Res P-04-34
RESOLUTION NO. P-04-34
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 04-02
ASSESSOR'S PARCEL NUMBER 275-712-15
WHEREAS, Variance 04-02, submitted by Valerie Quate, Applicant, requests
approval of a Variance to allow a maximum 11-foot-high fence, which is a combination
. of a retaining wall and wood fence, along the side property line for a recently
constructed single-family residence where a maximum 6-foot-high fence is allowed.
The subject property is located in the Rural Residential C (RR-C) zone at 13757
Rostrata Road; and
WHEREAS, on May 4, 2004, 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 resolve 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 04-02 to allow a maximum 11-foot-high fence, which is a
combination of a retaining wall and wood fence, along the side property line for a
recently constructed single-family residence located at 13757 Rostrata Road in the
Rural Residential C (RR-C) Zone, as shown on the site plan dated March 17,2004, 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
5 feet higher than the adjacent property to the west; 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,
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
the side property line and is constructed of materials appropriate to existing
fencing in the residential area; and,
Resolution No. P-04-34
Page 2
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 Rural Residential C (RR-C) zone have extended their
side or rear fences to provide privacy; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C 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 use is permitted and does not result in a density increase.
Section 3: The City Council hereby approves Variance 04-02, to allow a maximum 11-
foot-high fence, which is a combination of a retaining wall and wood fence, along the
side property line for a recently constructed single-family residence located at 13757
Rostrata Road in the RR-C zone when a maximum of 6 feet is allowed (as reflected on
plans dated March 17, 2004), 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 March 17,
2004, prior to construction, as amended below:
1. Applicant shall obtain a Building Permit for the retaining wall and fence.
The submittal package shall contain adequate engineering information to
show that the retaining wall is designed to hold the wood fence.
Section 4: The applicant shall obtain a building permit within 90 days of the approval or
remove the fence. If a building permit is not obtained by August 1, 2004, then approval
shall become null and void. The approval of Variance 04-02 shall expire on May 4,
2006, unless the applicant and/or property owner applies for and obtains approval of a
Building Permit.
Resolution No. P-04- 34
Page 3
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 4th day of May 2004.
ATTEST:
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- 04-34 duly adopted by
the City Council at a meeting of said City Council held on the 4th day of May 2004, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON