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Res P-05-79 RESOLUTION NO. P-05- 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE TRACT MAP (TTM) 04-03, DEVELOPMENT REVIEW 05-10 AND VARIANCE 05-12 ASSESSOR'S PARCEL NUMBERs 314-241-15,16 AND 17 WHEREAS, a request submitted by the Crook Family Trust to subdivide a 3.5- acre property located in the 13600 block of Somerset Road, along the north side of the street, into 16 residential lots. The application also requests approval to construct 9 single-family homes on the vacant subdivided lots and a Variance approval request to allow portions of the existing residences and carports on the site to encroach into the required 18-foot front yard and 5-/10-foot side yard setbacks. The property is zoned Residential Single-Family 7(RS-7); 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; and WHEREAS, on December 6, 2005, the City Council held a public hearing on the above-referenced item. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for TTM 04-03, DR 05-10 and Variance 05-12. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program. Section 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.), for TTM 04-03 are made as follows: A. The Tentative Tract Map is consistent with the General Plan in that it proposes to create 16 residential lots at densities consistent with the General Plan. Resolution No. P-05- 79 Page 2 B. The design and improvements required of the Tentative Tract Map are consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards for the Residential Single-Family 7 zone. C. The site is physically suitable for the type of development and the density proposed in that the site is large enough to provide 16 residential lots, with dimensions that are in keeping with the General Plan and Zoning Ordinance standards. D. The design of the Tentative Tract Map is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife, or their habitat, in that the site is partially developed with existing residences and has been completely disturbed. E. The Tentative Tract Map is not likely to cause serious public health problems as existing City water mains and sewer will provide service to the new development. F. The design of the Tentative Tract Map will not conflict with any easement by the public at large, now of record, for access through or use of the property within the proposed subdivision. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code, to approve Development Review 05-10 to allow the construction of 9 new single- family homes on the vacant subdivided lots of TTM 04-03, as shown on the concept building plans date stamped September 23, 2005, are made as follows: A. That the approved project is consistent with the General Plan as it proposes the construction of 9 residences that have been designed to comply with City development standards, on property designated for residential development. Therefore, the proposed use respects the interdependence of land values and aesthetics to the benefit of the City; and B. That the approved project will not have an adverse affect on the aesthetics, health, safety, or architecturally related impact upon adjoining properties, as the 9 residences have been designed to comply with City development standards and will be compatible with surrounding residential development. Therefore, the proposed design, size, and scale of the project is compatible with and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources; and C. That the granting of the Development Review Application would not be materially detrimental to the public health, safety, or welfare since the proposed use will complete improvements as deemed necessary; and Resolution No. P-05-79 Page 3 D. That the approved development encourages the orderly and harmonious appearance of structures and property within the City as the neighboring properties consist of single-family residential lots. Therefore, the proposed development respects the public concerns for the aesthetics of development; and E. That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan; and F. That the proposed development will comply with each of the applicable provisions of the Zoning Ordinance and the General Plan. Section 4: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 05-12 to allow portions of the existing residences and carports on the site to encroach into the required 18-foot front yard setback and into the required 5-/10-foot side yard setbacks, are made as follows: A. That there are special circumstances applicable to the property and because of this, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The special circumstances include the fact that the Variance will sanction setbacks on existing, permitted homes that pre-date the City Zoning Ordinance. B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and not afforded to the property for which the Variance is sought because the existing homes and carports are in character with other homes in the neighborhood; and, C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the neighborhood; and, D. That the granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that the existing homes and carports are in character with other homes in the neighborhood; and, E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the RS-7 zone because single-family homes and accessory structures are a permitted use in this zone; and F. That the proposed Variance will be compatible with the City's General Plan because the use is permitted and does not result in a density increase. Resolution No. P-05-79 Page 4 Section 5: The findings, in accordance with Government Code Section 66020 for the public improvements, are made as follows: A. 