Res P-92-58RESOLUTION NO. P-92-58
A R L I N F T ECI Y CO N IL
OF T' P AY, ALIF R IA
A 0 N RI CE 9 -14 N
MI V t ME REV EW 9 - 5
ASSES P EL MBER 275- 20-08
WHEREAS, Variance 92-14 and Minor Development Revie
Greg Agee, applicant, requests approval for construction o
single-family home which will observe side yard setbacks o
20 foot setbacks are required at 15832 Lime Grove Road in
92-35 submitted by
a 3500 square foot
only ten feet when
he RR-C zone; and
WHEREAS, on October 27, 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, THEREFORE, the City Council does hereby resolve as follows:
The ity Council finds that Variance 92-14 and Minor Development Rev ew
92-3 are exempt from the p of the California E al
Qual ty Act, Categorical Exemption Class 5 and 3 as the project is he
of a single-family dwelling (Class 3) and a minor alterat on
to land use l' {Class 5).
Variance 92-14
The proposed project is consistent with the general plan in that it
proposes the construction of a single-family residence on a site
which is designated for residential use.
That there are special applicable to the property, and
because of this, the s ric application of the Zoning Ordinance
deprives the property o pr vileges enjoyed by other properties in
the vicinity under iden ica zoning classification.
Th special circumstances include the fact that the lot is
su standard in total area and in width. This fact, in combination
wi h the sloping topography of the lot, limits the applicant's
ab lity to design a residence which meets standard setback
requirements.
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zoning for which the
variance is sought.
The variance will allow the applicant to a 3500 square
foot residence which is in keeping with the size of other residences
found in the vicinity.
Resolution No. P-92-58
Page 2
That granting the variance or its will not be
materially detrimental 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 not have a negative impact due to the
fact that there is a grade differential between the subject lot and
the two adjacent lots along each side of the property.
That he granting of this variance does not constitute a special
rivi ege inconsistent with the limitation upon other properties in
he v cinity and zone in that other for side yard setbacks
ave een granted in the Green Valley area where many existing
omes do not observe the 20 foot side yard setback due to the fact
hat setback and lot size requirements were increased significantly
n 1983 when Poway's General Plan was adopted.
That the granting of this variance does not allow the use or
activity which is not otherwise expressly authorized by zoning
development regulations governing the parcel or property in that the
proposed project is the construction of a residential 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 development will not have an adverse aesthe ic
health, safety, or architecturally related impact upon adjoin ng
properties, in that the roofline, construction method, build ng
materials, and elevations will be compatible with surround ng
properties.
That the proposed development is in complianc~ with the Zoning
Ordinance, in that, with the granting of the it complies
with the property development standards of the RR-C zone.
That the proposed development encoura es the orderly and h
appearance of structures and propert within the City, in that all
surrounding properties are under the ame zoning designations as the
subject lot and are developed as sing e-family residences similar to
the proposed project.
The City Council hereby approves Variance 92-14 and Minor Development
Review 92-35 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.
Resolution No. P- 92-58
Page 3
The CC&R required utility yard(s) shall not be sited within the ten
foot side yard setback along the southerly property line.
The applicant hall obtain the necessary building plan approvals
from the Green alley Hi hlands Architectural Review Committee prior
to issuance of uilding ermits. The committee approved plans m st
comply substant ally {i.., same building footprint, hei ht, simi ar
1 etc.) with t eCit approved plans or the ap licantw ll
required to obtain a 'DRA a ?oval for the modificat on from he
anning Services Department p or to issuance of build ng permi s.
the building plans are rev ed, in no case shall the residence
o serve less than ten foot si e yard setbacks without City Council
approval.
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 xisting on-site utility poles shall be removed and all new utilities
shal be installed underground. Please contact SDG&E Planning Division at
480- 617. Completion of undergrounding shall be prior to issuance of a
Cert ficate of Occupancy.
4. 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
6. Low flow plumbing fixtures are required in all new
Self-generation water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
This permit shall become null and void on October 27, 1994 if building
permits have not been issued.
APPLICANT SHALL CONTACT THE DEPARTNENT OF ENGINEERING SERVICES REGARDING
COHPLIANCE WITH THE FOLLOWING CONDITIONS:
A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the public street
right-of-way or any City-held easement. Said work shall include, but is
ot to be limited to, construction of driveway approach, sewer lateral
nstallation, water service line installation, street construction
including concrete curb, gutter, and sidewalk). Permit shall be obtained
riot to start of work.
A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval prior
Resolution No. P- 92-58
Page 4
to ssuance of a grading permit and start of grading unless
ra lng involves earthwork movement of less than 50 cubic yards. If no
ra ing is required, a certification from a State Registered Civil
ng neet indicating the amount of earthwork shall be furnished to said
ity's Engineering Services Department and a $500 inspection fee shall be
paid prior to building permit
The following development fees shall
Department prior to building permit
effect, but are subject to change.
be paid to Engineering Services
These fees are currently in
raffic Mitigation Fee
ark Fee
rainage Fee
ater Meter
ateral
ounty Water Authority Fee
onnection Fee
ewer Annexation Fee and State Fee
dministration Charge
onnection
lean-Out Box
ine Charge
nspection Fee
1
1
3
3
21
If there is no grading plan, a $500 MDRA inspection fee is due.
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.
Approved nu bers or addresses shall be placed on the buildi in such a
position as o be plainly visible and legible from the street onting the
property, aid numbers shall contrast with their backgroun . Minimum
height of a dress numbers shall be four inches. Address shall e required
at private driveway.
Each chimney used in conjunction with any fireplace shall be maintained
with a spark attester.
The access roadway shall be extended to within 150 feet of all portions of
the exterior walls of the first story of any building. Where the access
roadway cannot be provided, approved fire protection system(s) shall be
provided as required and approved by the chief.
5. Locate closest fire hydrant on site plan.
Resolution No. P-92-58
Page 5
APPROVED and ADOPTED by the City Council
California, this 27th day of October 1992.
ATTEST:
of the City of Poway, State of
h, Mayor
STATE OF CALIFORNIA
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=92-58
, was duly adopted by the City Council at a meeting of said City Council
held on the _27th day of ~ctober , 1992, and that it was so adopted
by the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorit q , y,
City o f~ay