Item 5 - TTM 86-05, VAR 86-04, and EA, Continuance - Emil NaglerE
A EN A REPORT of
W
CITY OF POWAY
TO
Honorable Mayor and Membersof t e City Council.
FROM:
James L. Bowersox, City Manage
INITIATED BY
Reba W. Touwr Director of_Pianning Services;
DATE:
December 9, 1986
SUBJECT:
Tentative Tract. Ma ( TTM 86-05 ). , Variance {VAR 8-6-04) ,
and Environmental Assessment, Continuance - Emil Na ,ler,
Applicant: A request for a subdivision: -of 3..3 acres
of land, consisting of 1.6 -family lots: located.
630 feet, north of Hlieary Drive on the east side of
Community Road in the RS -7 (Single -Family
Residential) zone. A request to reduce the. required
lot depth by seven feet.on Lots. 1 through 6 and 11
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through 16 a reduction of 20, feet on Lots 7 and 10
and five feet on Lots 8` and 9.
AP.N: 317-111-16
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ABSTRACT
PROJECT PLANNER: Marilo Van Dyke, Assistant Planner,
PARCEL:SIZE:
3.3 gross acres, 2.:66 net acres.
GENERAL PLAN DESIGNATION: Residential Single Family 7
ZONING:
Residential Single Family 7
;
SURROUNDING DESIGNATIONS!: (See Attachment. 3 )
RELATED CASES:
None
CORRESPONDENCE
RECEIVED: None
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ENVIRONMENTAL RECOMMENDATION: Issue a Negative Declaration
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STAFF RECOMMENDATION: Approve subject to conditions
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ACTIaM
DEC 1886 I • E M A
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Agenda Report
December, 9, 1986
Page
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BACKGROUND
On November 12, 1986, the Poway City Council approved a continuance
of the public hearing for this project for a four week period to
allow presentation of alternative subdivision designs.
A.. Project. Description
F The project site is level land of 3.3 acres. Lt is. bordered on the
north, by existing single -family homes. at comparable density. On
the east, it. is bounded by, minimum. half-acre lots with. single--
family uses. Directly to the south isi a. Navy housing complex and
Poway Community Church grounds. On the west side of Community Road
IS the. Rattlesnake 'Creek floodplain, and further to the west,
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F Countryv-iew Condominiums.:
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Staff: has compiled six alternative subdivision designs. An outline
of each is as follows.. ' (Please. refer to alternate site plans 1
through 6.).,
1. Creates: 17 lots, eight (_8) of which are flag lots. This.
design relies on the ability to share access with the. two
properties to the south., The easterly of the: two is owned `.
by the Department of the Navy; and an easement-may-be dif-,
F
f.icul.t to obtain.. The predominance-of flag lotscreates. a
series of alleys and rather.` awkward. living si_tua:tions
overall.. All lots would meet zoning criteria for minimum
dimensions; and regular configurations._
2. Creates: 18 lots with standard. 60 feet by lGG feet con-
figurations but. access is provided; by a private easement
rather than standard width suburban street.., This pre-
cludes on-street parking and presents. an overall`unsatis-
factory basis for future street maintenance.. Lots 1 and
18 are wider to compensate for their proximity to
Community Road. A zoning variance -would be required for
street width.:
3. Creates' 16 lots, six (6) of which are flag lots. One lot
must have its driveway on Community. This design requires
shared access with property to the south and a variance in
required depth for two lots.,
4. Creates 13 lots of regular configuration. No variance is
required. This plan requires an unnecessarily large amount
of asphalt. Under this scheme, three lots abut Community
Road.
DEC 9986i T lVl
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Agenda Report
December 91 1985
Page 3
5 Creates 13 lots of regular configuration. Access. is com-
bined with easement on the property to the south:. No
variance is. required. Lots 4 and 9 are isolated behind
r rear yards of lots 5 and 8 which can lead to problems.. This
plan also requires excessive paving and exposes three lots
to Community Road.
6 Creates 14 lots r three-of which are flag lots. Access to
Lots 11 and 12 is clumsy. This design requires. combining
access with the easement to, the south., Three: lots back, up
to Community Road. No variance would be required.
Based on the analysis of the alternate designs., it is felt that the
original subdivision, design. provides the most regular lo.t con-
y figuration, with standard - street improvements and the: most socially
conventional: design as the:lots relate to one another
This infill project is ` constrained by the- limited width of the ori-
g•nal parcel. The lot depths created by the: original proposal do
3 not meet the 100:---foot minimum required by the. Zoning Development
Code.. A variance is requested fora deviation in lot. depth of
seven feet on Lots l through. 6 and 11. through 16., a.-reduction of 20
feet on Lots ? and 10 , and five feet on. Lots 8 and 9 Proposed
lots are substantially wider than. required resulting in lots
ranging in size from 6a,780' square: feet to 9:,350square feet 6, 0:0.0.
square feet required)
B.. Development Facilities
A six-foot noise attenuation barrier will be necessary along the
eastern side of Community Road. It. will be, associated with,
landscaping adjacent to the roadway. An additional wall is, needed
along the southern boundaries of lots 12 through 15. Both areto
be included in a landscape maintenance district.
