Res P-89-77RESOLUTION NO. P- 89-77
A F TH CITY COUNCIL
OF THE ITY 0 POW Y,
APPROVIN DEVE OPE T REV EW 89-12
ND V I 'C 9-0
, PARC UMBE 3-4 2-0 THRU 06, 10-13;
TH , i -17, 18-24;
3-441- RU 8, 37;
323- 2-01 TH U 05; 323-071-21
WHEREAS, Review 89-12 and Variance 89-06, submitted by Sunland
Housing Group, applicant, requests approval of a development review to allow the
of 41 single-family dwellings in
requests approval for the following (1)
where a mix of one and two sto-' homes is required;
rear yard on Lot 29 where 25 fet is required and a
where 25 feet is required; and 4) to allow a 15 foo
back on Lot 38 where 25 foot se backs are required.
Tract Map 89-02, and
o build all two story homes
2 and 3) to allow a 21 foot
2 foot rear yard on Lot 21
front and rear yard set-
The property is located at
the eastern end of Garden Road east of Sycamore Valley Road in the PRD (Planned
) zone; and
WHEREAS, on July 25, 1989 the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
section 1: :
The City Council finds that Developmen~ Review 89-12 will not have
adverse impacts on the and hereby issues a
Negative
The City Council finds that Variance 89-06 is exempt from E tal
Review. It for a Class 5 because the
variance requests minor to l~nd use
Section 2: Findin¢ .:
.2
1. That the proposed is in with the Poway General
Plan, because it proposes ly uses
with the General Plan designation of PRD.
That the proposed development will not have an adverse
health, safety, or ly related impact upon adjoining pro-
perties, because rooflines, materials, and building will be
varied, and the colors, architectural styles, and building materials
are compatible with nearby developments and with General
Plan design guidelines.
No. P-89-77
Page 2
That the proposed d review is in with the Zoning
in that the project, as generally meets all
applicable development standards of the PRD zone.
That the proposed , the orderly and
appearance of and property within the City, because it is
similar to and complements other projects.
Variance 89-U6
A request to build all two story homes where a mix of one and two story
homes is
Strict application of the Zoning Ordinance would not deprive the
developer of priviledges enjoyed by other properties in the vici-
nity, in that it is possible to plot one story homes, larger than
those in the § area, within this tract. The developers
have the option to reduce the size of the homes if they wish to
increase the usable yard area.
Granting the variance is not necessary for p and
of a substantial property right possessed by other pro-
perties in the vicinity because the developers can plot one story
homes of similar or larger size than existing existing single-
family homes in the area.
Granting this variance would a special.priviledge in
that all reviews which have been after the
zoning code amendment which required a mix of one and two story
homes have been required to comply with this standard.
2&3.
A request for
Lots 29 and 32.
of the rear yard setback
on
ao
The strict application of the Zoning Ordinance will not deprive
the Oeveloper of priviledges enjoyed by other in the
vicinity because it is.possible to plot homes on the subject lots
without need for a
Granting the variance is not for p and
enjoyment of a substantial property right enjoyed by other
properties in the vicinity because models can be plotted without
need for a
Granting the variance would a s ecial priviledge
because other developers have been require to build within the
setback limitations unless severe topograp ic limitations or
substandard lot prevent use of a lot.
No. P- 89-77
Page 3
4e
A request to allow a 15 front and rear yard setback on Lot 38 where 25
foot setbacks are required.
There are special which apply to Lot 38 and because
f this strict application of the Zoning Ordinance would deprive
he property owner of privil~dges njoyed by other in
he vicinity. The special include the substandard
ot depth, irregular lot shape, an topography of Lot 38. The
of features make it di ficult to plot a house com-
parable to other homes in the
be
Granting the variance for Lot 38 is in order to allow
of a home comparable to others in the project, which
is a 1 property right which would be denied if the
variance were not granted.
Ce
Grantin§ the variance will not be materially to the
public health, safety, welfare, or injurious to the property in
the vicinity because adjacent building pads are lower in elevation
and the homes on adjacent lots have large rear yard setbacks
ranging from 39 to 42 feet).
Granting the variance will not a special priviledge
because similar homes are found throughout the
subdivision.
ee
Granting the variance will not allow a use or activity which is
not expressly ~ by the Zoning Development regu-
lation of the lot because single-family homes are a permitted use
in the PRD zone.
fe
Granting the variance will not be ' le with the City of
Poway General Plan due to the minor nature of the
Section 3: Cit Council Decision:
The City Council hereby approves Review 89-12, denies parts one,
two and three of Variance 89-06, and approves part four of Variance 89-06,
subject to the following conditions:
Within 30 days of approval: (1) The applicant shall submit in writing that
all conditions of approval have been read and and (2) the pro-
perty owner shall execute a Covenant on Real Property.
No. P-83-50 (TTM 83-02) shall apply except as
All of
modified in this
Resolution No. P- 89-77
Page 4
APPLICANT SHALL CONTACT THE DEPARTHENT OF PLANNING SERVICES REGARDING CONPL[ANCE
WITH THE FOLLOWING CONDITIONS:
Prior to Issua ce o buildin permits, a revlsed plotting plan shall be sub-
mitted which sows hat no 1 ss than seven of an one floor plan will be
plott d other hah he one s orymodel which wtl be plotted on six lots.
