Res P-02-68
RESOLUTION NO. P-02-68
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING ENVIRONMENTAL ASSESSMENT 02-25,
MODIFICATION TO MAJOR USE PERMIT P65-165(M),
DEVELOPMENT REVIEW 02-20 AND VARIANCE 02-11
FOR THE RELOCATION OF 4 MOBILE HOMES WITHIN
THE POINSETTIA MOBILE HOME PARK
ASSESSOR'S PARCEL NUMBERS 314-220-66, 67 and 68
WHEREAS, on December 30, 1965, the County of San Diego Board of Supervisors
approved Special Use Permit 65-165 and Variance to establish a trailer park with 236
spaces at the northwest corner of Edgemoor Street and Brighton Avenue; and
WHEREAS, on June 28, 1966, the County of San Diego Board of Supervisors
approved Special Use Permit 66-49 to add 18 trailer spaces to the existing trailer park; and
WHEREAS, on January 31,1966, the County of San Diego Board of Supervisors
approved Special Use Permit 66-161 to create a recreational facilityforthe trailer park; and
WHEREAS, applications for Environmental Assessment 02-25, Modification to Major
Use Permit P65-165(M), Development Review 02-20 and Variance 02-11 were submitted
by the City to relocate 4 existing mobile home unit spaces currently located at 15002
through 15008 Orchid Avenue within the Mobile Home Park (MHP) zone to 2 vacant
properties located at 14025 and 14041 Brighton Avenue within the Residential Single-
Family-7 (RS-7) zone and the Old Poway Specific Plan area; and
WHEREAS, on November 12, 2002, 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 resolve as follows:
Section 1: The City Council finds that P65-165(M), DR 02-20 and VAR 02-11 are
Categorically Exempt (Classes 1, 3, and 5) from the California Environmental Quality Act
pursuantto Sections 15301 (1.2), 15303(b), and 15305 in thatthe project consists in thatthe
project consists of the relocation of 4 mobile home dwelling units within an existing mobile
home park and an alteration in land use limitations regarding lot size, width and depth of
mobile home unit space, front and side yard setback for mobile home unit, and wall height
without creating a new parcel.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for the modification to Major (Conditional) Use Permit P65-165(M) to relocate 4
existing mobile home unit spaces located at 15002 through 15008 Orchid Avenue within
the Mobile Home Park (MHP) zone to 2 vacant properties located at 14025 and 14041
Brighton Avenue within the Residential Single-Family-7 (RS-7) zone and the Old Poway
Specific Plan area, are made as follows:
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A. That the project is consistent with the Poway General Plan in that mobile home
parks are allowed within the Mobile Home Park Zone with the approval of a
Conditional (Major) Use Permit.
B. That the location, size, design, and operating characteristics of the use, as
conditioned, will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, buildings, structures, or natural resources, in that:
1. The use will be located on property is contiguous to the existing Poinsettia
Mobile Home Park on three sides.
2. The new mobile home unit spaces will be adjacent to an extension of Orchid
Lane within the existing Poinsettia Mobile Home Park.
3. The proposed 8-foot-high masonry wall along the westerly property line will
buffer the use from the future residential and commercial development to the
west.
C. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that
the lot size of the proposed mobile home spaces are consistent with exiting
development within the Poinsettia Mobile Home Park.
D. That there are available public facilities, services, and utilities to serve the use.
E. That there will not be a harmful effect upon desirable neighborhood characteristics
in that an 8-foot-high perimeter wall will provide privacy from adjoining uses.
F. That the generation oftraffic will not adversely impactthe surrounding streets and/or
the City's Transportation Element in that the 4 new spaces replaces 4 existing
spaces and, therefore, does not result in increased traffic and 4 off-street parking
spaces have been incorporated into the project to serve the new mobile home sites.
G. That the site is suitable for the type and intensity of use and development proposed
in that the site is in an area surrounded by mobile home park use and it has been
designed to be consistent with development standards of the existing mobile home
park.
H. That there will not be significant harmful effects upon environmental quality and
natural resources, in that the site has been previously graded and developed and
contains no native vegetation.
I. That there are no relevant negative impacts associated with the relocation of the
mobile home unit spaces that cannot be mitigated.
J. That the impacts, as described in subsections (A) through (I) of Section 17.48.070,
and the location, size, design and operating characteristics ofthe proposed use and
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the condition under which it would be operated or maintained. will not be detrimental
to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, nor be contrary to the adopted General Plan.
K. That the proposed relocation of mobile home unit spaces and subsequent use will
comply with all the applicable provisions of Chapter 17.48 of the Poway Municipal
Code.
Section 3: The findings, in accordance with Section 17.52 ofthe Poway Municipal Code
for Development Review Application 02-20 to install 4 mobile homes at the southern
terminus of Orchid Lane within the Poinsettia Mobile Home Park and to install a screening
wall, are made as follows:
A. That the proposed mobile homes will be an extension of the existing Poinsettia
Mobile Home Park. Therefore, the project respects the interdependence of land
values and aesthetics to the benefit of the City.
