Res P-99-47RESOLUTION NO. P-99-47
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-05 AND MDRA 99-54
ASSESSOR'S PARCEL NUMBER 275-650-48
WHEREAS, Variance 99-05 and Minor Development Review 99-54 submitted by
John and Linda Rogers, applicants, request a variance to allow the of
additions totaling 1,212 square feet onto the residence located at 12631 Cedar Tree Way
within the Rural Residential C zone. The applicants are also requesting a variance
appreval to allow portions of the additions onto the frent of the residence to observe a 10
foot front yard setback when a 40 foot front yard setback is required within the Rural
Residential C zone.
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 June 22, 1999, the City Council held a duly advertised public
headng to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Sel
The City Council finds that Variance 99-05 and Minor Development Review 99-54
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.
The approved project' : with the General Plan in that it involves
the construction of an addition to a single family resid ~ich is
designated for residential use.
That there are special ~plicable to the preperty, and because
of this, the strict application of the Zoning Ordinance deprives the property
of privileges enjoyed by other preperties in the vicinity under identical zoning
classification.
Resolution No. P-99-47
Page 2
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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 (0.5 acres). The existing floor plan design and easement
encumbrances 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 well' ' ' to the property
or imp 3 vicinity and zone in which the property is located in
that other properties within the Summerfield Estates area have been
developed observing minimal front yard setbacks of approximately 15 feet
or less.
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 residential additions have I: ~ed on other lots in the RR-C
zone.
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 RR-C zone.
That the approved project will not have an 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.
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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.
MDRA
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.
Resolution No. P- 99-47
Page 3
2. The development encourages the orderly and h apl;
structure and property within the City through il ! with the high
standards for residential development throughout the City.
The City Council hereby approves Vadance 99-05 and Minor Development Review
99-54 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.
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~,RDIN¢ ;E WITH'
Site shall be developed in accordance with the approved site plans on file in the
Planning Division and the condit' :1 herein.
Revised site plans and building elevar )orating all conditions of approval
shall be submitted to the Planning Division prior t : building permits.
Approval of this requirement shall not waive compliance with all sections of the
Zoning Ord' J 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 construction.
All existing on-site utility poles shall be removed and all new utilities shall be
installed underground. PI ' :SDG&E Planning Division. Completion of
undergrounding 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.
Resolution No. P- 99-47
Page 4
All created slopes of 5:1 or greater shall be landscaped and a permanent Iow-
' '3ation system shall be installed prior to final occupancy.
10.
This approval shall b il and void if building permits have not been issued
within two years of the date of approval of the project.
GRADING
11.
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.
12.
A grading plan for the development of the property shall be submitted to the City's
Development Services Department 1' ~1 approval prior to ' ! a
grading permit and start of grading operation, unless grading involves earthwork
l of less than 50 cubic yards. However, if the operation requires more
than 50 cubic yards of grading orthe cut is moro than 2 feet and the fill is moro than
1 foot, then a grading permit would be roquirod. A grading plan, if requirod, shall
be drawn to a scale of 1" = 20' or larger. If no grading is requirod, a certification
from a State Registered Civil Engineer indicating the amount of earthwork shall be
furnished to City's Development Services Department, and a $500 inspection fee
shall be paid prior to building permit issuance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
13.
Roof covering shall meet Class A firo retardant testing as specified in the Uniform
Building Standards No. 32-7 for fire retardant roof covering materials per City of
Poway Ordinance #64.
14.
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. The addross may be requirod at
private driveway entrances.
15.
Each chimney used in
spark arrester.
with any fireplace shall be
-I with a
16. ·
Every building hereafter :1 shall be accessible to firo 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 ' ' f 13' 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-99-47
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PUBLIC SERVICES.
17. The additions shall not encroach into the drainage or open sp the
property.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 22nd day of June, 1999.
Michael P. Cafa~ ~yor
ATTEST:
Lori Anne 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. P- 99-47 , was duly adopted by the
City Council at a meeting of said City Council held on the 22nd day of June, 1999, and that
it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: EHERY
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
Lori Anne ~eoples, City Clerk'
City of Poway