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Res P-00-82RESOLUTION NO. P-00-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 00-12 ASSESSOR'S PARCEL NUMBER: 277-200-01 & 02 (ADJACENT TO) WHEREAS, Variance 00-12, submitted by Old Coach Realty, Applicant, requests a Variance approval to allow a 3igh wall with six-foot entry gates for the entrance to seven lots of a gated community at Cascade Crossing, east of Old Coach Road within the Old Coach Golf Estates Planned Community (PC) zone; and WHEREAS, on October 3, 2000, the City Council held a duly advertised public headng 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 V Iteration to land use I The findings in accordance with Section 17.50.070 of the Poway Municipal Code for Variance 00-12 to allow a 3igh wall with six-foot entry gates for the entrance to seven lots of a gated community at Cascade Crossing, east of Old Coach Road within the Old Coach Golf Estates Planned Community (PC) zone are made as follows: A= There are special 3plicable to the property because th d, : serving only seven lots so allowing ~igh wall with gates for the ingress and egress will not have a significant affect on veh by the public and the gates are designed with a pedestrian gate allowing public access pursuant to Resolution No. P-98-50 for Tentative Tract Map 89-13R(2). Granting the Variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and zoning for which the variance is sought, in that it will allow the developer to install six-foot-high entry gates on three : ~igh wall varying from seven to eleven feet in length so that the gate functions more effectively for limiting veh Co Granting the Variance or its modification will not be materially detrimental to the public health, safety, or welf ' ' to the property or imp ~ vicinity and zone in which the property is located in that the Variance approval will permit the three sections of wall that are one foot higher than the standard, but at a location 75 feet from Old Coach Road and with minimal impact to the public or to the future residents of the seven lots on Cascade Crossing. Resolution No. P -00-82 Page 2 Granting of th' does not 3ecial privile~ i with the I 3on other properties in the vicinity and zone in that th 3proval will permit three short sections of wall with a height of seven feet to which six-foot-high vehicular gates will be attached. Eo Granting of this Vadance does not allow a use or activity which is not otherwise expressly authorized by zoning development regulations governing the parcel or property as this property is within the Old Coach Golf Estates Planned Community zone with special development standards. Gated enl' 3proved with the original development and modified by City Council action in September 1998 by Resolution No. P-98-50. Therefore, granting the V d not allow a use or activity not otherwise specifically allowed in that zone. Fo The project as approved ' : with the General Plan in that the V consistent with the Poway General Plan and the Old Coach Golf Estates Planned Community because the walls will not result in aC ' impacts. The City Council hereby approves Variance 00-12 to allow ligh wall with six-foot entry gates for the entrance to seven lots of a gated community at Cascade Crossing, east of Old Coach Road within the Old Coach Golf Estates Planned Community (PC) lown on the plot plan date stamped July 18, 2000, and on file in the Planning Division, 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. Bo Approval of th' quest shall apply only to the subject project and shall not 31iance with all !the Zoning Ord' :1 all other applicable City ordinances that were in effect at the time building I: :1. The gated entry shall b :1 based on approved building plans issued by the Development Services Department. Resolution No. P -00-82 Page 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a reg ~' ..3 this 3rd day of October 2000. Michael P. Cafag/ ayor Al-rEST: Peoples, City Cle~'k STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P- 00-82 was duly adopted by the City Council at the meeting of said City Council held on the 3rd day of October 2000, and that it was so adopted by the following vote: AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE Peoples, City Clerk City of Poway