Res P-85-24RESOLUTION NO. P-85-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 85-02
AND MINOR DEVELOPMENT REVIEW 85-05
ASSESSOR'S PARCEL NUMBER 321-191-02, 03, 04, 06
WHEREAS, Conditional Use Permit 85-02 and Minor Development
Review 85-05 submitted by ERB Engineering, Inc., applicant, and
Pomerado Cemetery District et al, owner, request approval to allow
the move-on of a single family residential unit to a site in
Dearborn Memorial Park in the OS (Open Space) zone located at 14361
Tierra Bonita Road.
%~EREAS, on May 7, 1985, the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and
con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Findings:
MINOR DEVELOPMENT REVIEW 85-05
That the proposed development is in conformance with the
Poway General Plan.
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That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties.
That the proposed development is in compliance with the
Zoning Ordinance.
That the proposed development encourages the orderly and
harmonious appearance of structures and property within the
City.
CONDITIONAL USE PERMIT 85-02
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;
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That the harmony in scale, bulk, coverage and density is
consistent with adjacent uses;
Resolution No. P-85-24
Page 2
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That there are available public facilities, services and
utilities;
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That there will not be a harmful effect upon desirable
neighborhood characteristics;
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That the generation of traffic will not adversely impact
the surrounding streets and/or the City's Circulation
Element;
So
That the site is suitable for the type and intensity of use
or development which is proposed;
That there will not be significant harmful effects upon
environmental quality and natural resources;
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That there are no other relevant negative impacts of the
proposed use that cannot be mitigated; and
That the impacts, as described above, and the location of
the proposed use will not adversely affect the City of
Poway General Plan for future as well as present
development.
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 Negative Declaration.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 85-02
and Minor Development Review 85-05 subject to the following
conditions:
A two-car garage shall be constructed for use of the
residence. Said garage shall be architecturally compatible
with the existing residence. Driveway access to Tierra
Bonita Road shall match existing driveway cut on the west
side of Tierra Bonita Road.
The proposed building pad shall be relocated 15 feet north
of the proposed site. A revised site plan showing said
location and architectural elevations of the garage shall
be approved by the Director of Planning Services prior to
issuance of a grading permit.
Resolution No. P-85-24
Page 3
Dedication for road purposes within the existing road
easement is required prior to building permit issuance.
All conditions of P 63-164 and P 73-235 shall apply.
Ail created slopes five feet in height or greater shall be
landscaped and irrigated according to City standards.
Section 4: City Council Decision:
The City Council hereby approves Conditional Use Permit 85-02 and
Minor Development Review 85-05 subject to the following Standard
Conditions:
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING
SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. SITE DEVELOP~IENT
1. Site shall be developed in accordance with the approved site plans
on file in the Planning Services Department and the conditions
contained herein·
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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.
Approval of this request shall not waive compliance with all
sections of the Zoning Development Code and all other applicable
City Ordinances in effect at the time of building permit
issuance.
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.
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 building
permit issuance.
The applicant shall pay development fees at the established rate.
Such fees are limited to: Permit and Plan Checking Fees. These
fees shall be paid prior to building permit issuance.
This approval shall become null and void if building permits are
not issued for this project within one year from the date of
project approval.
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 with their background color.
Resolution No. P-85-24
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B. PARKING AND VEHICULAR ACCESS No Conditions
Co LANDSCAPING
1. Ail landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
D. SIGNS No Conditions
E. RECREATION
The developer shall improve the equestrian/pedestrian trail system
in accordance with the adopted sign standards and to the
satisfaction of the Directors of Public and Planning Services
prior to building permit issuance.
An open space easement shall be granted to the City over, upon,
across and under the area defined on the final maps as an
equestrian trail and no building, structures or other things shall
be constructed, erected, placed or maintain ed on subject
easements except for the construction and maintenance of said
trail and structures appurtenant to the trail.
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Dedicate the Master planned equestrian/pedestrian trails to the
satisfaction of the Directors of the Departments of Public and
Planning Services in accordance with the Master Plan of Trails
Element.
F. EXISTING STRUCTURES No Conditions
Go ADDITIONAL APPROVALS REOUIRED No Conditions
II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
Grading of the subject property shall be in accordance with the
uniform Building Code, City Grading Ordinance, approved grading
plan and geotechnical report, and accepted grading practices.
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The final grading plan shall be subject to review and approval by
the Planning Services and Public Services Department and shall be
completed prior to recordation of the final subdivision map or
issuance of building permit, whichever comes first.
I. STREETS AND SIDEWALKS
Ail damaged off-site public works facilities, including parkway
trees, shall be repaired or replaced prior to exoneration of bonds
and improvements, to the satisfaction of the Department of Public
Services.
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Resolution No. P-85-24
Page 5
Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Public Services office
and appropriate fees paid, in addition to any other permits required.
DRAINAGE AND FLOOD CONTROL No Conditions
UTILITIES
Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the Health
Department of the County of San Diego.
L. GENERAL REQUIREMENTS AND APPROVALS No Conditions
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 7th day of May, 1985.
~obert C. Emery, M~r
ATTEST:
Marjor~e/K. Wahlsten, City Clerk