Res P-89-103RESOLUTION NO. P-89-103
A F
OF THE I Y P
APPROVIN -EV OP
N V !
AND RES N T S
PARC E
323-4 H
3-4-
323- 2-'1 T U
CIT COUNCIL
Y, C IFORNIA
T E EW 89-12
I · P-89-77
THRU 06, 10-13;
, 1 -1 , 18-24;
RU 8, 37;
05; 323-071-21
WHEREAS, Development Review 89-12 and Varianc
Housing Group, applicant, requests approval of a
of 41 single-family dwellings in Te
requests approval for the following variances:
where a mix of one and two sto homes is requir
rear yard on Lot 29 where 25 fet is required an
89-06, submitted by Sunland
ev lopment r view to allow the
t ve Tract ap 89-02, and
o build a 1 two story homes
2 and 3) o allow a 21 foot
2 foot rear yard on Lot 21
here 25 feet is requl ed; and 4) to allow a 15 foo front and rear yard set-
ack on Lot 38 where 2 foot se backs are required. The property is located at
he eastern end of Gar en Road east of Sycamore Valley Road in the PRD {Planned
1 Developmen } zone; and
WHEREAS, on September 5, 1989 the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The City Counctl finds that Development Review 8g-12 will not have
significant adverse impacts on the t and hereby issues a
Negative Declaration.
The City Council finds that Variance 89-06 is exempt from E tal
Review. It qualifies for a Class 5 categorical exemption because the
variance requests minor alterations to land use limitations.
That the proposed development is in conformance with the Poway General
Plan, because it proposes single-family uses consistent
with the General Plan designation of PRD.
®
Tha the proposed development will not have an a verse aesthetic,
hea th, safety, or architecturally related impac upon adjoining pro-
per les, because rooflines, materials, and build ng locations will be
var ed, and the colors, architectural styles, an building materials
are compatible with nearby developments and cons stent with General
Plan design guidelines.
R No. P- 89-~.03
Page 2
e
4e
That the proposed development review Is in compliance with the Zoning
Ordinance, in that the project, as generally meets all
development of the PRD zone.
That the proposed development encourages the orderly and ~
appearance of structures and property within the City, because it is
similar to and complements other projects.
Variance 8g-06
A request to build all two story hemes where a mix of one and two story
homes is required.
Strict application of the Zoning rdinance would not deprive the
developer of priviled es enjoyed y other properties in the vici-
nity, in that it is p ssible to pot one story homes, larger than
those in the surround ng area, wi hin this tract. The developers
have the option to re uce the size of the homes if they wish to
increase the usable yard area.
be
Granting the variance is not necessary for p and
enjoyment 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.
Ce
Granting this variance would constitute special priviledge in
that all ~ reviews which have een after the
zoning code amendment which required a m x of one and two story
homes have been required to comply with his standard.
2&3.
A request for reduction of the rear yard setback requirements on
Lots 29 and 32.
The strict application of the Zoning Ordinance will not deprive
the developer of priviledges enjoyed by other properties in the
vicinity because it is possible to plot homes on the subject lots
without need for a variance.
be
Granting the variance is not necessary for preservation and
enjoyment of a property right enjoyed by other
properties in the vicinity because models can be plotted without
need for a
Granting the v rlance would constitute a s ecial priviledge
because other evelopers have been require to build within the
setback limita ions unless severe topograp ic limitations or
substandard lo dimensions prevent reasona le use of a lot.
Resolution No. P- 89-103
Page 3
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A request to allow a 15 front and rear yard setback on Lot 38 where 25
foot setbacks are required.
me
T ere are special circumstances which apply to Lot 38 and because
this strict application of the Zo lng Ordinance would deprive
e pro erty owner of priviledges n oyed by other properties in
e vic ntty. The special include the
ot dep h, irregular lot shape, an opography of Lot 38. The
combina ion of features make it di f cult to plot a house com-
parable to other homes in the subd v sion.
be
Granting the variance for Lot 38 is necessary in order to allow
construction of a home comparable to others in the project, which
is a substantial property right which would be denied if the
variance were not granted.
Ce
Granting the variance will not be ma erially detrimental to the
public health, safety, welfare, or in urious to the property in
the vicinity because adjacent buildin pads are lower in elevation
and the homes on adjacent lots have 1 rge rear yard setbacks
ranging from 39 to 42 feet).
dm
Granting the variance will not constitute a special priviledge
because similar homes are found throughout the surrounding
subdivision.
Granting the variance will not allow a use or activity which is
not otherwise expressly authorized by the Zoning Development regu-
lation of the lot because single-family homes are a permitted use
in the PRD zone.
f®
Granting the variance will not be incompatible with the City of
Poway General Plan due to the minor nature of the deviation.
Seci
ouncil Decision:
The City Council hereby approves Development Review 8g-12, denies parts one,
two and three of Variance 89-06, and approves part four of Variance 89-06,
subject to the following
Within 30 days of approval: {1) The applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the pro-
perty owner shall execute a Covenant on Real Property.
All conditions of Resolution No. P-83-50 {TTM 83-02) shall apply except as
modified in this resolution.
No. P- 89-103
Page 4
APPLICANT ~I.L ~NTA~T TI~ OEPARI'N~q4T Q~ PLANHIN~ SE~¥1CE~ R~l)ll~ ~NPLIAtEE
WITH T~E FOLLOtIIN6 ~NOITI~N~:
Pr1 r to lssuance of bulldlng permlts, a revtsed plo
205 plans, three 2300 plans, ten 2600 plans and 22
mlt ed. One additional elevation for the 2600 and 2
with the ~ homes sha
fourth elevation will be used for at least six lots
ing plan showing six
50 plans sh ll be sub-
0 plans tha is archi-
be require . The
n the projec .
Prlor to issuance of bulldlng permlts, 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 ele-
vations, placement of varlous roo co ors and materials, and the location
and sequence of the five differen co or schemes shall be submitted to and
approved by the Director of Plann ng ervices prior to the issuance of
butldtng permits.
Six foot high solid wood fencln shall be installed along or beh d the
front yard setback line extendi g from house t house and along e side and
rear property lines. Backyard encing may be ocated either at e top or
toe of the slopes which adjoin he building pa s providing that e location
is uniform from lot to lot. The Director of P arming Services may approve
an open fence rather than solid wood fence on ors where views will be
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 DEVELOMIENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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- 89-103
Page 5
®
The developer shall integrate an appropriate variety of approved roof
materials and colors into the design of the residential development in a
manner which is both compatible and comp among each of the residen-
tial units.
The applicant shall comply w th the latest adopted Uniform Building Code,
Uniform Mechanical 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 reside tial dwelling unit{ ), the applicant shall pay devel pment
fees at the esta lished rate. Such ees may include, but not be limi ed to:
Permit and Plan becking Fees, Schoo Fees {in with City-a opted
policy and/or or inance), Water and ewer Service Fees. These fees s all be
paid prior to bu lding 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.
Building iden iftcation and/or addresses shall be placed on all new and
existing bull 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.
SIM
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
T e developer shall display a current Zonin and Land Use Map in the s les
o lice at all times, and/or suitable altern tive to the satisfaction o the
D rector of Planning Services. The map sha 1 clearly portray the loca ion
o the nearby dog kennel and the location o the proposed Humane Socie y
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. Development fees which are due prior to building permit shall be
paid at the times specified by the resolution of approval for TTM 83-02.
Resolution No. P- 89-103
Page 6
APPLZC~HT ,~I4ALLCONTACTTHE PI~LIC SERVZCL:~DEPAItTNENT REGAR~ZNG CONPLZAHCE ~ZTH
THE Fl~LQItlli~ ~)ZTIQ~:
Because the subject homes will be onstructed adjacent to homes wh ch are
already occupied, special care sba 1 be taken in ro, tlng traf-
fic nd stockpiling materials. Pr or to Issuance o buildlng perm ts, the
deve oper shall submit a traffic p an for construct on vehicles, emporary
fenc ng may be required to control construction act vlty. The tra fic plan
sba1 be subject to revlew 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 ~4ALL COHTACT THE OEPARTNEHT OF CONNUHITY SERVICE~ REGAROIHG
CtX4PLIAHCE WITH THE FOLLO~It~ COHI)ITION:
Landscape District imp 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 satisfac-
tion of the Director of Community Services.
e
Prior to issuance of building peFmlts, a 15 foot wide pedestrian/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 ~4ALL CONTACT THE OEPARTNEHT OF ,~FETY SERVICE~ REGARi)ZHG COMPLIANCE
WITH THE FOLLO~IHG C(XiOITIOI~:
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 arrester.
Prl r to delivery of combustible building materials on site, water and sewer
sys ems shall satisfactorily pass all required tests and be connected to the
pub ic water and sewer systems. In addition, the first lift of asphalt
pay 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- 89-103
Page 7
Section 4:
Resolution No. P-89-77 dated July 25, lg89 is hereby
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 5th day of September, 1989.
· Kruse, Mayor
ATTEST:
Marjorle Kk
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. . was
duly adopt d by the City Council at a meeting of said C ty Council held on the
5thday o , 1989, and that it was so adop ed by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
NONE
NONE
R/R-g-5.40-46
rjorie Ky
city of Lo, ay