B. That the proposed mobile home spaces and future mobile home units are in
character with existing development in the Poinsettia Mobile Home Park and will be
located along an extension of the existing Orchid Lane within the Mobile Home Park.
Therefore, the proposed use does not conflict with the orderly and harmonious
appearance of structures and property within the City along with associated
facilities, such as, but not limited to design, landscaping and parking.
C. There are public facilities, services and utilities available as two single-family
residences previously existed on the property.
D. That the areas within the existing Poinsettia Mobile Home Park affected by the
mobile home relocation will be landscaped, and the slump block stone wall to the
west of the Poinsettia Mobile Home Park has been architecturally enhanced with
columns clad with stone veneer or rock. Therefore, the proposed development
respects the public concerns for the aesthetics of developments.
E. That the proposed mobile home relocation does not have an adverse aesthetic,
health, safety or architecturally related impact upon existing adjoining properties, or
the City in general in that the 8-foot-high and architecturally enhanced wall to the
west of the Poinsettia Mobile Home Park will provide separation between the mobile
home park and adjacent commercial and residential zones.
F. That with the grànting of a Variance and approval of a General Plan Amendment
and rezone, as required by the conditions of approval contained in this Resolution,
the proposed project will comply with all of the provisions of the Zoning Ordinance
and the General Plan.
Section 4: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code to approve Variance 02-08, to allow for an 8-foot-high wall along the western
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boundaries of Poinsettia Mobile Home Park north of Edgemoor Street, and to allow the
mobile home unit spaces to maintain an approximately 2,772-square-foot lot size where a
4,000-square-foot lot size is required, a 44-foot lot width and 63-foot lot depth where a 50-
foot lot width and 75-foot lot depth are required, and to allow the mobile home units to
observe a 3-foot side and front yard setback where a 15-foot front and 5-foot side yard
setback are required in the Mobile Home Park Zone, are made as follows:
A. There are special circumstances applicable 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
circumstances include the fact the subject property is surrounded by the Poinsettia
Mobile Home Park on three sides and is adjacent to both commercial and residential
zones to the west. The Mobile Home Park was constructed prior to current
development standards were adopted.
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 in that the project
entails the relocation of four existing spaces and the logical use of this property
surrounded by the Poinsettia Mobile Home Park on three sides is to create mobile
home spaces that are consistent with the character of the surrounding mobile home
development. An 8-foot-high wall is required to be constructed between commercial
and residential zones. The extension of the wall between two residential zones
allows for consistent design of the wall.
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed mobile home spaces are
consistent with the size, dimension and setbacks of existing mobile home unit
spaces within the Poinsettia Mobile Home Park. The wall will provide privacy
screening between the Mobile Home Park and adjoining commercial and
residentially zoned property and has been architecturally enhanced.
D. The granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
existing mobile home spaces within the Poinsettia Mobile Home Park have similar
lot size, dimensions, and setback.
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the MHP zone because mobile homes and screening walls are a
permitted use within the MHP zone.
F. That the proposed Variance will be compatible with the City's General Plan because
the use is permitted and does not result in a density increase.
Section 5: The City Council hereby approves P65-165(M), DR 02-20 and VAR 02-11 to
relocate 4 existing mobile home unit spaces located at 15002 through 15008 Orchid
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Avenue within the Mobile Home Park (MHP) zone to 2 vacant properties located at 14025
and 14041 Brighton Avenue within the Residential Single Family 7 (RS-7) zone and the Old
Poway Specific Plan area, subject to the following conditions:
A. Approval of the P65-165(M), DR 02-20 and V AR 02- 11 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 Building
Permit issuance.
B. Within 30 days of the date of this approval the property owner shall execute a
Covenant on Real Property in regard to this Resolution.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
D. The conditions of P65-165(M), DR 02-20 and VAR 02-11 shall run with the land and
be binding upon future owners, successors, heirs, and transferees of the current
property owner.
E. Prior to construction of public improvements, unless other timing is indicated, the
applicant/developer shall complete the following:
1. Submittal of improvement plans to the Development Services Department of
the City for review and approval.
2. Improvements shall be constructed in accordance with City adopted
standards and specifications, the latest adopted edition of the Standard
Specifications for Public Works Construction and its corresponding San
Diego supplements, and the current San Diego Regional Standard Drawings.
3. To insure compliance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of non-storm runoff into the storm drain system. The SWPPP
shall include, but not be limited to, an effective method of sediment control, a
desiltation basin, a material storage site, measures to protect construction
material from being exposed to storm runoff, protection of all storm drain
inlets, on-site concrete truck wash and waste control, and other means of
Best Management Practices to effectively eliminate pollutants from entering
the storm drain system. The applicant shall certify the SWPPP prior to
approval of the grading and improvement plans. The SWPPP may be
incorporated with the erosion control plan, but shall be under separate cover
from the grading and improvement plans
4. The locations and sizes of all utility boxes and vaults within street rights-of-
way and the City's general utility easement shall be shown on the
improvement plans.
