Res P-07-01
RESOLUTION NO. P-07-01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE (VAR) 06-09
ASSESSOR'S PARCEL NUMBER 314-133-36
WHEREAS, Variance (VAR) 06-09; Gary Kite, Applicant: A request for a
Variance approval to allow the following: (1) two 8-foot-high retaining walls when the
maximum height permitted in the zone is 6 feet; (2a) a series of four parallel retaining
walls when the maximum number permitted in the zone is two; (2b) a series of three
parallel retaining walls when the maximum number permitted in the zone is two (3) allow
the distance between retaining walls to be two feet in some areas when a minimum
separation of five feet is required in the zone; (4) allow parking within the 18-foot
required front yard setback area; and (5) allow 57% of the 18-foot required front yard
setback to be paved when the maximum amount of paved surface permitted in the zone
is 50%. The subject property is located at 13844 Pomerado Road, within the
Residential Single-Family 7 (RS-7) zone; and
WHEREAS, on January 16, 2007, 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 City Council finds that this project is Categorically Exempt from the
California Environmental Quality Act (CEQA), as a Class 5 Categorical Exemption,
pursuant to Section 15305 of the CEQA Guidelines, in that the project involves a minor
alteration in land use limitations.
Section 2: The findings, in accordance with PMC Section 17.50.050, to approve
Items 2a and 3 of Variance 06-09 to allow (2a) a series of four parallel retaining walls
when the maximum number permitted in the zone is two and (3) allow the distance
between the retaining walls to be two feet in some areas when a minimum separation of
five feet is required in the zone as it relates to the existing terraced, landscape planter
located on the north side of the driveway on the subject lot. The subject property is
located at 13844 Pomerado Road within the Residential Single-Family 7 (RS-7) zone as
shown on the site plan dated October 2, 2006, 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 are that the steeply sloped front yard
promotes erosion problems and the existing terraced landscape planter as
designed is an effective, attractive solution to minimize site erosion; and
Resolution No. P-07-01
Page 2
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 lot
is constrained by the sloping topography and the terraced landscape planter as
designed is an effective, attractive solution to minimize site erosion; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the retaining wall terraced landscape
planters are sited clear of the City's public right-of-way; 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 terraced landscape planters have been in installed on other area single-
family residential properties to minimize erosion and provide an attractive yard
area; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the Zoning Code because retaining walls are permitted in the zone;
and
F. That the proposed Variance will be compatible with the City's General Plan,
because retaining walls are permitted and do not result in a density increase.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to deny Items 1, 2b, 4 and 5 of Variance 06-09 a request to allow (1) 8-foot-high
retaining walls when the maximum height permitted in the zone is 6 feet; (2b) a series of
three parallel retaining walls when the maximum number permitted in the zone is two (4)
allow parking within the 18-foot required front yard setback area; and (5) allow 57% of
the 18-foot required front yard setback to be paved when the maximum amount of
paved surface permitted in the zone is 50%. The subject property is located at 13844
Pomerado Road within the Residential Single-Family 7 (RS-7) zone as shown on the
site plan dated October 2, 2006, are made as follows:
A. While the subject lot does experience physical site constraints with a sloping
front yard, the strict application of the Zoning Code does not deprive the property
of privileges enjoyed by other properties in the vicinity; in that many of the
residential properties along the Pomerado Road corridor have only the garage
and driveway in front of the garage to park vehicles in accordance with the
Poway Municipal Code (PM C). Therefore, a Variance cannot be approved
because it would allow a privilege that other properties in the area do not have;
and
B. The ability to be able to park vehicles off-street within the front yard area on a
residential property is not considered to be necessary for the preservation and
Resolution No. P-07-01
Page 3
enjoyment of a substantial property right enjoyed by other property owners in the
same vicinity; and,
C. Granting the Variance would be materially detrimental to the public health, safety,
or welfare in the vicinity in that vehicle parking within the front yard area would
visually dominate the appearance of the site; and
D. That granting this Variance would constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in
that it would allow a privilege that other properties in the area and zone do not
have; and
E. Granting the Variance would allow a use or activity that is otherwise expressly
not authorized by the Zoning Code because parking within the front yard area as
proposed is not permitted in the zone; and
F. That the proposed Variance would not be consistent with the City's General Plan,
in that Goal 1, Policy E, Strategy 2 of the Community Design Element requires
that a minimum of two garage parking spaces be provided for each residence
and recreational vehicle parking be located adjacent to the driveway and outside
of the front yard or within a fenced rear yard.
Approval of this Variance shall apply only to the subject project, and shall not
waive compliance with all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at the time of Building Permit issuance.
Section 4: The City Council hereby approves Items 2a and 3 of Variance 06-09 to
allow the following: (2a) a series of four parallel retaining walls when the maximum
number permitted in the zone is two and (3) allow the distance between retaining walls
to be 2 feet in some areas when a minimum separation of 5 feet is required in the zone
as it relates to the terraced landscaped planter along the north side of the driveway on
the subject property. The subject property is located at 13844 Pomerado Road within
the Residential Single Family 7 (RS-7) zone as shown on the site plan dated October 2,
2006, subject to the following conditions:
A Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
B. 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.
C. Within 45 days of the approval of Variance 06-09 the applicant shall submit
applications to obtain the necessary approvals and permits from the
Development Services - Engineering Division for the terraced, landscaped
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Page 4
planters along the north side of the driveway; and to remove and/or modify the
existing non-conforming retaining walls located south of the driveway on the
subject property to comply with City standards.
1. If grading for the retaining walls is to exceed 50 cubic yards of earthwork,
or if the cut is greater than two feet in vertical depth and creates a cut
slope steeper than 2:1 (two horizontal to one vertical), or if the fill is more
than one foot in vertical depth, then the applicant shall apply for a Grading
Permit and submit a grading plan for review and approval to the City's
Development Services Department.
If the above conditions do not apply, then the applicant shall provide a
certification from a State Registered Civil Engineer or licensed architect
indicating the quantity of earthwork involved prior to obtaining a Building
Permit.
2. A Right-of-Way Permit shall be obtained from the Engineering Division of
the City's Development Services Department prior to performing any work
within a public street right-of-way or any City-held easement. The permit
application shall include:
a. A copy of the contractor's "A" license.
b. A copy of a $1 million insurance certificate, with the City of Poway
named as certificate holder and additional insured. Insurance
certificate to include an Additional Insured Endorsement.
c. Proof of Workman's Compensation Insurance.
d. Traffic control plan.
e. Construction plan, cost estimate, schedule, and description of work.
f. OSHA Trenching Permit for any trench over five feet in depth.
g. Fees and security deposit. The permit fee is $50.00. The amount
of security to be posted shall be based on 10% of the construction
cost estimate, or $5,000 cash, whichever is the greater amount.
3. Prior to deeming construction of the right-of-way work as complete, the
property owner shall repair, to the satisfaction of the City Engineer, any
damages to Pomerado Road caused by construction activity from this
project.
Section 5: The approval of Variance 06-09 shall expire on Januarv 16. 2009. at
5:00 p.m., unless construction or use of the property in reliance on this permit has
commenced prior to its expiration.
Resolution No. P-07-01
Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of January 2007.
ATTEST:
~~~c0Ie~-
L. lane 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-07-01, was duly adopted by the
City Council at a meeting of said City Council held on the 16th day of January 2007 and
that it was so adopted by the following vote:
AYES: BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES: EMERY
ABSENT: NONE
DISQUALIFIED: NONE
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