Res P-98-70RESOLUTION NO. P-98-70
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 98-13
ASSESSOR'S PARCEL NUMBER 317-490-10
WHEREAS, Variance 98-13 submitted by Larry Quate, Applicant, requests a
variance to allow two (2) carport structure to observe a 10 foot separation from other
structures on the property when th ' ' ~aration distance required is 15 feet. The
property is located at 13130 Carriage Road within the Residential Apartment zone.
WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or oth described in this resolution begins on the effective date of
this resolution and any such protest must I: that complies with Section 66020.
WHEREAS, on December 15, 1998, 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, the City Council does hereby
follows:
The City Council finds that Variance 98-13 is exempt from the provisions of the
California E Iai Quality Act, Categorical Exemption Class 5, a minor
alteration to land use limitations and Class 3, the construction of accessory
st a property designated for multi-family residential development.
The approved project is consistent with the General Plan in that it involves
of accessory structures within a multi-family residential
development.
That there are special ~plicable 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 under identical zoning
classification.
The special include the fact that the subject apartment
compl :t under old County guidelines. The addition of the
carport will lessen the degree of non-conformity of the Carriage
Road Apartments.
4,
Resolution No. P - 98-70
Page 2
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed by
other property in the same vicinity and zoning for which the variance is
sought. Current zoning standards require that at ' ' :)artment
developments provide covered parking in the form of carports.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welfare, ' ' to the property
or imf 1 vicinity and zone in which the property is located in
that th 3ment should not have an adverse impact on surrounding
development in that the portions of the carport ~ich will observe
a lesser setback will be located within the interior of the complex.
That the granting of this variance does not constitute a special privilege
: with the I :)on other properties in the vicinity and zone
in that new apartment development throughout the City is required at a
minimum to provide covered parking in the form of carports.
That the granting of th' does not allow the Iy which is
not otherwise expressly authorized by zoning development regulations
governing the parcel or property in that accessory structures are permitted
in the Residential Apartment zone.
That the approved project will not have ad, :hetic, health, safety, or
architecturally related impact upon adjoining properties in that th ¥
structures have been designed so that they comply with City design
standards.
That the approved project encourages the orderly and h
apl; ~ :1 property within the City in that th
have been designed so that they will be compatible in appearance
with the existing building on the property.
The City Council hereby approves Variance 98-13 subject to the following
conditions:
Within 30 days of approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
-- Resolution No. P-98-70
Page 3
APPLICA~
:OLLOWI
;ONDITIONS:
ES
Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the conditions contained herein.
Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to the Planning Services Department prior 1 ~ building
permits.
Approval of this shall not waive compliance with all sections of the Zoning
Ord' :1 all other applicable City Ordinances in effect a the time of building
permit issuance.
The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ord ~:ect at the time of building
The appropriate Building Department approvals and fees shall be received prior to
the start of construction.
6. All new utilities shall be installed underground.
Landscaping and irrigation shall be added along the front of the property to screen
the carports from view from Carriage Road. A conceptual landscaping plan shall
be submitted to the Planning Services Department 1' :1 approval prior to
building permit issuance.
The eastedy elevation of the apartment building located closest to the street at the
driveway entrance shall be architecturally enhanced prior to certification of
occupancy.
This approval shall b ii and void if building permits have not been issued
on the project by December 15, 2000.
-- Resolution No. P- 98-70
Page 4
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of December, 1998.
Michael P. Ca(~
ATTEST:
~,~ayor
L~or ~n n~eoples,~Cit~Cle~k
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of December
1998 and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
%:nCeople s~,~ ~Ci~¢Clerk
City of Poway