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Res P-08-14 RESOLUTION NO P-08-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 08-03 ASSESSOR'S PARCEL NUMBER 321-190-06 WHEREAS, Variance (VAR) 08-03 was submitted by James Cain, Owner, to allow construction of a combined wall/fence to have a height up to 12 feet, 8 inches in height along the rear yard area and driveway of the residential property located at 14405 Tierra Bonita Road when the maximurn height permitted within the Residential zone is 6 feet; and WHEREAS, on July 1, 2008, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application, and 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 2 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Guidelines, in that the project involves the reconstruction of a replacement retaining wall for an existing single"family residence Section 2 The findings, in accordance with Section 1750050 of the Poway Municipal Code, to approve Variance 08-03 to allow the height of a combined wall/fence constructed along the rear property lines and driveway of the property, locatedat 14405 Tierra Bonita Road, to have a height up to 12 feet, 8 inches when the maximum height permitted within a residential zone is 6 feet, are made as follows. A. That there are special circumstances applicable to the property, in that the property is located at the base of a terraced hillside, so the area of development for yard space is limited and this is a replacement retaining wall. 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 is located at the base of a hill and adjacent residential properties to the east and south are at higher elevations, which results in diminished rear yard area. C Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that a Building Permit will be required for the wall/fence to insure the structural integrity Resolution No P-08-14 Page 2 D Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone, because the adjoining properties can have retaining walls. E. Granting the Variance would not allow a use not otherwise expressly authorized by the Poway Municipal Code, because fencing is permitted in the Rural Residential C zone F Granting the Variance will be compatible with the City's General Plan, because the fencing is permitted on residentially-zoned property Section 3 The City Council hereby approves Variance 08-03, a request to allow a combined wall/fence to have a height up to 12 feet, 8 inches in the rear yard area and driveway of the residential property located at 14405 Tierra Bonita Road when the maximum height permitted within the Residential zone is 6 feet. The proposal is approved as shown on the plans dated April 23, 2008, subject to the following conditions. A. Approval of this Variance request 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 Grading or Building Permit Issuance B Within thirty (30) days after City Council approval of the Variance, the applicant shall submit in writing to the City that all Conditions of Approval have been read and understood. C The applicant shall comply with the Uniform Building Code and shall obtain a Building Permit consistent with the approved Variance plans, dated April 23, 2008, and subject to the following conditions: 1 The applicant shall submit engineering information/structural calculations to demonstrate required retaining wall construction specifications. The calculations shall clearly demonstrate that the design of the wall will accommodate the required safety fencing that will be placed on top of the retaining wall. 2 If any soils reports are required, the soils/geological report shall be prepared by an engineer, licensed by the State of California to perform such work, and shall be submitted with the building permit. Resolution No P-08-14 Page 3 Section 4. Pursuant to Government Code Section 66020(d)(1), the 90-day period to protest the imposition of any fee, dedication, reservation, or other exaction described in this Resolution begins on July 1, 2008, any such protest must be in a manner that complies with Government Code Section 66020 In addition to the appeal requirements pursuant to Government Code, a written appeal of this decision pursuant to the Poway Municipal Code must also be filed. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 1st day of July 2008 ATTEST ~ 1;~V'1J'~ Salam Hasenin, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No P-08-14, was duly adopted by the City Council at a meeting of said City Council held on the 1st day of July, 2008, and that it was so adopted by the following vote AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT NONE DISQUALIFIED' NONE ~L ;/t:---:J6vJ""" Salam Hasenin, City Clerk City of Poway