Res P-00-09RESOLUTION NO. P- 00-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-19
ASSESSOR'S PARCEL NUMBERS 277-200-06, 14;
277-201-06, 15; 277-202-08, 13, 24
WHEREAS, Vadance 99-19 was submitted by David Davis/Old Coach Realty, Inc.,
applicant, to request that will allow. 24 foot front yard setback rather
than the required 40 foot setback. Encroachments of up to 16 feet into the front yard
setback are requested for Lots 6, 14, 20, 29, 47, 52 and 63 in The Heritage Golf Estates
subdivision, east side of Old Coach Road and east and west sides of Old Coach Drive,
north of Espola Road, within the Planned Community (PC) zone of the Old Coach Golf
Estates Specific Plan.
WHEREAS, on January 18, 2000, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
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 other exaction described in this resolution begins on the effective date of
this resolution and any such protest must I: that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: E
The City Council hereby finds that the project is Categorically Exempt (Classes 3
and 5) from the California E Quality Act in that it is the construction of
single family residences and minor alterations to land use limitations.
~ 2: Findings:
Variance 99-19
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 with the identical zoning
classification. The special include the fact the subject lots
were graded with irregular shaped pads to p iural features at the
rear of the lots and the lots were designed to follow the natural contours.
That granting of the variance or its modification is necessary for the
preservation of a substantial property right possessed by other property in
Resolution No. P- 00-09
Page 2
the same vicinity and land use designation for which the variance is being
sought in that it will allow the of custom homes (similar to
existing custom homes in the area) to be developed on irregular shaped
pads to p :ural features and habitat at the rear of the lots.
That granting th 'lification will not be materially detrimental
to the public health, safety, or welfare, or injurious to the property or
imp in such vicinity and zone in which the property is located in
that it will allow th : houses with garages on th lots
while not creating traffic/sight distance ob ~ and will preserve an
adequate setback from the street.
That the granting of this variance does not constitute a special privilege
I with the I ;)on other properties in the vicinity and zone
in that th I allow the construction of seven houses on lots within
The Heritage, Unit 1, with variable front yard setbacks of between 24 feet
and 40 feet, and will not allow any not otherwise allowed
within the Old Coach Golf Estates Planned Community (PC) zone
(comparable to Rural Residential :lards).
=
That the granting of this variance does not allow the use or activity which
is not otb ~ressly authorized by the Poway Municipal Code in that
single family residences and enclosed parking are allowed in the Planned
Community (PC) zone and the General PI ;les varied front yard
setbacks to provide variety along street frontages of neighborhoods.
)n 3:
The City Council hereby approves Variance 99-19 subject to the following
conditions:
Compliance shall be approved by the Department of Development Services,
Planning Division.
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
The Variance shall apply to the request for front yard setback encroachments for
Lots 6, 14, 20, 29, 47, 52 and 63 of The Heritage Golf Estates, Unit 1.
A Minor Development Review Application (MDRA) is required for each lot. The
applicant and/or property owner shall apply for and obtain approval of an MDRA for
Resolution No. P- 00-09
Page 3
each lot subject to this V later than January 18, 2002. The expiration of
this V 1 lot shall coincide with the expiration date of each MDRA.
Building permits shall be issued for Lots 6, 14, 20, 29, 47, 52 and 63 based on
Variance 99-19 that is good for the duration of each MDRA approval.
Compliance with the following condition is required. Compliance shall be approved
by the Department of Safety Services.
This Variance shall not modify req for lots to comply with the City of Poway
Guide to Landscape Req related to fuel management zones;
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 18th day of January 2000. --~ ~
ATTEST:
nne Peoples, C~t¢ Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Michael P. Cafa~
r
)
)ss.
)
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P- 00- 09 duly adopted by the
City Council at a meeting of said City Council held on the 18th day of January, 2000, and
that it was so adopted by the following vote:
AYES: HIGGINSON, GOLDBY, EMERY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ne Peoples,
City of Poway