Res P-05-25
RESOLUTION NO. P-05-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 05-07
ASSESSOR'S PARCEL NUMBER 321-270-21
WHEREAS, a request for a Variance (VAR 05-07) was submitted by Robert
Faaborg to reduce the front yard setback of 40 feet to 20 feet from a private road
easement to permit a proposed solar photovoltaic system to encroach into this setback;
and
WHEREAS, on April 12, 2005, the City Council held a public hearing on the
above-referenced item; and
WHEREAS, the City Council has read and considered the agenda report for the
proposed project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 5 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on a developed single-family property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 05-07 to the solar photovoltaic system to observe a 20 foot
setback instead of the required 40 feet as shown on the plan dated February 16, 2005,
and on file in the Planning Division office are made as follows:
A. That there are special circumstances applicable to the property in that there is an
existing single-family home and barn on the property that constrains the location
of the proposed solar photovoltaic system and the strict application of the Zoning
Code front yard setback for the system would deprive the property of privileges
enjoyed by other properties in the vicinity and same zone.
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 not afforded to the property for which the Variance is sought because the
property is constrained by topographical challenges that do not exist on nearby
residential properties and the installation of solar system is in accordance with
the Poway Municipal Code.
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed solar photovoltaic system
has been designed to minimize impact of the property, by not requiring an
elaborate structure to hold the panels in the correct position to obtain the best
tracking of sunlight.
Resolution No. P-05-25
Page 2
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone because the
Variance will allow the installation of solar systems on nearby slopes with less
constraints than exist on this property, and the installation is consistent with City
Codes and in that other solar systems have been approved in the vicinity and
zone.
E. Granting the Variance would not allow a use not otherwise expressly authorized
by the RR-A zone because solar photovoltaic systems are a permitted use in the
residential zone.
F. Granting the Variance will be compatible with the City's General Plan because
the use is permitted and does not result in a density increase.
Section 3: The City Council hereby approves Variance 05-07, to allow the installation of
a solar photovoltaic system, located at 15411 Blue Crystal Trails, in the Rural
Residential A (RR-A) zone, as shown on the site plan dated February 16, 2005, subject
to the following conditions:
A. Approval of this request shall not waive compliance with any sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
Building Permit issuance.
B. Within thirty (30) days after City Council approval of the Variance, the applicant
shall submit in writing to the City that all conditions of approval have been read
and understood.
C. A building permit shall be obtained for the solar photovoltaic system including
support structure, and all associated electrical permits needed.
D. Prior to Building Permit issuance the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein.
2. The Building Plans shall be modified to show the 20 foot setback from the
edge of the access easement.
E. Compliance with the following conditions is required prior to final inspection and
operation of the system:
1. All existing and new utilities within the project shall be placed
underground, to the satisfaction of the Director of Development Services.
Resolution No. P-oS-25
Page 3
Section 4: The approval of Variance 05-07 expires on April 12, 2007, at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the
VAR approval and the use has commenced prior to its expiration.
Section 7: Pursuant to Government Code Section 66020, the gO-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 April 12, 2005.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 12th day of April 2005.
ATTEST:
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STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, L Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty
of perjury, that the foregoing Resolution No. P- 05-25 was duly adopted by the City
Council at a meeting of said City Council held on the 12th day of April 2005 and that it
was so adopted by the following vote:
AYES:
BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
EMERY
DISQUALIFIED
NONE
;;( ~~-
L Diane Shea, City Clerk
City of Poway