Res P-95-10RESOLUTION NO. P-95-10
A
OF THE C TY 0
APPROVING DEVELOPM NT
ASSESSOR'S ARC
F T E CITY C UNCIL
PO 'AY, CALI ORNIA
VIE~ 94-07 A VARIANCE 94-13
NU BER 312- 11-02,04
WHEREAS, Develo ment Review 94-07 and Variance 94-13, submitted by Shea
Homes, applicant, re uests approval of the developme t review to allow the
c nstruction of 62 sin le-family homes, eleven of which w 1 require the granting
o from re uired setbacks, and none of whic can provide for R.V.
s orage. The 62 homes will be ~ on lots create by Tentative Tract Map
9 -02, on the property located at the northeast corner of Metate Lane and
Pomerado Road; and
WHEREAS, on February 14, 1995, 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 previously certified EIR of June 26, 1990
adequately addresses the concerns of this project.
Section 2: Find' :
Dev view 94-07
The approved project is t with the general plan in that it
proposed of single-family homes in an area designated
for residential use.
That the approved project will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
p because building square footages, rooflines, materials,
and building materials are compatible with nearby developments.
That the approved project encourages the orderly and h
of and property within the City, because it is
similar to and complements other residential development in the
vicinity.
That the approved project is in compliance with the Zoning
Ordinance, except with regard to minimum building setbacks on ten
lots for which a variance is sought. In all other respects the homes
meet the development standards of the underlying zoning.
Variance 94-13
1. The approved project is consistent with the general plan as
previously discussed.
Resolution No. P-95-10
Page 2
That there are special circumstances applicable to eleven of the
subject lots, and because of this, the strict application of the
Zoning Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning
classification.
In rder to achieve an acceptable mix of residential units, eleven
of he models are placed on lots which lack either adequate width or
dep h to enable them to observe all required setbacks. Further, all
of he lots are narrow, and do not provide an for R.V.
storage within the side yards.
That §ran~ing the variance or its modification is necessary for the
and of a substantial property right possessed
by other property in the same vicinity and zoning for which the
variance is sought. The variance will permit the construction of
homes which are of an acceptable size to the surrounding
neighborhood so that of the of property values
can be made.
That granting the variance or its modification will not be
materially d 1 to the ublic health, safety or welfare, or
injurious to the property or im in such vicinity and zone
in which the property is lo ated, in that Metate Lane will be
widened. Drainage and flood con ol imp will be ~
by the building of this projec which will benefit the surrounding
neighborhood.
o
That the ~ranti~g of this variance does not a special
privilege with the 1' upon other in
the vicinity and zone in that the design of these homes is
t with the features and quality of the newest homes
constructed in Poway's most recent tract development.
That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by zoning development
regulations governing the parcel or property.
Section 3: Cit Council
The City Council hereby approves Development Review 94-07 and Variance 94-
13, 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.
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
Resolution No. P-95-10
Page 3
SITE
l.
o
o
10.
11.
12.
13.
14.
Site shall be in with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Revised site plans and building elevations
approval shall be submitted to the Planning Services
issuance of building permits.
all conditions of
prior to
Approval of this request shall not waive compliance with all sections of
the Zoning and all other applicable City in effect at
the time of building permit '
The CC&R's shall prohibit the storage of
required front yard setback.
1 vehicles in the
Mail boxes shall be installed according to a plan which is acceptable to
both the Post Office and the Director of Planning Services.
The developer shall integrate an appropriate variety of approved roof
materials and colors into the design of the residential development in a
manner which is both complementary with surrounding development.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit '
For each new residential dwelling unit, the applicant shall pay Permit,
Plan Check and Inspection Fees, School Fees, and Affordable Housing In-
Lieu Fee, at the established rate (in accordance with City-adopted policy
and/or ordinance).
Street names shall be approved by the Planning Services Department prior
to the recordation of the final map, and street addresses shall be
provided prior to the issuance of building permits.
A self-closing pedestrian pass-through and double gate shall be installed
at the Fire easement adjacent to Pomerado Road.
Masonry walls shall be installed along the west side of Lot 36 and the
north side of Lot 38 to provide adequate buffering from the park. A line
of vines shall be installed along the outside walls to screen them from
view from within the park.
Masonry sound walls shall be installed along both Metate Lane and Pomerado
Road street frontages per the req of the 1 study, and
along the easterly subdivision property line adjoining the homes facing
Montauk Street.
Park playground equipment shall meet ADA requirements. Park construction
shall be completed prior to final occupancy of the first home.
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.
Resolution No. P-95-10
Page 4
LANDSCAPE IMPROVEMENTS
Complete shall be to and
approved by the Planning Services prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition).
Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape ReQ and
shall be planted at an average of 30 feet on center spacing along all
streets.
All landscaped areas shall be ~ in a healthy and thrivi g
condition, free from weeds, trash, and debris. The trees shall e
encouraged and allowed to retain a natural form. Pruning should e
restricted to maintain the health of the trees and to protect the publ c
safety. Unnatural or pruning, including topping, is not
permitted.
o
Parkway areas adjacent to Pomerado Road and Metate Lane shall be planted
and irrigated in accordance with the req outlined in #1 above.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
ADDITIONAL APPROVALS
The developer shall display a current Zoning and Land Use Map, or suitable
al in the sales office at all times, to the satisfaction of the
Director of Planning Services.
All sales maps that are distributed or made available to the public shall
include but not be limited to trails, future and existing schools, parks,
and streets.
The developer shall provide a noise display board in the sales office to
the satisfaction of the Director of Planning Services. The display shall
include the site plan and noise study inf
o
Working drawings shall
expert that the req
be met.
include a certification by a ~ 1
of the City of Poway's NoiSe Ordinance will
o
At the completion of and prior to occupancy, interior and
exterior CNEL shall be determined by field testing at developer's expense.
Tests to be conducted by a ~ 1 expert. No occupancy
permits shall be granted until thi's test is met to the satisfaction of the
Building Code (latest adopted edition) "Sound T Control"
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
All engineering related conditions of approval for Tentative Tract Map 94-02
contained in Resolution P-94-31 remain in effect. There are no additional
Development Review conditions.
Resolution No. P-95-10
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE OF SAFETY
COMPLIANCE SHALL BE
Roof shall be fire
of Poway Ordinance #64.
as per UBC Section 3203(e) and City
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. Address may
be required at private driveway entrances.
access from "C" Street to Pomerado Road shall be paved and gated
at e~ch end. Appropriate "No Parking Fire Lane" street markings and signs
shall be installed. The gates shall be 20 feet in width.
GENERAL REQUIREMENTS AND
All conditions of approval for Tentative Tract Map 94-02 contained in Resolution
P-94-31 shall be completed.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of February, 1995.
ATTEST:
Don Higginson, Mayor
jor~e~. ~ y l
Resolution No. P-95-10
Page 6
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss.
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-95-10 , was duly adopted by the City Council at a meeting of said City Council
he 14th day of Februat , 1995, and that it was so adopted
by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON