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
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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
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Salam Hasenin, City Clerk
City of Poway