Res P-99-78RESOLUTION NO. P-99-78
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-14
ASSESSOR'S PARCEL NUMBER 273-161-05
WHEREAS, Variance 99-14 submitted by Donald Rowean, applicant, requests a
vadance to allow a 325 square foot addition to observe a 10 foot front yard setback when
the Residential Single Family 4 zone requires a 25 foot front yard setback. The property
is located at 13540 Cloudcroft Court.
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 b that complies with Section 66020.
WHEREAS, on November 9, 1999, 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 Variance 99-14 is exempt from the provisions of the
California E Quality Act, Categorical Exemption Class 5, in that it is a
minor alteration to land use limitations and Class 1, it is an addition to a single
family residence.
The approved project ' I 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 include the fact that the lot is irregular in shape,
the street right-of-way varies from 7-12feet along the frontage and the
Resolution No. P- 99 - 78
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existing residence was developed in accordance with old County
req :1 o1~ 3proximate 12 foot front yard setback along
the cul-de-sac frontage.
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 welfare, ' ' to the properly
or imp ~ vicinity and zone in which the property is located in
that other properties within the area and zone have been developed
observing less than the currently required 25 foot front yard setback.
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 been constructed on other lots in the
Residential Single Family 4 zone.
That the granting of th' does not allow th ty 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 Residential Single Family 4 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.
That the approved project encourages the orderly and h
apl: : :1 property within the City in that the addition will
be architecturally integrated into the design of the existing residence.
The City Council hereby approves Variance 99-14 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-99-78
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CE WITH THE FOLLOWING CONDITIONS:
Site shall be developed in accordance with the approved site plans on file in the
Planning Division and the condit' -I heroin.
Revised site plans and building elevat' )orating all conditions of approval
shall be submitted to the Planning Division prior 1 :building permits.
Approval of this requirement shall not waive compliance with all sections of 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 Firo
Code, and all other applicable codes and ord ~'ect 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 to the Poway Unified School District. C
evidence of payment shall be provided to the Planning Division prior t
building permits.
All created slopes of 5:1 or groater shall be landscaped and a permanent Iow-
volume irrigation system shall be installed prior to final occupancy.
10. This approval shall b II and void if building permits have not been issued
-- within two years of the date of approval of the project.
Resolution No. P- 99-78
Page 4
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 9th day of November 1999.
ATTEST:
Lori Anne Peoples, City
Micha"erP. Cafagn.
?
~yor
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- 78 was duly adopted by the
City Council at a meeting of said City Council held on the 9th day of November, 1999, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ne Peoples, City C~rk
City of Poway