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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 Resolution No. P-06-54 Page 7 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.