Item 6 - TPM 89-16 Time Extension Rahi Nikravesh
AGENDA REPORT SUMMARY
~
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: Reba Wright-Quastler, Director of Planning Services~~
DATE: March 17, 1998
SUBJECT: Tentative Parcel Map 89-16 Time Extension, Rahi Nikravesh, Applicant
ABSTRACT
A request for a three year time extension for a tentative map to create four residential parcels
from a 2.83 acre site near the southwest comer of Old Stone Road and Old Pomerado Road,
north of Scripps Poway Parkway within the RS-2 zone. The original City Council approval was
January 3, 1995.
ENVIRONMENTAL REVIEW
A Negative Declaration with mitigation measures was previously issued on January 3, 1995 for
this project. No further environmental review is required for this time extension.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the poway News Chieftain and mailed to 27 property owners in
the project area and to the Southwest Poway Homeowners Association.
RECOMMENDA TION
It is recommended that the City Council find that the Negative Declaration with mitigation
measures previously issued for TPM 89-16 on January 3, 1995 adequately addresses the
concerns of this project and approve a three year time extension for Tentative Parcel Map 89-16
(TE) parcels subject to the findings and conditions in the attached proposed resolution.
ACTION
E:\CITY\PLANNINGIREPORT\TPM8916T.SUM
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I\AR 1 7 1998 ITEM 6
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AGENDA REPORT
CITY OF POWAY
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TO:
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~
Reba Wright-Quastler, Director of PlanninAl ~Service~
Stephen A. Streeter, Principal Planner -iM
INITIATED BY:
DATE:
March 17, 1998
MANDATORY
ACTION DATE:
March 17, 1998
SUBJECT:
Tentative Parcel MaD 89-16TE. Rahi Nikravesh. ADDlicant: A request
for a three year time extension for a tentative map to create four
residential parcels from a 2.83 acre site near the southwest comer of
Old Stone Road and Old Pomerado Road, north of Scripps Poway
Parkway within the RS-2 zone.
APN: 317-241-50 & 320-011-26
BACKGROUND
On January 3, 1995, the City Council approved TPM 89-16, a proposal to divide a 2.83
acre parcel into four lots having a minimum size of 20,000 square feet. In accordance with
Assembly Bill 771, TPM 89-16 was automatically extended one year from January 3,1997
to January 3, 1998. The applicant is currently requesting a three year time extension to
allow more time to comply with the project conditions of approval.
FINDINGS
The subdivision standards have not changed since the original tentative map approval.
Therefore the map is in conformance with all applicable standards. The tentative map
approval will expire on January 3, 2001. No further time extensions are possible under the
poway Municipal Code.
One of the standard conditions for the tentative map approval was: "Within 30 days after
receiving approval of the tentative parcel map, the applicant shall apply for a Letter of
Availability (LOA) to reserve sewerage availability and post with the City, a nonrefundable
reservation fee equal to 20% of the appropriate sewerage connection fee in effect at the
time the LOA is issued: Since the twenty percent was not paid by February 1995, a
condition is included within the resolution that: 'The applicant shall pay fifty percent of the
required sewer fees ($4,712) within 30 days which were reserved in the prior Letter of
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liAR 1 7 1998 ITEM 6
Agenda Report
March 17, 1998
Page 2
Availability along with an administrative fee ($50): This payment would bring the LOA
account current.
ENVIRONMENTAL REVIEW
A Negative Declaration with mitigation measures was issued with the original approval of
TPM 89-16. No additional environmental impacts will result with granting the time
extension and further environmental review is not necessary.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the poway News Chieftain and mailed to 27 property
owners in the project area and to the Southwest poway Homeowners Association.
RECOMMENDATION
It is recommended that the City Council find that the Negative Declaration with mitigation
measures previously issued forTPM 89-16 on January 3,1995 adequately addresses the
concerns of this project and that approve a three year time extension for Tentative Parcel
Map 89-16 (TE) parcels subject to the findings and conditions in the attached proposed
resolution.
Attachments:
A. Proposed Resolution
B. Resolution P-95-01
C. Surrounding Zoning and Location Map
D. Tentative Parcel Map 89-16
E:\CITYlPLANNING\TPM8916T,AG2
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liAR 1 7 1998 rTEII 6
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TPM 89-16 TE
ASSESSOR'S PARCEL NUMBER 317-241-50 & 320-011-26
WHEREAS, a three year time extension for Tentative Parcel Map 89-16, hereinafter
"Map" submitted by Rahi Nikravesh, applicant, Persepolis Partners, owner, for the purpose
of subdividing the real property located near the southwest corner of Old Stone Road and
Old Pomerado Road, north of the Scripps poway Parkway situated in the City of Poway,
County of San Diego, State of California, into four single family parcels, regularly came
before the City Council for public hearing and action on March 17, 1998; and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
A Negative Declaration with mitigation measures was previously issued on January
3, 1995 for this project. No further environmental review is required for this time
extension.
Section 2: Findings:
1. The approved project is consistent with the general plan in that a residential
land use is proposed by this application.
2. The design or improvements for the tentative parcel map are consistent with
or are conditioned to be consistent with all applicable general and specific
plans, in that required improvements adhere to the development standards
of the City of Poway Development Code and Subdivision Ordinances.
3. The site is physically suitable for the type of development approved, in that
the site will be completely graded with remedial work in accordance with a
geotechnical report to create four suitable building sites.
4. The site is physically suitable for the density of the development approved.
It contains four single-family parcels on 2.83 net acres, which is a density of
one parcel per 0.71 acre, where 20,000 square foot parcels (about 0.5 acre)
are permitted. The lot sizes and configurations all conform to the minimum
RS-2 zoning standards.
4 of 15
A TT ACHMENT A
MAR 1 7 1998 ITEII 6
Resolution No. P-
Page 2
5. The design of the subdivision is not likely to cause substantial environmental
damage and avoidable injury to humans and wildlife or their habitat, in that
the site has been previously disturbed, some trees will be retained and
others will be replaced with comparable trees.
6. The tentative parcel map is not likely to cause public health problems
because City water and sewer systems will be provided to serve the new
parcels.
7. The design of the tentative parcel map does not conflict with any easements
by the public at large, now of record, for access through or use of the
property within the approved subdivision.
Section 3: Citv Council Decision:
The City Council hereby approves Tentative Parcel Map 89-16TE subject to the
following conditions:
1. Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood.
2. Approval of TPM 89-16TE is based on its conformance with the conditions
contained in City Council Resolution P-95-01.
3. The applicant shall pay fifty percent of the required sewer fees ($4,712)
within 30 days which were reserved in the prior Letter of Availability along
with an administrative fee ($50).
4. The tentative map approval shall expire on January 3, 2001. No further time
extensions are possible under the Poway Municipal Code.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
Califomia, this 17th day of March 1998.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
tlAR 1 7 1998 ITEM 6
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RESOLUTION NO. P-95-01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 89-16
ASSESSOR'S PARCEL NUMBER 317-241-50 & 320-011-22 (PTN.)
WHEREAS, Tentative Parcel Map 89-16, hereinafter "Map" submitted by Rahi
Nikravesh, applicant, Persepolis Partners, owner, for the purpose of subdividing
the real property located near the southwest corner of Old Stone Road and Old
Pomerado Road, north of the Scripps Poway Parkway situated in the City of Poway,
County of San Diego, State of California, into four single family parcels,
regularly came before the City Council for public hearing and action on January
3, 1995; and
WHEREAS, Tentative Parcel Map 89-16 meets the requirements of the RS-2
zone; and
WHEREAS, the Director of Planning Services has recommended approval of the
parcel map, subject to all conditions set forth in the Planning Services
Department report; and
WHEREAS, the City Counci 1 has read and cons i dered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that the project will not have a significant
adverse impact on the environment and hereby issues a Negative Declaration
with mitigation measures per the California Environmental Quality Act.
Section 2: Findinos:
1. The approved project is consistent with the general plan in that a
residential land use is proposed by this application.
2. The design or improvements for the tentative parcel map are
consistent with or are conditioned to be consistent with all
applicable general and specific plans, in that required improvements
adhere to the development standards of the City of Poway Development
Code and Subdivision Ordinances.
3. The site is physically suitable for the type of development
approved, in that the site will be completely graded with remedial
work in accordance with a geotechnical report to create four
suitable building sites.
4. The site is physically suitable for the density of the development
approved. It contains four single-family parcels on 2.83 net acres,
which is a density of one parcel per 0.71 acre, where 20,000 square
foot parcels (about 0.5 acre) are permitted. The lot sizes and
configurations all conform to the minimum RS-2 zoning standards,
~ 6 of 15
ATTACHMENT B
tlAR 1 7 1998 ITEM 6
Resolut1on No. p- 95-01
Page 2
5. The design of the subdivision is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or
their hab1tat, 1n that the s1te has been previously disturbed, some
trees will be retained and others will be replaced with comparable
trees.
6. The tentative parcel map is not likely to cause public health
problems because City water and sewer systems will be provided to
serve the new parcels.
7. The design of the tentative parcel map does not conflict with any
easements by the public at large, now of record, for access through
or use of the property within the approved subdivision.
Conditions that are also mitigation measures are marked with an
"*11
Section 3: Citv Council Decision:
The City Council hereby approves Tentative Parcel Map 89-16 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
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.
2. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
3. 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 issuance.
4. For each new residential dwell ing, the appl icant shall pay Permit, Plan
Check and Inspection Fees and School Fees at the establ ished rate (in
accordance with City-adopted policy and/or ordinance).
LANDSCAPE IMPROVEMENTS
1. A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained,
*2. Existing on-sHe trees sh~ll bo retained wherever possible ~nd shall be
maintained in a hol'ticll1tllr~lly acceptable manner. Dead, dtlcaying, or
~ 7 of 15
liAR 1 7' 1998 rTEII 6
Resolution No. P, 95-01
Page 3
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, Living trees which are approved
for removal shall be replaced on a tree-for-tree basis as required by the
Planning Services Department.
RECREATION
The developer shall pay the Park Fee at the established rate at the date
of final inspection, or the date of the Certificate of Occupancy,
whichever occurs later.
ADDITIONAL APPROVALS REOUIRED
*1. Development review or minor development review shall be accomplished prior
to issuance of a bui 1 ding permi t. The mi nor development revi ews for
Parcels 1 and 2 will be processed as hillside/ridgeline properties that
receive approval by the City Council.
2. 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 information.
*3. Working drawings shall include a certification by a recognized acoustical
expert that the requirements of the City of Poway's Noise Ordinance will
be met. A sound wall of up to eight feet in height may be required along
the Scri pps Poway Parkway frontage per the recommend at ions of a noi se
analysis prepared for this property.
4. At the completion of construction, and prior to occupancy, interior and
exterior CNEL shall be determined by field testing at developer's expense.
Tests to be conducted by a recognized acoustical expert. No occupancy
permits shall be granted until Condition G-7 is met to the satisfaction of
the Building Code (latest adopted edition) "Sound Transmission Control".
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
EXISTING STRUCTURES
Existing sewage disposal facil ities shall be removed, filled and/or capped to
comply with appropriate grading practices and the Uniform Plumbing Code.
GRADING
*1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. The grading plan shall contain a certificate signed by a registered civll
engineer that the grading plan has preserved a minimum of 100 square feet
solar access for euch dwelling unit und for each future building site
within the subdivision,
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8 of 15
Resolution No. P-95-01
Page 4
3, A geotechnical report shall be prepared by a qualified engineer or
geologist and submitted at the time of application for grading plan check.
4. The final grading plan shall be subject to review and approval by the
Planning and rngineering Services Departments and shall be completed prior
to recordation of the final subdivision map or issuance of building
permit, whichever comes first.
*5. The final grading plan, prepared on a standard size sheet of mylar, shall
be subject to review and approval by the Planning and Engineering Services
Departments and shall be completed prior to issuance of a grading permit.
6. A pre-b1 ast survey of surround i ng property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. Seismic
recordings shall be taken for all blasting and blasting shall occur only
at locations and levels approved by the City Engineer.
7. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
8. A final compaction report shall be submitted and approved prior to
issuance of building permits.
9. Site grading shall be certified by the project civil engineer prior to
issuance of building permits.
10. If pad elevations increase by greater than two feet in height from those
approved on the tentative map, City Council approval will be required.
11. Non-supervised nor non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compl iance with City-approved soils
investigations and recommendations and grading plans.
12. Erosion control, including, but not limited to desi1tation basins, shall
be installed. The developer shall make provisions to insure the proper
maintenance of all erosion control devices throughout their intended life.
13. The tops and toes of all graded slopes shall be constructed with a five
foot minimum setback from any open space area.
14. During grading, the site shall be excavated to competent soil lying below
the landslide slip plane as a minimum and under the supervision of a soils
eng i neeI'. Th is may extend to a depth of 45 feet or more below the
existing ground surface.
STREETS AND SIDEWALKS
I, Reciprocal access and maintenance agreements shall be provided insuring
access to all parcels over private roads, drives or parking areas and
maintenance thereof to the satisfaction of the Director of Engineering
Services,
2. Street striping and signing shall be Installed to the satisfaction of the
Director of Engineering Services,
9 of 15
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ITEU 6
Resolution No. P.9S-01
Page 5
3. All street structural sections shall be submitted to and approved by the
Director of Engineering Services.
4, Street improvement plans and any other public utility lines, prepared on
standard size sheets of mylar by a Registered Civil Engineer, shall be
submitted for approval by the Director of Engineering Services, Plan
check and inspection expenses shall be paid by the developer.
5. Street improvements that include, but are not limited to:
_ Sidewalks
~ Driveways
_ Wheel chair ramps
_ Curb and gutter
_ Bus shelter/turnout
_ Cross gutter
_ Alley gutter
~ Street paving
_ Alley paving
shall be constructed prior to occupancy of the units to the satisfaction
of the Director of Engineering Services.
6. All damaged off-site publ ic works facil ities, including parkway trees,
shall be repaired or replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Department of Engineering
Services.
7. Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Engineering Services
Department and appropriate fees paid, in addition to any other permits
required.
8. The roadway taper on Old Stone Road shall be 50 feet.
9. The maximum grade break on streets or driveways shall be 8% in 20 feet.
10. Driveways, both new and existing disturbed by construction, shall be
constructed or reconstructed to Regional Standard G-14.
DRAINAGE AND FLOOD CONTROL
1. A drainage system capable of handling and disposing of all surface 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 as required by
the Director of Engineering Services to properly handle the drainage.
2. The Master Plan of Drainage Fee shall be paid at the established rate in
accordance with Drainage Ordinance at the date of final inspection or at
the date the Certificate of Occupancy is issued, whichever occurs first.
3. Concentrated flows across driveways and/or sidewalks shall require a
spec1al design approved by Engineering Serv1ces.
4. ^ drainage study shall be submitted to Engineering Services wh1ch analyzes
tho downstream Impact of the drainago from this sito. It shall determine
whether or not tho existing facilit1es are adequate.
~
liAR 1 7 1998 ITEM 6
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Resolution No. P,95-01
Page 6
UTILITIES
1. All proposed utilities within the project shall be installed underground.
2. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
4. Water, sewer, and fi re protect i on systems plans shall be des i gned and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
5. Property shall be annexed to the sewer improvement area pri or to
acceptance of property for sewer service.
6. The appl i cant shall pay for a water system anal ys is to estab 1 ish the
proper size and location for the public water system. The amount will be
determined by the cost of the analysis and shall be paid when a grading
plan is submitted.
7. Within 30 days after receiving approval of the tentative parcel map, the
applicant shall apply for a Letter of Availability (LOA) to reserve
sewerage availability and post with the City, a nonrefundable reservation
fee equal to 20% of the appropriate sewerage connection fee in effect at
the time the LOA is issued.
8. Developer shall construct a lighting system conforming to City of Poway
standards at no cost to the public, subject to the following:
a. Cut-off luminaries shall be installed which will provide true gO
degree cutoff and prevent projection of light above the horizontal
from the lowest point of the lamp or light emitting refractor or
device.
b. All fixtures shall use a clear, low pressure sodium vapor 1 ight
source.
c. Advance energy charges and District engineering charges shall be
paid by the developer.
d. Annexation to the lighting district shall be accomplished and
evidence of annexation shall be accomplished at the time of final
inspection or Certificate of Occupancy, whichever occurs later.
9. Cable television services shall be provided and installed underground.
The developer shall notify the cable company when trenching for utll ities
is to be accomplished.
10. Existing telephone, gas, electric, and all other public util Hies and
appurtenances shall be shown on the grading/prIvate Improvement plans.
~
liAR 1 7 1998 ITEM 6
11 nf 15
Resolut1on No. P.95-01
Page 7
11. All on-site private sewer mains shall be constructed to standards for
publ1c sewers and shown on the grading/private Improvement plans.
12, Prior to occupancy, the sewer and water systems serv1ng the project shall
be Installed to the satisfaction of the City Engineer.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Where driveway access exceeds 15%, a residential fire sprinkler system
will be required to be installed in a new single-family dwelling.
2. One new fire hydrant is to be placed on the access road jeasement leading
to parcels 2 and 3.
GENERAL REQUIREMENTS AND APPROVALS
1. All provisions of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
2. Prior to final map approval, all dedications shall be made and easements
granted as required.
3. The tentative map approval shall expire on January 3, 1997. Application
for time extension must be received 90 days prior to expiration in
accordance with the City's Subdivision Ordinance.
4. All appropriate fees shall be paid. These include, but are not 1 imited
to, drainage, sewer, water, park, school, etc. Drainage fees paid when
grading permit is issued, sewer and water fees paid at building permit,
the remaining fees paid at occupancy.
5. Inclusionary housing fees shall be paid in accordance with fee schedule in
effect at the time of building permit issuance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California. this 3rd day of January, 1995.
~
1991nson,
-
ATTEST:
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Marjorie K, w;ihrsteil~ C'n,yClor,:k'
12 of 15
liAR 1 7 1996 ITEM 6
Resolution No. P- 95-01
Page 8
(
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-95-01 , was duly adopted by the City Council at a meeting of said City Council
held on the 3rd day of January , 1995, and that it was so adopted
by the followrng-vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
r
ABSENT: NONE
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Marjorie K. Wa sten, C ty er
City of Poway
REPORT\TPM8916.RES
liAR 1 7 1998 ITEII 6
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ITEM ""4