Res P-11-24RESOLUTION NO. P -11 -24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 11 -01
ASSESSOR'S PARCEL NUMBER 275 - 610 -13
WHEREAS, Variance (VAR) 11 -01, submitted by Rich and Jan Baldwin, requests
approval to allow the construction of an attached, 90- square -foot addition to the existing
single - family home located at 16466 Branco Lane to observe a 23 -foot, 6 -inch front yard
setback where 40 feet is required in the Rural Residential C (RR -C) zone; and
WHEREAS, on September 6, 2011, the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that the proposed project is Categorically Exempt
as Class 1 and Class 5 Categorical Exemptions from the California Environmental Quality
Act (CEQA), pursuant to Sections 15301 and 15305 of the CEQA Guidelines, in that the
project involves construction of a minor residential addition and a minor alteration to a land
use limitation.
Section 2 : The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code (PMC), to approve VAR 11 -01 to allow the construction of an attached, 90- square -foot
addition to the existing single - family home located at 16466 Bronco Lane in the RR -C zone
to observe a 23 -foot, 6 -inch front yard setback, as shown on approved plans on file at the
Development Services Department, 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 special circumstances are that the subject lot is substandard in size (0.55 acres
compared to the standard one -acre minimum lot size of the RR -C zone); and the
home, which is legal non - conforming in terms of front yard setback (observing a
front yard setback varying from 22.5 to 24.5 feet as approved by San Diego County
at the time it was built compared to the current 40 -foot front yard setback of the
RR -C zone); 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 zone and not afforded to the property for which the Variance is sought because
the developable area of the lot, in conjunction with the layout of the existing
residence, allows the property owner to make a logical addition to the house like
other properties in the area; and
Resolution No. P -11 -24
Page 2
C. Granting the Variance would not be materially detrimental to the public health, safety,
or welfare in the vicinity in that the encroachment into the front yard setback will
not extend beyond the existing roofed area, the visibility of the addition would be
limited because the highest portion of the addition is lower in elevation than the
Bronco Lane street level, an entry bridge extending from Bronco Lane to the front
entry of the house would further obscure the view of the addition, and the addition
will not detract from the neighborhood; and
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
the Variance will allow a living space addition to a single - family residence that is
allowable in this zone; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR -C zone because single - family residences are permitted in this
zone; and
F. That the proposed Variance will be compatible with the City's General Plan because
the use is permitted and the addition does not result in an increase in residential
density.
Section 3 : The City Council hereby approves VAR 11 -01, to allow the construction of an
attached, 90- square -foot addition to the existing single - family located at 16466 Bronco Lane
in the RR -C zone to observe a 23 -foot 6 -inch front yard setback, as shown on approved
plans on file at the Development Services Department. The approval is 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
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 sections of the Zoning Ordinance and all other applicable
City Ordinances in effect at the time of Building Permit issuance.
Resolution No. P -11 -24
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C. Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
D. The Variance granted by this approval shall not be conducted in such a manner as
to interfere with the reasonable use and enjoyment of surrounding residential uses.
E. Development on the site must comply with the Poway Noise Ordinance (Chapter 8.08
PMC). Construction work is specifically regulated by PMC 8.08.100, which states
that it is unlawful to operate any single or combination of powered construction
equipment at any construction site before 7 :00 a.m. or after 5:00 p.m., Monday
through Saturday, or at any time on a Sunday or holiday, except as provided in
PMC 8.08.100.
F. The applicant shall obtain a Building Permit prior to construction. The building
plans shall be consistent with the approved stamped plans on file in the Development
Services Department. Grading shall be in accordance with the City Grading
Ordinance, approved soils report, and grading practices acceptable to the City.
G. Prior to issuance of a Certificate of Occupancy, the applicant shall request and
receive a final inspection from the City.
Section 4 : The approval of Variance 11 -01 shall expire on September 6, 2013, at
5:00 p.m. unless a Building Permit has been issued, and construction or use of the
property in reliance on this permit has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 6th day of September 2011.
ATTEST:
A. Yroyan, MMC City Clerk
Resolution No. P -11 -24
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 11 -24, was duly adopted by the
City Council at a meeting of said City Council held on the 6th day of September 2011, and
that it was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
p.A. Troyan, MMC, City Clerk
of Poway