Res P-94-10RESOLUTION NO. p- 94-10
A R L I N F T ECI Y CO N IL
OF T' P AY,
A 0 N RI CE 9 -19 N
MI V I-ME REV EW 9- 7
ASSE ~EL MBER 275-2 0-49
WHEREAS, Variance 93-19 and Minor Development Review 93-57, submitted by
Minx Homes, Inc. on behalf of Thomas B unansky, applicant and owner, requests
approval for construction of a 10,95 square foot single-family home, and
variance to the required front yard se back for the of a tennis
court and the construction of over heigh graded slopes for the property located
at 13411 Summit Circle, in the RR-B zone.
WHEREAS, on January 4, 1994, 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: :
The Cit Council finds that Variance 93-19 and Min r Development Review 93-57
are exe pt from the p ' ' of the California tal Quality Act,
Cate or cal Exemptions Class 3 and 5, as the project s the construction of a new
sing e- amily home {Class 3}, and tennis court wh ch will encroach into the
requ red minimum front yard setback (Class 5}, a m nor alteration to land use
limi ations.
This property has been surve ed for the presence of the California gnatcatcher.
Based on a site survey by a alified field biologist, a determination has been
made by the U.S. Fish & Wil i~fe Service that the coastal sage plant commu ity
found on the western side o the property does not contain the protected b rd,
is no connected to a designated future preservation corridor and is there ore
consi ered to be of "low quality" and as such the take of coastal sage invo ved
with he construction of the proposed project is eligible for allocation under
the f ve {5) percent "interim take" policy.
Section 2: Fi :
Variance 93-19:
The proposed project is consistent with the general plan in that it
proposes the construction of a single-family residence and accessory
structures on a site which is designated for residential use.
That there are special circumstances applicable to the property, and
because of this, the strict application of the Zoning Ordinance deprives
the property of privileges enjoyed by other properties in the vicinity
under identical zoning classification.
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Minor
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Resolution No. P-94-10
Page 2
The special include the fact that the lot is in
topography, and contains an existing mature avocado grove, a larg~ portion
of which they are attempting to preserve. These facts limit the
applicant's ability to place the house and tennis court in a way which
meets all setback and development standards.
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 ariance will allow the applicant to construct a tennis court in the
fron yard area, in a similar manner to another tennis court ~
at I 371 Summit Circle. The height of graded slopes proposed is also
cons stent with several examples located in the immediate neighborhood.
That granting of this variance or its modification 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.
That the granting of this variance does not constitute a special privilege
inconsistent with the limitation upon other properties in the vicinity and
zone in that the property is located in an area where very large custom
homes are the norm and where the size and configuration of the pad areas
originally designated on the subdivision map are not of adequate size.
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 of a residence and including a
tennis court which are intended to be constructed in primarily rural
residential zones.
Development Review 93-57
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 aesthetic, health,
safety or architecturally related impact upon adjoining properties, in
that the rooflines, construction method and building materials and
elevations will be compatible with surrounding properties.
That the proposed development is in compliance with the Zoning Ordinance,
with the exceptions noted in Variance 93-19, it complies with the property
development standards of the RR-B zone.
That the proposed development encourages the orderly and h
appearance of structures and property within the City, in that e
surrounding properties which are under the same zoning designations as e
subject lot are developed as single-family residences similar to e
proposed project.
Resolution No. P- 94-10
Page 3
Sec
The City Council hereby approves Variance 93-19 and Minor Development Review 93-
57 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit '
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit '
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For the new residential dwelling unit, the applicant shall pay Permit,
Plan Check and Inspection Fees and School Fees at the established rate {in
accordance with City-adopted policy and/or ordinance).
Existi g on-site trees shall be retained wherever possible and shall be
mainta ned in a horticulturally acceptable manner. Dead, decaying, or
otent ally dangerous trees shall be approv d for removal at the
iscre ion of the Planning Services Department uring the review of the
aster Plan of existing on-site trees. Living rees which are approved
or removal shall be replaced on a tree-for-tree asis as required by the
lanning Services Department.
Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the owner.
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Planting on the slope behind the house shall be designed and installed so
as to t into the native vegetation compliance with adopted City
landscape guidelines.
The installation of the irrigation and planting on the slope located
behind the house shall be completed and accepted by the City Landscape
Architect prior to building permit
Resolution No. P- 94-10
Page 4
lO.
This approval shall become null and void if building permits are not
issued for this project by January 4, 1996.
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTNENT OF ENGINEERING SERVICES.
COMPLIANCE SHALL BE
SITE DEVELOPMENT
1. The following development fees shall be paid prior to building permit
Traffic Mitigation
$ 990.00
Park Fees . 2,550.00
Sewer Fees 2,681.00
Engineering permit and plan check fees shall be paid upon submittal of
improvement and/or grading plan, as applicable.
A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval riot
to issuance of a grading permit and start of grading operation, ough
grading of the site must be completed and shall meet the C ty's
Engineering Services inspector's approval prior to issuance of bui ding
permit.
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 approaches, sewer lateral
nstallation, water service line installation, street
including concrete curb, gutter and sidewalk). Permit shall be obtained
riot to start of work.
4. A street light shall be installed between the two driveways prior to
issuance of building's Certificate of Occupancy.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
COMPLIANCE SHALL BE
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 numbers or addresses shall be placed on the buildi in such a
position as to be plainly visible and legible from the street onting the
property. Said numbers shall contrast with their backgroun . Minimum
height of address numbers shall be four inches. Address shall e required
at private driveway entrances.
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Resolution No. p-94-10
Page 5
Each chimney used in conjunction with any fireplace shall be maintained
with a spark attester.
A fire
system is required for this new dwelling.
The engineer of work shall provide certification of driveway finished
slope {15 percent maximum grade).
The limits of the emergency vehicle turnaround area shall be clearly
defined on the revised site plan.
Every building hereafter constructed shall be accessible to fire
department ap aratus by way of access dri eways with all-weather driving
surface of n t less than 16 feet of un structed width, with adequate
roadway turn ng radius capable of suppo lng the imposed loads of fire
apparatus an having a minimum of 13'6" o vertical clearance.
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.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15thday of February , 1994.
ATTEST:
gg~nsoh, 'May~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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Resolution No. P-94-10
Page 6
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
ce ify, under the penalty of perjury, that the foregoing Resolution, No.
P- -10 , was duly adopted by the City Council at a meeting of said City Council
he 15th day of February , 1994, and that it was so adopted by the
f owing vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, SNESKO, HIGGINSON
CALLERY, EMERY
NONE
NONE
City o~?oway