Res P-89-76RESOLUTION NO. P- 89-76
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 89-36
AND VARIANCE 89-11
ASSESSOR'S PARCEL NUMBER 278-240-18
WHEREAS, Minor Development Review 89-36, submitted by Anton and Virginia
Pantone, applicants, requests approval for construction of a 3,800 square foot
single-family home within the Hillside/Ridgeline area in the RR -B4 zone; and
Variance 89-11 requests approval for a 15 foot high freestanding wall where a
six foot high wall is the maximum permitted; and
WHEREAS on July 25, 1989 the City Council held a public hearing on the above
referenced items.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
This project is exempt from Environmental Review under Categories 3 and 5 of
the CEQA guidelines.
Section 2: Findi
Minor Development Review 89-36
That the proposed development is in conformance with the Poway General
Plan in that the proposed use is a one story, single-family residence
and the General Plan designation is Rural Residential B4.
That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining pro-
perties, in that the grading design, building placement, construction
method, building materials, and elevations will be compatible with
surrounding properties and are designed to minimize grading of the
steeply sloping site.
3. That the proposed development is in compliance with the Zoning
Ordinance, in that it complies with the setbacks height limit, and all
other property development standards of the RR -B4 zone.
That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that all
surrounding properties are under the same zoning designation as the
subject lot and are to be developed as single-family residences similar
to the proposed project.
R No. P- 89-76
Page 2
Variance 89-11
There are special to the property (size,
shape, topography, location, or surroundings), or the intended use of
the property, and because of this, the strict application of the Zoning
Ordinance deprives the property of privileges enjoyed by other proper-
ties in the vicinity under zoning classif'
The special consist of the topography of the lot. The
wall will be built along side an existin steep slope and behind the
pro oseO house far below the existing ho es on adjacent lots. The
s o e and house, combined with the exist ng grove of mature trees will
e f ctively shield the wall from view. he visual effect of the wall
w 1 be no different from that of an overheight retaining wall, several
o which have been permitted in the area.
Granting the or its
and of a
other property in the s me vicini
for which the variance s sought
an existing building pa of very
will serve to define an
is for the pre-
property right by
and zone and denied to the property
n that the applicants are developing
imited size and the proposed wall
ly enhance the limited usable
outdoor area adjacent to the home.
Gran?ng the or its modification, will not be materially
to the public health, safety or welfare, or to
the property or imp in such vicinity and zone in which the
property is located because the proposed wall will be completely
shielded from the view of adjacent property owners.
The granting of this variance does not a special privilege
with the upon other properties in the vicinity
and zone in which such property is situated, in that other overheight
retaining walls exist in the vicinity.
The granti~§ of this variance does not allow a use or activity which is
not expressly ~ by the zoning regulation governing
the parcel of property, in that the proposed single-family residential
use is permitted in the RR-B4 zone.
Granting the variance or its modification will not be incompatible with
the Poway City General Plan, in that the overheight wall is a minor
which will only be visible from the subject lot.
Section 3: City Council
The City Council hereby finds that Minor Development Review 89-36 and
Variance 89-11 are approved subject to the following conditions:
No. P- 89-76
Page 3
Within 3U aays of approval: (i) The applicant shall submit in writing that
all of approval nave Deen read and understood; and (2) the pro-
perry owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Site shall be developed in
in the Planning Services
with the approved site plans on file
and the herein.
Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the of the Director of Planning
3. The appropriate Building Department approvals shall be received prior to
of
4. All new and existing utilities shall be underground.
5. School impact fees shall be paid at the time of issuance of building per-
mits.
6. Water, sewer, and fire
~ to meet rec
systems plans shall be designed and
of the City of Poway.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A rig permit shall be obtained from the City's Public Services
D for any work to be done within the public street right-of-way or
any Ci~y-helO Said work shall include, b,t is not to be limited
to, o driveway sewer latera installation, water
service line insta lation, street (inc udin§ concrete curb,
gutter, and sidewa k). Permit shall be obtained pr or to start of work.
A §rading plan for the development of the property (for building pad and
driveway ) shall be submitted to the City's Public Services
Department for review and approval prior to issuance of a grading permit an
start of grading operation unless grading involves earthwork movement of
less th n 50 cubic yards. If rading is limited to 50 cubic yards or less,
a certi ication from a State R gistered Civil Engineer indicating the amount
of eart work shall be furnishe to said City's Public Services
and a $ O0 ' fee shal be paid prior to building permit
The private road within the property and within Parcel Map No. 9427 iden-
tified in said map as proposed 40 foot, 25 foot, and 15 foot private road
easement and including that private road referred to in that of
Resolution No. P- 89-76
Page 4
lmprov ment requirements" recorded November 14, 1979 as Document No.
79-480 66 of O.R. shall be improved to City of Poway's Rural
Road S andard per Ordinance No. 280. Its completion thereof shall be done
prior o issuance of a certificate of occupancy.
A road agreement, for the above-mentioned pr vate road, in a
form satisfactory to the City Attorney, shall be execute by the owner
and/or developer prior to building permit issuance. Sat agreement is to
comply with Ordinance No. 280, City Code Section 12.20.00.
®
Leach field layout or seepage pit layout for the sewage disposal
system shall be submitted to the City' Public Services Dep rtment for review
and approval by the City Engineer prior to obtaining a sep ic system
installation permit from the County of San Diego Departmen of Health. If a
septic system installation permit had been obtained withou a City approved
layout, one shall be submitted prior to installation of each lines.
6. Please contact Public Services for payment of water, drainage, sewer, traf-
fic mitigation, and park fees prior to building permit issuance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF COMMUNITY SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
Prior to issuance of building permits, the applicant shall dedicate a ten
foot pedestrian/equestrian trail easement along Eastvale Road to the satis-
faction of the Director of Comnunity Services.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES FOR COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire roof covering
materials, per City of Poway Ordinance No. 64.
Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background. Address may
be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
Dead end access roadways in excess of 150 feet long shall be provided with
approved p for the turning around of Fire Department apparatus.
Requirements for dead end and looped accessways are:
Resolution No. P-89-76
Page $
Length: * O' - 500'
Width: '
' diameter cul-de-sac
arounds and the width of accessways.
APPROVED and ADOPTED by the City Council
California, this 25th day of July, 1989.
*Curves and topographical conditions could alter the requirements for turn-
he City of Poway, State of
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
I, Mar orie K. Wahlsten, City Clerk of the City of oway, do hereby certify,
under the enalty of perjury, that the foregoing Resolu ion, No. P-89-76 , was
duly adopt d by the City Council at a meeting of said C ty Council held on the
25 th day o , 1989, and that it was so adop ed by the following
vote:
AYES: Goldsmith,
NOES: None
ABSTAIN: None
ABSENT: Brannon, Emery
Kruse
R/R-7-25.1-5
City of Foway