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Res P-82-36RESOLUTION NO. P 82-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 82-03/DEVELOPMENT REVIEW 82-02 ASSESSOR' S PARCEL NUMBER 321-190-24 WHEREAS, Conditional Use Permit 82-03/Development Review 82-02, submitted by Deron and Lucille Johnson, applicant, requests a planned residential development for 30 residential units for the property located at the southwest corner of Twin Peaks Road and Tierra Bonita Road, in the R-R-l, (Rural Residential) zone; and, WHEREAS, on July 27, 1982, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to these applications. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Findings: Conditional Use Permit 1. That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources because adjacent uses are Single Family Residential as is the proposed project. That the harmony in scale, bulk, coverage and density is consistent with adjacent uses because project and surrounding development characteristics are the same. That there are available public facilities, services and utilities. That there will not be a harmful effect upon desirable neighborhood characteristics because the existing neighborhood characteristics are Single Family Residential in nature. That the generation of traffic will not adversely impact the surrounding streets and/or the City's circulation element because traffic mitigation fees and improvements will be provided. That the site is suitable for the type and intensity of use or development which is proposed because the site has no adverse soils, geologic, or other natural environmental constraints. Resolution No. P 82-36 Page 2 9e That there will not be significant harmful effects upon environmental quality and natural resources because potentially harmful effects can be mitigated by conditions of approval. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. That the impacts, as described above, and the location of the proposed use will not adversely affect the City of Poway's General Plan for future as well as present development because the proposed residential use is consistent with the City's General Plan. Development Review 1. That the proposed development is in conformance with the Poway General Plan in that a residential use is proposed for residentially designated area. 2e That the proposed development will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties because all public facilities and services are available and the residential units proposed are similar to surrounding residences. That the proposed development is in compliance with the Zoning Ordinance because all standards and criterial of said ordinance have been met. That the proposed development encourages the orderly and harmonious appearance of structures and property within the City because the Single Family B~sidences are consistent with surrounding development of the same type. Section 2: Environmental Findings. The City Council finds that this project will not have a significant adverse impact on the environment and hereby issues a Mitigated Negative Declaration with mitigation for traffic (Standard Condition L6 - TTM 82-03), drainage (Standard Condition K5 - TTM 82-03), aesthetics (Standard Condition C1), and noise (Standard Conditions F5 - 8, TTM 82-03). Resolution No. P 82-36 Page 3 Section 3: City Council Decision. The City Council hereby APPROVES Conditional Use Permit 82- 03/Development Review 82-02, subject to the following conditions: Ail on-site identification signs shall require review and approval by the Director of Planning Services prior to the issuance of building permits. Textured concrete pedestrian crosswalks shall be included as part of the development plan at locations specified by and to the satisfaction of the Director of Planning Services. Ail wooden fences utilized in the development shall be constructed of cedar or redwood material and shall be included as part of the individual unit construction plans to the satisfaction of the Director of Planning Services and compatible with their architectural character. Ail dwelling units shall be provided with solar hot water systems. 5. The swimming pool shall be heated by a solar heating system. 10. Ail parking spaces within the development shall have minimum dimensions of nine-by-twenty feet and all backup areas shall be a minimum of 24 feet in width. No parking shall occur along drives. Spacing between all buildings shall be a minimum of 10 feet in accordance with the City's Planned Development Ordinance. A lighting system for walkways, parking areas, driveways, recreational, and facilities shall be provided to the satisfaction of the Director of Planning Services. The system shall provide indirect or focused lighting to reduce unnecessary glare. A six-foot-high wooden or combination wood and masonry fence shall be provided along the western boundary of the property from the masonry wall along Twin Peaks Road to the flowage easement line. Trees and other landscaping in the cul-de-sacs shall be trimmed on a regular basis to insure a pathway 12 feet in width with 14 feet of vertical clearance around said cul-de-sacs for emergency vehicle access (Safety Services). Resolution No. P 82-36 Page 4 12. 13. 15. 16. 