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Res P-02-18RESOLUTION NO. P-02-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW 02-01 FOR LOTS 1, 2, 3, 4, 5, AND 7 OF THE DIROMA ESTATES SUBDIVISION ASSESSOR'S PARCEL NUMBERS: 314-192-38, 39, 73, and 74 WHEREAS, DR 02-01 submitted by Robert Lamag. no, applicant and property owner, requests the approval of a Development Review Appl ~ 6 detached single- family homes on Lots 1,2, 3, 4, 5, and 7 of the 14-1ot Diroma Estates Subdivision located on the east side of Midland Road on Holly Oak Way and Twin Gables Court, and within the RS-4 and RR-C zones and the Old Poway Specific Plan area; and WHEREAS, on April 30, 2002, the City Council held a duly advertised public headng to solicit from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council finds that the proposed project has been adequately addressed in, and is within the scope of, the Mitigated Negative Declaration (MND) approved for TTM 99-01R on October 3, 2000. The project is within the scope of the prior Iai document; therefore, no additional review or notice is necessary. Section 2: The finding Jance with Section 17.52 of the Poway Municipal Code, for DR 01-13 are made as follows: The project' l with the Poway General Plan in that the project involves the construction of 6 single-family residences on approximately 1.5 acres of land located within the RS-4 zoned portion of Diroma Estates, yielding an overall project density of 4 units per acre, which is an allowable project density for the site, based on its RS-4 land use designation. The project will not have an adverse health, safety, or aesthetic impact upon adjoining properties in that the project's inf ~ grading, and h in full compliance with all City development standards. That the project is in compliance with the Zoning and Grading Ord that the project complies with all City development standards of the RS-4, including those relating to building setbacks, building heights, lot coverage and all City grading requirements. The project' 31lance with the Old Poway Specific Plan in that the proposed single-family residences will be built using a contemporary version of Stick Victorian, Craftsman Bungalow, or Pioneer Farmhouse architectural style and will incorporate high quality and authentic-appearing The City Council further finds that the fences to be -I within the open space Resolution No. P-02-18 Page 2 surrounding the Kent Heritage Sycamore Tree is with the Covenants, Terms, Conditions and Restrictions of the recorded Open Space Conservation Easement in that said document allows the City1 :anything on the easement to protect the Sycamore Tree and the approved fences are necessary for this purpose. That the development encourages the orderly and h appearance of and property within the City as the surrounding properties consist of single-family residences. Section 3: The findings, pursuant to G ~ Code Section 66020 for the public imp for DR 02-01, aro to be made as follows: The design and imp I the proposed development i with all elements of the Poway General Plan, Old Poway Specific Plan as well as City ordinances, because all necessary :1 facilities will be available to serve this project. The payment of fees toward public imp :led as a result of the proposed development to protect the public health, safety and welfare as identified below: The project requires payment of drainage, park, affordable housing, water, :1 traffic mitigation fees, which :1 on a pro-rata basis to finance and provide public inf imp to promote a safe and healthy I for the residents of the City. Section 4: The City Council hereby approves DR 02-01 to construct 6 detached single- family homes on Lots 1, 2, 3, 4, 5, and 7 of TTM 99-01R, the 14-lot Diroma Estates Subdivision, located in the 14400 block of Midland Road, and within the RS-4 and RR-C zones and the Old Poway Specific Plan aroa as shown on the plans dated February 28, 2002, subject to the following conditions: Approval of DR 02-01 shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ord ~ all other applicable City ord ~fect at the time of building permit issuance. Within 30 days of the date of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood: The conditions of DR 02-01 shall fect for the life of the subject residence and shall run with the land and be binding upon ful heirs, and t ! the current property owner. During grading and and up until the establishment of permanent erosion and sed' controls, the applicantJdeveloper shall constantly Resolution No. P-02-18 Page 3 maintain adequate erosion and sed (BMPs). Best Management Practices The homes shall be built using either authentic exterior materials or visually authentic, high quality ex1 that are true to the historic period to the sat f the Director of Development Services. Stucco may be incorporated on facades that are not visible from any street. Ext ~ail b : with the approved color list in the Old Poway Specific Plan to the sat'I the Director of Development Services. Primary veh' to Lots 3 and 4 of TTM 99-01R shall be off of Twin Gables Court and not off of Outlook Road. The residence on Lot 1 of TTM 99-01R shall front on Holly Oak Way. The garage shall front on Twin Gables Court and shall ' ' : 18 feet street side yard setback. If the garag less than 20 feet from the property line, the garage shall be fitted with a roll-up garage door. Inst :1 preservation practices of the Kent Sycamore Tree prepared to the satisfaction of the Directors of Public Works and Development Services shall be provided to the home buyers of Lots 4, 5, and 7 of TTM 99-01R. Prior to occupancy, the applicant shall provide a written statement from the homebuyers that they have read and understand the sig : ' ' ..3 the Kent Sycamore Tree. Prior1 the applicant shall obtain a Building Permit. Prior1 of a Building Permit for each lot, the applicant shall comply with the following: The site shall be developed in accordance with the approved plans on file in the Development Services Department and the condir :1 herein. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance. An interior noise study shall be submitted for City review for two-story residences on Lots 1, 2, and 3 of TTM 99-01R to ensure that the interior noise levels will not exceed a CNEL of 45 dB. The building plans shall incorp .tenuation :ted in the approved noise study to the sa! : the Director of Development Services. Prior I : a Building Permit for Lots 4, 5 and 7, the applicant shall revise the fence plan dated March 26, 2002, to th :the Director of Development Services to show the following. The fencing shall be installed p ' 3ancy of each of the homes on these lots. Resolution No. P-02-18 Page 4 The p :11' ;I the east property line of Lot 5 and the north property line of Lot 7 shall be moved back ' ' :5 feet from the sycamore tree on the north and east sides of the tree. The applicant shall design and construct a minimum 5-foot high black chain link or decorative metal fence around the sycamore tree, a minimum distance of 5 feet from the tree. Said fence shall extend into the open si; ' 3 to the wood f ~er side of the tree. The fence shall have a locking gate for City personnel to access th :liately adjacent to the tree. The 6-foot high I: 'len 1' ~ the north property line of Lots 3 and 4 extending from Midland Road to the easterly end of the northern property line of Lot 5, as shown on the proposed fence plan dated March 26, 2002, shall be maintained. A 12-foot wide solid gate shall be provided within the fence for City access from Outlook Road to the sycamore tree. Side yard fencing between Lots 5 and 7 within the open sp area shall be black vinyl coated chain link if necessary to meet pool fencing req with wood posts painted black. The side yard fencing between Lots 4 and 5 shall not extend into the open si; I. A split rail fence shall be constructed along the open sp line that crosses through the back yards of Lots 4, 5 and 7 to demark the location of the open space easement. A 12-foot wide gate shall be provided within the fence on Lot 4 for City maintenance access from Outlook Road via the access easement to the sycamore tree. A gate within the fence may b ~1 on Lots 5 and 7 to provide access to the open sp I. go All wood iencing shall be either stained and sealed or painted to the of the Director of Development Services to protect it from premature weathering. h. The holes for all posts within the open dug to protect the health of the sycamore tree. shall be hand The side yard fencing of all remaining lots within the subdivision that are subject to this permit shall be designed to match the wooden fence along the northern property line of Lots 3 and 4 unless a design of comparable quality is approved by the Director of Development Services. = 10. 11. 12. 13. 14. 15. Resolution No. P-02-18 Page 5 The architectural design of the shall be the Old Poway Specific Plan and the sample designs dated February 28, 2002 on file with the Planning Division to the sal I the Director of Development Services. The building plans shall depict the ex1 J colors. A sample board showing the proposed colors and exterior building ~all be submitted to the Planning Division for review and approval. The project J colors shall I~ I with the Old Poway Specific Plan as determined by the Director of Development Services. The locations of any new utility I: 3 feet in height shall be noted on the plans, and screening shall be provided to the sa1 ~the Director of Development Services. Each lot in the subdivision shall be graded in with City- approved grading plan G1300-1. No changes to the approved grading plan shall be made without prior approval of the City. A certificate of line and grade issued by a California Registered Civil Eng' Licensed Land Surveyor shall be submitted to the City after rough grading of each building pad on each lot that is sought for building permit issuance. The certificate and rough grading shall meet the approval of the City. The project's soils engineer shall submit to the City, a compaction report for each lot. :1 approval, Drainage improvement as required by the conditions of approval of TTM 99- 01R shall I~ :1 priori :a building permit for Lots 2, 3, 4, 5, and 7 of TTM 99-01R. Affordable Housing In-Lieu fees, pursuant to Section 17.26.100 of the Poway Municipal Code, shall be paid prior to the ' I a Building Permit for each lot. School impact fees shall be paid at th ' 31ished at the time of building permit issuance. Please contact the Poway Unified School District for additional information at (858) 748-0010, extension 2089. The following development fees shall be paid to the Engineering Division. These 1' lly in effect and subject to change without notice. The fees shall be adjusted accordingly, if changed, at the time of payment: · S fee* = $2,356.00 perlot Resolution No. P-02-18 Page 6 · S t fee · $ I insp. fee · Water base capacity fee** · Water meter** = 50.00 I; = 25.00 I: = 3,710.00 for each %" meter or 6,678.00 foreach 1" meter = 130.00 for each %" meter or 270.00 for each 1" meter · SDCWA base capacity*** · Traffic mitigation fee · Park fee · Drainage fee = 2,004.00 for each ~" meter or 3,206.00 for each 1" meter = 990.00 per lot = 2,720.00 per lot = 1,570.00 per lot * This amount will be adjusted. LOA # 276 reserved only 8 EDUs in a 14-1ot subdivision. Applicant shall advise the City which 8 lots are to be credited the reserved EDUs. ** If required for fire safety, 3/4" meter capacity and SDCWA fees are applicable. *** To be paid by a separate check payable to the San Diego County Water Authority. 