact fees shall be paid prior to issuance of building
permits.
Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of City of Poway
Low flow plumbing fixtures are required in all new
construction.
Self-generation water softeners are prohibited in accordance
with Chapter 13.04 of the Municipal Code.
This permit shall become null and void on February 4, 1994 if
building permits have not been issued.
Resolution No. P-92-07
Page 4
SHALL
THE OF
WITH THE FOLLOWING CONDITIONS:
A grading plan for the development of the property shall be
submitted to the City's Engineering Services Department for
review nd approval prior to of a grading permit and
start o grading operation unless grading involves earthwork
of less than 50 c' bic yards. If no grading is
require , a certification rom a State Registered Civil
ngineer indicating the amoun of earthwork shall be furnished
o said City's Engineering Department and a $500
nspection fee shall be paid prior to building permit
The following development fees shall be paid to the
Engineering Services Department prior to building permit
These fees are currently in effect and are subject
to change.
Traffic Mitigation Fee
Park Fee
$ 640
$2500
SHALL CONTACT THE
WITH THE
OF PUBLIC
Annex parcel into LMD 86-1 at a 50 percent rate.
at this rate for Fiscal Year 1991-92 is $115.98. The rate of
t and fiscal year t are subject to change.
SHALL CONTACT THE
WITH THE
OF SAFETY
Roof covering shall meet Class A fire testing as
specified in the Uniform Building Standards No. 32-7 for fire
retardant roof covering materials, per City of Poway Ordinance
No. 64.
A proved numbers or addresses shall be placed on the building
i such a position as to be plainly visible and legible from
t e street fronting the property. Said numbers shall contrast
w th their background. Minimum height of address numbers
s all be four inches. Address shall be required at private
driveway.
3. Each chimney used in conjunction with any fireplace shall be
maintained with a spark arrester.
No. P-92-07
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 4th day of February 19 ~.
ATTEST:
Marj . ten, City Clerk
STATE OF )
)
COUNTY OF SAN DIEGO )
SS.
I, MarJorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-92-07 , was duly adopted4tbYhthe City Council
at a meeting of said City Council held on the day of
February , 1992, and that it was so adopted by the ~ ~ ~
vote:
AYES:
NOES:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE