Res P-90-27RESOLUTION NO. p_ 90-27
A F ECI Y 0 IL
OF T E C TY P .. , AL F IA
AP ROV NG R' C 9 -0
TENTATIVE TRACT P 9-0 EV LO REVIEW 89-20R
ASSESSOR'S P RCE N E 3 7- 9 - 9, 40
WHEREAS, Variance 90-03 and Tentative Tract Map 89-06R and Development
Review 89-20R submitted by Nexus Develo ent Corporation, applicant, requesting
approval of a revision to a previously pproved 72 unit condominium compl x on a
lte located in the City of Poway, Coun of San Die o, State of Call orn a,
escribed s a portion of the south hal of the nort east quarter of ect on 14,
ownshlp 1 South, Range 2 West, San Bernardlno Meri lan, and Lot 1 o Go den
ity Unit o. 1 Map No. 6877, regularly came before he City Council or public
earing an action on April 24, 1990; and
WHEREAS, the Director of Planning Services has recommended approval of the
map subject to all conditions set forth in the Planning Services Department
report; and
WHEREAS, the City Council has read and considered said report and initial
study recommending a Negative Declaration with mitigation and has con-
sidered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as
follows:
Section 1: En =
The City Council finds that the proposed variance is categorically exempt
{C1 ss 5) from environmental review and the proposed revisions to the ten-
tat ve tract map and development review were given adequate prior environ-
men al review when the Negative Declaration was issued for the original
pro ect on September 12, 1989.
Section
The City Council also makes the following findings in regard to Tentative
Tract Map 8g-O6R and the map thereof:
Variance go-03
That there are special circumstances applicable t the property, {size,
shape, topography, location, or surroundings} or he intended use of
the property, and because of this, the strict app ication of the zoning
Development Ordinance deprives the property of pr vileges enjoyed by
other properties in the vicinity under identical zoning classification.
The special circumstances consist of the steep slopes which separate
the site from residential development. These slopes, combined with
Resolution No. p-90-27
Page 2
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large setbacks, prov de a natural battler between portions of the site
and adjacent stngle- emlly homes making the requirement for a slx foot
continuous block wa1 y. The steep slopes also necessitate
use of retaining wa1 s up to etght feet In height,
That granting the variance or its modification is necess ry for the
preservation and enjoyment of a substantial property rig t possessed by
other property in the same vicinity and zone and denied o the property
for which the variance is sought, in that the over-heigh walls are
necessa for the applicant in order for the grading plan to meet mini-
mum des gn standards. If the walls were lowered, the buildings would
be move closer to Poway Road which would be aesthetically undesirable.
The abt ity to eliminate some of the six foot zone boundary walls is
also for aesthetic reasons. The abiltt to build a project
which fits comfortable on the site without obtrus ve perimeter walls
has been enjoyed by other developments in the vic nity and would be
denied to this property if strict wall were adhered to.
That granting the variance or its modification will not be materially
detrimental to the public health, safer , or welfare, or injurious to
the property or improvements in such vi inity and zone in which the
project is located, because the steep s opes and large setbacks between
the project and existing homes in the v cinity will prevent the
variance from having any impact.
The granting o this variance does not constitute a special privilege
i t w th the limitations upon other properties in the vicinity
and zone n wh ch such property is situated, because the topography of
this lot s un que and the site is not comparable to other residential
property n the area.
The granting of this variance does not allow a use or activity which is
not otherwise expressly authorized by the zoning development regulation
governing the parcel of property, because the proposed condominium pro-
Ject is a permitted use in the RC zone.
That granting the variance or its modification will not be incompatible
with the Poway City General Plan due to the small scale of the pro-
posed variances.
89-06R
The revised tentative tract map is consistent with all applicable
general and specific plans, in that the property is designated for con-
domtnium development.
The design or improvement of the tentative tract map is consistent with
all applicable general and specific plans, in that the 72 unit complex
complies with the development standards of the RC zone.
R No. P-90-27
Page 3
This site is physically suitable for the type of development proposed
in that development is located on the level portion of the site and
slopes are designated as open space.
This site is physically suitable for the density of the development
proposed, in that the project density for 12 dwelling units per acre
meets the General Plan criteria for the RC zone.
The design of the subdivision is not likely to cause s bstantial
environmental damage and avoidable injury to humans an wildlife or
their habitat in that the site has been previously gra ed and mitiga-
tion measures will be implemented to reduce potential mpacts.
The tentative tract map is not likely to cause serious health problems
because City water and sewer service will be provided to all lots.
Design of the tract map will not conflict with any easement
requirement by the public at large now of record for access through or
use of the property within the proposed subdivision.
®
That the proposed development is in conformance with the Poway General
Plan, in that the density and type of use is consistent with the
General Plan designation of Residential Condominium.
That the proposed development w ll not have an adverse aest etic,
health, safety, or architectura ly related impact upon adJo nlng pro-
perties because roofltnes, bull lng materials, and architec ural design
are compatible with the adJacen development and the Genera Plan
design standards and multl-faml y development.
That the proposed development is in compliance with the Zoning
Ordinance, in that it meets all development standards for the RC zone.
The City Council hereby approves Variance 90-03 and Tract Map
8g-O6R and Development Review 8g-20R, a copy of which is on file in the
Planning Services Department, subject to the following conditions:
Within 30 days of approval the applicant shall submit in writing that:
(1) All conditions of approval have been read and understood~ and (2)
the property owner shall execute a Covenant on Real Property.
2. All conditions of Resolution P-Sg-110 shall be met except as modified
in this resolution.
R No. P- 90-27
Page 4
m
A1 masonry walls on site shall be constructed of textured
ma erials such as split face or slumpstone block. Specific wall design
an placement shall be approved by the Planning Services Department
pr or to issuance of building permits.
Wall/fencing treatment along the western property line adjacent to
existing homes on Carriage Road shall consist of:
ae
A six foot fence on the property line adjacent to all existing
homes {exceptions may be granted if current h do not want
a new fence) to the satisfaction of the Director of Planning
Services.
be
A 42 inch high masonry wall shall be built at the top of the slope
adjacent to the parking area.
e
L ) plans for the west facing slopes adjoining the Carriage
Road homes shall include shrubs spaced five feet on center and trees
spaced 15 feet on center to provide a dense screen in two - three
years.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 24th day of April, 1990.
Don
ATTEST:
Marjor y
Resolution No. p-90-27
Page 5
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Mar orle K. City Clerk of the City of oway, do hereby certify,
under the enalty of perjury, that the foregoing Resolu ion, No. P-90-27 , was
duly adopt d bythe City Council at a meeting of said C ty Council held on the
24thday oApril , 1990, and that it was so adop ed by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
R/R-4-24.1-4A
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NONE
NONE
NONE
City of Poway