16. Dudng :the homes on Lots 4, 5 and 7, protective fencing shall be installed at the edge of the open sp l for the Kent Sycamore Tree to the sal I the Director of Development Services. The fencing shall : at all times during 17. The height of any wall or fence shall not exceed the height limitations identified in the Poway Municipal Code. Prior to th : a certificate of occupancy, unless other timing is indicated, the applicant shall comply with the following: The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. An adequate drainage s~ ' ri the building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. Street and public imp C of Public Imp limit set forth in said agreement. as noted in the Standard Agreement for shall be constructed within the time o 10. 11. Resolution No. P-02-18 Page 7 Driveways, drainag utilities, water and (including ex1 :1 realignments), and all roadway imp ~all b ~, completed, and inspected by the Engineering Inspector. Driveways shall be ~ -I in accordance with Poway Municipal Code, Section 17.08.170D, and section shall be shown on the grading plan. The developer shall, to the sat all damages to the existing road imp subdivision. the City Engineer, repair any and -1 by :the Record drawings of G1300-01, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16-52-130B of the grading ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior 1 I occupancy and release of grading securities. All landscaping required on the site under the Poway Landscape Guidelines and the approved landscaping plan for TTM 99-01R shall be installed, including street trees located along Holly Oak Way and Twin Gables Court. The trees shall be planted within the limits of private property. The tree species and spacing of trees shall be to the satisfaction of the Director of Development Services. All created slopes of 5:1 or greater shall be landscaped and a permanent I irrigation system shall be installed prior to certification of occupancy. New landscaping, if any, shall I: lance with the requirements of the City of Poway Guide to Landscape Requirements. Final inspection of the landscaping and irrigation shall be completed by the City's Landscape Architect and the Public Works Department. The following improvements shall be City Fire Mamhah : ~ to the satisfaction of the Roof covering shall be fire retardant as per UBC Section 1503 and 1504, UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. Fire hydrants shall be installed at locations to be determined by the Fire Marshal. Installation of fire hydrants shall be completed at a time designated by the Fire Marshal. Approved numbers or addresses measuring 4 to 6 inches in height shall be placed on the building in such a position as to be plainly Resolution No. P-02-18 Page 8 visible and legible f ~ the property. Said numbers shall contrast with their background. Address shall be required at private driveway entrances. Each chimney used in maintained with a spark arrester. with any fireplace shall be Every building hereafter ' ~ shall be accessible to fire department apparatus by way of access roadways with all-weather driving surface of not less that 16 feet of unobstructed width, with adequate roadway turning radius, capable of supporting the imposed loads of fire apparatus, and having ' ' 113 feet 6 inches of vertical The road surface type shall be approved by the City E~gineer pursuant to the City of Poway Municipal Code. Dead end access roadways in excess of 150 feet long shall be provided with approved provisions for the turning around of Fire Department apparatus. Curves and topographical conditions could alter thP. req ' for turnarounds and the width of .Cs. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system(s) shall be provided as required and approved by the Fire Marshal. A residential fire sprinkler system with a one-inch meter may be required. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (If a one-inch lateral off the street main is currently not present, one will have to be installed.) Plans of each home shall be submitted to and approved by the Department of Safety prior 1 Fire Department access for use of fire fighting equipment shall be provided to the immediate job site at the start of and maintained at all times until construction is completed. Section 5: The approval of DR 02-01 shall expire on April 30, 2004 at 5:00 p prior to that time, a Building Permit has been issued and the property in the Development Review permit h -I prior to its expiration. Section 6: Pursuant to G l Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or ~osed pursuant to this approval shall begin on April 30, 2002 Resolution No. P-02-18 Page 9 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 30th day of April 2002. Lori Anne Pd~0ples, City Clerk STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perju fy, that the foregoing Resolution No. P-02-18, was duly adopted by the City Council at a meeting of said City Council held on the 30th day of April 2002, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, REXFORD NOES: GOLDBY ABSTAIN: NONE ABSENT: CAFAGNA nne Peoples, City Clerk City of Poway M:\planning~ res.doc