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 the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety, and welfare as identified below: 1. Public waterline and sewer main, and access easement(s) over, along and across the entire proposed private street from poway Road to and including the subdivision. In addition, should the fire hydrants be located outside this area, an additional water line easement, a minimum of 20 feet wide shall also be dedicated. Section 6: The City Council hereby approves TTM 04-03, DR 05-10 and Variance 05- 12, to subdivide a 3.5-acre property located in the 13600 block of Somerset Road, along the north side of the street, into 16 residential lots; allow the construction of 9 single- family homes on the vacant subdivided lots and a Variance approval to allow portions of the existing residences and carports on the site to encroach into the required 18-foot front yard and 5-/10-foot side yard setbacks as shown on the Tentative Tract Map and building plans dated September 23, 2005, subject to the following conditions: TTM 04-03 A. Approval of this request shall not waive compliance with any sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. This approval is based on the existing site conditions represented on the approved Tentative Tract Map. If actual conditions vary from representations, the approved map must be changed to reflect the actual conditions. Any substantial changes to the approved Tentative Tract Map, prior to Tract Map approval, must be approved by the Director of Development Services and may require approval of the City Council. C. Pursuant to Section 66474.9 (b) of the State Government Code, the subdivider shall defend, indemnify, and hold harmless the local agency or its agents, officers, and employees from any claim, action or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided in Section 66499.37 of the State Government Code. The City of Poway shall promptly notify the subdivider of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify Resolution No. P-05-79 Page 5 the subdivider of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. D. Within thirty (30) days after City Council approval of the Tentative Tract Map, the applicant shall submit in writing to the City that all Conditions of Approval have been read and understood. E. Within thirty (30) days after City Council approval of the Tentative Tract Map, the applicant shall make a reservation with the Engineering Division for a sewer Letter of Availability (LOA) for nine Equivalent Dwelling Units (EDU) and post with the City a non-refundable sewer connection fee of $4,240.80. This amount represents twenty percent (20%) of the sewer connection fee. F. Within thirty (30) days after City Council approval of the Final Tract Map, the applicant shall post with the City an additional 30% sewer connection fee of $6,361.20. The remaining balance of the sewer connection fee, in the amount of $10,602, shall be paid prior to Building Permit issuance. G. The developer is required to comply with the Poway Noise Ordinance and Grading Ordinance requirements that govern construction activity and noise levels. H. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Submittal of a tract map to the City for review and approval. The tract map shall conform to City standards and procedures, the City Subdivision Ordinance, the Subdivision Map Act, the Land Surveyors Act, the Resolution, as approved by the City Council, and shall be in substantial conformance with the approved Tentative Tract Map. Appropriate map review fees shall be paid at the time of submittal. 2. Post a cash deposit to the City, an amount equivalent to $100.00 per sheet of the tract map, for the photo mylar reproduction of the recorded tract map. If applicant provides the City with the photo mylar copy of the recorded parcel map within 3 months from recordation or prior to Building Permit issuance for any parcel, whichever comes first, said cash deposit shall thereafter be refunded to the depositor. Otherwise, it shall be used by the City to pay for the reproduction of a photo mylar copy. Resolution No. P-05- 79 Page 6 3. The Final Tract Map shall conform to City standards and procedures, the City Subdivision Ordinance, the Subdivision Map Act, and the Land Surveyors Act. 4. Easements and/or right-of-way dedications to the City within the limits of the subdivision shall be made on the Final Tract Map. Water and sewer mains and their appurtenances to be installed at locations other than within public streets shall have an easement, a minimum of 20 feet wide for each line, dedicated to the City. 5. Easements shall be provided for all existing and proposed utilities, emergency vehicular accesses and drainage facilities located on private property. The applicant shall create easement(s) in favor of the City for the private street (Lot A) to have vehicle access, utility access and emergency access. 6. All existing and proposed easements (including, but not limited to, non- access easements) shall be shown on the improvement plans and the Final Tract Map. Existing and proposed easements shall be distinguished on the improvement plans. 7. Closure calculations for all easements, except Public Utility Easements (PUE) adjacent and parallel to the streets, shall be submitted to the City Engineer with the Final Tract Map for review and approval. 8. A Monumentation Bond, in an amount acceptable to the City Engineer, shall be posted. 