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Item 3.1 - TPM 16-001; Two-lot subdivision in Single Fam-3 (RS-3) Zone at 14724 Pomerado RdOF PoWi�} City of Poway COUNCIL AGENDA REPORT DATE: May 7, 2019 TO: Honorable Mayor and Members of the City Council FROM: Robert Manis, Director of Development Services CONTACT: Scott Nespor, Associate Planner , 858-668-4656 or snespor(a)poway.org APPROVED ❑ APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED SUBJECT: Tentative Parcel Map 16-001; a request for approval of a two -lot subdivision located at 14724 Pomerado Road in the Residential Single Family - 3 (RS -3) zone Summary: This project is a request to subdivide a 1.02 -acre parcel at 14724 Pomerado Road into two lots. An existing residence will remain on one of the lots. The site is located on the northwest corner of Pomerado Road and Kozy Crest Lane in the Residential Single Family -3 (RS -3) zone. The project complies with all City standards. Recommended Action: It is recommended that the City Council approve Tentative Parcel Map (TPM) 16-001 subject to the conditions of approval in the Resolution included as Attachment A. Discussion: The project applicant is Robert Soto of S&S General Contractor and the property owner is The Phung Family Trust. The 1.02 -acre project site is located on the west side of Pomerado Road, between Twin Peaks Road and Ted Williams Parkway. The Twin Peaks Plaza shopping center is located across Pomerado Road to the east. The Adobe Ridge neighborhood park is located on Adobe Ridge Road northwest of the subject parcel. The existing parcel is a corner lot, with frontage on Pomerado Road and Kozy Crest Lane, The existing residence and the proposed new lot will take access from Kozy Crest Lane, which is a private road. A zoning location map is included as Attachment B. The minimum lot size in the RS -3 zone is 15,000 square feet. The applicant proposes to split the property into two parcels with the existing residence to be located on an approximate 25,000 square -foot parcel, allowing the second parcel to be 19,400 square feet. The proposed subdivision map is included as Attachment C. Necessary improvements for the subdivision will include construction of a fire hydrant at the corner of Pomerado Road and Kozy Crest Lane, street trees and irrigation along the property's frontage of Kozy Crest Lane and Pomerado Road, widening approximately 250 -feet of Kozy Crest Lane to the Private Road minimum standard of 20 -feet and the replacement of existing overhead utility lines with underground lines, resulting in the elimination of two utility poles. 1 of 14 May 7, 2019, Item #3.1 It would be preferable to locate the fire hydrant further west, up Kozy Crest Lane. However, locating the fire hydrant along Kozy Crest is not feasible for the applicant since the underlying property owner of the Kozy Crest Lane easement was not willing to grant the City an easement for a public water transmission main (Attachment D). This would have shortened the route for the homes along Kozy Crest to a fire hydrant. Instead, the fire hydrant is proposed to be placed at the corner of Kozy Crest Lane, within the Pomerado Road Public Right -of -Way. The applicant provided a noise study which concluded a noise wall will be required at the top of the building pad fronting Pomerado Road. This project feature will be required as part of the grading plan for the new residence. The General Plan identifies the subject property to be within an area of a moderate probability that an archeological site exists. The applicant provided a Cultural Resource Survey which did not identify any on-site resources on the surface of the property. However, since there are 11 recorded archeological sites within one -mile of the site, a cultural resource monitoring program will be required during any soil disturbance as a condition of approval. The proposed subdivision would be consistent with General Plan policies and standards in the Poway Municipal Code. Neighborhood Meeting Over 20 people attended a neighborhood meeting that was held on June 7, 2018. There were three recurring issues from the meeting to be noted: 1) The existing private water laterals for the Kozy Crest Lane residents are long and shallow as they extend to their meters at Pomerado Road. For many years, the neighbors have experienced repair costs and service interruptions due to damage of the lateral lines. Some residents are worried the construction of this project, including the road widening and undergrounding will further damage their water service lines. Although the applicant is aware of the location of the lines and will make an effort to protect the lines during construction, accidents during construction are possible and the project applicant will be required to repair any damage that occurs during construction. 