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Res P-98-48RESOLUTION NO. P- 98-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 98-12 AND MINOR DEVELOPMENT REVIEW 98-53 ASSESSOR'S PARCEL NUMBER 275-181-08 WHEREAS, Vadance 98-12 and Minor Development Review 98-53, submitted by John and Sandra G Applicants, requests approval I :a 3,153 square foot two-story home on a .55 acre lot and approval of a ten-foot sideyard setback vadance on both side yards for the property at 13411 Stone Canyon Road within the' Rural Residential C zone; and WHEREAS, on September 1, 1998, 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 follows: The City Council finds that Vadance 98-12 and Minor Development Review 98-53 are exempt from the provisions of the California E Quality Act, Categorical Exemption Class 5 in that the request is for a minor alteration to land use limitations. Variance 98-12 The proposed project' : with the General Plan in that it involves the of a single family residence on a property which is designated for residential use. There are special 3plicable 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. The special is that development of the lot is -I because it is narrower than any lot in the neighborhood. The minimum lot width in the RR-C zone is required to be 100 feet. This ;I property is 80 feet wide. Resolution No. P-98-48 Page 2 That granting of the requested modification ' 'y for the p -1 enjoyment of a substantial property dght possessed by other property in the same vicinity and zoning for which the variance is sought. Th lows th other homes in the vicinity. : a residence that* size to That granting the variance or its modification will not be materially detrimental to the public health, safety, or welf ' ' to the property or imp ~ vicinity and zone in which the property is located in that in addition t(> property line setbacks, the subject residence is separated from the adjacent residence to the west by a ten-foot setback on the other side of the property line. That the granting of this variance does not constitute a special privilege : with the I 3on other properties in the vicinity and zone in that other residential lots within Green Valley have been developed with resid to the subject dwelling. The subject lot is the last remaining building lot in the 13400 block of Stone Canyon Road. That the granting of th' does not all ;tivity which is not otherwise expressly authorized by the zoning development regulations governing the parcel or property in that single family residential development is permitted within the Rural Residential C zone. Minor The approved project' I with the General Plan in that single family homes are permitted in the rural residential zone and all pi :ed with the project I except for the required sideyard setbacks. That the approved project will not have an aC :hetic, health, safety, or architecturally related impact upon adjoining properties in that the design of the new home is in keeping with the architectural style and scale of surrounding homes in the area. Section The City Council hereby approves Variance 98-12 and Minor Development Review 98-53, subject to the following conditions: Within 30 days of approval the applicant shall submit in wdting that all conditions of approval have been read and understood. -- Resolution No. P-98-48 Page 3 [E DEPART 5 o 10. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein including that th lall be positioned in th lip to the house to the east as is shown on the plans. In addition, the garage shall be set five feet lower than existing grade and the overall height of the ~arage shall not exceed 23 feet. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to ~ building permits. The applicant shall pay all applicable fees, including school fees, which are presently $1.93 per square foot of assessable space (living area) prior to building permit issuance. The fee amount shall be based on the rates in effect at the time of building permit issuance. The developer shall pay an Affordable Housing In-Lieu Fee in the amount of $4,500 ( based on a 3,153 square foot residence). Approval of this request shall not 31lance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. L plumbing fixtures and Iow water usage irrigation sl~all be installed within th 'Jence and the surrounding landscaping. 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 ord' rfect at the time of building permit issuance. All created or cleared slopes of 5:1 or greater shall be landscaped and irrigated prior to final occupancy. The residential driveway shall I: J ' 17.08.170D of the Poway Municipal Code. lh Section This approval shall become null and void if building p : issued for this project within two years from the date of project approval. Resolution No. P-98-48 Page 4 45. 56. Grading plan for the development of the property shall be submitted to the City's Engineering Services Department for review and approval prior to ; a grading permit and start of grading operation unless grading involves earthwqrk l of less than 50 cubic yards. If no grading is required, a certification from a state Registered Civil Engineer indicating the amount of earthwork shall be furnished to said City's Engineering Services Department and a $500.00 inspection fee shall be paid prior to building permit issuance. Erosion control, including but not limited to desiltation basins, shall be installed and maintained from Oct. 15th to April 15th. ^ plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make provisions to insure the proper : all lrol devices throughout their intended life. A drainage system capable of handling and disposing all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any and as required by the Director of Engineering Services to propedy handle the drainage. Applicant shall fully improve Stone Canyon Road fronting the property in accordance with Poway Municipal Code. Necessary right-of-way dedication shall be made. Improvement plans shall be approved prior to grading plan approval. Proposed and existing utility lines and appurl gas, electric, telephone and other public lall be shown on the improvement plans. 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-~vay or any City-held easement. Said work shall include, but is not limited to, construction of driveway approach, sewer lateral installation, line installation, and street The following development fees shall be paid to the Engineering Services Department prior to building permit issuance. These fees are currently in effect and are subject to change. APF Water Meter =$140.00 Resolution No. P-98-48 Page 5 (If existing ~ ' upgraded to 1" size for fire sprinklers The following fees shall be paid or a secudty bond posted prior to issuance of a building permit. If a secudty bond is posted, payment of the fees shall be made prior =a Certificate of Occupancy. Once payment is received in full said secudty bond could be released to the applicant. Drainage =$950.00 Tmffic Mitigation =$990.00 Park =$2,650.0 E DEPARTMENT OF SAFETY SERVICES Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering per City of Poway Ordinance #64. Approved numbers or addresses shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background. Address shall be required at private driveway entrances. Each chimney used in conjunction with any fireplace shall arrester. with a spark Every building hereafl' ~ed shall be accessible to Fire Department apl~aratus by way of :lways with all-weather driving surface of not less than 16 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum of 13' 6" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. This dwelling is being built on a parcel size of .55 acres and is beyond 350 feet from the nearest fire hydrant. The dwelling will have to have standby water for firefighting and a residential sprinkler system. Contact the Fire Prevention Bureau for details. (Fire hydrant as noted). A residential fire sprinkler system with a one inch meter will be required. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (if a one inch lateral offthe street main is currently not present, one will have to be installed). -- Resolution No. P 98-48 Page 6 PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California, at a re§ ' ;I thereof this 1st day of September, 1998. J~ldby,~e~u~ayor' ATTEST: Lo'ri ~n'e p~eoples, City CleCk STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P-98-48 was duly adopted by the City Council at a meeting of said City Council held on the 1st day of September, 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, 60LDBY, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON Peoples, City Clerk City of Poway