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