Res P-99-23 RESOLUTION NO. P- 99-23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-02 AND MDRA 99-05
ASSESSOR'S PARCEL NUMBER 275-500-10
WHEREAS, Variance 99-02 and Minor Development Review 99-05 submitted by
Randy Richmond, applicant, req to allow the construction of a new single-
family home and detached cabana which will encroach into the required side and rear
setbacks on the property located at 13668 Orchard Gate Drive within the Rural Residential
C zone; and
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;
and
WHEREAS, on March 30, 1999, the City Council held a duly advertised public
headng to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section
The City Council finds that Variance 99-02 and Minor Development Review 99-05
are exempt from the provisions of the California E Quality Act,
Categorical Exemption Class 5, a minor alteration to land use I:1 Class
1, an addition to a single family residence.
S 2: Findi
Varian¢
The approved project ' l with the General Plan in that it involves
th "an addition to a single family resid 3ich is
designated for residential use.
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.
The special :le the fact that the RR-C zone setbacks are
based on lots that are a ' ' i one acre in size and the subject lot is
smaller (0.58 acres). The subject lot is also irregular in dimension which
limits the area in which building to an unusually small part of the
lot.
Resolution No. P- 99- 23
Page 2
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 in that there are other homes which have been built in the immediate
area with ten foot side yard setbacks and also with detached accessory
s! ~ich to the rear property line.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or well ' ' to the property
or iml; 1 vicinity and zone in which the property is located in
that th lment should not result in a d i privacy on adjoining
lots because of existing mature landscaping in the area that buffer the
properties as well as differences ' , ~the surrounding properties.
That the granting of this variance does not constitute a special privilege
: with the I ;)on other properties in the vicinity and zone.
That the granting of th' does not allow th :y 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: ~ structures and property within the City in that the additions will
be architecturally integrated into the design of the existing residence.
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.
2. The development encourages the orderly and h appearance of
si :1 property within the City through its ! with the high
standards for residential development throughout the City.
;il Decision:
The City Council hereby approves Variance 99-02 and Minor Development Review
99-05 subject to the following conditions:
Resolution No. p_ 9 9 - 2 3
Page 3
Within 30 days of approval the applicant shall submit in writing that all
conditions of approval have been road and understood.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the condir :1 herein.
Revised site plans and building elevar )orating all conditions of approval
shall be submitted to the Planning Services Department prior 1 ! building
permits.
Approval of this roquires shall not
Ord' :1 all other applicable City Ord
permit issuance.
31lance with all I the Zoning
effect at the time of building
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' fect at the time of building
permit issuance.
An Affordable Housing In-Lieu Fee in the amount of $4,500 shall be paid prior to
building permit issuance.
All existing on-site utility poles shall be removed and all new utilities shall be
installed underground. Please contact SDG&E Planning Division. Completion of
under grounding shall be accomplished prior to issuance of Certificate of
Occupancy.
7. Low flow plumbing is roquirod 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. A higher fee is being
considered for adoption during the month of April by the Poway Unified School
District.
All created slopes of 5:1 or greater shall be landscaped and a permanent Iow-
';lation system shall be installed prior to final occupancy.
10.
A dense landscape scroen shall be installed behind the pool cabana along the
common property line with neighbors to the northeast.
Resolution No. p- 99- 23
Page 4
11.
This approval shall b II and void if building permits have not been issued
on the project within two years from the date of this approval.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICE.
GRADING
A grading plan for the development of the property shall be submitted to the City's
Engineering 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 permit issuance.
E Irol, including but not limited to desiltation basins, shall be installed and
maintained from October 15 through April 15. An erosion control plan shall be
prepared by the project Engineer and shall be submitted as part of the grading plan.
The developer shall make provisions to ensure the proper maintenance of all
lrol devices throughout their intended life.
A drainage system capable of handling and disposing all sud' '3inating
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
:1, :luired by the Director of Development Services to
propedy handle the drainage.
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.
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.
The following development fees shall be paid to the Engineering Division prior to
building permit issuance. These fees are currently in effect and are subject to
change without prior notice.
Water Meter(3/4" size)
Water Lateral
Water Base Capacity
=$130.00
=$1,430.00
=$3,710.00
Additional $140.00 is required if 1" meter is
)rinklers
Resolution No. P- 9 9- 2 3
Page 5
County Water Authority =$1,585.00 to County Water
Authority
Sewer fees were paid previously. Applicant shall install sewer lateral to
th
The following fees shall be paid or a security bond posted prior to issuance of a
building permit. If a security bond is posted, payment of the fees shall be made
prior to ' ! a Certificate of Occupancy. Once payment is received in full
said security bond could be released to the applicant. These fees may change at
any time without p '
Drainage =$950.00
Traffic Mitigation=$990.00
Park =$2,720.00
The construction of driveway shall comply with the standards and specifications
provided in section 17,08.170D of the Poway Municipal Code. The minimum
structural section shall be shown on the grading plan. Completion of the driveway
must be accomplished prior I : a Certificate of Occupancy. Construction
inspection shall be performed by the Engineering Division inspectors. The driveway
construction cost shall be included in the cost estimate for plan checking and
d f inspection fees.
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 property. Said
numbers shall contrast with their background. Address shall be required at private
driveway entrances.
Each chimney used in
spark arrester.
with any fireplace shall be maintained with a
o
Every building hereafter ' J shall be accessible to fire department
apparatus by way of access roadways with all-weather driving surface of not less
than 16' 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.
_ Resolution No.p - 99 - 23
Page 6
Dead end access roadways in excess of 150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus.
IIREMENTS FOR DEAD-END & LOOPED ACCESS
LENGTH WIDTH
*0' - 150' 20'
'150'-500' 20'
None Required
70' Diameter Cul-de-Sac
70' Hammerhead
*Curves and topographical conditions could alter the requirements for turnarounds
and the width of ,Cs.
A residential fire sprinkler system with a one-inch meter will required. Plans shall
be submitted to the Fire Prevention Bureau for approval prior to installation. (If a
one-inch lateral off the street main is currently not present, one will have to be
installed).
Note: a 20 foot wide
:1 is required on the hammerhead.
APPROVED and ADOPTED by the City Council of the City of Poway,
California, this 30th day of March, 1999.
ATTEST:
ate of
Micha-~lP. Ca~.~Mayor
Lori Anne Peoples, City C_,lerk
_ Resolution No. p- 9 9 - 2 3
Page 7
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 30th day of
1999, and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: N 0 N E
ABSENT: EMERY
L~3ri~Anne Peoples,
City of Poway