Res P-06-32
RESOLUTION NO. P-06-32
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 06-04
ASSESSOR'S PARCEL NUMBER 323-090-67
WHEREAS, the City Council approved Tentative Tract Map (TTM) 04-02 to
subdivide an approximately 17.0-acre, vacant property located at the southern terminus
of Welton Lane into six (6) residential lots and three (3) open space lots. The subject
vacant property is located within the Rural Residential C (RR-C) zone and the Gate
Drive Specific Plan area; and
WHEREAS, the City Council approved Variance 05-19 and Development Review
05-11 to construct six (6) single-family homes on six (6) lots of TTM 04-02, a guest
house, and two (2) unlighted recreational courts, and to allow a 10-foot-high chain link
fence for a recreational court on Lot 1 to be located within three (3) feet of a series of
two retaining walls, where a series of two retaining walls andlor fences is the maximum
allowed, and where the wall and fence are required to be offset by five (5) feet of
landscaping; and
WHEREAS, a request for a Variance (VAR 06-04) was submitted by Ted Neher
for approval to construct photovoltaic panels within the required front yard setback of
Lot 1 of TTM 04-02 that is located at the southern terminus of Welton Lane, within the
Rural Residential C (RR-C) zone and the Gate Drive Specific Plan area. The 100-foot-
long series of panels would encroach up to 15 feet into the required 40-foot front yard
setback; and
WHEREAS, on May 4, 2006, the application for Variance (VAR) 06-04 was
deemed complete; and
WHEREAS, on June 20, 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 Variance is Categorically Exempt from the California Environmental
Quality Act (CEQA), as a Class 5 Categorical Exemption, pursuant to Section 15305 of
the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on a property with an average slope of less than 20 percent. Therefore, no
additional environmental review is required.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code, to approve Variance 06-04 for a solar photovoltaic system to observe a
25-foot front yard setback instead of the required 40 feet as shown on the plan dated
April 5, 2006, and on file in the Planning Division office are made as follows:
Resolution No. P-06-32
Page 2
A. That there are special circumstances applicable to the property that would
deprive the property of privileges enjoyed by other properties in the vicinity and
same zone. The special circumstances include the fact that the subject property
is irregularly shaped and the developable area of the property is greatly reduced
by a disproportionately long front property line; and
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 and the installation of a solar
photovoltaic system is in accordance with the Poway Municipal Code; and
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 located to minimize visual impact to surrounding properties; and
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone, and the
installation is consistent with City Codes and in that other solar photovoltaic
systems have been approved in the vicinity and zone; and
E. Granting the Variance would not allow a use not otherwise expressly authorized
by the Rural Residential C (RR-C) zone because solar photovoltaic systems are
a permitted use in the residential zone; and
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 (VAR) 06-04 to construct
photovoltaic panels within the required front-yard setback of Lot 1 of TTM 04-02 that is
located at the southern terminus of Welton Lane, within the Rural Residential C zone
and the Gate Drive Specific Plan area per the plans submitted on April 5, 2006, and
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
the support structure and all associated electrical connections.
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.
Resolution No. P-06-32
Page 3
2. The Building Plans shall be modified to show the 25-foot front yard
setback from the edge of the road easement.
3. A landscape plan and fees shall be submitted to the Development
Services Department for review and approval. The landscape plan shall
show shrubs along Sky Mountain Trail and the east property line to screen
the panels from view from the east and from the street.
4. A Building Permit for a residence on the site shall have been issued.
E. Compliance with the following conditions is required prior to final inspection and
operation of the system:
1. Remove all vegetative fuels underneath and within 10 feet of all panel
structures, to the satisfaction of the Director of Safety Services. Panels
and support structures to be constructed of non-combustible materials.
2. All existing and new utilities within the project shall be placed
underground, to the satisfaction of the Director of Development Services.
Section 6: The approval of Variance (VAR) 06-04 shall expire on June 20. 2008. at
5:00 p.m., unless, prior to that time. a Building Permit has been issued for the solar
panels and construction on the property in reliance on the Variance has commenced
prior to their expiration.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 20th day of June 2006.
ATTEST:
~~~
L. Diane Shea, City Clerk
Resolution No. P-06-32
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-06-32 was duly adopted by the City
Council at a meeting of said City Council held on the 20th day of June 2006 and that it
was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway