Res P-06-54
RESOLUTION NO. P-06-54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION,
TENTATIVE TRACT MAP (TTM) 05-02 AND
VARIANCE 06-10
ASSESSOR'S PARCEL NUMBER 314-194-62
WHEREAS, a request for a Tentative Tract Map (TTM) 05-02 and Variance
(VAR) 06-10 were submitted by Norwalk VII, LLC to subdivide a 2.01-acre parcel into
seven (7) residential lots ranging in size from 10,000 square feet to 15,000 square feet,
and to allow a fence and retaining wall combination along the east property line to
measure up to 9 feet in height, where 6 feet is the maximum allowed; and
WHEREAS, on November 14, 2006, the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con, and 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;
and
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 Tentative Tract Map 05-02 and Variance
06-10. 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 Tentative Tract Map 05-02, are made as
follows:
A. The Tentative Tract Map is consistent with the General Plan in that it proposes to
create seven (7) residential parcels at densities consistent with the General Plan
and Poway Municipal Code (PM C) designations.
B. The design and improvements required of the Tentative Tract Map are consistent
with all applicable General and Specific Plans in that the approved lot sizes and
Resolution No. P-06-54
Page 2
configurations adhere to the development standards of the General Plan and
Poway Municipal Code.
C. The site is physically suitable for the type of development and the density
proposed, in that the site is large enough to provide seven lots of regular shape
and dimension, and has access to a public street, Norwalk Street.
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 project is an in-fill project on a previously disturbed property.
E. The approval is not likely to cause serious public health problems, in that City
water and sewer service are available to the site.
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
subdivision, in that the development of a single-family residence on the proposed
new lots can be accommodated without obstructing or otherwise impacting
existing easements.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code, to approve Variance 06-10 to allow a fence and retaining wall
combination along the east property line to measure up to 9 feet in height, where 6 feet
is the ma,ximum allowed, 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 elevation of
the subject property is higher than the adjacent property to the east necessitating
a 1 to 3-foot retaining wall along the common property line on which the
perimeter fencing will be attached.
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
properties in the area have fences along the property line; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed fence will be constructed of
materials appropriate to existing fencing in the residential area; 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 because
properties in the area have 5 and 6-foot-high fences along the property line,
which is the height required for a swimming pool; and,
Resolution No. P-06-54
Page 3
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized in that single-family homes are a permitted use in the RS-4 zone, and
side and rear yard fencing is permitted 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.
Section 4: 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 access roadway improvements, such as dedication of rights-of-way,
curb, gutter, and sidewalk on Norwalk Street will be constructed to
accommodate the project traffic.
2. On-site drainage improvements will be constructed to handle the surface
water runoff and meet SUSMP requirements for water quality.
3. Water and sewer fees will be paid. On-site and off-site improvements will
be made to provide water and sewer service to the development.
4. Access to the site will be provided, in accordance with City private
roadway standards, to ensure adequate emergency access.
5. A street light will be installed at the intersection of the new street and
Norwalk Street unless a street light has not already been installed in that
general area.
6. One existing utility pole shall be undergrounded and two other utility poles
relocated.
Section 5: The City Council hereby approves Tentative Tract Map 05-02 and
Variance 06-10, to allow the subdivision of 2.01 acres into seven (7) residential lots,
located at 13506 Norwalk Street, in the Residential Single-Family 4 (RS-4) zone, as
shown on the Tentative Tract Map dated October 11, 2006, subject to the following
conditions:
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.
Resolution No. P-06-54
Page 4
B. 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.
C. 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 Final Map
approval, must be approved by the Director of Development Services and may
require approval of the City Council.
D. This approval is not inclusive of the design of the proposed single-family homes.
Separate approval of the home design and footprint shall be applied for through
the Development Review/Minor Development Review Application process prior to
issuance of Building Permits.
E. The developer is required to comply with the Poway Noise Ordinance that
governs construction activity and noise levels.
F. Within thirty (30) days after City Council approval of the Tentative Tract Map, the
applicant shall make a reservation for a sewer Letter of Availability (LOA) for
seven Equivalent Dwelling Units (EDU) and pay the City a non-refundable sewer
connection fee of $3,298.40. This amount represents twenty percent (20%) of
the sewage connection fee.
G. Within thirty (30) days after City Council approval of the Final Map, the applicant
shall pay the City an additional 30% sewer connection fee of $4,947.60. The
remaining balance of the sewer connection fee, in the amount of $8,246.00, shall
be paid prior to Building Permit issuance.
H. Prior to Final Map approval, unless other timing is indicated, the following
conditions shall be complied with.
(Engineering)
1. Submittal of a Final Map to the City for review and approval. The Final
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. Easements and/or rights-of-way dedications to the City within the limits of
the subdivision shall be made on the Final Map. Water and sewer mains,
and their appurtenances, to be installed at locations other than within
Resolution No. P-06-54
Page 5
public streets shall have an easement, a minimum of 20 feet wide for each
line, dedicated to the City.
3. 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 to have vehicle access, utility access and emergency
access.
4. Closure calculations for all easements, except Public Utility Easements
adjacent and parallel to the streets, shall be submitted to the City Engineer
with the Final Map for review and approval.
5. A Monumentation Bond, in an amount acceptable to the City Engineer,
shall be posted.
6. Post a cash deposit to the City, an amount equivalent to $100.00 per
sheet of the Final Map, for the photo mylar reproduction of the recorded
Final Map. If the applicant provides the City with the photo mylar copy of
the recorded parcel map within three (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.
7. Improvement plans shall be submitted to the City Engineer for review and
approval prior to approval of the Final Map. The improvement plans shall
include the following:
The private street within the subdivision shall be improved and completed
to Poway Municipal Code, Section 12.20.080, Standards for Non-
Dedicated Urban Roads, including curb, gutter, sidewalk, and paving.
a. Norwalk Street along the subdivision boundary shall be improved
and completed to Poway Municipal Code, Section 12.20.080,
including curb, gutter, sidewalk, paving, and street lights.
b. Identification of streets as public or private.
c. Existing and proposed easements, including, but not limited to,
non-access easements.
d. The full width of all new and existing street rights-of-way and 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-06-54
Page 6
e. Removal and replacement of existing curb returns that do not meet
current applicable federal and state access requirements.
f. The intersection of the new private street within the subdivision and
Norwalk Street shall not have sight distance obstructions along the
front of the lot and for a distance of 50' along the street bounded
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 site distances.
g. The improvement plans shall provide for the installation of "No
Parking Fire Lane" signs along one side of the private street, to the
approval of the City Engineer. The improvement plans shall identify
proposed locations of on-street parking for City review and
approval.
h. The improvement plans shall include the installation of a streetlight
at the private cul-de-sac. This streetlight shall be privately
maintained. The streetlight shall be of the type and illumination
necessary to provide adequate vehicular traffic and pedestrian
circulation safety. Streetlight type, model, and location shall be
reviewed and approved by the City Engineer.
i. The improvement plans shall include a street light shall in the public
right-of-way at the intersection of Norwalk Street and the new
private street. This street light will be publicly maintained. The
streetlight shall be of the type and illumination necessary to provide
adequate vehicular traffic and pedestrian circulation safety.
Streetlight type, model, and location shall be reviewed and
approved by the City Engineer.
In lieu of constructing the improvements on Norwalk Street along the
property boundary, the applicant can provide a cash payment to the City
for its share of the improvement cost, at the discretion of the City
Engineer.
8. The improvement plans shall provide for construction of street paving 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.
9. The applicant shall apply to the City for a water system analysis to
establish the adequacy, size, and location of the public water system. In
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accordance with this analysis, improvement plans for the water system,
accompanied by appropriate plan check and inspection fees, shall be
submitted for review to the Engineering Division.
10. A standard agreement shall be executed, and appropriate securities shall
be posted, for construction of all street improvements, water and sewer
lines, drainage, and lot monumentation.
11. The owner shall execute and record a maintenance agreement for
maintenance of the Best Management Practices devices as required by
the Standard Urban Stormwater Mitigation Plan (SUSMP) ordinance.
12. The owner shall execute a private road construction and maintenance
agreement, in a form satisfactory to the City Attorney. Said agreement is
to comply with Ordinance No. 280, PMC Section 12.20.060. The applicant
shall provide to the City the necessary legal descriptions and plat maps for
this agreement.
13. The owner shall prepare a 5-foot-wide drainage easement along the west
property line of Lots 6, 7, and 9 for the benefit of the three properties
located to the west of the project site (APNs 314-194-21,22, and 23). The
west perimeter fence for the subdivision site shall be installed along the
eastern limits of the drainage easement. Should the drainage easement
not be accepted by the owners of the three neighboring properties, the
fence shall be installed along the west property line of Lots 6, 7, and 9 and
shall be designed to not impede run-off coming from the west.
(Planning)
14. The existing residential structure shall be demolished prior to Final Map
approval. A Demolition Permit shall be obtained from the Building
Division.
(Public Works)
15. The property shall be annexed into Landscape Maintenance District 83-1
to the satisfaction of the Director of Public Works.
I. Prior to Grading Permit issuance, the applicant shall complete the following, to
the satisfaction of the Director of Development Services:
1. All utility poles located on-site and in the adjoining rights-of-way shall be
shown on the grading plan. Existing utility poles shall be removed and
utility lines placed underground, except that the existing power pole
located near the center of the property may be relocated near the
northeast corner of the property and except that the utility pole located
along Norwalk to the west of the new street may be relocated towards the
Resolution No. P-06-54
Page 8
rear of the new sidewalk along Norwalk Street. Payment of an in lieu fee
for not undergrounding the Norwalk Street utility pole is required. All
existing and new utility lines within the subdivision boundaries shall be
placed underground. Work on utility poles and undergrounding of utilities
shall be coordinated and approved by SDG&E and other applicable utility
companies. This condition of approval shall be met to the satisfaction of
the Director of Development Services.
(Engineering)
2. A grading plan 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 PMC
17.08.170D, and including minimum structural sections together
with their elevations and grades.
c. All utilities and utility boxes, proposed and existing, together with
their appurtenances and associated easements. Encroachments
are not permitted upon any public easement without an approved
Encroachment Agreement/Permit.
d. Documentation shall be submitted confirming that existing facility
systems (water, sewer, storm drain) that will be utilized are of
adequate capacity to accommodate the proposed development.
e. Utilities to be abandoned shall be removed, filled with suitable
material and/or capped to the approval of the applicable utility
agency and to the approval of the City Engineer.
f. Final pavement structural sections, based on City established
Traffic Indexes and R-Values obtained within the graded roadways
of the site. The applicant shall submit the geotechnical engineer's
pavement design recommendations to the City Engineer for
approval.
Resolution No. P-06-54
Page 9
g. Improvement plans shall indicate grades of surrounding properties
sufficient enough to determine the effects of improvements on
surrounding properties.
h. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an on-site
de-silting basin with a volume based on 3,600 cubic feet per
tributary acre drained.
3. 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.
4. 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
5. An independent geotechnical engineer, who is retained by the City at the
applicant's expense, shall review the project's geotechnical studies. The
subdivision grading design shall conform to the recommendations of the
applicant's geotechnical engineer, as well as the independent
geotechnical review, as determined by the City Engineer.
6. A drainage study using the 1 DO-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. The
drainage from each parcel shall not encroach on any other or on
neighboring properties unless a City Engineer-approved drainage system
is designed.
7. Stenciling shall be provided on curb inlets to prohibit dumping of
pollutants. The stencil shall be noted in the grading plans and shall be
subject to the review and approval of the City Engineer prior to issuance
of a Grading Permit.
8. 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:
Resolution No. P-06-54
Page 10
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
9. 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
storm drain system. The engineer shall certify the SWPPP prior to
issuance of the Grading Permit.
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. The driveway
construction cost shall be included in the cost estimates for plan checking
and determination of inspection fees.
