Res P-91-16NO. P- 91-16
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING VARIANCE 90-12 AND
MINOR DEVELOPMENT REVIEW 90-79
PARCEL NUMBER ·
Variance 90-12 and Minor Development Review 90-79,
submitted by Leroy C. Marten, applicant, requests approval to allow
a seven foot t of a tennis court fence into the required
front yard setback at 13959 Arbolitos Drive in the PC (Planned
Community) zone; and
on February 26, 1991, the City Council held a duly
advertised public hearing to solicit from the public, both
pro and con, relative to this application.
Section 1: Find~ :
The City Council finds that 90-12 and Minor
Development Review 90-79 are exempt from the provisions of the
California tal Quality Act, Categorical Exemption
Class 5, as it is a minor alteration to land use limitations.
SE :
That there are special applicable to the
property, and because of this, the strict application of
the zoning development ordinance deprives the property of
privileges enjoyed by other properties in the vicinity
under identical zoning classification.
The property is "L" shaped in configuration and slightly
irregular in width within the area proposed for the
tennis court.
That granting the or its modification is
y for the preservation and t of a
substantial property right ~ by 6ther property
in the same vicinity and zone for which the is
sought.
Two other Palisades properties contain tennis courts, and
a variance from required front yard setback was granted
to one of the two.
That granting the or its mod will not
be mat rially det to the public health, safety,
or wel are, or injurious to the property or imp
in suc vicinity and zone in which the property is
locate
4e
Resolution No. P-91-16
Page 2
The granting of this varian e does not constitute a
special privilege inconsisten with the li itatio upon
other properties in the vicin ty and zone n whic such
property is in tha the any lo with n the
Palisades project area which contains adequa e yar space
may construct a tennis court.
The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
zoning regulations governing the parcel of property, in
that tennis courts are considered a permitted
structure in any residential zone.
That the granting of the variance or its modification
will not be incompatible with the Poway General Plan in
that the site is designated for single-family development
and related y uses.
The City Council hereby approves Variance 90-12 and Minor
Development Review 90-79 subject to the following conditions:
Within 30 days of approval (1) The applicant shall submit
in writing that all conditions of approval have been read
and understood; and (2) the property owner shall execute
a on Real Property.
The use conditionally granted by this permit shall not be
conducted in such a manner as to interfere with the
reasonable use and enjoyment of surrounding residential
and semi public uses.
SHALL CONTACT THE OF
2E WITH THE FOLLOWING CC
The site shall be developed in accordance with the approved
site plan and elevations on file in the Planning Services
Department.
The appropriate Building Department approvals shall be
received prior to initiation of construction.
Wind
shall be allowed for the tennis court fencing.
Drou ht tolerant landscaping shall be installed along the
fron perimeter of the court, so as to screen vews of the
cour The landscape plan shall be submitted to t e Planning
Department for approval prior to bull lng permit
Trees shall be installed along the eas side.
Resolution No. P-91-16
Page 3
A four to six foot high stucco wall shall be installed along
the Arbolitos Drive frontage for the tennis court to the
satisfaction of the Director of Planning Services.
This permit shall become null and void on February 26, 1993 if
building permits have not been issued.
Sf{ALL THE OF
~ CC WITH THE FC CC
The site shall be graded in compliance with a City approved
grading plan and permit if the project will require the
t of more that 50 cubic yards of soil or a change in
grade of more that one foot elevation.
and by the City Council of the City of Poway,
State of California, this 26th day of February, 1991.
ATTEST: ~ ~.th~ ~ayor
STATE OF
COUNTY OF SAN DIEGO
ty Clerk
)
) ss.
)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution· No. P-91-16 , was duly adopted by the City Council
at a meeting of said City Council held on the ~6th day of
· 1991, and that it was so adopted by the following
vote:
AYES: EMERY,
NOES: NONE
NONE
ABSENT: NONE
SNESKO,