Shoul the app ican be unab e to plot seven of he one story plans sub-
mitt, , the Planning Director may approv a sm 1 er model on one lot or a
two s ory model with a fourth elevation iffer ng from the other three pro-
vided that it is architecturally compati le wi h the surrounding homes. The
fourth elevation will also be used for a leas six other lots in the pro-
ject.
e
Prior to issuance of building permits, the floor plans plotted on Lots 29
and 32 shall be changed so that the required 25 foot rear yard setback may
be observed.
A development plan illustrating t'e p acement of specific architectural ele-
vations, placement of various roo co ors and materials, and the location
and sequence of the five dill,Ken co or schemes shall be submitted to and
approved by the Director of Plann ng ervices prior to the issuance of
building permits.
Six foot high solid wood fencin shall be installed along or beh d the
front yard setback line extendl g from house t house and along e side and
rear property lines. Backyard ,ricing may be ocated either at e top or
toe of the slopes which adjoin he buildtng pa s providing that e location
is uniform from lot to lot. The Director of P annlng Services may approve
an open fence rather than solid wood fence on ors where views will be
affected.
5. The developer shall pre-plumb each house for a solar hot water heating
system in accordance with City of Poway Municipal Code Section 15.02.090.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
e
Approval of this request shall not waive compliance with all sections of the
Zoning Development Code and all other applicable City Ordinances in effect
at the time of building permit '
The developer shall provide a minimum of 25% of the lots with adequate
sideyard area for recreation vehicle storage pursuant to City standards, and
the C.C.&R.'s shall prohibit the storage of recreational vehicles in the
required front yard setback.
4. Mail boxes shall be installed according to a plan which is acceptable to
both the Post Office and the Director of Planning Services.
Resolution No. P- 89-77
Page 5
The developer shall integrate an appropriate variety of approved roof
and colors into the design of the development in a
manner which is both and among each of the residen-
tial units.
The applicant shall comply w th the latest adopted Uniform Building Code,
Uniform Code, Uni orm Plumbing Code, National Electric Code,
Uniform Fire Code, and all o her applicable codes and ordinances in effect
at the time of building perm t '
For a new residential dwelling unit(s), the applicant shall pay development
fees at the established rate. Such fees may include, but not be limited to:
Permit and Plan Checking Fees, School Fees (in with City-adopted
policy and/or ), Water and Sewer Service Fees. These fees shall be
paid prior to building permit '
8. This approval shall become null and void if building permits are not issued
for this project within one year from the date of project approval.
o
BuilUing iden ification and/or shall be placed on all new and
existing buil ings so as to be plainly visible from the street or access
road; color o identification and/or addresses shall contrast with their
background co or.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
ADDITIONAL APPROVALS REQUIRED
T e developer shall display a current Zonin and Land Use Map in the sales
o fice at all times, and/or suitable al to the satisfaction of the
D rector of Planning Services. The map sba 1 clearly portray the location
o the nearby dog kennel and the location o the proposed Humane Society
Animal Shelter.
All sales maps that are distributed or made available to the public shall
include but not be limited to trails, future and existing schools, parks,
streets, and unusual land uses in the vicinity such as the dog kennel and
future animal shelter.
3. fees which are due prior to building permit ' shall be
paid at She times by the resolution of approval for TTM 83-02.
No. P- 89-77
Page 6
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
Because the subject homes will be onstructed adjacent to homes wh ch are
already occupied, special care sha 1 be taken in rD, ting construct on traf-
fic nd stockpiling materials. Pr or to issuance o building perm ts, the
deve oper shall submit a traffic p an for emporary
fenc ng may be required to control construction act vity. The tra fic plan
shal be subject to review and approval by the City Engineer.
2. All off-site road, sewer, water, and drainage improvements shall be
completed prior to issuance of building permits.
APPLICANT SMALL CONTACT THE DEPARTMENT OF COMMUNITY SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
Landscape Maintenance District improvements shall be installed and accepted
prior to occupancy of any dwelling unit to the satisfaction of the Director
of Community Services.
2. The neighborhood park within the project shall be improved to the
tion of the Director of Community Services.
Prior to issuance of building permits, a 15 foot wide /equestrian
trail across Lot D and Lot 149 of TTM 83-02 in a location to be approved by
the Director of Community Services shall be dedicated and improved.
APPLICANT SMALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGAROING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Emergency vehicle access to be provided at all times throughout the entire
project during construction, minimum 20 foot clearance.
2. Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark attester.
Pti r to delivery of building materials on site, water and sewer
sys ems shall satisfactorily pass all required tests and be to the
pub ic water and sewer systems. In addition, the first lift of asphalt
pav ng shall be in place to provide adequate, permanent access for emergency
veh cles. The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction
of the City.
No. P- 89-77
Page 7
APPROVED and ADOPTED by the City Council
California, this 25th day of July, 1989.
ATTEST:
he City of Poway, State of
Carl R. Kruse, Mayor
STATE OF C
COUNTY OF SAN DIEGO
ss.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. P-89-77, was
duly adopted by the City Council at a meeting of said City Counci n the
25th day of , 1989, and that it was so adopted by the following
vote:
AYES: Goldsmith, Higginson,
NOES: None
ABSTAIN: None
ABSENT: Brannon, Emery
Kruse
City of p~way
R/R-7-25.17.23