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 attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for sediment control shall be provided using the following 60
a. Provision of an on-site de-silting basin with a volume based on
3,600 cubic feet per tributary acre drained.
b. Covering of all flat areas with approved mulch.
c. Installation of an earthen or gravel bag berm that retains 3 inches of
water over all disturbed areas prior to discharge, effectively creating
a de-silting basin from the pad.
13. 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
Resolution No. P-06-54
Page 11
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.
14. 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.
15. 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.
16. The grading plans shall demonstrate that the subdivision complies with the
City's Standard Urban Stormwater Mitigation (SUSMP) Plan Ordinance,
including both treatment and detention. At the time of Grading Permit
issuance, the owner can petition the City Engineer for utilizing treatment
facilities installed with the City's York Avenue Improvement Project.
17. 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.
(Planning)
18. Prior to removal of trees or Grading Permit issuance, a Tree Removal
Permit application, pursuant to Chapter 12.32 of the Poway Municipal
Code, shall be submitted and approved. Trees shall be retained wherever
possible. Any tree approved for removal shall be replaced to the
satisfaction of the Director of Development Services.
19. The grading plans shall show the noise barrier (wall and berm) required to
be constructed along Lot 4 consistent with the "Acoustical Analysis Report
for Norwalk VII Project", prepared by Eilar Associates dated October 7,
2005, and as amended on January 10, 2006. If the building pad of Lot 4 is
different in elevation than the pad elevation used in the above-referenced
report, a supplemental acoustical analysis is needed to ensure that the
noise mitigations (wall and berm height) provide an adequate sound
attenuation barrier to reduce traffic noise to levels less than 60 CNEL
based on the new elevation. The noise wall shall consist of tan slump
block with decorative pilasters to match the wall around Kentfield Estates
to the east.
Resolution No. P-06-54
Page 12
20. Retaining walls shall be constructed with decorative block. Please submit
a sample of the block for approval.
21. The grading plans shall show perimeter fencing along the west, north, and
east property lines. The applicant shall submit a fencing plan for the
subdivision perimeter to the Planning Division for review and approval.
The fencing shall consist of picture frame fencing or other solid "good
neighbor" fence design, which provides a fence cap. The fencing shall be
between 5 and 6 feet to the satisfaction of the Director of Development
Services in height except for the noise wall along Lot 4.
22. All utility poles located on-site and in the adjoining rights-of-way shall be
shown on the grading plan. Existing utility poles shall be removed and
utility lines placed underground.
23. 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. A
landscape plan check fee based on the estimated cost of the
improvements shall be submitted with the plans.
E. Prior to issuance of a Building Permit for each parcel, the applicant shall comply
with the following:
(Engineering)
1. The Final Map shall be recorded in the office of the San Diego County
Recorder, and a mylar copy of the recorded map shall be provided to the
City.
2. The site shall be developed in accordance with the approved site 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.
3. Erosion control, including, but not limited to, de-silting basins, shall be
installed and maintained throughout construction of the project. An
erosion control plan shall be prepared by the project civil engineer and
shall be submitted as part of the grading plan. The applicant shall make
provisions to ensure proper maintenance of all erosion control devices.
4. 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
Resolution No. P-06-54
Page 13
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.
5. 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.
7. Prior to delivery of combustible building materials, on-site water and sewer
systems shall satisfactorily pass all required tests.
7. Payment of 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:
Meter
Expansion Fee
Service Line
SDCWA Capacity**
SDCWA Water Treatment Capacity**
0/. inch
$ 130
$3,710
$1 ,430
$4,154
$ 159
1 inch
$ 270
$6,678*
$1 ,430
$6,646
$ 255
*If a 1" meter is required due to fire sprinklers, then 0/." City
Expansion fee will apply
**To be paid by separate check, payable to the SDCWA.
Sewer:
Connection fee
=
$8,246.00 or $1,178.00 per lot
This amount represents 50% payment, assuming that 20% payment was
made at reservation of sewer LOA and 30% payment made within 30 days
after map approval.
Cleanout fee =
$50.00 per c1eanout
$25.00 per c1eanout
Cleanout inspection fee =
Traffic mitigation fee
=
Resolution No. P-06-54
Page 14
$4,620.00, based on
7 parcels @ $660.00 per parcel
Drainage fee
=
$10,990.00 based on
7 parcels @ $1,570.00 per parcel
$19,040.00 based on
7 parcels @ $2,720.00 per parcel
Park fee
=
(Planning)
8. All new and existing electrical/communication/CATV utilities shall be
installed underground prior to installation of concrete curbs and surfacing
of the street. The applicant/developer is responsible for complying with
the requirements of this condition, and shall make the necessary
arrangements with each of the serving utilities.
9. A solid wood fence, a minimum of five (5) feet in height, shall be
constructed between each lot and shall have a minimum 36" gate on one
side of the residence.
10. Minor Development Review Applications, or a Development Review, shall
be approved for each new house design, including, but not limited to, site
plans and building elevations, incorporating all conditions of approval,
through the Planning Division. The houses are encouraged to build
according to the architectural guidelines for the Old Poway Specific Plan
(SP 88-01).
11. Prior to issuance of any Building Permit, the school fees in effect at the
time shall be paid.
12. CC&RS shall be prepared for review and approval by the Planning and
Engineering Departments. The CC&Rs shall provide for maintenance
of storm drains, porous pavement, landscape, irrigation, the wall along
Norwalk Street and architectural design standards.
13. The developer is advised that, pursuant to PMC 17.26.100 through
17.26.300, single-family residential development shall provide that
fifteen percent of the units created shall be affordable to low-income
households. The developer of for-sale housing may, in lieu of providing
required inclusionary housing on-site or off-site, pay a fee to the City in
accordance with the provisions of the referenced Section.
F. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
Resolution No. P-06-54
Page 15
(Engineering)
1. Public improvements, 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 PMC 17.08.170D, and its structural
section shall be shown on the grading plan.
2. The final pavement surface shall be free of gouges, patches, diesel spills,
or other defects to the satisfaction of the City Engineer.
3. 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.
4. Provisions for maintenance of the common facilities, including, but not
limited to, landscaping, the private street, emergency vehicular access
and drainage facilities by all property owners shall be established. The
provisions shall be subject to the review and approval of the City.
5. Record drawings for both grading and improvements, 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
release of grading securities.
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
City Engineer.
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.
Section 6: The approval of Tentative Tract Map 05-02 expires on November 14.
2008. 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 7: 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 November 14, 2006.
Resolution No. P-06-54
Page 16
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 14th day of November 2006.
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-06-54 was duly adopted by the City
Council at a meeting of said City Council held on the 14th day of November 2006 and
that it was so adopted by the following vote:
NOES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NONE
NONE
AYES:
ABSENT:
DISQUALIFIED: NONE
~ffANUL
L. . ne hea, City Clerk
City of Poway
Resolution No. P -06 -54
Page 17
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR TTM 05 -02 and VAR 06 -10
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
Noise
A 9- foot -high sound attenuation barrier, shall
Prior to
Applicant
be built according to the "Acoustical Analysis
Grading
Report for Norwalk VII Project ", prepared by
Permit.
Eilar Associates dated October 7, 2005 and
any amendments thereto. If the pad
elevation be higher than that used in the
referenced noise analysis, a supplemental
acoustical analysis is needed to ensure that
the noise mitigations (wall and berm height)
provide an adequate sound attenuation
barrier to reduce traffic noise to levels less
than 60 CNEL.
Interior noise levels would be required to not
exceed 45 CNEL. Prior to approval of the
final building plans, a supplemental exterior -
to- interior acoustical analysis would be
necessary for Lot 4 to determine if special
design considerations, such as upgraded
exterior walls, mechanical ventilation and
enhanced glazing, would be necessary to
achieve adequate noise attenuation and to
comply with the interior residential California
Code of Regulations, Title 24, Noise
Insulation Standards.