Res P-15-21RESOLUTION NO. P -15 -21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 15 -003
ASSESSOR'S PARCEL NUMBER 317 - 540 -6200
WHEREAS, Variance (VAR) 15 -003 is a request to allow the addition of
architectural features on an existing commercial building located at 12411 Poway Road
to encroach up to 12 feet into the required 20 -foot street side yard setback where a four -
foot encroachment is the maximum allowed. The property is located in the Community
Business (CB) zone of the Poway Road Specific Plan area; and
WHEREAS, on July 21, 2015, 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 from the California
Environmental Quality Act (CEQA) as Class 5 Categorical Exemptions, pursuant to
15305(a) of the 2015 CEQA Guidelines, in that the project involves allowing an
encroachment into a required setback which will not result in changes in land use or
density.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code (PMC), to approve Variance 15 -003, to allow two awnings and a gable
element with columns to encroach 12 feet (awnings) and 11 feet (gable element with
columns), respectively, into the required 20 -foot side yard setback where a four -foot
encroachment is the maximum allowed, as shown on approved plans on file at the
Development Services Department, are made as follows:
A. There are special circumstances applicable, in that the subject lot is developed
with an existing commercial structure that is legal non - conforming because it was
built with an 11 -foot street side yard setback as approved by San Diego County
and the current PMC requires a 20 -foot setback for development in the
Community Business zone. Because of the existing legal non - conforming
building setback, strict application of the development regulations would deprive
the property of privileges (i.e., PMC Section 17.10.160.0 in regards to allowing
architectural articulation to extend up to four feet into the setback) enjoyed by
other properties in the vicinity with the identical zoning classification; 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 denied to the property for which the Variance is sought in that architectural
relief features which project beyond the building setback line are common with
commercial development in the surrounding area; and
Resolution No. P -15 -21
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 proposed awnings and gable element on the west elevation of the building
will add visual interest and relief to an otherwise large building wall mass located
close to the street: 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 addition of architectural enhancements to a commercial
building similar to other commercial development 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 commercial buildings are allowed in the CB zone
and the PMC allows architectural articulation to extend up to four feet into the
setback which implies that it is reasonable and desirable that architectural
features project up to four feet beyond a building wall even when located at the
setback line; and
F. That granting the Variance or its modification will not be incompatible with the
City General Plan in that Policy F.9 of the Community Development Element of
the Poway General Plan encourages projections and architectural details to
enhance the facades of structures by providing relief and variety. The
commercial building would be compatible with other development in the vicinity
and complies with all other requirements of the zone.
Section 3: The City Council hereby approves VAR 15 -003, as shown on the
approved plans on file with the City, 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.
Resolution No. P -15 -21
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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.
C. The conditions of approval listed in the approval letter dated March 25, 2015,
approving MDRA 14 -030 (the original entitlement for the renovation and floor
area addition of the subject commercial building) are in full force and effect.
D. A Building Permit shall be obtained prior to installation of the architectural
features.
E. Prior to the issuance of certificate of occupancy, the applicant shall install an
approved backflow preventer at the existing water meter and contact Public
Works at (858) 668 -4744 for inspection and approval.
Section 4: The approval of VAR 15 -003 shall expire on July 21, 2017, at 5:00 p.m.
unless, prior to that time, a Building Permit has been issued and construction on the
property in reliance on the Variance approval has commenced prior to its expiration.
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,
State of California, at a regular meeting this 21st day of July 2015.
Steve Vaus, Mayor
ATTEST:
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Sheila R. Cobian, CMC, City Clerk
Resolution No. P -15 -21
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 -15 -21 was duly adopted by
the City Council at a meeting of said City Council held on the 21st day of July 2015 and
that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, C C, City Clerk
City of Poway