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Res 21-022RESOLUTION NO. 21-022 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. 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 Resolution No. 21-022 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. Resolution No. 21-022 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: MULLIN, FRANK, GROSCH, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ______e---__________,? Steve Vaus, Mayor ATTEST: V blas, CM;ity Clerk