9. Subdivision street improvement plans shall be submitted to the Engineering Division for review and approval prior to approval of the Final Tract Map, prior to issuance of a Building Permit and prior to the start of any improvement work for the project. All work shall be in compliance with City-approved plans. The improvement plans shall include: a. The private street improvements shall be improved to a minimum roadway width of 28 feet within a 38-foot right-of-way. The street cul-de-sac shall be improved to a minimum roadway diameter of 76 feet (curb to curb dimension). b. The full width of all new and existing street rights-of-way shall designate their respective centerlines, medians and lane limits, and traffic signage and striping. Existing and proposed traffic controls shall be distinguished on the improvement plans. Resolution No. P-05-79 Page 7 c. Identification of streets as public or private, and proposed locations of on-street parking for City review and approval. d. All existing curb returns that do not meet current applicable federal and state access requirements, shall be removed and replaced with curb returns that do meet such requirements. e. The size of all existing and proposed mechanical and utility appurtenances, including, but not limited to, power and telephone equipment, vaults, meters and transformers, and sewer, water and storm drain pump houses. f. The grades of surrounding properties sufficient enough to determine affects of improvements on surrounding properties. g. The agency(s) having jurisdiction of the watercourse and flood control. 10. The improvement plans shall demonstrate that Lot A does not have sight distance obstructions along the front of the lot and for a distance of 50' along the street property sideline, commencing at the extension of the front yard curb face and proceeding towards the back of the lot. Landscaping, signs, embankments, utility appurtenances, or any other object shall not obstruct sight distance. 11. The improvement plans shall include installation of streetlights of the type and illumination necessary to provide adequate vehicular traffic and pedestrian circulation safety. Streetlight types and models shall be reviewed and approved by the City Engineer. 12. Pavement design shall be submitted with the improvement plans. Final pavement structural sections shall be based on the established Traffic Indexes and R-Values obtained within the graded roadways of the site. 13. Improvement plans for the public water and sewer mains shall be submitted to the City for review and approval. The submittal shall include appropriate fees for the improvement plan check and inspection. The plans shall include the following: a. The size and location of the water lines shall be that as established by a water system analysis prepared by an engineering firm designated and approved by the City. The applicant/developer shall pay to the City the cost of preparing the analysis. Resolution No. P-05- 79 Page 8 b. Sewer main lines and appurtenances shall be designed to City's standards and specifications. Separate sewer laterals shall be provided for each lot in the subdivision. The applicant/developer shall bear the full cost of designing and installing these improvements, and is not entitled to any reimbursement from the City. 14. The applicant shall execute a Standard Agreement for the Construction of Public Improvements, posting of securities (performance, payment, and monumentation) and submittal of insurance certificates for liability and workmen's compensation coverage. 15. In accordance with the Poway Municipal Code, Section 12.20.060, a Private Road Maintenance Agreement, in a form satisfactory to the City Attorney, shall be executed by the property owner for the following: a. The new private road and common landscape area identified as Lot A. b. The privately maintained portion of Somerset Road between the eastern boundary of the subdivision and westerly to the point where the road joins a public road. The applicant shall provide to the City a legal description and plat map for this agreement. (Planning) 16. A copy of the subdivision CC&Rs shall be submitted to the Development Services - Planning Division for review and approval by the City Attorney. 17. The side property lines of Lot 15 shall be modified so that the average lot depth is a minimum of 80 feet. 18. Existing overhead utility service shall be underground to the satisfaction of the Director of Development Services. The developer shall schedule a pre-design meeting to discuss how the undergrounding will be accomplished. (Public Works) 19. The project shall be annexed into Landscape Maintenance District 83-1A, to the satisfaction of the Director of Public Works. Resolution No. P-05-79 Page 9 I. Prior to the issuance of a Grading Permit, unless other timing is indicated, the following conditions shall be complied with: 1. A grading plan is required for development of the lots, and shall be prepared on mylar at a scale of 1"=20', and submitted to the Development Services Department - Engineering Division for review and approval. As a minimum, the grading plan shall show the following: a. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from open space areas and property lines. Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to issuance of a Grading Permit. b. Driveways, in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. c. A separate erosion control plan for prevention of sediment run-off during construction. d. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon any easement without an approved Encroachment Agreement/Permit. e. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. f. Utilities that are to be abandoned, removed, filled with suitable material and/or capped, to the approval of the applicable utility agency and to the approval of the City Engineer. g. The existing drainage way alignment fronting the subdivision along Somerset Road. h. New underground storm drain system. 2. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. An independent geotechnical engineer, who is retained by the City at the applicant's expense, shall review the geotechnical report. Resolution No. P-05- 79 Page 10 The grading plan shall conform to the recommendations of the applicant's geotechnical engineer, as well as those of the independent geotechnical review. 3. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the subdivision and all surface water flowing onto the subdivision from adjacent lands. Said system shall include all easements required to properly handle the drainage. Concentrated flows across driveways are not permitted. 4. The Grading Permit submittal shall include documentation confirming that the existing facility systems (water, sewer, storm drain) that will be utilized are of adequate capacity to accommodate the proposed development. 5. Pad elevations shown on the grading plan shall not increase by more than two feet in height from the elevations shown on the approved tentative map, unless otherwise approved by the City Council. 6. The grading plan shall demonstrate that the subdivision complies with the City's Standard Urban Stormwater Mitigation (SUSMP) Plan Ordinance. 7. The property owner shall file with the State Regional Water Quality Control Board a Notice of Intent (NOI) of coverage under the statewide General Permit that covers storm water discharges. Proof of filing of the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department - Engineering Division prior to issuance of a Grading or Building Permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 8. The property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a de- silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a 10-year, 6-hour storm event; a material storage site; measures to protect construction material from being exposed to storm water control; and other means of Best Management Practices to effectively eliminate pollutants from entering the Resolution No. P-05- 79 Page 11 storm drain system. The engineer shall certify the SWPPP prior to issuance of the Grading Permit. 9. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained throughout construction of the project. The applicant shall make provisions to insure proper maintenance of all erosion control devices. 10. Grading securities, in the form of a performance bond and cash deposit, or a letter of credit shall be approved and posted with the City. 11. A Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held easements. 12. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. The driveway construction costs shall be included in the cost estimates for plan checking and determination of inspection fees. 13. The applicant shall submit a request for and then SUbsequently hold a pre- construction meeting with a City Engineering Inspector. The applicant/developer shall be responsible that necessary individuals, such as, but not limited to, contractors, subcontractors, project civil engineer and project soils engineer must attend the pre-construction meeting. At the pre-construction meeting, an Action Plan shall be presented that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for erosion control can be provided using one or more of the following guidelines: a. Provide an onsite de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Cover all flat areas with an approved mulch. c. Install an earthen or gravel bag berm that retains 3 inches of water over all flat areas prior to discharge, effectively creating a de-silting basin from the pad. 14. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. As a minimum, all protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. Resolution No. P-05-79 Page 12 15. Non-supervised or non-engineered fill is not allowed. Rock disposal areas shall be graded in compliance with City-approved soils recommendations and the approved grading plans. 16. Prior to rock blasting, a Pre-Blast Survey of the surrounding properties shall be conducted to the satisfaction of the Director of Development Services, and a Blasting Permit shall be obtained from the Engineering Division. Seismic recordings shall be taken for all blasting. Blasting shall occur only at locations and levels approved by the Director of Development Services. (Planning) 17. Locations of all utility boxes, clearly identified on the grading plans in coordination with the respective utility companies, and approved by the City, prior to any installation work. All proposed utility facilities more than 36 inches in height and located within or immediately adjacent to the public right-of-way are required to be sited to minimize visibility and screened through the installation of landscaping. 18. All manufactured slopes of 5: 1 or greater, shall be planted and irrigated to the satisfaction of the Director of Development Services. A landscaping plan shall be submitted to the Planning Division for review and approval pursuant to the City of Poway Guide to Landscape Requirements. 19. A Building Permit shall be obtained for demolition of the residence that is proposed for removal within proposed Lot A. 20. The existing detached shed/workshop shown within the limits of proposed Lots 6 and 10 shall be removed/relocated. 