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