Res P-05-54
RESOLUTION NO. P-05-54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 05-09
ASSESSOR'S PARCEL NUMBER 317-060-37
WHEREAS, Variance 05-09, submitted by Michael Salazar, Applicant, requests
approval of a Variance to allow a maximum 8-foot-high retaining wall in the rear yard,
where a maximum 6-foot-high retaining wall is permitted, on a developed single-family lot
located at 13523 Frame Road, in the Residential Single-Family 7 (RS-7) zone; and
WHEREAS, on August 16, 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 single-family property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 05-09 to allow a maximum 8-foot-high retaining wall in the rear
yard, which extends from the north side property line to the south side property line, for an
existing single-family residence located at 13523 Frame Road, in the Residential Single-
Family 7 (RS-7) Zone, as shown on the site plan dated June 17, 2005, 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 has a limited rear
yard area, with an approximate 20 foot high slope, and the 8-foot-high retaining wall
adds approximately 14 more feet of useable yard area; 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 a reasonable sized useable rear yard 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 wall will be located in the rear
yard of the property and will be constructed of materials appropriate to existing walls
in the residential area; and,
Resolution No. P-05-54
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 RS-7 zone have added retaining walls to provide more
useable rear yard area and stabilize slopes; 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
retaining walls are 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 05-09, to allow a maximum 8-foot-
high retaining wall, which extends from the north side property line to the south side
property line, for an existing single-family residence located at 13523 Frame Road, in the
RS-7 zone, when a maximum height of 6 feet is allowed (as reflected on plans dated June
17, 2005), 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 June 17, 2005,
prior to construction:
1. The existing Building Permit shall be amended to comply with the following:
a. A supplemental Building Permit for the 8-foot-high retaining wall shall
be obtained. The submittal package shall contain adequate
engineering information to demonstrate required retaining wall
construction specifications.
b. Documentation that the Engineer of record has verified that the wall
was actually constructed as designed shall be submitted to the
satisfaction of the Building Inspector.
2. Applicant will be required to remove a portion of the existing wall to the
satisfaction of the Development Services Department to verify the
construction method.
Resolution No. P-05-54
Page 3
3. If it is determined that the retaining wall was not constructed to the standards
for an 8 foot high wall the applicant will be required to reduce the height of
the retaining wall to 6 feet or demolish and rebuild to the required code for an
8-foot high wall.
Section 4: The applicant shall obtain a Building Permit within 90 days of this approval or
reduce the height of the wall to 6 feet. If a Building Permit is not obtained by November
14,2005. then approval shall become null and void. The approval of Variance 05-09 shall
expire on November 14, 2005, 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 16th day of August 2005.
ATTEST:
ir/J:!Zcl~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. P-05-54 was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of August 2005, and that it was so
adopted by the following vote:
AYES:
REXFORD,EMERY,CAFAGNA
NOES:
ABSENT:
NONE
DISQUALIFIED:
BOYACK, HIGGINSON
NONE
>t~~
L. Diane Shea, City Clerk
City of Poway