Res P-90-16RESOLUTION NO. P-90-16
A OF H CI Y C U CIL
OF THE C Y F P W , ALI 0 NIA
AMENDING NT TIV AC MA 7-06
AND AP OV NG A AN E 9 - 1
ASSESSOR'S P CE NUMB 3 3-2 1-13, 17
WHEREAS, Tenta ive Tract Map 87-06A submitted by Re der Development Inc.,
applicants, reques s amendment of Resol tion of Ap rova P-88-114 to relocate
the open space easement to a ove the 57 foo contour line and appro-
val of a variance or a 11 foot wall an fence located at the
western terminus o Cicero Way in the R zone and R-C zone; and
WHEREAS, on February 20, lg90, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The City Council finds that the project will not have a significant adverse
impact on the and hereby issues a Negative Declaration.
That the proposed amendment is in conformance with the Poway General
Plan in that the modification to the open space easement will not
interfere with the objective of avoiding y landform
alteration.
®
That the portion of subject property between the 550 and 570 foot con-
tour lines is physically suitable for development.
That the development review application will consider specific factors
such as length, height, and visibility of the retaining walls in the
cut slope, and design of the landscaping transition to native vegeta-
tion.
That the conditions of approval for TTM 87-06 are applicable to the
residential development of the property.
Variance gO-01
There are s ecial circumstances applicab e to the property size,
hape, topo raphy, location, or surround rigs), or the tnten ed use of
he propert , and because of this, the s rict application o the Zoning
rdinance d prives the property of privi eges enjoyed by ot er proper-
les in the vicinity under identical zon ng classifications.
Resolution No. P-90-16
Page 2
The unusual lnclud the six foot gr de dl fete rial bet-
ween the subject property and ad oining lot and t e min mal seven
fot) separation between the exi ting house and t e roa rig t-of-way.
I a retaining wall were not use , there would no be a equa e area for
s reet and drainage imp If the wood fence was not placed on
t e retaining wall, the property owners would not have the same privacy
enjoyed by other properties in the vicinity.
Granting the variance, or its modification, is necessary for the pres-
ervation and enjoyment of a substantial property right possessed b
other property in the same vicinity and zone and denied to the pro erty
for which the variance is sought in that the retaining wall and fe ce
are necessary to preserve adequate access and privacy for the exis lng
home.
Granting the or its will not be materially
detrimental to the public health, safety or welfare, or injurious to
the pro erty or improvements in such vicinity and zone in which the
ropert is located, in that the proposed wall is to be screened by
andsca lng. The grade separation and setback of the existing home
rom th property line assures adequate light and air circulation for
he sub ect lot.
The granting o this variance does not c nstttute a special privile e
in onsistent w th the limitations upon o her properties in the vici ity
an zone in wh ch such property is situa ed, in that other lots in his
ol er resident al neighborhood have six oot high privacy fencing a ong
si e and rear property lines and the var ance is to secure
th s right for the subject lot.
The granting of this variance does not allow a use or a tivity which is
not otherwise expressly authorized by the zoning regula ion governing
the parcel of property because side and rear property 1 ne fencing
is permitted by the Zoning Ordinance for single-family ots.
Granting the variance or its modification will not be incompatible with
the City of Poway General Plan because of the minimal nature of the
request.
The City Council hereby approves Variance 90-01 and'
87-06A subject to the following conditions:
Tract Map
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 prop-
erty owner shall execute a Covenant on Real Property.
R No. P- 90-16
Page 3
Page 9, Sectton 3L, Condition No. 3 of Resolution of Approval Is changed to read
as follows:
GENERAL REC :ENENTS AND APPROVALS
By separate document prior to the record ng of the ftnal subd vision map, or
on the flnal subdivision map, there shal be granted to the C fy, an open
space easement over a portlon of Lots 9 hrough 12 above the 70 foot con-
tour 11ne. Sald open space easement sha 1 be approved as to om by the
Clty Attorney and shall 11mlt the use of said open space to avoid unnece-
sary landform disruption.
APPROVED and ADOPTED by the City Council of the City of Poway. State of
California this 20th day of February. 1990.
)on .[gginson,~j~Le
ATTEST:
MarJo~ ~ y'
No. P- 90-16
Page 4
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Mar orle 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
20th day o , 199o, and that it was so adop ed by the following
vote:
AYES: GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: BRANNON, EMERY
R/R-2-20.6-g