Res P-99-79RESOLUTION NO. P- 99-79
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-15
ASSESSOR'S PARCEL NUMBER 317-612-04
WHEREAS, Variance 99-15 submitted by Carol Breckenridge, applicant, requests
a variance to allow a proposed 724 square foot, two story addition to observe an
approximate 23.5 foot front yard setback when the Residential Single Family 4 zone
requires a 25 foot front yard setback. The property is located at 13539 Pequot Drive.
WHEREAS, pursuant to G l 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 th date of
th' J any such protest must I: that complies with Section 66020.
WHEREAS, on November 16, 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 99-15 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' l with the General Plan in that it involves
th : an addition to a single family resid ~ich 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 homes in the area
(including the subject property) were sited on the front portion of the lots
because the rear portion of the proped' : of steep hillside, thereby
limiting the amount of developable area on each property.
Resolution No. P- 99-79
Page 2
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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 property
or imp ~ vicinity and zone in which the property is located in
that other properties within the area and zone were developed observing
front yard setbacks.
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 been :1 on other lots in the
Residential Single Family 4 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 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 99-15 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.
COMF
Resolution No. P-99-79
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10.
Site shall be developed in accordance with the approved site plans on file in the
Planning Division and the cond :1 herein.
Revised site plans and building elevar )orating all conditions of approval
shall be submitted to the Planning Division prior I : building permits.
Approval of this requirement shall not waive compliance with all sections of the
Zoning Ord' ri 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 Division 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
undergrounding shall be accomplished prior to issuance of Certificate of
Occupancy.
Low flow plumbing is required in all new construction.
School impact fees shall be paid to the Poway Unified School District. C
evidence of payment shall be provided to the Planning Division prior to '
building permits.
All created slopes of 5:1 or greater shall be landscaped and a permanent Iow-
' '3ation system shall be installed prior to final occupancy.
The extedor building materials for the addition walls and roof shall be consistent in
color, type and texture with the exterior material on the existing residence.
11. 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.
Resolution No. P- 99 - 79
Page 4
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 16th day of November 1999.
ATTEST:
nne Peoples, C~ty 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 - 79 was duly adopted by the
City Council at a meeting of said City Council held on the 16th 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
nne Peoples, City~,lerk
City of Poway