Res P-05-69
RESOLUTION NO. P-05-69
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 05-02
ASSESSOR'S PARCEL NUMBER 275-720-14
WHEREAS, Variance 05-02, submitted by Frank Gaughan, Applicant, requests
approval of a Variance to allow a maximum 9-foot 6-inch-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 16204 Orchard Bend Road, in the Rural Residential C (RR-C) zone;
and
WHEREAS, on October 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 single-family property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 05-02 to allow a maximum 9-foot-6-inch-high retaining wall in
the rear yard, which extends 110 feet in length near the north rear property line, for an
existing single-family residence located at 16204 Orchard Bend Road, in the Rural
Residential C (RR-C) 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 contains a 20-foot-
high slope with extensive vegetation that was experiencing erosion, and the 9-foot
6-inch-high retaining wall contains the erosion and adds approximately 7 more feet
of useable yard area behind the guest house; 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 wall
contains the erosion and creates more useable yard area behind the existing guest
house 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-05-69
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 RR-C zone have added retaining walls to contain erosion;
and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR-C 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 05-02, to allow a maximum 9-foot
6-inch-high retaining wall, which extends 110 feet in length near the north rear property
line, for an existing single-family residence located at 16204 Orchard Bend Road, in the
RR-C 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,
and subject to the following conditions:
1. The applicant shall submit engineering information to demonstrate required
retaining wall construction specifications. Since the height of the wall varies,
the plans shall include specifications for each segment of wall height to the
satisfaction of the Director of Development Services.
2. The applicant shall submit documentation that the engineer of record has
verified that the wall was constructed as designed to the satisfaction of the
Director of Development Services.
3. The applicant shall allow inspections of the wall by the City to verify that the
construction is consistent with the approved building plans. This will require
the applicant to remove portion(s) of the existing wall as determined
necessary by the Building Inspector to verify the construction method.
Resolution No. P-05-69
Page 3
4. If it is determined that the retaining wall was not constructed to the as
specified in the approved plans, the applicant shall make any modifications
necessary to bring the wall into compliance as determined by the Director of
Development Services.
Section 4: The applicant shall obtain a Building Permit by March 25, 2006. If a Building
Permit is not obtained, then approval shall become null and void.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 25th day of October 2005.
ATTEk~
83:;.. She., City CI,,.
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-05-69 was duly adopted by the City Council
at a meeting of said City Council held on the 25th day of October 2005, and that it was
so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway