Res P-90-24RESOLUTION NO. P-90-24
A F CIT COUNCIL
OF THE I Y Y, C LIFORNIA
APPROVIN EV 0 T RE IEW 89-33
N V I 90- 2
ASSESSOR'S A CE N R 32 -201-13, 17
WHEREAS, Development R view 89-33 and Variance 90-02 by Reeder
Development Inc., applican s, requests approval of a development review to allow
construction of 15 single- amily dwellings within TTM 87-06 and approval of set-
back variance located at t e western terminus of Cicero Way in the RC and RR-C
zones; and
WHEREAS, on April 3, 1990, 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 original Negative Declaration for the
underlying map and map amendment have adequately addressed all significant
adverse impacts anticipated by the project and that the original Negative
Declaration be certified.
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That the proposed amendm nt is in conformance with the Poway General
Plan in that the propose density and single-family use is less than
the maximum density whic could have been approved for a condominium
project and pursuant to unicipal Code Section 17.08.100A single-family
dwellings are permitted n the RC zone.
That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining pro-
perties because rooflines, building materials, and architectural design
are compatible with adjacent tract developments.
That the proposed development is in compliance with the Zoning
Ordinance, in that all development standards will be met through proj-
ect construction.
That the proposed d velopment encourages the orderly a d h
appearance of struc ures and property wi hin the City ecause it is
similar to and comp ements the adjacent evelopment an it complies
with the design gui elines of the Genera Plan, regard ng number of
housing styles, elevations, varied roofl nes, colors, and materials.
Resolution No. P-90-24
Page 2
Vartance 90-02
There are s
hape, topo
he propert
rdinance d
les in the
eclal circumstances appllcab e to the property size,
raphy, location, or surround rigs), or the tnten ed use of
, and because of this, the s rtct application o the Zontng
prtves the property of prlvl eges enjoyed by ot er proper-
vlclnlty under Identical zon ng classiflcatlons.
There are u
Ject which
zoned RC an
ortton of
R-C zonlng
usual circumstances on the site and that relate to the pro-
ustify the variance request. The subject parcel is split-
RR-C. The RC porti n is relatively flat and the northerly
he property is steep y sloping and therefore carries the
designation. The ma ority of the RR-C zoned property h s
een placed in open space. The arcel has an unusual physical post ion
eing adjacent to four zoning de ignations RS-7, RC, RR-C and CC. he
project, as proposed, serves as a transition between varying densit es.
The prlncl al need for the setback variance stems from the construction
of single- amily homes with the constraints of the underlyin
Residentia Condominium zone. The setback standards for RC rojects
were to provide adequa e separation and bufferin fo the
ly large structures assoc ated with multi-family r jecs.
The proposed project consists of 1 single-family homes wi hind vi-
dually fenced yards which will mee the intent of the deve opmen stan-
dards through the provision of yaK S and setbacks similar o the RS-7
zoning designation which adjoins t is project to the east.
Granting the or its mod fication, is for the pre-
servation and enjoyment of a subs anttal property right possessed by
other property in the same vicini y and zone and denied to the property
for which the variance is sought n that the variances will allow for
adequate light and ad acent to each single-family home as
is normally required for tract pr jects throughout the City.
Granting the variance, or its modification, will not be materially
detrimental to the public health, safety or welfare, or injurious to
the property or improvements in such vicinity and zone in which the
property is located, in that the proposed performance standards of 15
feet between homes will be similar to the surrounding residentially
zoned properties.
The granting o this variance does not constitute a special privilege
inconstst nt w th the upon other properties in the vicinity
and zone n wh ch such property is in that other lots in this
older res dent al neighborhood have been constricted to similar or
lesser se back standards.
Resolution No. P-90-24
Page 3
The granting of this variance does not allow a use or activity which is
not otherwise expressly authorized by the zoning regulation governing
the parcel of property because the Zoning Development Code permits the
construction of single-family homes in the RC zone pursuant to
Municipal Code Section 17.08.100A.
Granti g the variance or its modification wi 1 not be incompat ble with
the Cl y of Poway General Plan because condi ions of approval or this
proJec will ensure that the General Plan ob ectives of provid ng for
ample andscaping and adequate separation be ween w ll be
met.
The City Council hereby approves Variance go-02 and Development Review 8g-33
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 understood; and {2)
the property owner shall execute a Covenant on Real Property.
All adopted conditions of approval of the underlying tract map shall
be satisfied prior to issuance of building peFmlts.
APPLICANT SHALL CONTACT THE DEPARTNENT OF PUkNNING SERVICES REGARDING COWPLIANCE
WITH THE FOLLOWING CONDITIONS:
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.
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 issuance.
Lots 1, 6, 11, and 13 have been d signated for recreation vehicle storage
in the side yard. Pursuant to Ci y standards, the CC&R's (if adopted for
the project) shall prohibit the s orage of recreational vehicles in the
required front yard setback of al lots.
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Prior to any use of the project site or business activity being
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
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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 issuance.
Resolution No. p-90-24
Page 4
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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 hecking Fees, Schoo Fees (in with Clt
policy and/or or inance), Water and ewer Service Fees. These fees s all be
paid prior to bu lding permit issuance.
