Res P-04-98
RESOLUTION NO. P-04-98
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 04-12
ASSESSOR'S PARCEL NUMBER 314-370-37
WHEREAS, Variance 04-12, submitted by Ner Tamid Synagogue, Applicant,
requests approval of a Variance to allow an 8-foot-high wall along the shared property
line of the Synagogue (15318 Pomerado Road) with the residential property located at
15359 La Manda Drive, when the maximum height permitted in the zone is 6 feet; and
WHEREAS, on December 21, 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 property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 04-12, to allow an 8-foot-high wall along approximately 92
feet of the shared property line of the Ner Tamid Synagogue (15318 Pomerado Road)
with the residential property located at 15359 La Manda Drive, when 6 feet is the
maximum height permitted in the Rural Residential C zone are made as follows:
A. That there are special circumstances applicable to the property and because of
this the strict application of the Zoning Code deprives the property of privileges
enjoyed by other properties in the vicinity with the identical zoning classification.
The special circumstances include the fact that, as the result of the grading for
the project, the subject property is now approximately two feet higher than the
adjacent residential property, impacting the privacy of the residential property;
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 lots in the area
are allowed; and,
Resolution No. P-04-98
Page 2
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the wall will be located along a shared
private property line and consist of decorative masonry block construction; and,
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone in that other
single-family residences in the area are able to enjoy privacy because of yard
fencing; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C zone because single-family residences are a permitted
use and fencing/wails are permitted; 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 04-12 to allow an 8-foot-high
wall along the shared property line of the Ner Tamid Synagogue (15318 Pomerado
Road) with the residential property located at 15359 La Manda Drive (as shown on the
project site plan dated November 5, 2004), when 6 feet is the maximum height
permitted in the Rural Residential C, 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 Code 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. Prior to the issuance of a Building Permit:
1. The applicant shall comply with the Uniform Building Code and shall
obtain a Building Permit consistent with the approved Variance site plans,
dated November 5, 2004, and conditions of approval on file in the
Development Services Department and the conditions contained herein.
Section 4: The approval of Variance 04-12 shall expire on December 21,2006, unless
the applicant applies for and obtains approval of a Building Permit.
Resolution No. P- 04-98
Page 3
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 21 st day of December 2004.
ATTEST:
i
Jeann unch, Deputy City Clerk
City Poway
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-04-98 duly adopted by
the City Council at a meeting of said City Council held on the 21 st day of December
2004, and that it was so adopted by the following vote:
AYES:
80YACK, EMERY, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
HIGGINSON
DISQUALIFIED: NONE
e Bunch, Deputy City Clerk
of Poway
/