Loading...
Res P-00-58RESOLUTION NO. P-00-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 00-11 ASSESSOR'S PARCEL NUMBER 317-540-59 WHEREAS, Variance 00-11, submitted by Tim Meissner, applicant, requests a Vadance of five (5) feet t : a retaining wall up to eleven (11 ) feet high along the eastern boundary of the property located at 13025 and 13029 Pomerado Road in the Community Business (CB) zone. WHEREAS, on August 1, 2000, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council finds that this project is Categorically Exempt, Class 5, from the California E Quality Act pursuant to Section 15305, as the wall height tion to land use I The findings in accordance with Section 17.50.070 of the Poway Municipal Code for Vadance 00-11 to allow a five (5) foot' ' the allowable six foot wall/fence height to construct a retaining wall up to eleven (11) feet tall at the property located at 13025 and 13029 Pomerado Road are as follows: Ao The topography of the lot p ~ecial that approximately 15 percent of th parcel is encumbered by a steep slope. Granting the variance or its modification is necessary 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 Jack-in-the-Box, located on the adjoining property, h l into the hillside and constructed a retaining wall1 :lat :1 parking for its facility. Granting the variance or its modification will not be materially detrimental to the public health, safety, or welt' ' ' to the property or imp vicinity and zone in which the property is located in that the wall has been designed by engineer, allows the property to provide the required on-site parking, and will have limited visibility from the adjacent public street and surrounding areas due to the placement of a building in front of the wall and landscap Granting of th' does not constitute a special privile§ :with the limitation upon other properties in the vicinity and zone in that other property owners in th lowed and have constructed retaining walls and fences to Resolution No. P- 00-58 :-- Page 2 fully utilize their property, and not all properties in the same zone have steep topography like the subject site. Granting of this variance does not allow a use or activity which is not otherwise expressly authorized by zoning development regulations governing the parcel or property, as the purpose of the retaining wall is t ~ate City required travel aisle and parking widths and ratios which are applicable to other development in the zone and consistent with City-wide policies and standards. Therefore, granting the V d not allow :y not otherwise specifically allowed in that zone. The project, as approved, ' ' l with the General Plan in that the Variance t with the Poway General Plan and because the retaining wall will not result in adverse visual impacts and landscal~ ~ is also required. Section 3: The City Council hereby approves Variance 00-11 to allow a five (5) foot the allowable six foot fence height to construct a retaining wall of up to eleven (11 ) feet in height parallel to the eastern property line on the property located at 13025 and 13029 Pomerado Road as shown on plans dated, October 25, 1999, subject to the following conditions: Within 30 days of approval, the applicants shall submit in writing that all conditions of approval have been read and understood. B= A Notice of R ' ' ~all be recorded by the City disclosing the conditions of this permit to future property owners. C= Prior to construction of the wall' : six feet, the applicant shall submit plans for review and approval by the Director of Development Services showing the following: The block wall shall be constructed utilizing split faced block or other d subject to th :the Director of Development Services. 2. Landscape screening with vines, climbing ivy, trees and/or shrubs of an acceptable density shall be provided I :tequat Resolution No. P- 00-58 Page 3 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a reg ' .~ this 1st day of August, 2000. Mlch~e~l' ~rP Cafa /~ ATTEST: [.o¥i~Anne Peoples, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) )ss. ) 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-00-58 was duly adopted by the City Council at a meeting of said City Council held on the 1st day of August, 2000, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: GOLDBY nne Peoples, Ci ~,,~,,, City of Poway