Res P-99-26RESOLUTION NO. P- 99-26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 98-18
ASSESSOR'S PARCEL NUMBER 317-122-28, 47 and 66
WHEREAS, Variance 98-18 submitted by C Christian School, Applicant,
requests to allow the addition of 3-5 feet of chain link fencing to the top of an
existing 8 foot high masonry wall located along the rear and side property lines of the
C Christian School located at 13617 Midland Road within the Residential Single
Family 2 zone.
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb 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 April 13, 1999, 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 98-18 is exempt from the provisions of the
California E Quality Act, Categorical Exemption Class 5 ,in that it is a
minor alteration to land use limitations.
o
The approved project' l with the General Plan in that it involves
th :a wall/f ~ool property which is an allowed use
within a single family zone with the approval of a conditional use permit.
That there are special ' 3plicable 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 ' de the fact that additional fence height will
provide the needed physical buffer between the school use and the adjacent
residential development.
-- Resolution No. P- 99-26
Page 2
That granting the variance or its modification is necessary for the
p and enjoyment of a substantial property right possessed by
other property in the same vicinity and zoning for which the variance is
sought in that the additional fence height will help buffer and alleviate the
nuisance impacts of school playground balls from going into the adjacent
residential yards.
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 the additional height should not have an adverse impact :ling
development in that the proposal for the additional fence height is at the
request of an adjacent residential neighbor.
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 a buffer wall is required between a school use and adjacent residential
development.
That the granting of th' does not allow the use or activity which is
not otherwise expressly authorized by zoning development regulations
governing the parcel or property in that a buffer wall is required between a
school use and adjacent residential development.
That the approved project will not have aC :hetic, health, safety, or
architecturally related impact upon adjoining properties in that the the
proposal for the additional fence height is at the request of an adjacent
residential neighbor to provide privacy and alleviate th ~ school
playground balls from going into adjacent residential yards.
The City Council hereby approves Variance 98-18 subject to the following
conditions:
1. Within 30 days of approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
-- Resolution No. P- 99- 26
Page 3
APF
ONDITIONS:
RVlCES
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 elevar 3orating all conditions of approval
shall be submitted to the Planning Services Department pdorl : building
permits.
Approval of this shall not waive compliance with all sections of the Zoning
Ord -I 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
permit issuance.
The appropriate Building Department approvals and fees shall be received prior to
the installation of the additional fencing.
A sample of the proposed matedal for the slats that are to be inserted into the chain
link back stop fencing shall be submitted to the Planning Services Department for
:1 approval prior to building permit issuance.
The combined back stop fence/8 foot masonry wall shall be maintained in an
atl :lition. The slats within the back stop fencing shall I: -1 and
replaced regularly as needed.
This approval shall I: I and void if building permits have not been issued
on the project by April 13, 2001.
- Resolution No. P -99- 26
Page 4
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of April, 1999.
ATTEST:
nne Peoples, City Cl~rk
Michael P. Cafa~a, ,MaWr
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
1999 and that it was so adopted by the following vote:
AYES: EMERY,
NOES: NONE
ABSTAIN: N 0 N E
ABSENT: NON E
day o¥
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
Lori Anne Peoples, City Clerk
City of Poway