Item 11 - VAR21-001;Request to Allow a Mailroom Structure to Observe a Reduced Front Yard Setback at 12421 Aria CourtMay 4, 2021, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway May 4, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Servicesp Oda Audish, Associate Planner 858-668-4661 or oaudish@poway.org CITY COUNCIL Variance 21-001; a request to allow a mail room structure to observe a reduced front yard setback at 12421 Aria Court. APN: 317-534-43 The applicant is requesting a Variance to allow a proposed 120-square foot mailroom located at 12421 Aria Court to observe a four-foot front yard setback when 40 feet is required. The required findings to support the Variance can be made based on unique circumstances applicable to the property. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The applicant is Mostafa Panah, and the property owner is Navak, LLC. The project site is an approximately 5.2-acre open space lot (Lot 8) located at 12421 Aria Court and is zoned Rural Residential A (Attachment 8). The project site is located between Aria Court on the east side and Pomerado Road on the west side and borders existing single-family residences on the north side and commercial development on the south side. Across Aria Court to the east, seven single-family homes are under construction. The property owner has applied for a Variance to allow for a 120-square-foot mailroom to observe a four-foot front yard setback. On September 18, 2018, the City Council approved Tentative Tract Map (TTM) 17-003 and Development Review (DR) 18-003, a seven-lot, single-family residential development known as Aria Estates. The subdivision also included two lettered lots. Lot A was the private street (Aria Court) and Lot B was an open space lot to be privately owned and maintained by the Homeowner Association (HOA) for Aria Estates. The purpose of the open space is to retain its natural state and provide a common area for the Aria Estates residents. Because the subdivision was subject to Proposition FF, adopted by the Poway voters in 1988, a condition of approval in the TTM 17-003 established an open space easement over Lot B that limits the use on the property to landscaping, stormwater treatment 1 of 10
May 4, 2021, Item #11facilities, and low intensity recreational uses. The easement also requires a Conditional Use Permit to be obtained for recreational development such as a common pool and pool house. The easement will not allow any further residential development. The open space Lot B contains varied topography and consists primarily of a large knoll that has been partially impacted by excavations in the early 1960s and more recently in connection with the development of the Aria Estates development. The base of the knoll facing Pomerado Road has been regraded to facilitate new landscaping along the street as required with the approval of TTM 17-003/DR 18-003. The base of the knoll facing Aria Court was regraded in order to accommodate the street, sidewalk, and stormwater treatment improvements for the subdivision. The seven homes within the subdivision are currently under construction. The post office requires that a cluster mailbox facility be installed for the future residents in Aria Estates. Some cluster box facilities consist of attaching individual mailboxes in an array that is mounted on a metal pole. The applicant is proposing to construct an enhanced version of a cluster mailbox, consisting of a mailbox array attached to a small building that will also provide additional indoor space for secure storage of package deliveries. The applicant also has plans to use a portion of the building as a tool shed for equipment used by the HOA to maintain landscaping in Lot B. The mail room is not in conflict with the open space designation. The mailroom building measures 120 square feet in size and approximately 11.5 feet high. The mailroom does not require a building permit but does require a variance because of where it is located. The applicant began construction of the structure at a convenient location for future residents, four feet from the front property line when 40 feet is required. The applicant is requesting a variance to allow the mailroom to observe a four-foot front yard setback. Chapter 17.40.070 of the PMC contains a provision whereby the City Council can allow a Variance from the terms of the Zoning Code because of special circumstances applicable to the property, which makes the strict application of the Code burdensome and restricts property rights that are enjoyed by others in the surrounding neighborhood. Variances may be granted only when the City Council determines that the granting of such a variance will not be contrary to the title and purpose of Chapter 17.40 of the PMC, and that other required findings for granting a variance can be made. The site plan and elevations are included as Attachment C and D. The required findings can be made to support the Variance based on the fact that the following unique circumstances exist on the property, which make the strict application of the Zoning Code burdensome: 2 of 10 Lot B is a common area open space lot and the proposed structure provides a necessary service for the residential neighborhood. A small accessory structure is often found in common areas of a residential neighborhood. The requested mailroom location is in a level area that has already been disturbed by grading and construction activities, and it is conveniently located in a central location and close to the street. Locating the mail room out of the 40-foot front yard setback, as shown on Attachment E, Could result in extensive grading due to steep slopes, habitat impacts, and/or interference to a required stormwater treatment facility. None of these locations would be convenient for the residents. The reduced setback would not create a negative visual impact. The mailroom is a small structure located in a common area and is primarily visible from homes within the Aria
