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\