This approval shall become null and void if building permits are not issued
for this project within two years from the date of project approval.
8. All masonry retaining walls shall be tan split face block or tan slumpstone.
g. The applicant shall provide a copy of the recorded map to the Planning
Services Department prior to issuance of building permits.
10.
Pursuant to Resolution No. P-90-16 the design for the wall on the south side
of Cicero Way shall be shifted into the public right-of-way if required to
protect the existing mature pine tree.
11. A Covenant on Real Property shall be recorded against all lots which states:
Side yard room additions a e prohibited on all lots in the Cicero
Pacific project. No archi ectural features such as balconies, stair-
ways, wing walls, or bay w ndows shall be constructed beyond the
existing exterior side wal s of the
12.
Dedication of land along the south side of the project to provide seven
parallel parking spaces for the Amesbury Court condominiums shall be
accomplished to the satisfaction of the Director of Planning Services prior
to issuance of building permits.
13.
A c ns r,ction fence shall be malntai ed along the southerl boundary of the
pro ec o pre ent const uction traff c from accessing the roperty from the
con om num si e and sha 1 be replace by a wall. Said wal shall be
ins al e on-s te prior o issuance o building permits. F re access shall
be maintained o the sat sfaction of he Directors of Plann ng and Safety
Services.
LANDSCAPING
Th developer shall insure ins allation o front yard landscaping and irri-
ga ion for each unit. It shal be instal ed no later than 180 days
fo lowing the close of escrow or each un t. Security shall be to the
sa isfaction of the Director o Planning ervices.
detaile
hree fee
ervices
ees shal
landscape and irrigation plan for all graded slopes in excess of
in height shall be submitted to and approved by the Planning
epartment prior to the issuance of building permits. Plan check
be paid at the established rate.
Resolution No. P-90-24
Page 5
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Street trees, a mlnlmum of 15 gallon stze or larger, shall be installed In
accordance with the City of Poway Ordinance and sh 11 b planted at an
average of every 30 feet on Interior streets and 2 fee on exterlor
streets. Street trees hall be located no closer ban en feet from
sidewalks, and sewer an water laterals. As an al erna lye to lnstallatlon,
the developer may provi e a coupon to the home buyer for the purchase of
street trees, from a Ci y-approved street tree 11st, at a local nursery.
The developer shall Install all yard fencing to the satisfaction of the
Planning Director and prior to final of each unit.
All landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, trash, and debris.
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All landscape plans and landscape development will conform to the City of
Poway G to Landscape Development and City of Poway
Standards.
7. The project shall be annexed into the appropriate Landscape Maintenance
District prior to building permit issuance.
)IGN$
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
RECREATION
An open space easement shall be granted to the City over, upon, across and
under Lots g, 10, 11, and 12 prior to issuance of building permits.
ADDITIONAL APPROVALS
The developer shall display a current Zoning and Land Use Map in the sales
office at all times, and/or suitable alternative to the satisfaction of the
Director of Planning Services.
A temporary use permit for a sales trailer shall be submitted to and
approved by the Director of Planning Services prior to the
sales activities.
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All sales maps that are distributed or made to the public shall
include but not be limited to trails, future and existing schools, parks,
the adjacent auto dealership, and streets.
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A copy of the Covenants, Conditions and Restrictions (CC&R's) and/or
Articles of Incorporation of the H Association (if adopted) shall
be subject to the review for compliance with conditions herein, to the
Resolution No. P- 90-24
Page 6
satisfaction of the City Attorney and Director of Planning Services, and
shall be filed with the Secretary of State, the County Recorder and the City
Clerk prior to building permit
APPLICANT SHALL CONTACT THE DEPARTNENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
Prior to building permit issuance, the developer/owner shall acquire and/or
cause to dedicate to the City of Poway additional street right-of-way for
Cicero Way over, upon, along, and across the northeast portion of that land
as APN 3Z3-201-OZ.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof
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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. Minimum
height of address numbers shall be four inches. Address may be required at
private driveway entrances.
3. A fire hydrant shall be installed on the property line between Lots 6 and 7
prior to certification of occupancy.
4. A 20 foot fire access roadway into the wildland area shall be provided with
a "Knox" security padlock prior to certification of occupancy.
5. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
6. The sales office shall be plan checked separately as a
(B-2) occupancy.
1 office
Pri 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
The final lift of asphalt shall not be until all other
construction activity has been substantially completed to the satisfaction
of the City.
The development review and variance approval shall expire on April 3, lgg2
if building permits have not been issued.
Resolution No. P-90-24
Page 7
APPROVED and ADOPTED by the City Council of the City of Poway, State of
this 3rd day of April, 1990.
ATTEST:
Marjorie K.
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-90-24 , was
duly adopt d by the City Council at a meeting of said C ty Council held on the
3rd day o April , lggo, and that it was so adop ed by the following
vote:
AYES:
NOES: EMERY
ABSTAIN: NONE
ABSENT: NONE
R/R-3-27.8-14
BRANNON, GOLDSMITH, KRUSE, HIGGINSON
trjorie K. Wa
City of Poway