May 4, 2021, Item #11Estates subdivision who benefit from the structure. The nearest home outside the Aria Estates is approximately 250 feet from the mailroom. As seen from the adjoining neighborhood, the building will visually blend in with the two-story homes in Aria Estates given the low profile and matching materials and colors. Staff supports the request to allow the mailroom to observe a reduced setback as requested. The required findings to grant the Variance can be found in the attached Resolution. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as Class 5 Categorical Exemption, Section 15305, in that the project involves a variance to reduce the front yard setback and will not result in changes in land use or density. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway New Chieftain on April 22, 2021. A public notice was mailed to property owners and occupants located within 500 feet of the project site. A Notice of Pending Development Application was posted at the entry to Aria Estates and visible from Danes Road. Attachments: A. Resolution B. Zoning and Location Map C. Site Plan D. Elevation and floor Plan E. Aerial Showing Required 40-Foot Setback Area Reviewed/ Approved By: Assistant City Manager 3 of 10 Reviewed By: Alan Fenstermacher City Attorney
May 4, 2021, Item #11RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING VARIANCE 21-001 TO ALLOW A MAILROOM TO OBSERVE A REDUCED FRONT YARD SETBACK; ASSESSOR'S PARCEL NUMBER 317-534-43 WHEREAS, Variance (VAR) 21-001, submitted by Mostafa Panah, applicant, and Navak, LLC, property owner, requests approval to allow a proposed 120-square foot mailroom located at 12421 Aria Court in the Rural Residential Zone A (RR-A) zone to observe a four-foot front yard setback when 40 feet is required. The mailroom will serve the Aria Estates neighborhood currently under construction; WHEREAS, on May 4, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the site plan and mailroom details for this Variance request included in the agenda report are incorporated by reference herein as Exhibit A; WHEREAS, the City Council has read and considered the agenda report for the proposed Variance request and has considered other evidence presented at the public hearing; and WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a Variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 5 Categorical Exemption, Section 15305, in that the project involves a variance to reduce the front yard setback and will not result in changes in land use or density. SECTION 2: The findings, in accordance with Section 17.50.050 of the PMC, to approve VAR 21-001, are made as follows: A. That there are special circumstances applicable to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The 5.2-acre site is an open space lot dedicated to the City of Poway which serves as a common area for the Aria Estates residents and allows for the installation and maintenance of landscaping, stormwater treatment facilities, and fencing subject to City approval. A cluster mailbox facility is commonly found near the street in a newer neighborhood. The cluster mailroom structure for the Aria Estates would allow for packages delivered to the neighborhood to be secured within the building. A mailroom building adhering to the required 40-foot front yard setback area would result in extensive grading due to steep slopes, habitat impacts, or interference to a required stormwater treatment facility. 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 zone, and denied to the property for which the Variance is sought, in that a cluster mailbox facility is common 4 of 10 ATTACHMENT A
May 4, 2021, Item #11Resolution No. 21-Page 2 in a newly developed residential neighborhood, near a street, and at a convenient location for the residents served by the facility. C. Granting the Variance would not be materially detrimental to the public health, safety or welfare of the community in that the setback of the proposed mailroom structure would allow residents to pick up their mail without creating a conflict with vehicular or pedestrian traffic in the street. Furthermore, the structure will not visually detract from the overall appearance of the residential development in the new subdivision in that the small and low-profile structure is located approximately 250 feet away from existing residences in the neighborhood to the east (most adjacent). As seen from the adjoining neighborhood, the building will visually blend in with the two-story homes in Aria Estates. D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that a curbside cluster mailroom facility is common in a newer residential neighborhood. The enhanced cluster mailroom building would allow for packages delivered to the neighborhood to be secured within the building. E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zoning development regulations governing the property in that cluster mailroom facilities are often found in a common area of a residential neighborhood. F. Granting the Variance will be compatible with the City of Poway General Plan because although the mailroom would encroach into the front yard setback, it is a low profile, small structure which will complement the overall neighborhood, serve the needs to the residents, and would not visually detract residents living in the surrounding neighborhood with negligible impacts to open space preservation. SECTION 3: The City Council hereby approves VAR 21-001 as shown on the site plan, floor plan, and elevations incorporated herein by reference and stamped as "Exhibit A" and dated May 4, 2021 on file in the Development Services Department, except as noted herein, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this Variance shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. 5 of 10
May 4, 2021, Item #11Resolution No. 21-Page 3 C. Within 30 days of the date of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. D. The conditions of VAR 21-001 shall remain in effect for the life of the subject structures and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. The four-foot front yard setback approved with VAR 21-001 applies to the mailroom only as shown on the approved Exhibit A. F. Prior to the release of occupancy for the fourth home within the Aria Estates subdivision, the mailroom shall be developed in substantial conformance with the approved plans on file in the Development Services Department and the conditions contained herein to the satisfaction of the Development Services Director. A final inspection from the appropriate City departments will be required. 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 at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of May, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 6 of 10
May 4, 2021, Item #111---__._,RJMBACH R RS-4 co RS-4 N $ 0 70 140 --280 Feet ---7 of 10 Sub AP 5:7-----.J ~----1 CITY OF POWAY Zoning I Location Map Item: VAR21-001 ATTACHMENT B
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