2) Some residents of the neighborhood proposed the applicant take access for the new lot from Adobe Ridge Road. This solution is problematic for numerous reasons. The property does not have frontage on Adobe Ridge Road and an access easement would be required across a City -owned property that is already encumbered by a San Diego Gas and Electric (SDGE) easement. Significant grading would be required for the new access point. Additionally, it would not eliminate the requirement to widen Kozy Crest Lane as the existing residence would continue to have access to Kozy Crest Lane. 3) The property owner south of the subject property on Kozy Crest Lane, who owns the underlying property where the private road easement exists, claims the necessary improvements within the easement amounts to trespassing. The easement for Kozy Crest Lane is 60 -feet wide. The northerly limit of the easement is the shared property line between the subject property and the property to the south. From this 2 of 14 May 7, 2019, Item #3.1 property line, the easement extends 60 -feet into the property. Therefore, the entirety of this easement is located on the neighboring property to the south. Of the 60 -feet, the current paved portion of Kozy Crest Lane varies from 16 -feet to over 30 -feet wide. The road will only be widened where it does not meet the current 20 -foot wide standard. Since the subject property, along with other residents of Kozy Crest Lane, have rights to the 60 -foot easement for vehicular access and private utilities, the project applicant believes they have the right to make the necessary improvements to the easement related to the allowed uses of the easement. The easement does not address public utilities and the southerly property owner objected to a City water line and fire hydrant being located in the easement. Therefore, the waterline will not extend up Kozy Crest Lane and the fire hydrant will be located within Pomerado Road Right -of -Way. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 15 Categorical Exemption, pursuant to Section 15315 of the CEQA Guidelines, in that the project involves the division of land into two parcels within an urbanized area in compliance with all City codes and standards and the average slope of the property is less than 20 percent. Fiscal Impact: None. Public Notification: A public notice was published in the Poway News Chieftain and mailed to property owners and occupants located within 500 feet of the project site. Additionally, a Notice of Pending Development Application concerning the project was posted on the subject property by the Applicant. Attachments: A. Resolution approving TPM B. Zoning and Location Map C. Proposed TPM D. Letter from the Adjacent Property Owner regarding the Kozy Crest Lane Easement Reviewed/Approved By: Reviewed By: Wendy Kaserman Assistant City Manager N •• • -• �b: / Alan Fenstermacher Tina M. White City Attorney City Manager 3 of 14 May 7, 2019, Item #3.1 ATTACHMENT A RESOLUTION NO. P -19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 16-001, ASSESSOR'S PARCEL NUMBER 314-350-29 WHEREAS, Tentative Parcel Map {TPM) 16-001 was submitted by Robert Soto of S&S, General Contracting, Applicant and The Phung Family Trust, Owner, requesting a two -lot subdivision of an approximate 1.02 -acre parcel at 14724 Pomerado Road, which is developed with an existing single-family residence to remain within the Residential Single Family -3 (RS -3) zone; WHEREAS, on May 7, 2019, the City Council duly held a noticed public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 15 Categorical Exemption, pursuant to Section 15315 of the CEQA Guidelines, in that the project involves the division of land into two parcels within an urbanized area in compliance with all City codes and standards and the average slope of the property is less than 20 percent. Section 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. Seq.), TPM 16-001 are made as follows: A. That the proposed map is consistent with the objectives, policies, general land uses and programs of the General Plan in that it proposes to create two residential lots at a density that is consistent with the General Pian designations and Poway Municipal Code (PMC) standards. B. That the design or improvement of the proposed subdivision or lot division is consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC. C. That the site is physically suitable for the type of development in that the site is large enough to provide two lots meeting size standards and the existing residence will remain. D. That the site is physically suitable for the proposed density of development in that the site is large enough to provide two residential lots meeting size standards. E. That the design of the lot division is not contrary to the policy of the State legislature as stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code, or likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the project will not be impacting any native habitat. No development is proposed as a part of this project. 