Res P-15-15RESOLUTION NO. P -15 -15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 15 -001
ASSESSOR'S PARCEL NUMBER 275 - 032 -04
WHEREAS, an application was submitted for Variance (VAR) 15 -001: a request
for approval to exceed the height limit for a fence on a developed single - family lot
located at 16752 Espola Road, in the Rural Residential C zone; and
WHEREAS, on May 5, 2015, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application; and
WHEREAS, the Poway Municipal Code establishes findings required for granting
a Variance as follows:
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 an accessory structure to
a developed residence.
Section 2: The required Variance findings, pursuant to Section 17.50.070 of the
Poway Municipal Code (PMC), are made as follows:
A. That there are special circumstances applicable to the property, (size, shape,
topography, location, or surroundings) or the intended use of the property, and
because of this, the strict application of the zoning development Ordinance
deprives the property of privileges enjoyed by other properties in the vicinity
under identical zoning classification, in that the site is at a signalized intersection
along a major street, sits below the grade of adjacent roads, and was previously
used as a real estate office. Because of its location the property is exposed to
vehicular headlight glare and noise, which will be minimized by the 8- foot -high
fence.
B. That granting the Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same
vicinity and zone and denied to the property owner for which the Variance is
sought, in that the site is located along a major road and is subjected to noise
levels in excess of most properties in the vicinity. These noise levels will be
minimized by the eight- foot -high fence and allow the quiet enjoyment of outdoor
space on the property.
Resolution No. P -15 -15
Page 2
C. That granting the Variance will not be materially detrimental to the public health,
safety or welfare, or injurious to the property or improvements in such vicinity and
zone in which the property is located, in that the fence will be designed to comply
with applicable building code requirements to be ensured through the building
permit review and approval process.
D. The granting of this Variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the vicinity and zone in which such
property is situated, in that other properties in the vicinity are not situated in the
same unique manner necessitating the Variance.
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 fences are allowable in residential zoning districts.
F. That granting the Variance will not be incompatible with the City's General Plan,
in that the site is at a lower elevation than the adjacent roadways, and as such
the fence appears to be less than eight feet and therefore does not cause an
aesthetic impact.
Section 3: The City Council does hereby approve Variance 15 -001 subject to the
following Conditions of Approval:
1. A building permit, and the payment of applicable building permit fees, is required
prior to any construction.
2. Within 60 days of this action, the section of fence along Espola Road shall be
reconstructed, as discussed at the May 5, 2015, City Council public hearing, to
lower the elevated section to make the height consistent along the frontage.
3. All fence posts shall be limited to eight feet in height.
Section 4: 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.
Resolution No. P -15 -15
Page 3
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 2nd day of June 2015.
Steve Vaus, Mayor
ATTEST:
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Sheila R. Cobian, CM _,City Clerk
STATE OF CALIFORNIA )
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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 -15 -15 was duly adopted by
the City Council at a meeting of said City Council held on the 2nd day of June 2015, and
that it was so adopted by the following vote:
AYES: LEONARD, MULLIN, GROSCH, VAUS
NOES: NONE
ABSTAIN: CUNNINGHAM
DISQUALIFIED: NONE
Sheil R. Cobian, CMC, City CFerk
City of Poway