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Res P-98-71RESOLUTION NO. P- 98-71 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF POWAY, CALIFORNIA APPROVING VARIANCE 98-17 and MDRA 98-104 ASSESSOR'S PARCEL NUMBER 275-341-24 WHEREAS, Variance 98-17 and Minor Development Review 98-104 submitted by Dave and Teresa Price, applicants, request a variance to allow the construction of additions totaling 1,300 square feet onto the residence located at 13612 Sagewood Drive within the Rural Residential C zone. The applicants are also requesting a variance approval to allow the eastedy addition to observe a 16 foot setback when the zone requires a 20 foot setback. WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication, reservation, or otb described in this resolution begins on the effective date of this resolution and any such protest must I: that complies with Section 66020. WHEREAS, on December 15, 1998, the City Council held a duly advertised public hearing to solicit 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 98-17 and Minor Development Review 98-104 are exempt from the provisions of the California E Iai Quality Act, Categorical Exemption Class 5, a minor alteration to land use limitations and Class 1, an addition to a single family residence. Variance 98-17 The approved project ' ' ' I with the General Plan in that it involves the construction of an addition to a single family resid 3ich is designated for residential use. o That 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. Resolution No. P-98-7! Page 2 The special -le the fact that the RR-C zone setbacks are based on lots that are a ' ' ~ one acre in size and the subject lot is smaller (0.6 acres). The existing floor plan design and site development also limit where additional development = 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. = 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 th ~ment should not result in a d : privacy on adjoining lots because of existing mature landscaping in the area that buffer the properties. That the granting of this variance does not constitute a special privilege ~ with the I ~)on other properties in the vicinity and zone in that residential additions have I: :1 on other lots in the area. = That the granting of th' does not allow th Iy which is not otherwise expressly authorized by zoning development regulations governing the parcel or property in that a single family residence is a permitted use in the Rural Residential C (RR-C) zone. That the approved project will not have aC :hetic, health, safety, or architecturally related impact upon adjoining properties in that the residence has been designed so that it complies with City design standards. That the approved project encourages the orderly and h apl; I :1 property within the City in that the additions will be architecturally integrated into the design of the existing residence. MDRA 98-104 The development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, because the project has been designed to comply with City design guidelines. The development encourages the orderly and h st :1 property within the City through its standards for residential development throughout the City. appearance of ! with the high -- Resolution No. P-98-71 Page 3 The City Council hereby approves Variance 98-17 and Minor Development Review 98-104 subject to the following conditions: Within 30 days of approval the applicant shall submit in writing that all conditions of approval have been read and understood. ,ANNING SERVICES 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 1 ~ building permits. Approval of this requires shall not ~liance with all " ! the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 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' ~ect at the time of building permit issuance. The appropriate Building Department approvals and fees shall be received prior to the start of All existing on-site utility poles shall be removed and all new utilities shall be installed underground. PI :SDG&E Planning Division. Completion of under grounding shall be accomplished prior to issuance of Certificate of Occupancy. Low flow plumbing is required in all School impact fees shall be paid prior to issuance of building permits. Currently school fees are $1.93 per square foot of assessable area. All created slopes of 5:1 or greater shall be landscaped and a permanent Iow- '.~ation system shall be installed prior to final occupancy. -- Resolution No. P-98-71 Page 4 10. This approval shall b I and void if building permits have not been issued on the project by December 15, 2000. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICE. GRADING Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. A grading plan for the development of the property shall be submitted to the City's Engineer Services Department. 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 inspection fee shall be paid prior to building p A grading plan for the development of the property, prepared on a 24"x 36"standard sheet of mylar and drawn at a scale of 1" = 20', shall be submitted to the City's Engineering Services Department for approval and pay all applicable engineering and inspection fees prior to issuance of a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Engineering S ~ector's approval. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Copies of the report shall be submitted with the grading plan. 5. All new slopes shall be a 2:1 (horizontal to vertical). A final compaction report and a certification of line and grade, prepared by the project civil engineer shall be submitted upon completion of site grading. E , including but not limited to desiltation basins, shall be installed and -1 from Oct. 15th to Apd115th. An Irel 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 maintenance of all erosion control devices throughout their intended life. The construction of driveway if applicable, shall comply with the standards and specifications provided in section 17.08.170D of the Poway Municipal Code. The · ' ~ural section shall be shown on the grading plan. Completion of the driveway must be accomplished prior to issuance of a Certificate of Occupancy. Resolution No. P-98-71 Page 5 Construction inspection shall be performed by the Engineering Department inspectors. The driveway ~all be included in th for plan checking and determination of inspection fees 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 not limited to, of driveway approach, sewer lateral installation, water service line installation, and street construction. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE 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 materials, 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 properly. Said numbers shall contrast with their background. Address may be required at private driveway entrances. Each chimney used in spark arrester. with any fireplace shall be maintained with a Every building hereafter ~1 shall be accessible to fire department apparatus by way of :lways with all-weather driving surface of not less than 20' of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a ' ' 113', 6" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. o Dead end access roadways in excess of 150 feet long shall be provided with approved provisions for the turning around of Fire Department apparatus. REMENTS FOR DEAD. WAYS LENGTH WIDTH *0' - 150' 20' '150'-500' 20' None Required 70' Diameter Cul-de-Sac 70' Hammerhead -- Resolution No. P-98-71 Page 6 *Curves and topographical conditions could alter the requirements for turnarounds and the width of .Cs. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 15th day of December, 1998. Mic~ ATTEST: nne Peoples, City Clerk STATE OF CALIFORNIA ) )SS. COUNTY Of SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. was duly adopted by the City Council at a meeting of said City Council held on the 15th day of 1998, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA Lo~n ~n':e P~eoples,~C~ty ~ler~' City of Poway