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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: ,bh a vz;,) , oo�� Sheila R. Cobian, CM _,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 -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