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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