The General Plan requires the installation of solid fencing in the 3
t
RS =7 zone, a. ,minimum of six feet in height on all sides of the
yards. This will-provide the°needed barrier between the proposed
project's easterly boundary and its neighbors. in the RS-2 zone._
If, after a re-survey of thei site, it is determined that existing
trees are located on the eastern property line., offsets in the
fencing will be provided to preserve them.
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DEC 9 1986 1 TE iVl � t
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Agenda Report;
December 9, 1986'
Page 4
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t An easement from the adjacent property owner to the south will be
needed to allow encroachment along the southern face of the wall to
provide irrigation installation and maintenance for vine pockets.
The developer will be required to widen and improve Community Road,
including curbs, gutter -s., and sidewalks. There -is -also, arequire-
ment to contribute to the traffic signal,at the intersection of
Community Road and Aubrey Street. Finally, a detailed drainage plan,
will. be required to determine the adequacy of existing -facilities
to absorb the additional runoff, and to identify necessary improve-
'" merits .
The Zoning Development Code provide -s for the reduction of front
and setbacks of u
Y p to 40 percent on a maximum of one: -half of the
units in a subdivision tract.. Maximum utilization of side entry
garages is desirable to allow for •a minimum ,setback of 15 feet.,
thereby expanding useable rear yard areas:.
C. Environmental. Review -
The project site consists of vacant land approximately three,acres
in size, with no noticeable slope and: slightly elevated, from
surrounding properties to the south. It is at grade -with. those on -
the north and east.. The existing vegetation consists of introduced
species: of trees. No indigenous or protected species were found on
site;. The brush cover consists of annual grasses and weeds.
In former years, the site was used for gardening and wholesaling of
produce., Birds,, rodents:,, and reptiles. were, noted. in they area.
Thereare no rare or endangered species nor any historical or
cultural resources identified with the site.
Review of the Environmental Initial Study and an on-si.,te inspection.
indicated that area -wide drainage, additional traffic, and noise
exist as potentially significant impacts.; Conditions, for the miti.-
gation of those impacts contained within the proposed resolution
include the payment of the Master Flan: Drainage and Traffic
Mitigation fees and the construction of a noise attenuation walla
along Community Road and along the southerly boundaries of lots. 12
through 15. With these measures, a. Negative. Declaration is recom-
mended..
x
D Correspondence
Notice of this project has been sent to all property owners within '
500 feet of the. site,. The public hearing has been advertised in
the Poway trews Chieftain. As of November. 2.4 1986, no correspon-
dence or comments have '
.. been received regarding the project, other
than those at the public hearing of November 12, 1986.
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4 : 0 E g 1986, IT E PA 5
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DEC 9 1986 1 T E M
RESOLUTION NO. P
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A RESOLUTION OF THE CITY COUNCIL
R OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 86-0.5 AND
VARIANCE 86-04
ASSESSOR'SPARCEL NUMBER 31.7-111-1.5
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} WHEREAS, Variance 86-04_ and Tentat.i.ve. Tract Map Not 86-05-,.
hereinafter "Map" submitted by Emil Nagler, ' applicant, for the pur-
pose of' subdividing the real property situated in the City of"
Poway, County of San Diego, State of Cal-if."orni.a, described as the
West Half of the South.`_ Half of the North Half of NW Quarter of the
NW Quarter of Section B, TS 14S, R2Wj, SBBM, County of San. Diego,--
State of California,, into 1.6 lots, regularly came before the. 'City
Council for public hearing and.action on December 9, 1986; and
WHEREAS, the Director of Planning Services has recommended
approval of the Map: and variance subject to all conditions se -t
forth in the Planning Services Department report; and
WHEREAS°, the City Council_ has read and considered said report,
i'
and has considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council of the. City of` Poway does
resolve as follows:
Section It Findings:
The City Council makes the following findings. in regard, to
Tentative Tract No. 86-05 and Variance 86-04 and the Map thereof:
Tract Map
a. The tentative tract is consistent with all applicable,`
interim and proposed general- and. specific plans
because it meets all objectives and policies for
residential development,
b. The design or improvement of the tentative tract is
consistent with all applicable interim and proposed
general and specific plans because it meets General:
Plan criteria for residential design and improvements.
C. The site is physically" suitable for the type of
development proposed because it is flat and involves
no constraints to the type of development proposed..
DEC 9 1986 1TE
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Resolut-ion No. P-
Page 2
d.
The site is physically suitable for the density of
the developmentproposed because it is fiat and
constrained only by lot depth.
e.
The design of the subdivision is not 'likely to cause
substantial environmental damage and avoidable -injury
to humans and wildlife or their habitat because
potential impacts can be mitigated by conditions of
approval.. j
f..
The tentative tract is. not likely to cause. serious
public health. problems because City services, and
facilities will be provided..
g.
The. design of the tentative tract will not conflict
with. any easement acquired by the 'public at large,
now of record, for access through or use; of the pro-
-.
perty within the proposed subdivision-..
h.
This project will not create- adverse impacts- on the:
environment and a mitigated Negatise,Declaration'is
issued with mitigation for'noise,,addit.ional traffic,
and drainage.
i.,
The: effect of subdivision approval on the housing
needs of the San Diego region has been considered and
balanced againstthe public service needs: of Poway,
residents and available fiscal and environmental
resources:
j.
The design of the subdivision has provided, to the
extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision.
Variance
a.
There are special circumstances applicable to the
property (size, shape, topography, location, or,
surroundings), o:r, the intended use of the property,
and because of this., the strict application of the
Zoning Ordinance deprives the property of privleges
enjoyed by other properties in the vicinity under
identical zoning classifications. The proposed sub-
division is an in -fill, project which is constrained
on. all sides by existing development making it
difficult to reconfigure the proposed lots to provide
minimum required: lot depth.
DEC 9 1986 ITEM
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1)EG 9 1 b 1 T E IVIj
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Resolution No. P-
Page 3'
b. Granting the variance, or its modification, is
necessaryfor the preservation and enjoyment of a
substantial property right possessed: by other pro-
perty in the same vicinity and zone and denied to
the property -for -which the variance -is -sought,
Properties directly adjacent to the north on Ketron
Avenue, specifically parcels 05, 06, and. 10 through
12 of Book. 317, page 761j, possess less than 100 -foot
lot depths. Additionally, they are smaller in each
case in lot area than the proposed pro j'ect'` s .
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C. Granting the: variance, or its modification, will not
be materially detrimental to the- public health,
safety or welfare, or injurious to the property or
improvementsK in, such vicinity and zone in which the
property is located, in that other residences in the
same vicinity have 'been constructed using similar lot
depths. -
d. The granting of this variance does not constitute a
special privilege inconsistent with the limitations
upon other properties in.the vicinity and zone in.
which such property is situated,; in that other- res.i-
dences in the same vicinity have been constructedr
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using similar lost depths;.
e. 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 pro-
perty; and
f. Granting the variance or its modification will not be
incompatible with the Poway City General Pian.
Section 2 City Council Decisions
The City Council hereby finds that Variance. 86-04 and _Tentative
Tract, Map 86-05 are approved subject to the:following conditions:
1. Within 30 days; of: approval., 'the applicant shall submit in
writing that all conditions of approval have been read and,
under.s tood .;
2. The applicant/developer shall pay to the City its pro -rata
share for the traffic signals installation and/or modifi-
cation costs at Poway Road and Community Road and Aubrey
- Street and: Community Road; $343.00 and $11,333.00 respec-
tively.
1)EG 9 1 b 1 T E IVIj
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Resolution No. -P-
Page 4
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3.
That portion of Community Road.: contiguous with the deve-
lopment's.westerZy boundary shall.:. be improved to the
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following standards:
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a., Widen street paving width to 82 feet,, curb- to curb.
Street structural section shall be per City
Engineer's, approval.
b. New concrete curb, gutter', handicap ramps, and
sidewalks shall be constructed including necessary
street improvement transitions. along the easterly
side of the- road. All new construction: shall be per
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City of_Poway's specification
4.
Remove and replace existing broken. pavement, curb, gutter,
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and sidewalks,, if any, along the westerly side. of
Community Road, but only that portion opposite the pro-
posed project's- boundaries.. This shall: be performed to:
the, satisfaction of the: City. Engineer.
5.
Interior, street, shall be constructed to the following
specifications:
a. Street is classified as LOCAL: URBAN ROAD, with
54-footright-of-way, 36 -foot g y. - paving width from curb
to curb, four -and -one. -half foot wide concrete
sidewalks on both sides, concrete curb (sx-inch
minimum height) r concrete: gutter,,. ten percent maximum
street grade. Minimum pavement structural section is
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three inches AC/four inches AB. The City Engineer
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reserves the right to change the minimum structural'
section depending upon the- T.I. and R -valve.
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b. Cul-de-sac shall have a right-of-way ratdius- of 44 feet.,
70 foot diameter AC pavement from curb to curb, concrete
curb, gutter, and sidewalks. Pavement structural.
section is similar to (.a) above.
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6.
Water main shall be constructed from the existing water
main in Community Road to the cul-de-sac„ The s ze and
location shall be established by a water system analysis
to be ordered. by the City but paid for by the applicant or
its representative. The cost of the analysis shall be
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paid to the City upon demand to avoid delays in plans
and/or map checking and. shall be done prior to map 'approval,
Water main'shall be per City of Poway's specications..
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Fire hydrants'shall be installed at locations: to be deter-
mined by the City Fire Marshal and in conformance to City
of Poway specifications
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DEC 9 1986 IT E m
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Resolution Na.,P-
Page 5
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8.
Sewer main. including appurtenant structures. to service the:
development shall be installed in the interior street from.
the existing main. in Community Road to the cul-de-sac.
Material and installation procedures shall be: per City of
Poway's specifications.
9.
A detailed hydraulic/hydrology analysis to determine the
run-off to be produced by the deve opmen.t and its effec
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on existing drainagedevices shall be`submitted to the
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City. Should the -amount of run-off produced by said leve
lopment result in an amount that exceeds: the capacity of
existing drainagedevicesj, construction of additional
drainage devices will be necessary to mitigate the effect..
Such devices shall be per City Engineer's approval.*
10.
Grading of the development shall be in conformance, to the
City's: Grading Ordinances.; A grading ...plan shall be sub-
mitted to the: City for review and approval.
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Should. the: finished grade of any lot in this development
be higher, than: ad,join.ing lots outside the subdivision, a.
retaining wail: with masonry fence (slump block) above it
hall be constructed.; The wall and. fence. may either be -
extended -or shortened upon review of the grading plan sub-
mitted to the City for approval. Height of fence shall be
a maximum of six feet.
I2.
Improvement -plans are requireed of the following and sub-
mitted to the City for review and approval:
a. Improvements, for Community Road widening and
necessary repairs.
b. Improvements for interior street including sewer, and
water mains installations. Sewer laterals and water
service lines. shall also be shown in the improvement
plans.
13.a
-Street lights shall be installed at locations to be deter-
mined b the Cit
y y Engineer. They shall be shown in the
improvement
t
plans, for Community Road and the interior
street.
The interior street, subjectto improvements, shall be
dedicated to the City either by a. separate instrument or
on the final map. If dedication is- done by a separate
instrument.,. it shall be -recorded prior to final map.
approval.
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DEC 9 1986 IT E M
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Resolution No. P-
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Page 6
14.
The parkway area between: the edge of the sidewalk and pro-
perty lines along the western boundaries of lots 1 and 16 -
shall be landscaped in accordance. with City Ordinance 77
f
and included in the landscape maintenance district for
Community Road.
15.
The developer shall construct a -six-foot high noise atte-
nation wall along the westerly boundary -of those parcels
adjacent to Community Road and include it in the landscape.`
maintenace district. The wall should be: constructed out
of a tan slump block and include pilasters. The location
and design of the wail shall. be subject to the satisfac-
tion of the Director of Planning Services.,
16.
A SIX -foot masonrywall with vine packets for landscaping
r
shall be constructed along the: southerly boundary of lots
12. through 16 also in accordance with City ordinance 77
and included in the landscape maintenance. districtfor
Community Road..
170
The applicant shall acquire an encroachment easement from
the adjoining property to allow for installation. and ;mai n-
tenance of landscaping and irrigation along the ` southerly
wall of the project site.
18
Maximum utilization of side entry garages shall be
required. Eight of these units shall contain 15 -foot
front yard: setbacks.
19
No further variance shall be granted for reduction in rear
yard° setback areas.
APPROVED. anal. ADOPTED by the City Council: of the City of Poway,
State of
California, this 9th day of December, 1986..
Bruce Tarzy. Mayor
ATTEST';
Marjorie
K. Wahlsten, City Clerk
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O F 2 3
DEC 9 1986 d TE M J
STANDARD "w"O DITIONS OF APPROVAL
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Subject;.
ffi-.,._.. ,r :4
Applicant:
r; VM l I,�
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60J
Location:
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Those items checked are conditions of approval.
_ r j (Y OF POWAY
I. APPLICANT SHALL -CONTACT THE DEPARTMENT OF PLANNING. AND. BUILDING
SERVICES' REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. 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.
a
[go"2.
Revised; site; plans: andbuilding elevations incorporating, all
conditions of approval shall be submittedto the Planning
=
Services Department.pror to issuance.of building permits.
M""3.
Approval of."this. request shall not waive. compliance with all
sections.of the Zoning Development. Code and ,all. other applies
cable City Ordinances in effect. at the. time of building per-'
mit: issuance.
4;.
The developer shall provide a minimum of 25% of the lots with.
adequate sideyard'area for recreation vehicle storage pur-
suant to City, standards, and the C.C.&R..Is, shall. prohibit the
-_
storage of' recreational vehicles in the required front yard
setback:
5..
Mail boxes, on lots 10,000 square feet or- less- in, size and in
areas, where sidewalks are required., shall, be installed and.
located by the developer subject* to approval by the Planning
Services Department.
Q 6.
The developer shall integrate an appropriate variety of
approved roof materials and colors into the. design of the
residential development irr a manner -which is both compatible:
and complementary among each of the residential units.
7.
Trash receptacle shall be enclosed by a 6 foot high masonry
wall with view -obstructing gates pursuant to City standards.
Location shall be subject to approval by, the Planning
Services Department.
p 8.,
All roof appurtenances, including air. conditioners, shall be
architecturally integrated,; shielded from view and sound buf-
fered. from adjacent properties and streets as required. by the.
PlanningServices: Department. '
Sg.
Prior to any use of the project site or business activity
being, commenced thereon, all conditions of approval contained'
herein shall be comoleted to the satisfaction' of the Director
of Planning Services.
p 10.
The applicant shall comply with the. latest adopted Uniform
Building Code, Uniform Mechanical Code,. Uniform Plumbing
Code, National. Electric Code, Uniform Fire Cade, and al
other applicable codes and ordinances in effect at, the time
of building permit issuance.
9 ll.
Prior to delivery of combustible building materials on site,
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water and sewer systems shall. satisfactorily pass all
required tests and be connected to the public water ana,sewer
systems. Inaddition,, the' first, lift of asphalt paving; shall
be in place to provide adequate, permanent permanent access for
emergency vehicles.. The final lift of asphalt shall not be
installed until all other construction activity has been'
substantially completed to the satisfaction of the City.
so 2:.
For a. new residential dwelling unit(s), the applicant shall
pay development fees at the established rate. Such fees may
include, but not be limited to: Permit and Plan Checking
Fees, School, Fees tin accordance with Cl.ty-acopted policy
and/or ordinance), Water and Sewer Service Fees. These: fees
shall be paid;
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����a.
Prior to final map approval. _ .�-•- •,
I- t r b:. Prior to build-ina oPrmit i ggnance.
13`. For a new.commercial or industrial development. or addition to
an =existing development, the applicant shall pay development
fees at the established rate. Such fees, may include, but not
be limited tax Permit and Plan Checking Fees, Water and Sewer
Service Fees.• These fees shall: be,paids
a. Prior to final map approval.
b. Prior to building permit issuance,.
14. Thia approval shall become null and- void if building permits:
are: not issued for this project within one year from the. date
of project approval.
15. Street names snail be approved by the Planning Services
Depastment.priac to the recordation of the final map, and
street addresses shall be provided prior to the issuance of
building permits.
16. Building identification and/or addresses shall. be placed on -
all new and existing buildings'so as to be plainly visible
from t e street or access road= color of identification and/'or
addresses shall contrast with their background color•.
a. PARKING AND VEHICULAR ACCESS
` I. All parking lot landscaping shall. consist of a minimum of ,;one
fifteen (15) gallon saize tree for every, three t Y parking
F - spaces. For parking, lot. islands, a. minimum 12 inch wide walk
adjacent to parking' stalls shall be provided and be separated
from vehicular areas by a 5 inch high, 6 inch wide por.tland
concrete cement. curbing..
2. Parking lot Tights shall be low pressure sodium and have a.
maxim= >height of eighteen (18) feet from the finished grade-
of
radeof the parking surface and be directed away from all property
lines, adjacent streets and residences.
3• All twoway tzaffic aisles shall be,a minimum of 24 feet wade
and. emergency access: shall be provided, maintained free and
F clear,: a minimum of 2`.4, feet wide at all times during
construction in accordance with Safety Services' Department
requirements.
4`. All parking spaces shall be double striped.
C. LANDSCAPING
1. A detailed landscape and irrigation pian shall be submitted to
and approved by the Publid Services.Department. and Planning
£, Services Department. prior to the issuance of building permits.
2. A, Master Plan of the existing on-site trees shall be provided
to the Planning services Department prior to the issuance of
building permits andprior to grading, to determine which trees
shall be retained.
3. Existing -on-site trees shall. be retained wherever possible and
shall be trimmed and/or topped. Dead, decaying or potentially
dangerous trees shall be approved for removal at the discretion
of the Planning Services Department during the review of: the
Master Plan.of existing on-site trees Those trees which. are
approved, for removal shall be replaced on a tree -for -tree basis
as required by the Planning Services Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be
installed in accordance' with the City of Poway Ordinance: and
shall. be. planted -at an average of every 30 feet. on. interior
streets and: 20 feet on exterior streets.
S. A:minimum of 50 trees per gross acre, comprised of the
following sizes, shall be provided within the development=; 20% l
24." box or larger, 701 15 gallon, and 10t - 5'gallon to the 1
smtisfaction of the Director of Planning Services and in
accordance with the approvedlandscape plan in all multifamily
and PRD; projects:..
�6. All. landscaped areas shall be maintained. in a healthy and
13 OF 23
thriving condition., free from weed's. trash, and debris.;
D. SIGNS
'I. Any signs proposed for this development shall be designed and
' approved In conformance with the Sign Ordinance.
2. A Comprehensive Sign.Program for this development shall be
'.
submitted to the Planning Services Department for their review
prior to issuance of building permits. Approval shall be by
the City Council.
R. RECREATION'
I. Oa, lots having a private or public equestrian/pedestrian
trail on or adjacent to their property, the developer is
required to have contained within the _C.C.&R.''s. the following
statement8.
In purchasing the ;home, r have read the C.C.&R. Is: and understand.
that. said. lot is subject to am easement for the purpose of
allowing equestrian/pedestrian traffic.
2. The developer, shall, improve the equestrian/pedestrian trail.
{ - system. in accordance with the: adopted sign standards 'and 'to
the satisfaction of the Directors of Public and Planning
Services: -
': a. Prior ta final map approval. -
•
b.t Prior- to' building permit issuance.
3.� Ano ens ace easement shall be
p P granted to the City aver,
upon, across and under the area defined on the - final maps -as
an equestrian trail: and no building, structures or other
things shall be constructed, erected, placed or maintain ed
an subject, easements- except for the construction, and
maintenance of said trail and structures appurtenant, to the:
trail.
4. Dedicate. the Master planned equestrian/pedestrian trails t®
the satisfaction of the Directors' of the Departments of
' Publ a and Planning Services in accordance: with the Master'
s
Plan of Trails Element.'
ml"f. Parkland Dedication or payment of Park fees at the
established rate shall be: made:
a.. Prior to final -map approval.
b. Prior to 'building permit issuance.'
P. EXISTING STRUCTURES,
1. Provide compliance with. the Uniform Building Code for
property line, clearances considering use, area and
3
fire -resistiveness of'existing'buildings.
2. Existing bulding(st shall be made to comply with current
building and zoning regulations for the intendeduse or the
building shall be>demolished.
3'. Existing°sewage disposal facilities shall be removed, filled'
and/or capped to comply with appropriate grading practices
and the Uniform Plumbing Code.
G. ADDITIONAL APPROVALS RE urRED
1. Development Review or Minor Development.'Review shallL be
accomplished prior to the issuance of a building permit.
2. Development Review or Minor Development Review shall be:
accomplished prior to recordation of the final subdivision
map.
3. This Conditional Use Permit is granted for a period of
x
month(s)at. the end of which gime the City Council may add or
delete conditions, or -revoke- the Conditional Use Permit.
1 � �rr ) 3 4. 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. -rt-
'.';. ••57
S. Nis pesbli /r private equestrian/ pedesu_.an tral late
required as a; part of the subdivision, the developer, shall
display a, map In the sates office, of said subdivision,
e
BtdsCating the trails-
6All sales maps that are distributed or made available to the
public shall include but not be limited to trails, future and
existing aehoolsp parker and streets.
{
7, The developer Shall provide a noise display board Inthesales
office to the ratisfcation of the planning Services Director, F'
The display shall Include the site plan'and noise. study. ,
8: Viockinq drawings shall include a certification by a recognized
acoustical expert that the requirements of the City of Poway'-
noise ordinance gill. be met.
9. At the completion of construction, and prior to occupancy,
Interior and exterior CNEL shall be determined by field
testing at developecle expenseo Tests to be conducted by a
recogaized acoustical expert. No occupancy permits shall be
granted until Condition G•7 is met to the satisfaction of the
Building Code (latest ad opted edition) •sound Transmission
k
Control." .
f
10. The applicant shall provide verification of State Board x
of Equalisation notification and that appropriate reviews
and/or approvals have been accomplished to the satisfac-
tion of the Director of Administrative Services.' k
II. 'APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMEN•r REGARDING }
COMPLIANCEI WITH THE FOLLOWING CONDITIONS
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8. GRADING
Lao"1. Grading of the subject property shall be in accordance with ..
the Uniform Building Code, City Grading Ordinance, approved
s
grading, plan and geotechnical- report, and accepted grading
practices.,
2. The grading pian shall contain a• certificate- signed by a
registered civil engineer that the grading plan has preserved
a minimum of 100 square feet of solar access fore each dwelling
unit and for each future building site within the subdivision
[Z"'3. A soils report shall be prepared by'a qualified engineer
licensed by the State of California to perform such work:
a. Prior to final map approval.,
{
b. Prior to building permit issuance.
