Res P-04-40
RESOLUTION NO. P-04-40
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 04-05
ASSESSOR'S PARCEL NUMBER 321-031-30
WHEREAS, Variance 04-05, submitted by Country Ridge Estates, LLC, Tim
Connole, Applicant, requests approval of a fence height Variance to allow an approved
vehicle entry gate installed across Orchard View Lane at Country Ridge Estates to be
8.5 feet high, when the maximum height permitted in the Rural Residential B (RR-B)
High Valley zone is 6 feet; and
WHEREAS, on June 15, 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, 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 residential property.
Section 2:
The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to
approve Variance 04-05, a request to allow an approved vehicle entry gate that was
installed across Orchard View Lane at Country Ridge Estates to be 8.5 feet high, when
the maximum height permitted in the RR-B High Valley zone is 6 feet, 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 that the site is a cul-de-
sac street serving only four lots, so allowing an 8.5-foot-high entry gate will not
have a significant affect on vehicle access and the gate is designed with a
pedestrian gate.
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 other
residential lots in the area have gated private driveways and other residential
communities like the Heritage Development have gated vehicle entries.
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C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the gates are sited near the terminus of
Orchard View Lane and there is adequate turnaround space for vehicles.
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 residential lots in the area have gated private driveways and other
residential communities, like the Heritage Development, have gated vehicle
entries.
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-B High Valley zone because other residential lots in the
area have gated private driveways and other residential communities, like the
Heritage Development, have gated vehicle entries.
F. That the project as approved is consistent with the City's General Plan in that the
over-height gate will not result in adverse visual impact.
Section 3: the City Council hereby approves Variance 04-05, to allow an approved
vehicle entry gate that was installed across Orchard View Lane at Country Ridge
Estates to be 8.5 feet high, when the maximum height permitted in the RR-B High
Valley zone is 6 feet, subject to the following conditions:
A. Approval of this Variance 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.
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 commercial
uses.
D. The gated entry shall be constructed based on approved building plans and
Building Permit issued by the Development Services Department. Within 30
days of the approval of Variance 04-05, the necessary Building Permits and
approvals shall be obtained for the existing vehicle entry gate.
E. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. A minimum of 20-foot-wide fire access roadway must be maintained.
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2. An electrical powered gate across access way to residence(s) shall
have a Knox override key switch that shall be ordered through the
Poway Fire Department.
F. The applicant shall provide gate codes to the Public Works Department for
access to water meters and water main appurtenances to the satisfaction of the
Director of Public Works.
G. Prior to obtaining a final inspection on the Building Permits, the applicant shall
comply with the following:
1. The site shall be developed in accordance with the approved plan on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City Departments will be
required.
Section 4: The approval of Variance 04-05 shall expire on July 6, 2006, unless the
applicant applies for and obtains approval of a Building Permit.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, State of California, this 6th day of July 2004.
ATTEST:
Resolution No. P-04-40
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-04-40 was duly adopted by the
City Council at a meeting of said City Council held on the 6th day of July 2004, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Jeann unch, Interim City Clerk
City Poway