4 of 14 May 7, 2019, Item #3.1 Resolution No. P -19 - Page 2 F. That the design of the lot division is not likely to cause serious public health problems in that City water and sewer services are available to the site. G. That the design of the lot division will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that the lot split can occur without obstructing or otherwise impacting existing or new easements. Section 3: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements, including the construction of a new fire hydrant, 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 the project. B. In accordance with the Poway General Plan, the project and future dwelling units will require the payment of development impact fees, which are assessed on a pro -rata basis to finance public infrastructure improvements which promote a safe and healthy environment for the residents of the City. Section 4: The City Council hereby approves TPM 16-001 as shown on the approved plans on file dated received April 18, 2018 with the City, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation -related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this request shall not waive compliance with any section of the Zoning Ordinance or other applicable City ordinances in effect at the time of Building Permit issuance. C. This approval is based on the existing site conditions represented on the TPM. If actual conditions vary from representations, the TPM must be changed to reflect the actual conditions. Any changes to the approved TPM, prior to parcel map approval, must be approved by the Director of Development Services and substantial changes may require approval of the City Council. D. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. 5 of 14 May 7, 2019, Item #3.1 Resolution No. P -19 - Page 3 E. Within 30 days of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. F. Prior to parcel map recordation, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. 2. The existing two power poles fronting Parcel 2 on Kozy Crest Lane shall be removed and all overhead utility lines located underground. The existing power pole near the westerly property line of Parcel 2 shall remain. All overhead utility connections serving the existing residences and all proposed utility connections shall be relocated underground. 3. Applicant shall enter into a Private Street Maintenance Agreement for Kozy Crest Lane. If an agreement does not already exist, the owner shall enter into a covenant agreeing to participate in and not oppose a private road maintenance agreement in the future. The form and content shall be in a form satisfactory to the City Attorney. 4. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the parcel map, for the mylar reproduction of the recorded tract map shall be posted. If a mylar copy of the map is provided to the City within three months of its recordation or prior to building permit issuance, whichever comes first, the security shall then be returned (See PMC Section 16.12.060 (B) for subdivider's responsibility to provide a reproducible mylar copy to the City). 5. The applicant shall pay the drainage impact development fee in effect at the time of subdivision. Listed below is the current applicable fee: 0.45 Acres x $1,200/acre Pomerado Creek Basin = $540 6. The project requirements for fire protection call for the installation of one fire hydrant and expansion of the public water system necessary to support the installation of the hydrant. A water system analysis is required for final design of the proposed public water system expansion. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 7. A Public Improvement plan shall be submitted per Municipal Code requirements to the Department of Development Services, Engineering Division. Improvement design should be 100 percent complete at time of submittal and should include the following Public Improvements: 6 of 14 May 7, 2019, Item #3.1 Resolution No. P -19 - Page 4 a. Public water and fire hydrant improvements and related appurtenances to the public water main located in Pomerado Road. Final fire hydrant location is subject to review and approval on the improvement plans. 8. The Public Improvement plan shall be approved. The applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements and monumentation. 9. A deposit of $1100.00 per sheet of the final map for plan check is required. 