Res P-00-34RESOLUTION NO. P-00-34
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 00-01
ASSESSOR'S PARCEL NUMBER 275-780-5
WHEREAS, Variance 00-01, submitted by the Retirement Housing Foundation,
applicant, requests a variance to permit a proposed 66-unit assisted living facility to
: interior side yard setback when the zone requires a 10-foot setback.
The project is located near the eastem t "Gateway Park Ddve in the C
Office zone.
WHEREAS, on Apd125, 2000, the City Council held a duly advertised public headng
to solicit ~ from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Secti( The City Council finds that the Negative Declaration prepared for this and its
companion applications adequately addressed the potential impacts
I with the project.
The findings in accordance with Section 17.50.070 of the Poway Municipal
Code for Vadance 00-01 to allow a reduction in the side yard setback from 10 feet to 0 feet
for a proposed 66-unit assisted living facility are made as follows:
The project as approved is consistent with the General Plan in that it involves a
residential care facility which is conditionally permitted in the C Office
zone.
That there are special 3plicable to the property including the social
and public advantages of the project and because of this the strict application of the
Zoning Ordinance deprives the property of privileges enjoyed by other properties
in the vicinity under identical zoning that special attenr :le
to tate the residential neighbors by enhancing the and
residential separation of land uses beyond the required ' ' :back of 25 feet
to 120 feet to assist in the F : the neighbors' use and enjoyment of their
property.
That granting th iii 3/for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zoning for which th ;Iht, in that the 66 'J living
facility was pushed as far south of the existing residential neighborhood to provide
th buffer distance possible between the two land uses. The proposed
site is adequate t tate the facility and the City's development standards
and to integrate those with the surrounding neighborhood.
-- Resolution No. P- 00-34
Page 2
That granting th Jiflcation will not be materially detrimental to the
public health, safety, or well ' ' to the property or imp ~
vicinity and zone in which the property is located in that every effort has been made
to maintain the privacy of the adjoining residential neighborhood, including
construction of a residential/ buffer wall, additional landscaping, and the
120-foot ' ' '~le yard setback which necessitates th'
That the granting of th' does not 3ecial privileg
with the I ;)on other properties in the vicinity and zone in that th
have been granted 1 .... ~acl lands, preservation of privacy,
neighborhood protection, and geotechnical constraints.
That the granting of this variance does not allow the use or activity which is not
otb ~ressly authorized by zoning development regulations governing the
parcel or property in that residential care 1' ditionally permitted in the
C Office (CO) zone.
Section 3: The City Council hereby approves Variance 00-01 subject to the following
conditions:
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
WHEREAS, pursuant to G l Code Section 66020(d)(1), notice is further
given that the 90-day period to protest the imposition of any fee, dedication,
or other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Section 66020.
PASSED, ADOPTED AND APPROVED by the City Council of the City
State of California, at a reg "3 this 25th day of April, 2000.
AT'F,,EST: ~
Lo~ Anne Peoples, City C~erk
Poway,
Michac:~f'P. Cafagr~yor
_ Resolution No. P- 00-34
Page 3
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- 00-34 was duly adopted by the
City Council at a meeting of said City Council held on the 25th day of April, 2000, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: REXFORD
' ' L~o ~An:e p~'e~oples, C?y C.~k~
City of Poway