A geological report shall, be prepared by'a quhliEied engineer
or geologist and submitted at the time of application for
grading plan check.
5. The finalradin
g q plan shall be subject to review and approval ;.
by the Planning: Services and Public Services Department and
shall be completed prion to recordation of -the final
subdivision map or issuance of building permits whichever
comes first.
1,
Mll"f. A pre -blast survey of surrounding property shall be• conducted'-
to the satisfaction cof the City Engineer prior to any cock
blasting. Seismic recordings shall be taken for all blasting
and blasting shall occur only at locations and levels approved
by the City Engineer.
I. STREETS AND SIDEwALRS
02y""1. All Circulation Element roads shall be dedicated and improved
to Circulation Element road standards and to the specifications
of the Director of Public Services.
b. Samirrural streets
c. Medicated rural streets
d. Non -dedicated rural streets
r6• The developer shall pay the Traffic Mitigation Fee at the
e`etablishsd' rates
.6 OF 3 a. Prior to final map approval. >`1986 IT EM 5
icr� 4
b. Prior to building permit Issuance.
. far ei®peg all pay, a pro -gats share fvs,-.#h® !r llstlan
of fioatfull of the traffic signals at ..
to Prior to finSL oep approval,
b. Prier to building permit issuance.
9."Vohiculac access rights t® CirculationElement reads shall be
dedicated to the City of Poway and labeled an the final sap to
the satiafactisn of the: Director of Public Gervieas or by -
48All lntector and exterior public streets ahali be constructed
to public street atagdaedss p
9, sidewalks (4.5, 1 of feet in widhh.shalL be requited on ,
orae)
t sides) of oa' 'WeIeI' o
5. Reciprocal access and maintenance and/or agreements shall -be
provided insuring access to all paccels over private roads,
drives or perking areas and maintenance thereof to th®
satisfaction of the Director of Public Sary cos.
Well', Street striping and signing shall be Installed to the
satisfaction of the, Director of Public Services. •
e. All, street-- structural. suctions shall be submitted to, and
approved by the Director of,. Public Services.
9. Street Improvement
plans prepared' on standard size shoots by a
Registered' Civil; Snginear shall be submitted for approval by ,
the Director of Public Services. Plan check and inspection
exp uses shall be paid by the developers
l®v All exterior street improvements shall We constructed prior: to
Issuance of building permits# to the satisfaction, of the
di Octor of Public services.
$
11. Street improvements that Include# but are not limited for
4 a. sidewalks Vie. .f Cross gutter lee
fib.
fDrivewayg f. Alloy gutter ,
Eand �ramps
fid. Curb gutterh. Alleyrpavingg
sball be constructed prior to the oeaupancy of the units to the
satisfaction Of the Director of Public 6ervicass
Z. All damaged off-site public works facilities# Including partway'
tgeear Shall be repaired or replaced prior to sicaneration of
bonds and improvements` to the Satisfaction of the department
of Public Servicas.
f
11
01,
13. Prior to any work being performed in the public right-of-ways
I
On encroachment permit shall be obtained from the Public
Services office and appropriaate foes paid, in addition to any
other hermits required.
14. The developer shall pay one half the cost of a City approved
landscaped Median alanq the project frontagc(sj ,
a. Prior to final map approvaltv
b, prion to building permit issuance.
cer'1,5 Street Improvements and maintonance shall be made in accordance
with City Ordinance standards foci
f
s. Urban streets
b. Samirrural streets
c. Medicated rural streets
d. Non -dedicated rural streets
r6• The developer shall pay the Traffic Mitigation Fee at the
e`etablishsd' rates
.6 OF 3 a. Prior to final map approval. >`1986 IT EM 5
icr� 4
b. Prior to building permit Issuance.
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J. DRAMACK AND FLOOD C®41TR®L
el
t. Intersection drains will be required,at locations s eetfled`b
the Directdc' of public Servicesand in accordance with
y
:standard angineering practices,
2. The proposed project falls within areas indicated as subject
to flooding under the National Flood ins
urancm Program and is
4 subject to the provisions of that ps:ogram,andCity Ordinance.
3. A drainage system capable of handling and disposing of al
dUrface water originating within the subdivision, and all
surface waters that may flow onto the Subdivision- from
adjacent lands# shall- be required. Said drainage' -system shall
include any easements and structures an required by the
Director of Public Services to properly handle the drainage.
