Res P-07-11
RESOLUTION NO. P-07-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 07-04
ASSESSOR'S PARCEL NUMBERS 277-080-09 and 12
WHEREAS, Variance (VAR) 07-04; Bill Yen, Applicant; Gary Sabin, Owner: A
request for approval to allow the construction of a series of single-face retaining walls,
and a combination of retaining wall and fence, that will range from 6 to 12 feet in height
when the standard requires two 6-foot walls separated by a 5-foot-wide landscape
bench. There are approximately 1,300 linear feet of retaining walls that will exceed the
6-foot height limit proposed along the 1.3-mile access road that traverses through
TTM 02-02, The Heights, of which approximately 900 linear feet will consist of the
plantable, Green Wall design; and
WHEREAS, on March 13, 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 the 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 will not result in
any change in land use or increase in density.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code, to approve Variance 07-04, to allow for the construction of
approximately 1,300 linear feet of single-face retaining walls to extend 6 to 12 feet in
height along the interior roads within the TTM 02-02 subdivision and the construction of
a 4-foot-high protective fence on top of a maximum 8-foot-tall retaining wall on the City's
water reservoir access road, with both requests located at the eastern terminus of
Valley View Road, east of Old Coach Road, as shown on the site plan dated February
2,2007, 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 very steep sloping
topography along the access road creates a unique setting where strict
compliance with City development codes will result in a greater visual impact,
more grading, and an increase in the loss of native vegetation; 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 other
subdivisions and roadways in the Old Coach area are located primarily in or near
the valley floor and are not encumbered by to the steep hillside terrain of this
Resolution No. P-07-11
Page 2
property. Additionally the roadway already exists, as so many of the large cut and
fill slopes. The applicant is widening the road to meet City development criteria;
and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the retaining walls over 6 feet in height
require the approval of building permit to insure their safety. The 6-foot
protective fence is necessary to prevent pedestrian and vehicles from
accidentally driving or falling over the steep edge created by the down slope
retaining wall; 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 the road and many of the cut and fills slopes have been in place for many
years. In addition, a similarly steep access road with large cut slope was
approved in the adjoining Heritage II development in association with the
construction of the City water reservoir and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized in the Rural Residential A (RR-A) zone in that retaining walls, or a
combination of retaining walls and fences are commonly found along roadways,
in single family homes and in subdivisions and are permitted by the Poway
Municipal Code and in this zone; and
F. That the proposed Variance will be compatible with the City's General Plan
because single-face, 6- to 12-foot-high walls will result in less grading, a reduced
amount of habitat clearing, and a reduced visual impact than the required double
wall standard.
Section 3: The City Council hereby approves Variance 07-04, to allow the
construction of approximately 1,300 linear feet of single-face retaining walls, and a
combination retaining wall and protective fence, to extend from 6 to 12 feet in height
located along the interior roads within the TTM 02-02 subdivision situated near the
eastern terminus of Valley View Road, east of Old Coach Road, as shown on the site
plan dated February 2,2007, subject to the following conditions:
A. 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.
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.
Resolution No. P-07-11
Page 3
D. The Grading Permit shall note that the Green Wall retaining wall system shall be
planted and irrigated to encourage plants and vines to cover the wall. To
minimize their appearance, both the Green Wall system and Keystone Walls
shall incorporate several different variations of earth tone colored blocks to match
the soil where they will be constructed in order to further blend the walls into the
surrounding environment. The colors and pattern shall be subject to the approval
of the Director of Development Services.
Section 4: The approval of Variance 07-04 shall expire on March 13. 2009. at
5:00 p.m. unless construction or use of the property in reliance on this permit has
commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 13th day of March 2007.
AVT~ M f c0L-.
~ne 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 that the
foregoing Resolution No. P-07-11, was duly adopted by the City Council at a meeting of
said City Council held on the 13th day of March, 2007, 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