Res P-14-12RESOLUTION NO. P -14 -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 14 -003
ASSESSOR'S PARCEL NUMBER 275 - 700 -71
WHEREAS, Variance (VAR) 14 -003, submitted by Stellar Solar, Applicant, and
Jay and Robyn Schram, Owners, requests approval to allow solar panels to be
constructed within the required 40 -foot front yard setback area in the Rural Residential
C Zone; and
WHEREAS, on October 7, 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: The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303(e) of the CEQA Guidelines, .in that the project involves new construction of an
accessory structure to a developed single - family residence.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code (PMC), to approve Variance 14 -003, to allow two sets of solar panels to
be constructed up to 13 -feet and 22 -feet, respectively, from the property line when a
40 -foot setback is required, as shown on approved plans on file at the Development
Services Department, are made as follows:
A. That there are special circumstances applicable, including an east facing downhill
slope and significant rock outcropping on 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 site slopes in the opposite direction for the optimal placement of the
solar panels, and the roof of the residence has limited areas that have a southerly
face; 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 solar
panels have become a popular building accessory within residential zones, as
many residents are using solar energy to lower electricity bills. Since 2010, there
has been one roof - mounted solar system installed at a residence on Oak Creek
Trail and there have been three systems installed at residences on adjoining
Rostrata Hill Road, including one ground- mounted system; and
Resolution No. P -14 -12
Page 2
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
solar panels will be constructed a minimum of 42 feet from the edge of the Oak
Creek Trail pavement. When constructed, the panels will be lower than the road
and not generally visible; 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 this.
Variance involves the construction of the panels in an area that is no closer to the
edge of the private road than other residences and accessory structures in the
vicinity; 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 solar panels are allowable in this zoning district and the panels will
help lower energy costs; and
F. That granting the Variance or its modification will not be incompatible with the
City General Plan in that the solar panels are located in such a manner that will
preserve large rock outcroppings and the rural character and rugged topography of
the surrounding area. Furthermore, the General Plan supports solar energy as an
alternative energy source.
Section 3: The City Council hereby approves VAR 14 -003 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 -12
Page 3
C. The conditions of Variance 14 -003 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.
A Building Permit is required. The site plan that is included with the
Building Permit application shall be consistent with the approved site plans
on file in the Development Services Department and the conditions
contained herein.
Section 4: The approval of VAR 14 -003 shall expire on October 7, 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 7th day of October 2014.
ATTEST:
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Sheila R. Cobian, CMC, City Clerk
Resolution No. P -14 -12
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -14 -12 was duly adopted by
the City Council at a meeting of said City Council held on the 7th day of October 2014,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
_ � L
Sheila . Cobian, CIVIC, City Clerk
City of Poway