Res P-02-51
RESOLUTION NO. P-02-51
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 02-14
ASSESSOR'S PARCEL NUMBERS: 317-501-09 and 10
WHEREAS, DR 02-14, submitted by Neilsen Development, Applicant, requests the
approval of a Development Review application to construct 13 single-family residences,
pursuant to Tentative Tract Map 01-01, on 3.5 acres located at the southwest corner of Oak
Knoll Road and Carriage Road in the Residential Single Family-7 (RS-7) zone; and
WHEREAS, on August 20, 2002, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as 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 01-01 on August 14, 2001. The project is within the scope of the prior
environmental document; therefore, no additional environmental review or notice is
necessary.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
for DR 02-14 are made as follows:
A. The project is consistent with the Poway General Plan in that the project involves
the construction of 13 single-family residences on 3.5 acres of land, yielding an
overall project density of3.7 units per acre, which is an allowable project density for
the site, based on its RS-7 land use designation.
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project's infrastructure improvements, grading, and
home construction are in full compliance with all City development standards.
C. That the project is in compliance with the Zoning and Grading Ordinances in that the
project complies with all City development standards of the RS-7 zone, including
those relating to building setbacks, building heights, lot coverage, and all City
grading requirements.
D. That the development encourages the orderly and harmonious appearance of
structures and property within the City as the surrounding properties consist of
single-family residences.
Section 3: The findings, pursuant to Government Code Section 66020 for the public
improvements for DR 02-14, are to be made as follows:
-
Resolution No. P-02-51
Page 2
The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City ordinances, because all necessary
services and facilities will be available to serve this project. The payment of fees toward
public improvements is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below:
1. The project requires payment of drainage, park, affordable housing, and
traffic mitigation fees, which are assessed on a pro-rata basis to finance and
provide public infrastructure improvements to promote a safe and healthy
environment for the residents of the City.
Section 4: The City Council hereby approves DR 02-14 to construct 13 single-family
residences, pursuant to Tentative Tract Map 01-01, on 3.5 acres located at the southwest
corner of Oak Knoll Road and Carriage Road in the RS-7 zone, as shown on the plans
dated July 9, 2002, subject to the following conditions:
A. Approval of DR 02-14 shall apply only to the subject project, and 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.
B. 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.
C. The conditions of DR 02-14 shall remain in effect for the life of the subject
residences and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. DR 02-14 is subject to all Conditions of Approval established for TTM 01-01 under
City Council Resolution P-01-41.
E. No Building Permits shall be issued until the recordation of the Final Map for
TTM 01-01.
F. Prior to construction the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
2. 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.
3. Building plans for the project shall be modified to reflect the changes noted
below:
-
Resolution No. P-02-51
Page 3
a. Stated scale on the plans shall be corrected to reflect the accurate
scale.
b. The developer shall evaluate the potential for the installation of
additional windows in the living areas of the dwelling units. Additional
windows shall be provided and shown on the plans to the satisfaction
of the Director of Development Services.
c. Proposed second story balconies on the front and rear sides of the
dwelling units shall be designed with open materials (I.e., railing,
columns, etc.) to allow for the circulation of air, to promote cooling.
d. Recessed and/or projecting architectural elements (Le" recessed
garages, windows, etc.) shall be noted on the plans, and shall not be
less than 3 inches.
4. The building plans shall depict the specific exterior building colors and
materials consistent with the project plans dated July 9, 2002, and project
materials sample board.
5. The locations of any new utility boxes over 3 feet in height shall be noted on
the plans, and screening shall be provided to the satisfaction of the Director
of Development Services.
6. Affordable housing in-lieu fees, pursuant to Section 17.26.100 of the Poway
Municipal Code, shall be paid prior to the issuance of Building Permits.
7. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 748-0010, extension 2089.
8. The maximum height of any wall or fence shall not exceed the height
limitations identified in the Poway Municipal Code.
G. The following improvements shall be constructed to the satisfaction of the City Fire
Marshal:
1. Roof covering shall be fire retardant as per Uniform Building Code (UBC)
Section 1503 and 1504, UBC Standard 15-2, and City of Poway Ordinance
No. 64 and its amended Ordinance No. 526.
2. 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 visible and legible
from the street fronting the property. Said numbers shall contrast with their
background. Address shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester. -
Resolution No. P- 02-51
Page 4
H. Prior to the City's approval for occupancy and release of securities, unless other
timing is indicated, the following conditions shall be satisfied:
1. Completion of public improvements.
2. City approval of record drawings of the grading and improvement plans.
3. Posting of a warranty bond for the public improvements.
4. Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
5. Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements.
6. Payment securities and remaining performance securities, if any, shall be
released no sooner than 90 days after City's acceptance of improvements,
posting of warranty security, and approval of record drawings.
7. 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. .
Section 5: The approval of DR 02-14 shall expire on August 20, 2004 at 5:00 p,m.
unless. prior to that time, a Building Permit has been issued and construction on the
property in reliance on the Development Review permit has commenced prior to its
expiration.
Section 6: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on August 21, 2002.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 20th day of August 2002.
ATTEST:
,-- .n . n ~
'* 8'\Â-' ÅAA. J ~ ~L
Loo '1nne Peoples, City Clerk -
Resolution No. P-O2-51
Page 5
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 perjury, that the foregoing Resolution No. P- 02-51 , was duly adopted by the
City Council at a meeting of said City Council held on the 20th day of August 2002, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA, ë3R. . I \'\
, ffiÁ n~~~~~
Lori ~nne Peoples, City Clerk
City of Poway
-