Res P-06-02
RESOLUTION NO. P-06-02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 05-14
ASSESSOR'S PARCEL NUMBER 273-820-15
WHEREAS, a request for a Variance (VAR) 05-14 was submitted by Rabbi
Goldstein (Chabad of Poway) to reduce the front yard setback of 40 feet to 10.5 feet
from Espola Road to permit a proposed trellis patio cover and an existing playground
shade structure to encroach into this setback; and
WHEREAS, on January 10, 2006, 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 property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 05-14 for the trellis patio cover and the existing playground
shade structure to observe a 1 0.5-foot setback instead of the required 40 feet as shown
on the plan dated October 10, 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 religious facility on the property that constrains the location of the
proposed trellis patio cover and existing playground shade structure, and the
strict application of the Zoning Code front yard setback for the covers would
deprive the property of privileges enjoyed by other properties in the vicinity and
same zone. The property is irregular in shape, with two road frontages, and a
minimum 50-foot building setback is required on the western property line. The
property is approximately 3.5 feet below the grade of Espola Road and the trellis
patio structure will be partially visible from the street or nearby residences.
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 an unusually shaped lot, larger setback requirements
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and topographic challenges that do not exist on nearby residential properties and
the installation of the two structures 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 two structures will maintain a 10Y:z foot
setback from the street.
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
adjoining properties are not so physically burdened, as is the subject site.
E. Granting the Variance would not allow a use not otherwise expressly authorized
by the RR-C zone because religious uses are a permitted use in the residential
zone with the approval of a Conditional Use Permit.
F. Granting the Variance will be compatible with the City's General Plan because
the use is permitted with the approval of a Conditional Use Permit and does not
result in a density increase.
Section 3: The City Council hereby approves Variance 05-14, to allow the installation of
a trellis patio cover and an existing playground shade structure, for the Chabad of
Poway, located at 16934 Chabad Way, in the Rural Residential C (RR-C) zone, as
shown on the plans dated October 10, 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 trellis patio cover and the existing
playground shade structure, including the support structure.
D. Prior to Building Permit issuance the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein.
2. The building plans shall show any proposed exterior lighting for the patio.
The plans shall show the style, size, color and location of the proposed
lighting. All exterior lighting shall be shielded so that it does not project
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onto the public streets or adjoining properties. Lights shall be turned off
between the hours of 11 :00 p.m. and sunrise.
3. The building plans shall note the colors and materials the patio cover. The
colors and materials shall be compatible with the existing building to the
satisfaction of the Director of Development Services.
E. Compliance with the following conditions is required prior to final inspection:
1. All existing and new utilities within the project shall be placed
underground, to the satisfaction of the Director of Development Services.
2. Trees and shrubs shall be planted in the landscape area in front of the
wall on Espola Road. The plantings shall be of a sufficient size and
number to replace what was recently damaged.
3. All landscaping, including areas within the adjacent public right-of-way,
shall be adequately irrigated, and permanently and fully maintained by the
owner at all times in accordance with the requirements of the City of
Poway Guide to Landscape Requirements. The trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Trees should be trimmed or pruned as needed to develop strong
and healthy trunk and branch systems. Tree maintenance and pruning
shall be in accordance with "American National Standard for Tree Care
Operations", latest edition (ANSI A300). Trees shall not be topped and
pruning shall not remove more than 25% of the trees' leaf surface.
Section 4: The approval of Variance 05-14 expires on January 10. 2008. at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the
Variance approval and the use has commenced prior to its expiration.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 10th day of January 2 06.
ATTEST:
~~~
Resolution No. P-06-02
Page 4
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-06-02 was duly adopted by the City
Council at a meeting of said City Council held on the 10th day of January 2006, and that
it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES: NON
ABSENT: REXFORD
DISQUALIFIED: NONE
. Di ne Shea, City Clerk
City of poway