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Res P-01-21RESOLUTION NO. P- 01-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 00-18 ASSESSOR'S PARCEL NUMBER 277-200-10, 277-200-11 WHEREAS, Old Coach Reality, applicant, requests approval of Variance 00-18 to permit an existing entry wall ' :1 at a height of 8 feet, 4 inches and the existing entry gal :1 at a height of 7 feet 6 inches when a height of 6 feet is allowed. The project is located at Old Coach Drive within the Old Coach Golf Estates Planned Community (PC) Zone; and WHEREAS, on May 8, 2001, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application, and NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council finds that Variance 00-18 is Categorically Exempt from the California E ~ Quality Act, pursuant to Section 15305(a) of CEQA, Class 5, as the wall and entry gate height V minor alteration to land use limitations which does not y changes in land use or density, and is located on a property with an average slope of less than 20%. Section 2: The finding lance with Section 17.50.070 of the Poway Municipal Code to approve Variance 00-18, to allow the existing height of 8 feet, 4 inches for the l wall and 7 feet, 6 inches for the entry gate at the Old Coach Golf Estates Planned Community (PC), are made as follows: There are special 3plicable to the property because the wall and entry gate are located ' identified in the Old Coach Golf Estates Specific Plan as a gated entry and the desig l with the concept presented in the Community Design Element of the Specific Plan. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property th :y and zoning for which th 3ht, in that the subject g' I three that were anticipated in the Old Coach Golf Estates Specific Plan and the design of the wall sets into the slope and its height is reduced as it blends into the hillside. Therefore, the design and ~atible with and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, or natural Granting the Variance or its modification will not be materially detrimental to the public health, safety, or welf ' ' to the property or imp ~ Resolution No. P- O1-21 Page 2 vicinity and zone in which the property is located in that the wall and gate are located 150 feet from Old Coach Road and with minimal impact to the public or to the future residents of the seven lots on Cascade Crossing. 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 Granting of th' does not constitute a special privile~ l with the limitation upon other properties in th :y and zone in that there are two other entry Is with gates on p lhin the same vicinity and zone. 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 this project' i with the concept design of an entry and gate at this local' :1 within the Community Design Element of the Old Coach Golf Course Specific Plan. The project is consistent with the Poway General Plan and the Old Coach Golf Estates Planned Community because the wall and gate provide project identification, : pi make a statement as to the quality of the development, control access to the development and are will not result in ad impacts. Section 3: The City Council hereby approves Variance 00-18, to allow the existing height of 8 feet, 4 inches for th l wall and 7 feet, 6 inches for the entry gate at the Old Coach Golf Estates at Old Coach Drive in the Planned Community (PC) zone pursuant to the Old Coach Golf Course Specific Plan dated May 7, 1990, as shown on the plans dated September 29, 1999, subject to the following conditions: Approval of this Variance request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of building permit issuance. Within 30 days of the date of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. Within 30 days of this date of approval, the applicant shall install an opticon device to th : the Director of Safety Services. The Variance granted by this approval shall conform to the approved plans and shall not be conducted in such to interfere with th 31e use and enjoyment of surrounding residential uses. Resolution No. P-O1-Z1 Page 3 The conditions of Variance 00-18 shall remain in effect for the life of the subject residential property and shall run with the land and be binding upon fu! heirs, and t :the current property owner. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 8'h day of May 2001. ATTEST: nne Peoples, City Clerk Michael P. Cafa~ 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-01-21 , was duly adopted by the City Council at a meeting of said City Council held on the 8th day of May 2001, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE ne Peoples, City of Poway