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Res P-85-66RESOLUTION NO. P-85-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW 85-04 ASSESSOR'S PARCEL NUMBER 317-550-10 WHEREAS, Development Review 85-04, submitted by Frank Perl, applicant, requests to construct a 26 unit apartment complex on 1.5 acres for the property located at 12551 Oak Knoll Road in the RA (Residential Apartment) zone; and WHEREAS, on October 29, 1985, the City Council held a hearing on the above-referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Findings: That the proposed development is in conformance with the Poway General Plan. 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. e That the proposed development encourages the orderly and harmonious appearance of structures and property within the City. Section 2: Environmental Findings: The City Council finds that this project will not have significant adverse impact on the environment and hereby issues a Negative Declaration. Section 3: City Council Decision: The City Council hereby approves Development Review 85-04 subject to the following conditions: Prior to issuance of any building permits, the appli- cant's civil engineer shall prepare a detailed hydrologic and hydraulic analysis of the floodway and floodplain of Poway Creek as it affects this property, and the effect of any grading and site improvements on this property and adjacent properties. The analysis shall incorporate the improvements, if necessary, to carry a 100 year flood and any improvements required Resolution No. P-85-6~ Page 2 shall be clearly defined on the improvement and grading plans. All improvements or realignment to Poway Creek shall be subject to the review and satisfaction of the Director of Public Services. A detailed backwater hydraulic analysis shall be pre- pared for the extension of the existing box culvert to the satisfaction of the Director of Public Services. The 36 inch reinforced concrete pipe storm drain shall be separately extended to Poway Creek to the satisfac- tion of the Director of Public Services. The applicant shall indicate and verify the location of the existing public utilities along the east property line. The limits of this 20 foot public utility ease- ment shall be clearly defined on the improvement and grading plans. Oak Knoll Road shall be widened and improved to City standards for an urban local collector road, requiring half-street asphalt concrete paving width of 20 feet, face of P.C.C. curb at 20 feet south of centerline, and 4.5 foot P.C.C. sidewalk. The applicant shall provide, as deemed necessary by and to the satisfaction of the Director of Safety Services, adequate fire protection access and/or facilities to the center of the complex. If fire protection is required, the developer shall pay for a water system analysis to establish the proper size and location for the public water system serving it. The amount will be determined by the cost of the analysis and will be a full cost recovery deposit. The applicant shall enter into a Hold Harmless Agreement with the City for improvements and facilities constructed within the floodway. The three existing parcels shall be merged in accordance with the City's Subdivision Ordinance prior to the issuance of building permits. The developer shall dedicate and improve to the rural trail fencing standards a ten foot wide trail on top of the creek bank. Resolution No. P-85-66 Page 3 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. An eight foot solid masonry wall constructed of concrete block shall be constructed at the east property line. A six foot open-styled fence shall be placed on the top of the creek bank. The design and location of the fence and wall shall be to the satisfaction of the Directors of Planning and Public Services. Solar hot water heating shall be required for the apart- ment complex and for any heating the pool. South-facing windows shall have solar glazing or solar screens. Toilets are to be one gallon low flow and subject to the satisfaction of the Director of Planning Services. Security gates/devices must comply with the Fire Department's "KNOX" Key Access System. Street trees on Oak Knoll Road shall be planted at an average spacing of 20 feet and shall consist of 50 per- cent White Alder trees and 50 percent of an Evergreen species to be accetable to the Director of Planning Services. Two hundred and fifty cubic feet of lockable storage is required for each apartment unit. The developer shall furnish a minimum of seven clothes washers and four dryers within the laundry complex. Landscape plans for the interior of the complex shall incorporate a minimum of 50 trees per gross acre. A five foot wide landscaping strip shall be installed between the east masonry wall and the east parking lot. A revised site plan delineating the location of the landscaping shall be submitted to the Planning Services Department prior to building permit issuance. Ail trash enclosures shall include solid wooden gates and shall meet standards per City detail. Within 30 days of approval, the applicant shall submit in writing that all the conditions of approval have been read and understood. Resolution No. P-85-66 Page 4 Section 4: City Council Decision: The City Council hereby approves Development Review 85-04 subject to the following Standard Conditions: APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING 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 con- ditions contained herein. 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 appli- cable City Ordinances in effect at the time of building permit issuance. Trash receptacle multifamily developments shall be enclosed by a 6 foot high masonry wall with view-obstructing gates pur- suant to City standards. Location shall be subject to appro- val by the Planning Services Department. Ail roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buf- fered from adjacent properties and streets as required by the Planning Services Department. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 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. Prior to the issuance of building permits for combustible construction, evidence shall be submitted to the Director of Safety Services that water supply and facilities for fire pro- tection 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-85-66 Page 5 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: Permit and Plan Checking Fees, School Fees (in accordance with City-adopted policy and/or ordinance), Water and Sewer Service Fees. These fees shall be paid prior to building permit issuance. 10. 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. 11. 