Res P-05-04
RESOLUTION NO. P-05-04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 04-11
ASSESSOR'S PARCEL NUMBER 323-201-02
WHEREAS, Variance 04-11, submitted by MBR Investments, LLC (Monty
McCullough/Brett Ames), Applicant, requests approval of a Variance to allow a
maximum 8-foot-high combined retaining wall/fence to be constructed on Lots 2 and 3
of Tentative Parcel Map 04-01, when the maximum height permitted in the zone is
6 feet. The subject property is located at 13260 Cicero Way, within the Residential
Single-Family 7 (RS-7) zone; and
WHEREAS, on January 25, 2005, 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 04-11 to allow a maximum 8-foot-high combined retaining
wall/fence on Lots 2 and 3 ofTentative Parcel Map 04-01 located at 13260 Cicero Way,
within the Residential Single-Family 7 zone, as shown on the site plans dated
November 3, 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 that the grade
difference of the terraced lots of TPM 04-01 calls for the combined height of the
retaining walls and required rear yard privacy fencing on Lots 2 and 3 be up to
8 feet high in some areas to allow rear yard privacy; 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
Variance will allow Lots 2 and 3 to enjoy the right-of-privacy that other single-
family properties are allowed; and,
Resolution No. P-05-04
Page 2
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed retaining wall/fence will be
located along the rear property line of Lot 2 and the side and rear property lines
of Lot 3, and constructed of materials appropriate to existing walls/fencing in the
residential area; 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 residential lots in the RS-7 zone have 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 RS-7 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 04-11, to allow a maximum
8-foot-high fence, which is a combination of a retaining wall and wood fence, on Lots 2
and 3 of Tentative Parcel Map 04-01 located at 13260 Cicero Way, in the RS-7 zone
when a maximum of 6 feet is allowed (as reflected on plans dated November 3,2004),
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. Prior to Building Permit issuance, the applicant shall provide a revised Master
Tree Inventory for the subject property that accurately identifies the diameter of
the preserved and removed trees, so that the required replacement tree
mitigation can be determined.
E. The applicant shall comply with the Uniform Building Code and shall obtain a
Building Permit consistent with the approved Variance plans, dated November 3,
2004, prior to construction, as amended below:
Resolution No. P-05- 04
Page 3
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 approval of Variance 04-11 shall expire on January 25,2007, 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,
State of California, this 25th day of January 2005.
ATTEST:
X~~, -
L. Diane Shea, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-05-04 duly adopted by
the City Council at a meeting of said City Council held on the 25th day of January 2005,
and that it was so adopted by the following vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT: NONE
DISQUALIFIED: NONE
~~~
L. Diane Shea, City Clerk
City of Poway