10. After subdivision, both parcels will continue to be considered one project as defined by the San Diego Regional Water Quality Control Board. Any future improvements (on either parcel) adding and/or replacing impervious area may cause the project to be classified as a Priority Development Project as defined in the Poway BMP Design Manual. (Safety Services) 11. Fire apparatus access roads shall have an unobstructed, improved width of not less than 20 feet, except single-family residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 feet of unobstructed improved width. Kozy Crest Lane shall be improved to an unobstructed width of 20 feet from Pomerado Road to the westerly parcel boundary of Parcel 2. Driveway access to both parcels shall be a minimum of 16 feet of unobstructed width. All access roadways shall have an all-weather paved driving surface, a roadway interior turning radius of not less than 28 feet, an outside turning radius of not less than 45 feet, and capable of supporting the imposed loads of 75,000 -pounds with a minimum of 13 feet, 6 -inches of vertical clearance. The angle of departure and the angle of approach of a fire apparatus access roadway shall not exceed 7 -degrees (12 percent). 12. A new approved water supply and fire hydrant shall be located at the intersection of Pomerado Road and Kozy Crest Lane. The new fire hydrant shall be capable of supplying the required fire flow of 1,500GPM for fire protection. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant. (Planning) 13. Any damage to existing water service laterals caused by the applicant during construction will be the responsibility of the applicant. 14. The applicant shall provide a minimum 15 -gallon street tree with minimum 25 square feet of planting area planted at a ratio of every 30 feet of street frontage along Pomerado Road and Kozy Crest Lane with a species approved in the City adopted Street Tree Program. The appropriate irrigation shall be provided. Landscape and Irrigation plans shall be provided. Landscape and irrigation plans shall be reviewed and approved prior to installation. Once installed the property will be removed from the City's annual Weed Abatement Program. 15. The project is located within the Federal Aviation Administration (FAA) Influence 7 of 14 May 7, 2019, Item #3.1 Resolution No. P -19 - Page 5 Area 2 for Marine Corps Air Station Miramar. As such, provide appropriate exemption or mitigations requested from the FAA. 16. Provide Will -Serve letters from all serving utilities. G. Prior to final of the Grading Permit, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Upon issuance of the grading plan, applicant shall incorporate Low impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 2. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the PMC shall be submitted. 3. The grading plans shall show Kozy Crest Lane improved to an unobstructed width of 20 feet from Pomerado Road to the westerly parcel boundary of Parcel 2. The plans shall incorporate design changes to drainage along Pomerado Road at the northerly intersection with Kozy Crest Lane due to the road widening and proposed fire hydrant. 4. A drainage study addressing the impacts of the 100 -year storm event prepared by a registered Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 5. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval. A minimum cash security of $2,000 is required in all instances. 6. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 7. Following approval of the grading plans, posting of securities and fees, and receipt of five copies of the approved plans, the applicant shall attend a pre -construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. 8 of 14 May 7, 2019, Item #3.1 H Resolution No. P -19 - Page 6 (Planning) 8. A Minor Development Review Application for the new residence shall be submitted and approved. 9. The six-foot high sound wall as described in the Noise Analysis Update from Sound Solutions Acoustical Consulting shall be included as part of the Grading Plan and constructed on top of the building pad. The wall shall be constructed with decorative block and pilasters shall be provided every 50 feet. 10, The grading plans shall indicate the Pomerado Road frontage will serve as the front yard setback area. 11. Slopes shall be landscaped and irrigated per an approved landscape plan. Prior to issuance of a Building Permit unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 3. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a) Three copies of certification of line and grade for the lot, prepared by the engineer of work. b) Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 4. Prior to start of any work within a City -held easement or right-of-way, a Right -of - Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 5. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. The following is a list of the currently estimated fees due for Parcel 1: a. Water (1" Meter) $5,448 b. Sewer $5,836 C. Traffic $2,483.48 9 of 14 May 7, 2019, Item #3.1 Resolution No. P -19 - Page 7 d. Park $4,562 e. Fire Apparatus $122.03 There is also a required fee to the San Diego County Water Authority in the amount of $8,428,00 for a 1" meter. (Planning) 6. An Affordable Housing In -Lieu Fee will be required. The current rate is $500. Prior to issuance of a Building Permit unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. The private road improvements shall be completed. 3. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 4. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets caused by construction activity from this project. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.1306 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. At least three weeks prior to a request for occupancy is recommended. Section 5: The approval of TPM 16-001 shall expire on May 7, 2021, at 5:00 p.m. The parcel map conforming to this conditionally approved TPM shall be filed with the City so that the City may approve the parcel map before this approval expires, unless at least 90 days prior to the expiration of the TPM, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. Section 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 10 of 14 May 7, 2019, Item #3.1 Resolution No, P -19 - Page 8 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 7th day of May 2019. Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Faviola Medina , CMC, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. P-19- was duly adopted by the City Council at a meeting of said City Council held on the 7th day of May 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Faviola Medina, CMC, City Clerk 11 of 14 May 7, 2019, Item #3.1 ATTACHMENT B N 0 120 240 480 T Feet CITY OF POWAY Zoning 1 Location Map Item: TPM16-001 12 of 14 May 7, 2019, Item #3.1 HORIZONTAL CONTROL DETAIL r TENTATIVE PARCEL MAP - PHUNG PROPERTY - '- � C SZTECHMILER APN 315-350-03 '� '" •' ADOBE RIDGE ROAD IiA _ E e�]]se e� /• - - o v m m TYPICAL SECTION - POMERADO ROAD M Txg SURUEV Tp LpCATEUNCERGRGlR.OIIIINES. IAFwTCxBpF UrEFRGRGUNR urErtlfSUAv vAm FRpul9GAr,prL yiW+NHEREQv. 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TouN g E. ,. ]o- L &PlATpx99nawx nEMA]E EAeEUGx GE nAAPAg ­sxcocv caa: oArixnp"� aeE ' aservfoAepvERrn.iR�wrr uxENA,eM]rldrRUcrURB Assxowx xEpEp,ANF EWONioE.arPLENEmsowINFLRUATEwrsnpvmpi m PLAxSPRpvnERT0 rxE 9UN+EYOR NO EMLAYATIdl9wERE NAOEwwrvG,fE o v m m TYPICAL SECTION - POMERADO ROAD M Txg SURUEV Tp LpCATEUNCERGRGlR.OIIIINES. IAFwTCxBpF UrEFRGRGUNR urErtlfSUAv vAm FRpul9GAr,prL yiW+NHEREQv. AWn,pxiA rmUFJgNVUrp UTILrtES rMY n,nw xnmxvAruEs SURVEYOR'S STATEMENT wE9TErav NALF.vnunevnNle9 a a.00L a I Frrr------1Yx,F LwETO V f5_ i 1W� FAf� G�NEg I rECNF�N 6 FRS>ENLrrwL.AvmNs, nc nm' 1 CENrt1umE ]p FACEpf CiRF3 �ri1m ` I Twsuir ccrmECTLYREmESEr.*sAsumEr INNOE erriEaRUFnEN nrr 9wEarlpx IN caF,ForcAaucEwlrNTiE RFooIFEAEsir9 pFrwF FROFE591diLLkAnG9uMEYpRS ALT, trYM,e vL9 mLe NOTES RpPERtt rg GUrSIpEINEa]1LAhnIRt CTer+� RVORRNM. ISrpG mxIxGGF1Xe sue]Ecr vEaERrr w Nsa rXF wiePosfouef L ENE91oE]iCEd 1, E%IsrlNc 9fR e, Fu,ur+E sn Nr LdY� � mixes �o� usLE pMn nEwTPrt ro FNGsux wxmoLwlw,N,mus pPpsEa wwlGVEAr•nrs. ABBREVIATED LEGAL DESCRIPTION APCNlgxaFLCT,3pFTRAer'A' fh Pd-nv, Ix,xE GrrvpF FO%MY. COLxTYpF SAr,PEGq NTATE DF GLFGRIVFL�fegpax�TO WPTXEPE-0F nd. L]e FnfV M nF: Lss CF pF,HE CGUNry RE rAEGOGWNTv qI WYl. rEm.v3 on xovFmsExid m�is000 camFoaa�m�.s a'�"FRer �iomEcaXOFN OWNER'S STATEMENT wENEPFEYAVniORV ETxF SLI®MCEHTp9rBMTTxSrE,nArvEPu,CEL4LP YOTXECI,Y GF wwAY, Y0.U91[E9anrXE PrExG FFMLYTRubTOAIEC FfENfMv x,xa ---Nyi FPF Y uN cuw- N - I - Q��� dNp aaILo- > Ijn�ZC �uj uUm� �.. Ilar, # z E,Or� ell 0.Q LL ft; e,an LU N I 3 FmF nvmtw, 1 t s,dc R.cFrvRo mlm APR IS 2m 2 m Z y March 11, 2017 The Phung and Dinh Families 14724 Pomerado Rd Poway, CA 92064 Dear Phung and Dinh Families, ATTACHMENT D mcoVED iAAR 14 2017 DEVELOPMENT aSEF4 'r On behalf of Janina Sztechmiler, the owner of the front section of Kozy Crest Lane, we are writing to inform you of the decision regarding the easement. Mrs. Sztechmiler is DENYING the request for a public water main easement. We have talked to the residents of Kozy Crest Lane and the majority of the families do not want to make any part of Kozy Crest public. It has always been, since the beginning private and will stay private. In your letter you to Mrs. Sztechmiler, you wanted an answer by March 29, 2017 and if you didn't hear from her by that date "you would assume Mrs. Sztechmiler was denying the request". According to the City of Poway she must respond to every request in writing. You should check with your source on the correct way these issues should be responded too. To reaffirm Mrs. Sztechmiler is telling you NO, she will not allow the public water main easement on her property. Cordiall �Z Lorraine and Jamie Grover On behalf of Janina Sztechmiler 14706 Pomerado Rd. Poway, CA 92064 Cc: Development Services Department City of Poway 14 of 14 May 7, 2019, Item #3.1