Res P-12-04 RESOLUTION NO. P -12 -04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 12 -001,
ASSESSOR'S PARCEL NUMBER 314 - 201 -46
WHEREAS, Variance (VAR) 12 -001, submitted by Harry Rogers, requests a
Variance approval to allow the construction of an attached 544 - square -foot, single -story
two -car garage located at 13439 Aubrey Street that will observe a 26 -foot, 6 -inch front yard
setback when a 40 -foot setback is required and an 11 -foot, 6 -inch street side yard setback
when a 20 -foot setback is required in the Rural Residential C (RR -C) zone; and
WHEREAS, on May 15, 2012, 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 project is Categorically Exempt as a Class 3 and Class 5 Exemption from
the California Environmental Quality Act (CEQA), pursuant to Sections 15303(e) and
15305(a) of the 2012 CEQA Guidelines. The new garage is considered a new small
structure on a legal parcel and is classified a Class 3 Exemption in that the garage is
considered an appurtenant accessory structure, at an existing single family residence in a
residential zone. The proposed Variance of the front and street side yard setbacks is
considered a minor alteration of a land use limitation and classified a Class 5 Exemption in
that the proposed front and street side yard setback Variances are located in areas with
slopes less than 20 percent, will not result in a change of land use or density, and will not
result in the creation of a new parcel.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code (PMC), to approve VAR 12 -001 to allow the construction of an attached 544- square-
foot, single -story, two -car garage located at 13439 Aubrey Street that will observe a 26 -foot,
6 -inch front yard setback when a 40 -foot setback is required and an 11 -foot, 6 -inch street
side yard setback when a 20 -foot setback is required in the RR -C zone, as shown on the
site plan dated March 14, 2012, 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.
B. The special circumstances are that the subject lot is narrower in width (95 feet
compared to the 110 foot RR -C zone standard) and narrower in depth (125 feet
compared to 150 feet); the lot is substandard in size (0.32 acres compared to the
standard one -acre minimum lot size of the RR -C zone); and the property includes
a 40- foot -wide road and utility easement along the interior eastern property line.
As a result of these constraints, the only physical location on the property to locate
the garage is on the north side of the house, facing Aubrey Street; and
Resolution No. P -12 -04
Page 2
C. 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 only
unconstrained area of the lot, in conjunction with the location of the existing
residence, limits the location of the garage to the north side of the house facing
Aubrey Street; and
D. Granting the Variance would not be materially detrimental to the public health, safety,
or welfare in the vicinity in that the garage encroachment into the front yard setback
will be similar to the setback distance of other structures on Aubrey Street and is
sufficiently setback so as not to interfere with traffic or pedestrian movement on
Aubrey Street; and
E. 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
a garage is an allowable use in this zone and other properties in the area have been
granted similar Variances; and
F. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the Zoning Ordinance because garages are permitted on residentially
developed properties in this zone; and
G. That the proposed Variance will be compatible with the City's General Plan because
the General Plan encourages a garage for single - family homes, the structure is
permitted on a residentially developed property, and the garage does not result in an
increase in residential density.
Section 3: The City Council hereby approves VAR 12 -001, a request for a Variance
approval to allow the construction of an attached, 544 - square -foot single -story, two -car
garage located at 13439 Aubrey Street that will observe a 26 -foot, 6 -inch front yard setback
when a 40 -foot setback is required and an 11 -foot, 6 -inch street side yard setback when a
20 -foot setback is required in the RR -C zone:
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.
Resolution No. P -12 -04
Page 3
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.
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. Prior to issuance
of a Building Permit:
1. The site shall be developed in accordance with the approved site plans
and the conditions contained herein. Grading, if necessary, shall be in
accordance with the City Grading Ordinance, the approved grading plan, the
approved soils report, and grading practices acceptable to the City.
2. Low Impact Development (LID) design features shall be incorporated into the
site development. These shall be clearly shown and identified on the site plan
and be appropriately sized for the proposed level of development.
3. The exterior building materials, roof tiles and colors of the garage shall match
and be compatible with the exterior of the existing residence. A note shall be
added on the building plans advising of this requirement.
4. The applicant must annex into Lighting District Zone A (currently $15 /year).
G. Prior to issuance of a Certificate of Occupancy:
1. All new utility services shall be placed underground.
Section 4: The approval of Variance 12 -001 shall expire on May 15, 2014, 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.
Resolution No. P -12 -04
Page 4
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 15th day of May 2012.
Don Higginson, Mayor
ATTEST:
Lind - • . 'royan, MMC City Clerk
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- 12 -04, was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of May 2012, and that it
was so adopted by the following vote:
AYES: GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: BOYACK
DISQUALIFIED: NONE
Lin. .. A. Troyan, MMC, City Clerk
i y of Poway