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. PARKING AND VEHICULAR ACCESS Ail parking lot landscaping shall consist of a minimum of one fifteen (15) gallon size tree for every three (3) parking spaces. For parking lot islands, a minimum 12 inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a 6 inch high, 6 inch wide portland concrete cement curbing. Fifty/fifty percent mix of evergreen and deciduous is required. Parking lot lights shall be low pressure sodium and have a maximum height of eighteen (18) feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and residences. Ail two-way traffic aisles shall be a minimum of 24 feet wide and emergency access shall be provided, maintained free and clear, a minimum of 24 feet wide at all times during construc- tion in accordance with Safety Services Department require- ments. 4. Ail parking spaces shall be double striped. C. LANDSCAPING A detailed landscape and irrigation plan shall be submitted to and approved by the Public Services Department and Planning Services Department prior to the issuance of building permits. A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to the issuance of building permits and prior to grading, to determine which trees shall be retained. Resolution No. P-85-66 Page 6 Existing on-site trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department during the review of the Master Plan of existing on-site trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway Ordinance and shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. A minimum of 50 trees per gross acre, consisting of a 50/50% mix of evergreen and deciduous, 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 in all multifamily and PRD projects. 6. Ail landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. D. SIGNS 1. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. E. RECREATION On lots having a private or public equestrian/pedestrian trail on or adjacent to their property, the developer is required to have contained within the C.C.&R.'s the following statement: In purchasing the home, I have read the C.C.&R.'s and understand that said lot is subject to an easement for the purpose of allowing equestrian/pedestrian traffic. 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 main- tenance of said trail and structures appurtenant to the trail. Resolution No. P-85-6~ Page 7 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. Se Parkland Dedication or payment of Park Fees at the established rate shall be made prior to building permit issuance. F. 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. G. ADDITIONAL APPROVALS REQUIRED - No Conditions II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. 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. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to building permit issuance. 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 sub- division map or issuance of building permit, whichever comes first. I. STREETS AND SIDEWALKS Ail Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Public Services. Resolution No. P-85-66 Page 8 2. The developer shall pay a pro-rata share for the installation or modification of the traffic signals at Oak Knoll and Pomerado Road prior to building permit issuance. 3. Sidewalks (4.5) feet in width shall be required on (both/one) side(s) of Oak Knoll. 4. Street striping and signing shall be installed to the satisfac- tion of the Director of Public Services. 5. Ail street structural sections shall be submitted to, and approved by the Director of Public Services. 6. Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Public Services. Plan check and inspection expenses shall be paid by the developer. 7. Ail exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Public Services. 8. Street improvements that include, but are not limited to: X a. Sidewalks e. X b. Driveways X f. X c. Wheel chair ramps X .g. X d. Curb and gutter X h. Cross gutter Alley gutter Street paving Alley paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Public Services. 9. 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. 10. 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. 11. Street improvements and maintenance shall be made in accordance with City Ordinance standards for urban streets. 12. The developer shall pay the Traffic Mitigation Fee at the established rate prior to building permit issuance. Resolution No. P-85-66 Page 9 J. DRAINAGE AND FLOOD CONTROL A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all sur- face waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Services to properly handle the drainage. Portland cement concrete cross gutters shall be installed where water crosses the roadways. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to building permit issuance. K. UTILITIES Ail proposed utilities within the project shall be installed underground including existing utilities along Circulation Element roads and/or highways less than 34.5 KY. e Utility easements shall be provided to the specification of the serving utility companies and the Director of Public Services. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. e 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. The applicant shall pay for a water system analysis to establish the proper size and location for the public water system. The amount will be determined by the cost of the ana- lysis and shall be paid prior to building permit issuance. The applicant shall, within 30 days after receiving approval of the tentative tract map, tentative parcel map, use permit, ok development review, apply for a Letter of Availability (LOA) to reserve sewerage availability and post with the City, a nonrefundable reservation fee equal to 20% of the appropriate sewerage connection fee in effect at the time the LOA is issued. Resolution No. P-85-66 Page 10 0 Developer shall construct a light system conforming to City of Poway Standards at no cost to the public, subject to the following: Cut-off luminaries shall be installed which will pro- vide true 90 degree cutoff and prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. DJ Ail fixtures shall use a clear, low pressure sodium vapor light source. Advance energy charges and District engineering charges shall be paid by the developer. Annexation to the lighting district shall be accomplished and evidence of annexation and payment of lighting fees shall be presented to the City prior to final map approval or building permit issuance, whichever occurs first. Cable television services shall be provided and installed underground. The developer shall notify the Cable company when trenching for utilities is to be accomplished. GENERAL REQUIREMENTS AND APPROVALS Ail of the above improvements and requirements shall be installed and provided, prior to building permit issuance, by the execution of a performance agreement, secured with sufficient securities, in a form approved by the city Attorney. All necessary processing fees, deposits, and charges shall be paid prior to final map approval. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 29th day of October, 1985. ATTEST: Wahlsten, City Clerk