4. Portland cam
rant ccncretw cross gutters shall be Installed
:Aware water crosses the rcadwaye.
S. The Nastar plan of Drainage Fee shall be paid at the
established rabe in accordance with the Drainage Ordinances
a. Priory to final map approval.
�--t Prion to building b'• g permit issuance
6. Concentrated flows across driveways and/or sidewalks shall not
be permitted.
R. OTTAXTIES
W000'" Al propoaed utilttiee within the ro act sshal
p . j Y be installed
underground including existing utilities along Circulation
Elesaent roads and/or highways less than 3e.5 W.
2`. Utility easements shall be provided to the speciSication of
the serving utility companies and the Director of Public
' S®rricets�.
3. The developer shall be responsible for the relocation and
undargraunding of existing public utilities, as.required.
t 4'• Waterf sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City of
x
Poway and the Health Department of the County of San Diego.
S. Prior to acceptance of property for sewer service, annexation
' to the sewer improvement area shall' occur.
6 The applicant shall
pry for a water system analysis to
establish the proper site and location for the ,public water
System. The amount will be determined by the cost of the
analysis and shall be paid:
a. Prior to final map approval. oe 4naW- O&PA4444
v
b. Prior to building permit issuance.
The applicant shall, within 30 days after receiving approval
Of the tentative tract map, tentative parcel map, use permit,
ok development review, apply for a Letter of Availability
(LOA) to reserve sewerage availability and post with the City,
a nonrefundable reservation fee equal to lot` of the
appropriate sewerage connection fee in effect at the time the
LAA in issued.
Developer shall construct a light system conforming to City of
Poway Standards at no cost to the public, subject to the
following --s
a. Cut-off luminaries shall be installed which will provide
true 90 degree cutoff and prevent projection of Light
above the horizontal from the Lowest point of the lamp or
light emitting refractor, or device.
7sr ;� b. Ali fixtures: shall use: a clear, low-pressure 'sodium vapor
a. ,. bight .source:
F
i
c.. Advance energy charges and District engineering charges
shall be paid by the developer, f ,
d. Annexation to the lighting district shall be accompLished
and evidence of annexation and payment of Lighting fees
shall be presented to the City prior to final map
approval or building permit issuance, whichever occurs
first.
9,' Cable television services: shall be provided and installed
underground, The developer' shall notify the Cable company
' when trenching for utilities is to be accomplished. ,
L. GENERAL REQUIREMENTS -AND' APPROVALS 1
I. Permits from other' agencies- will be required as follows,s
f a. Caltrans
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b. San Diego County Flood Control. District
l c Others
F 2. A copy of the Covenants, Conditions and Restrictions (CC&R1's)
and/or Articles of hncorporaton of the Homeowners: Association
shall be subject to the review for compliance with conditions
herein* to the'satisfaction of the City Attorney and Director
of Planning Services, and shall be filed with. the Secretary of
f State, the County Recorder and,, the City Clerk at the time of
1 final map consideration.
3. Prior to recordation, a Notice of Intention to form Landscape
F and/or Lighting Districts shall be filed with- the City
Council.: Theengineering costs involved in district formation
shall be-borne by' the developer..
1:04Final parcel and tract, maps shall conform, to City standards
and procedures.
S. By separate document prior to the recording of the final irwlwl
subdivision ma o
p, r on
the final subdivision map, there
shall. be! granted to the City, an open space easement over,
Lots , common areas. Said: open space
easement shall be approved as to form by the City Attorney
and shall_ limit, the use of said open space. to recreational
purposes, including buildings'., structures and improvements.
. Should; this subdivison be further divided, each final
map shall be-submitted for approval by the, Director of
Public Services.
7, All provisions of the Sub-divison Ordinance of the Poway
Municipal Code shall be-met as they relate to the
division-of land. ,
9. Those portions of the subject property proposed to be
heldunder common ownership shall be_ labeled; such and
identified by ,a separate lot number on the final map.
MI-9 Prior to final map approval, ail of the above,
improvements and requirements shall be installed and
provided, or deferred by guaranteeing installation
within two years from map recordation or prior to
building permit issuance, whichever occurs first, by the
execution of a performance agreement, secured with
suffic4ent securitieso, in a form approved by the city
Attorney. All necessary, processing fees, deposits, and
charges shall be paid _prior' to final map approval.
r7;r10. Prior to final map approval,' all dedications shall be
madel and easements granted as required above'.
1.
The tentative map approval shall, expire an x
unless an application for time extension is` received 410
days prior to expiration in accordance with the City's
Subdivision Ordinance.
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