Res P-03-38
RESOLUTION NO. P- 03-38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 03-08
ASSESSOR'S PARCEL NUMBER 275-820-05
WHEREAS, Variance 03-08, submitted by 3H Valle Verde LLC, Applicant,
requests approval of a Variance to allow a portion of a proposed 3,564-square-foot,
single-family residence to observe a 15-foot side yard setback where a 20-foot setback
is required. The subject property is located in the Rural Residential-C (RR-C) zone at
16631 Valle Verde Road; and
WHEREAS, on July 8, 2003, 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, the City Council does hereby resolve as follows:
Section 1: The proposed project is Categorically Exempt as a Class 5 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on an existing single-family property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 03-08 to allow a maximum 15-foot side yard setback rather
than the required 20-foot setback for a portion of a proposed 3,564-square-foot, single-
family residence. The subject property is located in the Rural Residential C (RR-C)
zone at 16631 Valle Verde Road, as shown on the site plan dated June 5, 2003, 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 include the fact the subject lot is an
unusual shape with many easements that do not allow development on most of
the property. On the 2.44-acre parcel, only 7,442 square feet, or 7 percent of the
lot, can be used for development; 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 not afforded to the property for which the Variance is sought because the
developable area of the lot is constricted by unusual lot shape, many easements,
flood plain and riparian setbacks; and,
Resolution No. P- 03-38
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 will be on an interior
side property line and there will be approximately 40 feet between the
encroachment and the adjacent property residence; 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 other nearby lots in the Rural Residential-C (RR-C) zone encroach into the
required 20-foot side-yard setback; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C zone because single-family homes are a permitted use
and this is a single-family home; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 3: The City Council hereby approves Variance 03-08, to allow a portion of a
proposed 3,564-square-foot, single-family residence to observe a 15-foot side yard
setback where a 20-foot setback is required. The subject property is located in the
Rural Residential-C (RR-C) zone at 16631 Valle Verde Road (as reflected on plans
dated June 5, 2003), subject to the following conditions:
A. 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.
B. Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. 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.
D. The applicant shall comply with the Uniform Building Code and shall obtain a
Building Permit consistent with the approved Variance plans, dated June 5, 2003,
prior to construction, as amended below:
1. All conditions previously required under Minor Development Review
Permit (MDRA) 02-73, approved on April 11 ,2003 shall apply.
Section 4: The approval of Variance 03-08 shall expire on July 8, 2005, unless the
applicant and/or property owner applies for and obtains approval of a Building Permit
per previously approved MDRA 02-73.
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Resolution No. P-03-38
Page 3
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, this 8th day of July 2003.
ATTEST:
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 03-38 duly adopted by the
City Council at a meeting of said City Council held on the 8th day of July 2003, and that
it was so adopted by the following vote:
AYES:
NOES:
EMERY, GOLDBY, REXFORD, CAFAGNA
NONE
ABSTAIN:
NONE
ABSENT: NONE
DISQUALIFIED: HIGGINSON
Lor Anne Peoples, City
City of Poway