Res P-06-06 RESOLUTION NO. P-06-06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 05-16
ASSESSOR'S PARCEL NUMBER 317-101-24
WHEREAS, a request for Variance (VAR) 05-16 was submitted by Community
®using Works to construct a 6-foot-high, partially open wall along the interior property
yes separating a commercial and residential use, instead of the 8-foot-high, solid wall
.t is required by Section of 17.10.150(B) of the Poway Municipal Code; and
WHEREAS, on January 24, 2006, the City Council held a duly advertised public
raring 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,
s follows:
erection 1: The project is exempt from the California Environmental Quality Act
(CEQA), as a Class 5 Categorical Exemption, pursuant to Section 15305 of the CEQA
uidelines, in that the project involves a minor alteration in land use limitations, i.e. a
variance for wall height and design, which does not alter use or zoning of the site.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
:"Code, to approve Variance 05-16, a request to construct a six-foot-high, partially open
wall along the interior property lines separating a commercial and residential use, instead
of the eight-foot-high, solid wall that is required by Section of 17.10.150(B) of the Poway
Municipal Code, are made as follows:
A. That there are special circumstances applicable to the property in that the
commercial office use on this property would not have late business hours, bright
lighting, or noise that are associated with other types of commercial uses and,
,d...
accordingly, would not have an adverse impact on the adjacent residential use;
therefore, an alternative wall design is appropriate; 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 an
eight-foot-high, solid wall is not appropriate in this situation since the office use
will not impact the adjacent residential use; and
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity in that the wall design is aesthetically pleasing in
appearance; and
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitations upon other properties in the vicinity and zone in
that, given the circumstances in this situation, an alternative wall design is
appropriate; and
YI
. Resolution No. P-06-06
Page 2
r �4
:1Granting the Variance would not allow a use or activity not otherwise expressly
authorized in the subject zone; and
That the proposed Variance will be compatible with the City's General Plan
because the wall design is aesthetically pleasing in appearance.
•
Vection 3: The City Council hereby approves Variance 05-16, a request to construct a
; -foot-high, partially open wall along the interior property lines separating a commercial
• T
end residential use, instead of the 8-foot-high, solid wall that is required by Section of
.',''.',,'4.10.150(B) of the Poway Municipal Code, on property located at the southwest corner
Hilleary Place and Community Road, in the Commercial Office (CO) zone subject to
`' he following conditions:
Approval of this Variance shall apply only to the subject wall height 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.
rA 'w- The wall shall be constructed in compliance with the plans for the project dated
November 14, 2005 and be completed prior to the issuance of a Certificate of
Occupancy for the office building that was approved pursuant to Development
Review 05-06.
.C. Shielding shall be provided on exterior lighting fixtures to contain light on the
commercial office project (Development Review 05-06) site away from the
adjacent residential uses. Shielding shall be noted on the project's lighting plan.
D. The property owner shall ensure that all business activity on the commercial/office
site is conducted in such a manner to minimize impacts to the adjacent residential
uses.
Section 4: The approval of Variance 05-16 shall expire on January 24, 2008, at
5:00 p.m. unless construction of the wall has commenced.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 24th day of January 2006.
Ow‘iirirk
.�
Michael P. CafaftiMi►•,
ATTE T:
L. Diane Shea, City Clerk