Res P-16-12RESOLUTION NO. P -16 -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING DEVELOPMENT REVIEW 16 -005
AND VARIANCE 16 -003
APN: 317 - 101 -01
WHEREAS, on February 11, 2011, Neighborhood Healthcare received City
Council approval of Development Review (DR) 09 -03 and Variance (VAR) 09 -05
(Resolution P- 11 -04) to construct an 8,509- square -foot medical center on a vacant
property located at 13010 Poway Road, within the Mixed Use (MU) zone and Poway
Road Specific Plan (PRSP) area, and to: (1) allow a 10 -foot street side yard setback
where 20 feet is required, and (2) omit an eight -foot high wall required along the west
and north property lines shared with residentially zoned properties; and
WHEREAS, on June 17, 2014, Neighborhood Healthcare received City Council
approval of DR 13 -003 and VAR 13 -001 (Resolution P- 14 -03) for a revision to the
previously approved DR and re- approval of the VAR described above to allow the
applicant additional time to complete the grading and building permit processes for the
expansion; and
WHEREAS, Neighborhood Healthcare is requesting approval of DR 16 -005 and
VAR 16 -003, for a second revision to the previously approved DR and re- approval of
the Variance described above to allow the applicant additional time to complete the
grading and building permit processes for the expansion; and
WHEREAS, on June 7, 2016, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
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 a Class 32 Categorical Exemption, pursuant to Section 15332 of
the CEQA Guidelines, in that it is an infill project on a property less than five acres in
size surrounded by urban uses and without any natural habitat, is consistent with the
General Plan and zoning designation and regulations with the exception of setback and
wall variances for which findings can be made, and can be adequately served by all
required utilities and public services.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code , to approve Variance 16 -003 to: (1) observe a 10 -foot street side yard
setback where 20 feet is required, and (2) omit an eight -foot high wall required along the
east and north property lines shared with residentially zoned properties are made as
follows:
Resolution No. P -16 -12
Page 2
A. 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: (1) The access easement that exists along
the east property line can be used as a commercial driveway only and not as a
road due to topography and, therefore, measuring the setback from this
easement would be excessive and unnecessary; and (2) the topography and
separation of the subject property and project development relative to the usable
portions of adjacent residential properties negates the screening purpose of an
eight -foot high wall on the subject property; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in that: (1)
measuring a setback from an access easement that can only serve as a
commercial driveway unnecessarily reduces the developable portion of the
property; and (2) providing an eight -foot high wall on the subject property would
be excessive since it would not serve a screening purpose from adjacent
residential properties; and
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that: (1) providing a 10 -foot setback from the
easement limit will provide adequate visual and functional separation from the
adjacent commercial property; and (2) the difference in topography and the
separation between the clinic development and the usable portions of the
adjacent residentially -zoned properties will provide adequate buffering between
the clinic property and adjacent residentially -zoned properties, and providing a
wall would unnecessarily detract from the visual qualities of the landscaping on
the slopes to the west and north; and
D. Granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in
that: (1) the 20 -foot setback measured from the property line is consistent with
standard side yard setback requirements for the MU zone; and (2) the difference
in topography, distance between the usable portions of the adjacent residentially
zoned properties and the clinic development, and existing and proposed
landscaping, will adequately buffer the commercial and residentially zoned
properties; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the MU zone because a medical clinic is permitted by right; and
F. The proposed Variance will be compatible with the City's General Plan because
the use is permitted and does not result in a density increase.
Resolution No. P -16 -12
Page 3
Section 3: City Council Resolution P -14 -03 remains in full force and effect except as
modified herein.
Section 4: 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.
Section 5: The approval of DR 16 -005 and VAR 16 -003 shall expire on June 17,
2018, at 5:00 p.m., unless prior to that time, a Building Permit has been issued and
construction on the property has commenced prior to its expiration.
Section 6: Pursuant to Government Code Section 66020, the 90 -day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on June 7, 2016.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 7th day of June 2016.
eve Vaus, Mayor
ATTEST:
Nancy$Jeufeldf, CMC, City Clerk
Resolution No. P -16 -12
Page 4
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, CIVIC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P -16 -12 was duly adopted by the
City Council at a meeting of said City Council held on the 7th day of June 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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Nan 6y Neuf6Id,CMC, City Clerk
City of Poway