Res P-03-73 RESOLUTION NO. P-03-73
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 03-15
ASSESSOR'S PARCEL NUMBER 323-262-39, 40 and 41
WHEREAS, Variance 03-15, submitted by RZK Real Estate and Development,
Applicant, requests approval of a Variance to allow a maximum 12-foot-high fence along
the rear property line for three existing single-family residences where a maximum 8-
foot-high fence is allowed. The subject properties are located in the Residential Single-
Family-2 (RS-2) zone at 13904, 13920, and 13934 Chancellor Way; and
WHEREAS, on November 4, 2003, 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, BE IT RESOLVED by the City Council of the City of
Poway, as follows:
Section 1: The proposed project is Categorically Exempt as a Class 5 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on a developed single-family property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 03-15 to allow a maximum 12-foot-high fence along the rear
property line for three existing single-family residences located in the Residential Single-
Family-2 (RS-2) zone at 13904, 13920, and 13934 Chancellor Way, as shown on the
site plan dated October 15, 2003, are made as follows:
A. That there are special circumstances applicable to the property and, because of
this, the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances include the fact the subject property is
6 feet higher than the commercial property behind the residence; and,
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because the
property owner is not able to enjoy the right of privacy that other single-family
residences are allowed, and as it will screen the industrial uses from view of the
residences allowing the residences greater enjoyment of their back yard; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed fence will be located along
Resolution No. P-03-73
Page 2
the rear property line adjacent to a drainage culvert, will be constructed inc
compliance with the Building Code; and,
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in
that other nearby lots in the Residential Single-Family-2 (RS-2) zone have
extended their rear fences to provide privacy; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-2 zone because single-family homes are a permitted use,
and side and rear yard fencing is permitted in this zone; and
F. That the proposed Variance will be compatible with the City's General Plan
because the General Plan requires the construction of walls and provision of
landscaping between industrial/commercial and residential uses to ensure
compatibility.
Section 3: The City Council hereby approves Variance 03-15, to allow a maximum 12-
foot-high fence along the rear property line for three existing single-family residences
located at 13904, 13920, and 13934 Chancellor Way located in the Residential Single-
Family-2 (RS-2) when a maximum of 8 feet is allowed (as reflected on plans dated
October 15, 2003), subject to the following conditions:
A. Approval of this Variance shall apply only to the subject project and shall not
waive compliance with all other sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. The Variance granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding residential
uses.
D. The applicant shall comply with the Uniform Building Code and shall obtain a
Building Permit consistent with the approved Variance plans, dated October 15,
2003, prior to construction, as amended below:
1. Prior to issuance of a Building Permit, the plans shall be revised to show
the building materials for the fence consistent in color, type, and texture
with other fencing material on the existing residence lot, to the satisfaction
of the Director of Development Services.
Resolution No. P-03-73
Page 3
Section 4: The approval of Variance 03-15 shall expire on November 4, 2005, unless
the applicant and/or property owner applies for and obtains approval of a Building
Permit.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, this 4th day of November 2003.
Michael'l~ Caf'agna ~
ATTEST:
P~oples, City Cl~rk
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- 03-73 duly adopted by the
City Council at a meeting of said City Council held on the 4th day of November 2003,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE ~_ nl~ e ~,..,~.,~, ~_~ .,,~0~
P~(~p[es, City C~erk
City of Poway