Res P-16-06RESOLUTION NO. P -16 -06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 16 -001
ASSESSOR'S PARCEL NUMBER 323 - 270 -06
WHEREAS, Variance (VAR) 16 -001, submitted by Peter and Sheila Maglaque,
Applicants, request approval to allow the construction of an up to 8.5- foot -high wall and
fence combination along the west property line when the maximum allowable height is 6
feet on the property located at 13060 Welton Lane, within the Residential Single - Family
2 (RS -2) zone; and
WHEREAS, on March 15, 2016, 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 from the California Environmental
Quality Act (CEQA), as Classes 1 and 5 Categorical Exemptions, Sections 15301(e)
and 15305(a) of the CEQA Guidelines, in that the project involves the construction of an
accessory structure and a minor alteration in land use limitations on a developed single -
family property which will not result in changes in land use or density.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code (PMC), to approve Variance 16 -001, 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 include the fact that the subject site is
at a higher elevation than the neighboring property to the west and the useable
rear yard of the property is limited because the subject property does not meet
the minimum lot depth requirement for the RS -2 zone and approximately one third
of the property is not developable because of an open space easement. These
circumstances do not afford the opportunity to provide the same degree of rear
yard privacy and screening enjoyed by other residential properties in the area
without further reducing the useable rear yard area; 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 it is
reasonable for the subject property to be afforded the same degree of rear yard
privacy and screening enjoyed by other residential properties; and
Resolution No. P -16 -06
Page 2
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 required Building Permit approvals and inspections would need to be
obtained to ensure the structural integrity of the fence and the proposed fence
will be constructed in a color that will complement the existing retaining wall; 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 it is
reasonable for the subject property and the lower -lying neighboring property to
the west to be afforded the same degree of rear yard privacy and screening
enjoyed by other residential properties in the area; 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
the installation of fencing on a residential property is permitted within the zone;
and
F. Granting the Variance will be compatible with the Poway General Plan because
privacy fencing is permitted within the zone and does not result in a density
increase.
Section 3: The City Council hereby approves VAR 16 -001 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.
Resolution No. P -16 -06
Page 3
D. The conditions of Variance 16 -001 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 or fencing material to the existing
retaining wall, approval shall be obtained to allow the wall to be up to 8.5 feet
high.
The building plans shall note that the existing and proposed wall will have
a muted gray colored stucco finish on the exterior.
2. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein.
3. A final inspection from the appropriate City departments is required.
Section 4: The approval of VAR 16 -001 shall expire on March 15, 2018, 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 15th day of March 2016.
Steve Vaus, Mayor
ATTEST:
& ` 9�
Linda K. ascup, I Clerk
Resolution No. P -16 -06
Page 4
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda K. Hascup, Interim City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -16 -06 was duly adopted by
the City Council at a meeting of said City Council held on the 15th day of March, 2016,
and that it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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Linda K. Hascup, Interim City Clerk
City of Poway