Res P-14-02RESOLUTION NO. P -14 -02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 14 -001
ASSESSOR'S PARCEL NUMBERS 321 - 030 -76 through 85
WHEREAS, Variance (VAR) 14 -001, submitted by Don Mechling, Applicant,
requests approval to allow retaining walls, which range in height from six feet up to 14
feet, to exceed the Poway Municipal Code six -foot height limit. The walls would be
constructed of natural rock obtained from the site of the 10 -lot residential subdivision
located at 14633 High Valley Road, in the Rural Residential B zone; and
WHEREAS, on May 20, 2014, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: Pursuant to the California Environmental Quality Act (CEQA), an
Environmental Initial Study (EIS) was completed in conjunction with the original project
approval. On February 20, 2007, the City Council considered the EIS and approved a
Mitigated Negative Declaration (MND) for Tentative Tract Map (TTM) 06 -04. The
original project incorporates the extensive use of conventionally constructed retaining
walls. There are no new environmental impacts or mitigation measures associated
with the proposed Variance for natural rock retaining wall height beyond those identified
in the 2007 EIS and MND. The City Council finds that the proposed Variance is within
the scope of the 2007 MND approved with the original project and no further
environmental review is necessary
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code (PMC), to approve Variance 14 -001 to allow natural rock retaining walls
over six feet and up to 14 feet in height, 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 development regulations deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification in that the project has and will continue to encounter an amount of
rock, which is not typical of the degree of rock found in conjunction with other
single- family projects in the vicinity: 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 denied to the property for which the Variance is sought in that walls,
which are over six feet and up 14 feet in height, will enable the construction of flat
building pads for the lots in the project that are similar in size to other building pads
Resolution No. P -14 -02
Page 2
in the area. While the original subdivision approval included retaining walls,
allowing the taller rock walls allows for the use of on -site natural materials which
will be more aesthetically pleasing than a conventional retaining wall; and
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity and zone in which the property is located in that the
rock walls will be designed by an engineer and safely constructed. Additionally,
the use of on -site rock for construction will eliminate truck trips associated with
rock removal thereby reducing traffic and air pollution from truck emissions; 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 in that other
properties in a similar situation may also request approval of a Variance and this
Variance involves the unique circumstance of utilizing natural rock from the project
site for wall construction; and
E. The granting of this Variance does not allow a use or activity which is not otherwise
expressly authorized by the zoning development regulation governing the parcel of
property in that retaining walls are allowable in this zoning district and the walls will
facilitate development of an approved subdivision; and
F. That granting the Variance or its modification will not be incompatible with the City
General Plan in that the walls will fit in with the rural character and rugged
topography of the surrounding area.
Section 3: The City Council hereby approves VAR 14 -001 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. P -14 -02
Page 3
C. The conditions of Variance 14 -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.
Section 4: The approval of VAR 14 -001 shall expire on May 20, 2016, at 5:00 p.m.,
unless prior to that time a Building Permit has been issued and construction has
commenced on the property
Section 5. 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 by the City Council of the City of Poway
at a regular meeting this 20th day of May 2014.
Don Higginson, Mayo
ATTEST:
Sheila Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -14 -02 was duly adopted by
the City Council at a meeting of said City Council held on the 20th day of May 2014, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, HIGGINSON
NOES: NONE
ABSENT; NONE
DISQUALIFIED: MULLIN
Sheila R. Cobian, CMC, City C rk
City of Poway