Res P-99-42RESOLUTION NO. P-99-42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-04
ASSESSOR'S PARCEL NUMBER 275-500-27
WHEREAS, Variance 99-04 submitted by Mark Kalish, applicant, requests a
vadance to allow the construction of an addition to the garage totaling 221 square feet onto
the residence located at 13652 Acorn Patch Lane 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,
or otl~ described in this resolution begins on the effective date of
th' :1 any such protest must I; that complies with Section 66020.
WHEREAS, on May 25, 1999, the City Council held a duly advertised public hearing
to solicit from the public, both pre and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that Variance 99-04 is 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.
o
The approved project ' l with the General Plan in that it involves
th : an addition to a single family resid lich 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 de 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 (0.6 acre). The existing floor plan design and site development, as
well as the sloping topography of the lot also limit where additional
development
Resolution No. P- 99 - 42
Page 2
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed by
other properties 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 iml; ~ vicinity and zone in which the property is located in
that th 3ment should not result in a d ~ privacy on adjoining
lots because of a large distance between the subject house and the
neighboring home to the west and the existing mature landscaping in the
area that buffers the properties.
That the granting of this variance does not constitute a special privilege
I 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 Ly 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 ordedy 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 City Council hereby approves Variance 99-04 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.
Resolution No. P- 9 9- 4 2
Page 3
:S DEP
CONDITIONS:
*iT
WITH THE FOLLOWING
Site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein.
Revised site plans and building elevar )orating all conditions of approval
shall be submitted to the Development Services Department prior to '
building permits.
Approval of these req lall not 31lance with all : the
Zoning Ord :1 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 fect at the time of building
permit issuance.
The appropriate Building Division approvals and fees shall be received prior to the
start of
All created slopes of 5:1 or greater shall be landscaped and a permanent Iow-
' '3ation system shall be installed prior to final occupancy.
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 ENGINEERING DIVISION OF THE DEVELOPMENT
SERVICES DEPARTMENT.
Grading of the subject property shall be in accordance with the Uniform Building
Code, City Grading Ordinance, approved grading plan and geotechnical report
where required, and accepted grading practices.
A grading plan for the development of the property shall be submitted to the City's
Engineering Division. 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 Division and a $500 inspection fee shall be paid prior to
building permit issuance.
Resolution No. P- 99- 42
Page 4
The I a driveway if applicable, shall comply with the standards and
specifications provided in section 17.08.170D of the Poway Municipal Code. The
· ' :tural section shall be shown on the grading plan. Completion of the
driveway must be accomplished prior to issuance of a Certificate of Occupancy.
Construction inspection shall be performed by the Engineering Division inspectors.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 25th day of May, 1999.
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 25 t h day of
1999, and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: REXFORD
ABSENT: EMERY
L~OO F~nne Peoples, Ci~l;rk
City of Poway