21. Prior to Grading Permit, Administrative Clearing Permit, or Improvement Plan approval, whichever comes first: a. A Tree Removal Permit application pursuant to Chapter 12.32 of the Poway Municipal Code, shall be submitted and approved prior to the removal of any trees. Trees shall be retained wherever possible. Any tree approved for removal shall be replaced to the Satisfaction of the Director of Development Services. DR 05-10 and Variance 05-12 J. Prior to issuance of a Building Permit, unless other timing is indicated, the following conditions shall be complied with. Resolution No. P-05- 79 Page 13 1. Approval of this request shall not waive compliance with the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Grading and Building Permit issuance. (Engineering) 2. The Final Map for Tentative Tract Map 04-03 shall be recorded and a photo mylar copy of the final map shall be provided to the Engineering Division. 3. The site shall be developed in accordance with the approved site plans, floor plans and elevations on file, dated September 23, 2005, 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. 4. Rough grading of the lots is to be completed and meet the approval of the City Inspector and shall include submittal of the following: a. A certification of line and grade for each lot, prepared by the engineer of work. b. A final soil compaction report for each lot for review and approval by the City. 5. Prior to delivery of combustible building materials, on-site water and sewer systems shall satisfactorily pass all required tests. 6. The applicant shall pay development fees to the City, unless other payee is indicated. The fees and the corresponding amounts are as follows and are subject to change without further notice. The amounts to be paid shall be those in effect at time of payment. Water (each lot): Meter Expansion Fee Service Line SDCWA Capacity** SDCWA Water Treatment Capacity** % inch $ 130 $3,710 $1,430 $3,985 $ 153 1 inch* $ 270 $6,678 $1,430 $6,376 $ 245 *If a 1" meter is required due to fire sprinklers, then %" fees will apply **To be paid by separate check, payable to the SDCWA. Resolution No. P-05-79 Page 14 Sewer connection fee = $10,602.00 This amount represents 50% payment, assuming that 20% payment was posted at reservation of sewer LOA and 30% payment was posted within 30 days after final map approval. Sewer cleanout fee Sewer cleanout inspection fee Traffic mitigation fee = Drainage fee = Park fee = = $50.00 per c1eanout = $25.00 per cleanout 9 lots x $660.00 = $5,940.00 9 lots x $1,570.00 = $14,130.00 9 lots x $2,720.00 = $24,480.00 (Planning) 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) 679-2570. 8. Affordable housing fees shall be paid at the issuance of Building Permit for eight of the lots where a new house is being constructed, pursuant to Section 17.26.100 of the Poway Municipal Code. The project will ultimately result in 16 dwelling units when presently 8 dwellings exists on the site. Therefore, Affordable Housing Fees are payable on the 8-net additional residential units. 9. The color(s) of the exterior building materials and roof material shall be identified on the building plans and a sample of the colors shall be provided to the Planning Division for review and approval. The colors shall reflect muted tones to the satisfaction of the Director of the Development Services Department. 10. The maximum height of any wall or fence, including pilaster height shall not exceed 6 feet (poway Municipal Code Section 17.08.240). Solid fencing within the front yard setback area shall not exceed 4-feet in height. Building plans shall be revised to conform to these requirements. 11. All existing and proposed overhead utilities shall be undergrounded. A note shall be added to the building plans to that effect. 12. Submit landscape and irrigation plans to the Planning Division for review and approval. A landscape plan check review fee is required at the time of initial submittal of the plans. The plans shall be prepared pursuant to the City of Poway Guide to Landscape Requirements. The plans should address the following: Resolution No. P-05- 79 Page 15 a. All created and existing Slopes of 5:1 or greater shall be planted and irrigated with a varied palate of trees, shrubs, and ground cover. b. Street trees shall be provided in accordance with requirements listed in the City of Poway Guide to Landscape Requirements. c. On-site trees, including street trees, shall be installed and irrigated. Two street trees, a minimum of 15-gallon size or larger, shall be provided in accordance with the City of Poway Guide to Landscape Requirements and shall be planted along the new access street adjacent to the right-of-way. An automatic irrigation system shall be provided to serve the street trees. The proposed location of the required street trees and species shall be shown on the building plans (site plan) for the project. d. The landscape plans shall note the following: 1. Side and rear lot fencing having a minimum height of 6-feet shall be installed on each lot. 2. A masonry buffer wall shall be constructed along the rear property lines of Lot 1 - 6. e. The building plans/floor plans shall note that the minimum inside dimension of the garage will be 20' x 20' clear. f. The building plans/site plans shall clearly note the maximum paved area that occurs within the front yard setback. The Poway Municipal Code requires that the paving within the front yard setback not exceed 50%. (Fire Safety Services) 13. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504, UBC Standard 15-2, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 14. 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. 15. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. Resolution No. P-05-79 Page 16 16. Dead-end fire apparatus access roadways in excess of 150 feet shall be provided with approved provisions for the turning around of emergency apparatus. A 76' diameter cul-de-sac or hammerhead will be required. 17. 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 Division Chief. 18. Residences may be required to be fire sprinklered. In the event fire sprinklers are required, a residential fire sprinkler system with a one-inch meter will 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.) 19. Fire hydrants shall be required as a condition of this project. A water systems analysis shall be required to verify required fire flow for fire protection purposes. Cost of analysis shall be paid by the applicant/developer prior to submittal of improvement plans. Installation of fire hydrant/s shall be completed at a time designated by the Fire Marshal. 20. Prior to delivery of combustible building materials on-site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. K. The applicant shall comply with the following conditions prior to issuance of a Certificate of Occupancy: (Engineering) 1. Driveways, drainage facilities, slope landscaping and protection measures, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. Driveways shall be constructed in accordance with Poway Municipal Code, Section 17.08.170D, and its structural section shall be shown on the grading plan. 2. Pavement shall be constructed in at least two lifts. The second lift shall be placed after all other subdivision improvement construction is completed and building construction is substantially complete, as determined by the City's project inspector. The final pavement surface shall be free of gouges, patches, diesel spills, or other defects to the satisfaction of the City Engineer prior issuance of an Occupancy Permit, prior to Resolution No. P-05-79 Page 17 acknowledgement of completion and prior to final acceptance of subdivision improvements. 3. Trenches cut through the pavement of public streets shall be fully repaired to the satisfaction of the City Engineer. The limits and details of trench restoration shall be included on the improvement plans. Any street moratorium already established or established prior to commencement of trenching shall be observed. The City Engineer retains the right to require street repair to include the grinding and overlay of existing pavement for the full street width within the vicinity of any trenching in order to maintain the pavement integrity. 4. An adequate drainage system around each building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 5. The applicant shall install "No Parking Fire Lane" signs along the private street to the approval of the City Engineer. Applicant shall comply with applicable PFPD parking prohibitions. 6. A "No Parking" zone shall be established and signed along the westerly 100 feet of the Somerset Road frontage of the property, east of the proposed new access street. 7. The applicant shall record a Maintenance Agreement for maintenance of the Best Management Practices devices as required by the Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance. 8. All damaged off-site and on-site public works facilities shall be repaired and replaced prior to exoneration of securities, to the satisfaction of the Director of Development Services. 9. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to the public and private road improvements caused by construction activity from this project. 10. Record drawings for grading plans, 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 to issuance of occupancy and the release of grading securities. Resolution No. P-05- 79 Page 18 (Planning) 11. All manufactured slopes of greater than 5: 1 slope shall be planted and irrigated. In accordance with the poway General Plan and the City of Poway Guide to Landscape Requirements, the street trees required along the frontage of the subject lots on the new private access street shall be planted and irrigated. 12. Rear and side yard fencing, having a minimum height of 5 feet and not exceeding 6 feet, shall be installed. Section 7: The approval of Tentative Tract Map 04-03, DR 05-10 and Variance 05-12 shall expire on December 6, 2007, at 5:00 p.m. The Final Map conforming to this conditionally approved Tentative Tract Map shall be filed with the City, so that the City may approve the Final Map before this approval expires, unless, at least 90 days prior to the expiration of the Tentative Tract Map, 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 8: 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 December 6, 2005. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 6th day of December 2005. ATTEST: (K L. Diane Shea, City Clerk Resolution No. P-05-79 Page 19 STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P-05- 79 was duly adopted by the City Council at a meeting of said City Council held on the 6th day of December 2005 and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE fl~~~ City of Poway Resolution No. P-05- 79 Page 20 EXHIBIT A MITIGATION MONITORING PROGRAM FOR TENTATIVE TRACT MAP 04-03, DR 05-10 AND VARIANCE 05-12 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This mitigation monitoring program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Topic Mitigation Measure Timing Responsibility Traffic a. A "No Parking" zone shall be Prior to Applicant established and signed along the Occupancy westerly 100 feet of the Somerset Street Approval frontage of the property. M:\planning\05report\ttm\ttm 04-03 Var 05-12 and DR 05-10 crook family trus~reso.doc