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