17. Ail roofing materials shall be fire retardant in accordance with City of Poway Ordinance No. 64. Standard patio cover plans shall be submitted and approved to the satisfaction of the Director of Planning Services prior to the issuance of building permits for the project. Elevations for the masonry wall along Twin Peaks Road shall be submitted and approved by the Director or Planning Services prior to the issuance of building permits. Individual unit trash collection shall be provided by the local private trash collection company and all trash containers shall be stored within the enclosures provided for each unit. Facilities for the boarding of 18 horses and an arena shall be provided. The inclusion and location of said facilities shall be to the satisfaction of the Director of Planning Services. Boarding of horses as a private stable shall not be limited to owners of the dwelling units in this project. Conditional Use Permit 82-03 and Development Review 82-02, shall remain valid until the expiration of Tentative Tract Map 82-03 (July 27, 1984) or any extensions granted for said map. Expiration of the tentative tract map shall result in expiration of the conditional use permit and development review. Section 4: The City Council hereby approves Conditional Use Permit 82- 03/Development Review 82-02, subject to the following Standard Conditions: APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPMENT Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2e Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. Resolution No. P 82-36 Page 5 4e 8e 2e Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at time of Building Permit issuance. Mail boxes, in areas where sidewalks are required, shall be installed and located by the developer subject to approval by the Planning Services Department. Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with view obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Services Department. The developer shall integrate a variety of approved roof materials and colors into the design of the residential development in a manner which is both compatible and complementary among each of the residential units. Ail roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. Street names shall be approved by the Planning Services Department prior to the recordation of the final map. PARKING AND VEHICULAR ACCESS Emergency access shall be provided, maintained free and clear, a minimum of 24 feet wide at all times during construction in accordance with Safety Services Department requirements. LANDSCAPING A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the Master Plan of street trees for the City of Poway and shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. Resolution No. P 82-36 Page 6 II. A minimum of 50 trees per gross acre, comprised of the following sizes, shall be provided within the development; 20% - 24" box or larger, 70%-15 gallon and 10%-5 gallon to the satisfaction of the Director of Planning Services and in accordance with the approved landscape plan. 4. Ail landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. D. SIGNS (No Conditions) E. RECREATION (No Conditions) The developer is required on lots having a private or public equestrian/pedestrian/bicycling trail on or adjacent to their property to have contained within the C. C. & R.'s the following statement: In purchasing the home, I have read the CC&R's and understand that said Lot is subject to an easement for the purpose of allowing equestrian/pedestrian/bicycling traffic to gain access. The developer shall improve and maintain, or cause to be maintained, the Equestrian/Pedestrian/Bicycling Trail system in accordance with the adopted design standards and to the satisfaction of the Directors of Public and Planning Services. F. ADDITIONAL APPROVALS REQUIRED (No Conditions) APPLICANT SHALL CONTACT THE BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. SITE DEVELOPMENT The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of approval of this project. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Director of Safety Services that water supply for fire protection is available. Where additional fire protection is required by the Director of Safety Services, it shall be serviceable prior to the time of construction. Resolution No. P 82-36 Page 7 III · 3e Prior to the issuance of a building permit for a new residential dwelling unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Park Fee, Drainage Fee, Permit and Plan Checking Fees, School Fees (in accordance with city-adopted policy and/or ordinance), Water and Sewer Service Fees. Street addresses shall be provided by the Building Official. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. H. EXISTING STRUCTURES Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended use or the building shall be demolished. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. I. GRADING (No Conditions) APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. STREETS AND SIDEWALKS (No Conditions) K. DRAINAGE AND FLOOD CONTROL (No Conditions) L. UTILITIES (No Conditions) M. GENERAL REQUIREMENTS AND APPROVALS (No Conditions) APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 27th day of July, 1982. Mary Sh~ar~don-~Mayor ATTEST: Marjori~ K. Wahlsten, City Clerk