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5. All new and existing electrical/communication/CATV utilities shall be installed
underground prior to, if any, installation of concrete curbs, gutters, sidewalks,
and surfacing of the streets. The applicant/developer is responsible for
complying with the requirements of this condition, and shall make the
necessary arrangements with each ofthe serving utilities. Any new utility box
in excess of 36 inches in height, length, or width shall be located out of the
right-of-way, and screened by landscaping to the satisfaction of the Director
of Development Services.
6. Submittal of a request for, and hold, a preconstruction meeting with a City
Engineering inspector. The applicant/developer shall be responsible that
necessary individuals, such as, but not limited to, contractors,
subcontractors, project civil engineer, and project soils engineer must attend
the pre-construction meeting.
7. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from October 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be submitted as
part of the grading plan. The applicant/developer shall make provisions to
insure proper maintenance of all erosion control devices.
8. Drainage catch basins, inlets, grate basins or similar structures shall be
designed to be equipped with structural Best Management Practices (BMPs)
for interception of pollutants and/or sediments before leaving the project site.
BMPs are subject to review and approval of the City.
9. A drainage system capable of handling and disposing of all surface water
originating within the development and all surface water that may flow onto
the development from adjacent lands shall be constructed.
10. Grading of the project shall be in substantial conformance with the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, and City Storm Water Management and Discharge
Control Ordinance.
G. The applicant shall obtain a Building Permit prior to construction. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted Uniform Building Code,
and all other applicable codes and ordinances in effect at the time of Building
Permit issuance.
2. The building plans shall be in accordance with the approved plans on file in
the Development Services Department for P65-165(M), DR 02-20 and VAR
02-11, along with the conditions contained herein.
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3. Process and receive approval of a lot merger of the properties identified as
Assessor's Parcel Numbers 314-220-66, 67 and 68.
4. Record a street vacation for Brighton Avenue.
5. Received approval of a boundary adjustment to establish a new property line
for the Poinsettia Mobile Home Park to the satisfaction of the Director of
Development Services. The new property line with be located approximately
10 feet west of the existing Brighton Avenue right-of-way. The new property
line will extend north past Temple Street, then west to connect with the
southern boundary of the property located at 13625 Adrian Street.
6. Receive approval of a General Plan Amendment and land use redesignation
to:
a. Rezone the two Brighton Avenue properties and the 10 feet adjacent
to the existing Brighton Avenue from RS-7 to MHP.
b. Rezone the portion of the exiting mobile home spaces to be deleted
located west of the new, adjusted property line will be rezoned from
MHP to Commercial General (CG) consistent with contiguous
property.
7. The applicant shall submit in writing a Best Management Practices Plan that
identifies how the construction site will comply with the Jurisdictional Urban
Runoff Management Plan (JURMP). Prior to issuance of a Building Permit,
the plan shall receive City approval and a copy shall be kept on the
construction site. During construction, the applicant shall implement the plan.
8. Details of any new exterior lighting shall be included on the building plans,
including fixture type and design and shall comply with the following:
8. All outdoor lighting shall be shielded or directed so that no light
spillage shall encroach into adjoining residential properties or onto
Poway Road. After 11 :00 p.m., all lighting shall be low-pressure
sodium with the overall wattage kept to a minimum in areas closest to
the residential neighbors. Automatic timers shall be installed to insure
compliance with the dark sky/low pressure sodium requirement. The
maximum height of freestanding light posts shall not exceed 18 feet.
b. All exterior lighting shall be scheduled so that light rays emitted by the
fixture are projected below the imaginary horizontal plan passing
H. Prior to obtaining a final inspection on the Building Permits, the applicant shall
comply with the following:
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1. The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
2. Completion of public improvements.
3. I nstallation of the landscaping pursuant to the approved landscape plans.
Section 6: San Diego County approval ofP65-165, P66-49, and P66-141 and associated
conditions of approvals shall remain in effect.
Section 7: The approval ofEA 02-25, P65-165(M), DR 02-20 and VAR 02-11 shall expire
on November 12, 2004 at 5:00 p,m. unless, prior to that time, a Building Permit has been
issued and construction on the property in reliance on the CUP approval has commenced
prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 12th day of November 2002.
Mayor
ATTEST:
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Sherrie D. Worrell, Deputy City Clerk
Resolution No. P-02-68
Page 9
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. P-02-68, was duly adopted by the City
Council at a meeting of said City Council held on the 12th day of November 2002, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
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Sherrie D. Worrell, Deputy City Clerk
City of Poway