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Res P-91-38NO. P- 91-38 A OF THE CITY COUNCIL OF THE CITY OF POWAY, APPROVING VARIANCE 91-02 ASSESSOR'S PARCEL NUMBER 317-480-10 Variance 91-02, submi ted by Craig Breihan, applicant, requests approval of a 16 foo high crib wall located on the east side of Community Road south o Civic Center Drive where a six foot height is the permit ed in the PC zone; and on June 18, 1991, the City Council held a duly advertised public hearing to solicit comments from the public both pro and con, relative to this application. NOW, the City Council does hereby resolve as follows: Section 1: Environmen : This project is categorically exempt under the p CEQA (Class 5), minor alteration in land use 1 of Section 2: Find : The proposed projec will be consistent with the existing general plan given he minimal nature of the request and there is a reasonab e probability that the project will be consistent with he proposed general plan. There are special circumstances applicable to the property (size, shape, topo raphy, location or surroundings), or the intended e of the property and because of this, the strict ap ication of the Zoning Ordinance deprives the property o privileges enjoyed by other properties in the vicinity under identical zoning classifications. The unu ual circumstances include the soils conditions on the si e which preclude the use of standard 2:1 manufac ured slopes. The 16 foot crib wall is y to avoi slope heights over 30 feet and prevent encroac_~ment into the hillside/open space area. Granting the variance, or its odification, is f for the p and en oyment of a substantial property right possessed by ~ her property in the same vicinity and zone and denied o the property for which the variance is sought. Resolution No. P-91-38 Page 2 Other mobile home parks in the area have a density ranging from 7.8 to 10 dwelling units per acre (du/ac) and are largely located on level parcels. Because of the slope and soils on this site, the is y to achieve a comparable density of 6.4 du/ac~. A maximum of eight du/acre is currently permitted for mobile home parks within the Planned Community Zone. Granting the variance, or its modif 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. The wall can be landscaped to avoid impacts on the mobile homes located adjacent to it and the grading of the site and position of the mobile homes will screen much of the wall from the view of traffic on adjacent roadways. The granting of this variance does not a special privilege inconsistent with the lim tations upo other properties in the vicinity and zone n which suc property is situated, because of he unusua circumstances on this site and because 3h retaining walls have been permitted elsewhere in the City where warranted by site conditions. The granting of this does not allow a use or activity which is not otherwise expressly ~ by the zoning regulations governing the parcel of property because the South Poway Planned y designates this site for use as a mobile home park. Sect ,uncil The City Council hereby approves Variance 91-02 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. Prior to issuance of the grading permit, the applicant shall submit a landscape plan for the crib wall and adjacent slope. The landscape plans must be approved prior to of the grading permit. No. P~9~a38 Page and State of California, ATTEST: by the City Council of the City of Poway, this 18th day of June~1991. ~ Ja.. ~ .d mith, Mayor Ma=Jo ' .sten, City C~ STATE OF ) ) SS. COUNTY OF SAN DIEGO ) 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-91-38 , was duly adopted by the City Council at a meeting of said City Council held on the 18th day of__ June , 1991, and that it was so adopted by the following vote. AYES: EMERY, NOES: NONE NONE ABSENT: NONE SNESKO, Ma j or~ ~ Wahlsten, City Clerk City ~oway REPORT\