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Res P-15-26RESOLUTION NO P -15 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING VARIANCE 15 -004 ASSESSOR'S PARCEL NUMBER 321 - 020 -41 WHEREAS, Variance (VAR) 15 -004, submitted by David and Cathy Haessig, Applicants, request approval to allow a wall within the front yard setback to exceed the 6- foot height limit on a residential property located at 14802 Espola Road, in the Residential Single - Family 2 (RS -2) zone, and WHEREAS, on November 3, 2015, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application, and WHEREAS, the Poway Municipal Code establishes findings required for granting a Variance NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows Section 1 The project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) of the CEQA Guidelines, in that the project involves an accessory structure to a developed residence Section 2 The findings, in accordance with Section 17 50 050 of the Poway Municipal Code (PMC), to approve Variance 15 -004, are made as follows A. That there are special circumstances applicable 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 with the identical zoning classification The special circumstances includes the fact that the site is along a mayor street and the residence and outdoor areas are exposed to loud traffic noise, which will be lessened by increasing the existing six foot high wall to 8 -feet; and B Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone, and denied to the property for which the Variance is sought, in that the site is located along Espola Road, a major road and is subjected to traffic noise levels in excess of what is experienced on many properties in the vicinity Increasing the height of the existing wall within the front yard area to eight feet will result in a reduction of noise levels on the property; and C Granting the Variance would not be materially detrimental to the public health, safety or welfare in the vicinity and zone in which the property is located in that the wall will be designed to comply with applicable building code requirements that will Resolution No P -15 -26 Page 2 be ensured through the building permit review, approval and inspection process and a Variance will allow a continuation of an existing wall at the same height, and D Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that many of the properties in the area are not located immediately adjacent to Espola Road justifying the need for the Variance, and E Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zoning development regulations governing the property, in that walls are allowable in residential zones, and F Granting the Variance will be compatible with the Poway General Plan A policy of the Public Safety Element of the General Plan is to promote development that ensures a safe and pleasant acoustical environment for the residents of Poway Section 3 The City Council hereby approves VAR 15 -004 subject to the following conditions A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B Approval of this Variance shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance C Within 30 days of the date of this approval the applicant shall submit in writing that all conditions of approval have been read and understood D The conditions of Variance 15 -004 shall remain in effect for the life of the subject structure, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner E Prior to adding the additional courses of block to the existing six foot high wall Resolution No P -15 -26 Page 3 within the front yard, approval shall be obtained for a revision to the existing Building Permit to allow the wall to be eight feet high 1 The building plans shall note that the existing and proposed wall will have a muted gray colored stucco finish on the exterior 2 The wall and any associated posts or supports shall be limited to 8 feet in height 3 The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein 4 A final inspection from the appropriate City departments is required Section 4 The approval of VAR 15 -004 shall expire on November 3, 2017, at 5 00 p m , unless prior to that time a Building Permit has been issued and construction of the wall has commenced on the property Section 5. The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094 6 of the California Code of Civil Procedure PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 3rd day of November 2015 Steve Vaus, Mayor ATTEST Rosa Maria MM fi z, Deputy City Clerk Resolution No P -15 -26 Page 4 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Rosa Maria Martinez, Deputy City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No P -15 -26 was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of November 2015, and that it was so adopted by the following vote AYES LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS NOES NONE ABSENT NONE DISQUALIFIED NONE Rosa Maria Martinez, Deputy City Clerk City of Poway