Res P-03-47RESOLUTION NO. P-03-47
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING VARIANCE 03-06
ASSESSOR'S PARCEL NUMBER 321-031-30
WHEREAS, Variance 03-06, submitted by Tim Connole, Applicant, requests
approval of a fence height Variance to allow an illegally installed 8.5-foot-high vehicle
entry gate across Orchard View Lane near its northerly terminus at the entrance to the
4-1or Country Ridge Estates residential project located within the Rural Residential-B
High Valley zone; and
WHEREAS, on August 5, 2003, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The proposed project is Categorically Exempt as a Class 5 Categorical
Exemption from the California E Quality Act (CEQA) pursuant to Section
15305 of the CEQA Guidelines, in that the project ' ' minor alteration in land use
limitations on a developed residential property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to deny Variance 03-06, a request to legalize an 8.5-foot-high vehicle entry gate
that was installed across Orchard View Lane at its northerly terminus, at the entrance to
the 4-lot Country Ridge E, ' ' 'rlential project located within the Rural Residential-B
High Valley 3own on the site plan dated May 22, 2003, are made as follows:
There are no special , applicable to the property (size, shape,
topography, location or surroundings) that because of the strict application of the
zoning development ordinance deprives the property of privileges enjoyed by
other properties in the vicinity or same zone, in that g height (6-foot)
gates could be designed for the project if entry gates were approved for the
Country Ridge Estates project.
Granting this Variance would constitute a special privilege ' with the
limitation upon other properties in the vicinity and zone in that other residential
properties in the area are required to comply with the 6-foot fence
height requirement.
The granting of the Variance would be materially detrimental to the public health,
safety, or welfare, or injurious to the property or imp in such vicinity
and zone in which the property is located in that the excess height of the access
gate will detract from the rural residential neighborhood character established by
the existing development in the area.
Resolution No. P-03-47
Page 2
The granting of this Variance is not necessary for the p and
enjoyment of a substantial property right possessed by other property in the
same vicinity and zone in that other residential properties in the vicinity and zone
are required to comply with the 6-foot maximum height requirement.
The granting of this Variance would allow a use or activity that is not otherwise
expressly authorized by the zoning development regulation or City policy
governing the parcel of property in that gated communities require City Council
approval and the request to install an entry gate has been denied.
That granting the Variance will be incompatible with the City's General Plan, in
that a goal of the General Plan is for the City to preserve Poway's unique and
desirable character as "The City in the Country" and standards requiring lower
profile fencing and ':lered to be consistent with this goal.
Section 3: The City Council hereby denies Variance 03-06.
Section 4: The applicant shall remove the gates before September 2, 2003.
PASSED AND ADOPTED by the City Council of the City of Poway, State of
California, this 5th day of August 2003.
ATTEST:
Peoples, City Clerlt
Mic~yor
Resolution No. P-03-47
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-03-47 duly adopted by the City
Council at a meeting of said City Council held on the 5th day of August 2003, and that it
was so adopted by the following vote:
AYES:
EMERY, GOLDBY, REXFORD
NOES: CAFAGNA
ABSTAIN: NONE
ABSENT:
HIGGINSON
e Peoples, City Clerk
City of Poway