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Res P-16-26RESOLUTION NO. P -16 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DENYING VARIANCE 16 -004 ASSESSOR'S PARCEL NUMBER 317 - 060 -36 WHEREAS, an application was submitted by Michael Salazar on July 11, 2016 (Variance 16 -004): a request to allow greater than 50 percent front yard lot coverage with concrete at an existing residence located at 13529 Frame Road, within the Residential Single - Family 7 (RS -7) zone; WHEREAS, on September 20, 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, Section 17.50.070 of the Poway Municipal Code (PMC) establishes findings required for granting a Variance as follows: A. That there are special circumstances applicable to the property, (size, shape, topography, location, or surroundings) or the intended use of the property, and because of this, the strict application of the zoning development Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification; B. That granting the Variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and zone and denied to the property owner for which the Variance is sought; C. That granting the Variance or its modification will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; D. The granting of this Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; E. The granting of this Variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation governing the parcel of property; and F. That granting the Variance or its modification will not be incompatible with the City's General Plan. Resolution No. P -16 -26 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The proposed project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(4) of the CEQA Guidelines, as the project is proposed to be rejected or disapproved by the public agency, in that the project has been rejected or disapproved by the public agency. Section 2: All the required Variance findings cannot be made to allow greater than 50 percent of the front yard to be covered with concrete. Finding A, B, D, E and F cannot be made as follows: A. Finding A - There are no special circumstances applicable to the property which warrant granting the Variance. The property is developed similarly to other properties in the area. That there are no unique property characteristics such as size, shape, topography, location or surrounding that is different than those in the area; and B. Finding B - Granting the Variance is not necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity. It is acknowledged that paving the entirety of the front yard would reduce water consumption, however, there are other means to reduce water consumption that would further this objective, including but not limited to drought tolerant landscaping, use of artificial turf and /or other landscape materials such as decomposed granite, gravel or mulch. The property owner has already installed the concrete within the front yard setback area without City approval, even after being notified by City staff not to. Additionally, it is important to note that City -wide, there are many residential properties, including those in the neighborhood that experience the same parking issues experienced by the property owner. The granting of this variance would actually set precedence for the other properties to do the same; and C. Finding D - Granting the Variance would constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. No other properties in the vicinity have approval to exceed the allowable front yard coverage. This property and the way that it is developed is similar to the majority of the other properties in the area; and D. Finding E — The granting of this variance would allow a use or activity which is not otherwise expressly authorized by the zoning development regulations of the property. The paving of greater than 50 percent of the front yard would allow and encourage more parking and storage in the front yard and would be counter to the front yard landscape requirements of the PMC. Resolution No. P -16 -26 Page 3 E. Finding F - Granting of the Variance conflicts with the City's General Plan Landscape Policy G, Strategy 3, which states that "The front yard area of all single - family homes shall be fully landscaped. Accent paving and hardscape (including boulders dry streambeds patterned concrete etc.) is encouraged provided that the predominant landscape elements are trees, shrubs and ground covers." Section 3: The City Council does hereby deny Variance 16 -004. The property owner shall bring the front yard concrete installation into compliance with PMC requirements Section 15.06.020 and Section 17.08.170(d)(2) within 60 days of this action. 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. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway California at a regular meeting this 18th day of October 2016. teve Vaus, Mayor ATTEST: Na cy euf6ld, MC, City Clerk Resolution No. P -16 -26 Page 4 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California do hereby certify under penalty of perjury that the foregoing Resolution No. P -16 -26 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of October 2016, and that it was so adopted by the following vote: AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Nancy Kedf`6Id,"CVC, City Clerk City of Poway