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Res P-89-04RESOLUTION NO. p- 89-04 A OF TH CITY COUNCIL OF THE CITY OF POW Y, APPROVING TENTATIVE RACT MAP 88-13 AND VARIANC 88-11 ASSESSOR'S PARCEL NUMB RS 275-232-36, 06 WHEREAS, Tentative Tract Map 88-13 and Variance 88-11 hereinafter "Map" submitted by Allan Royster, applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described 2.8 acres on the southwest corner of Stone Canyon Road and Country Squire Drive, into eight lots, regularly came before the City Council for public hearing and action on January 10, 1989; and WHEREAS, the City Council has read and considered said report and has con- sidered other evidence presented at the public hearing. NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as follows: Section 1: Findin~ : The City Council finds that the project will not have a significant adverse impact on the and hereby issues a Negative with mitigation. Section 2: Findino : Tentative Tr The City Council makes the following findings in regard to' Map 88-13 and the Map thereof. Tract The tract map is with all applicable general and specific plans; in that the proposed land use is for single-family residences. The design or imp of the tract map is with all applicable general and specific plans, in that the number and configuration of the lots meet the property development standards of the Zoning Development Code. The site is physically suitable for the type of proposed, in that the site is gently sloping and is located within an area of predominantly residential development. The site is physically suitable for the density of the d pro- posed, because each lot meets the minimum square footage required by the General Plan and zoning designation. No, P-89~04 Page 2 o The design of the subdivision is not li'ely to cause damage or avoidable injury to humans an wildlife or that the of approval assure hat any ciated with the proposed wi 1 be tal heir habitats in impacts asso- The tentative tract map is not likely to cause serious public health problems because City water and sewer service will be provided to all parcels. The design of the tract map will not conflict with any ease- ment acquired by the public at large, now of record, for access through or use of the property within the proposed That this project will not create adverse impacts on the and a Negative Declaration is issued, with mitigation measures as outlined in the Initial Study and required conditions of approval. The effect of subdivision approval on the housing needs of the San Diego region has been considered and balanced against the public ser- vice needs of Poway residents and available fiscal and 10. The design of the subdivision has provided, to the extent feasible, for future.p~ssive or natural heating or cooling in the Variance 88-11 There are s ecial applicable to the property (size, shape, topo raphy, location, or surroundings), or the intended use of the proper ', and because of this, the strict application of the Zoning Ordinance ~ prives the property of rivile es enjoyed by other pro er- ties in the vicinity under i entica zonin classif' The ro- posed subdivision is an in-f ll pro ect wh ch is ~ on th ee sides by existing developmen makin it di ficult to reconfigure t e proposed lots to provide min mum re uired ot width. Granting the or its modification, is necessary for the pre- and of a property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought. Properties directly adjacent to the east, specifically Parcels 2, 3, 6, 11, 14, and 15, Book 275, page 740, possess less than 70 foot lot widths at the front setback lines. 3. Granting the or its modification, will not be materially to the public health, safety or welfare, or ' ' to No. P-89-04 Page 3 the property or in such vicinity and zone in which the property is located, in that other in the same vicinity have been ~ using similar lot widths. The granting of this variance does not a special privilege with the upon other properties in the vicinity and zone in which such property is situated, in that other residences in the same vicinity have been constructed using similar lot widths. The granting of this variance does not allow a use or activity which is not expressly authorized by the zoning regulation governing the parcel of property. Granting the variance or its modification will not be incompatible with the Poway City General Plan. Section 3: CiK The City Council hereby finds that Tentative Tract Map 88-13 and Variance 88-11 are approved subject to the following conditions: Within 30 days of approval: {1) The applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the pro- perty owner shall execute a Covenant on Real Property. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the contained herein. 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 Street names shall be approved by the Planning Services Department prior to the approval of the final map, and street addresses shall be provided prior to the issuance of building permits. 4. Mail boxes shall be installed according to a plan which is acceptable to both the Post Office and the Director of Planning Services, B, PARKING AND VEHICULAR ACCESS - NONE C, LANDSCAPING The development shall be annexed into the closest district to the of the Director of Community Services. No. P- 89-04 Page 4 SIGNS Any signs proposed for this with the Sign shall be designed and approved in RECREATION The shall deposit funds for the improvement of the equestrian/ pedestrian trail system in accordance with the adopted standards and to the satisfaction of the Director of Community Services prior to building permit Dedicate the Master planned equestrian/pedestrian trails to the satisfaction of the Director of Services in with the Master Plan of Trails Element. The developer shall pay the Park Fee at he established rate at the date of final or the date of the Cer ificate of occurs later, bus a security Oeposit sba 1 be posted with the City's Public Services Department prior to map approva . F. EXISTING STRUCTURES - NONE G. ADDITIONAL APPRO~ The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable to the satisfaction of the Director of Planning Services. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING Grading of the subject property shall be in with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotech- nical report, and accepted grading The grading plan shall contain a certificate signed by a registered civil engineer that the grading plan has preserved a minimum of 100 square feet of solar access for each dwelling unit and for each future building site within the A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work at first of a grading plan. No. P-89-04 Page 5 o A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The final grading plan sh ll be subject to review and approval by the Planning Services and Pub ic Services.Departments and shall be completed prior to approval of the inal map or issuance of building permit, whichever comes f rst, A pre-blast urvey of surrounding property shall be conducted to the satis- faction of t e City Engineer prior to any rock Seismic recor- dings shall e taken for all blasting and blasting shall occur only at locations an levels approved by the City Engineer. STREETS AND SIDEWALKS The interi r stre t, identified as Footman Court in the tentative map, shall be improve to Ci of Poway's Urban Road - Dedicated Local Street Standards with a mod fled r ght-of-way width of 52 feet wide. All other criteria and specificat on sha 1 be per Sections 12.20.070 and 12,20.080 of the City Code. Country Squire Drive, contiguous with the boundary shall be improved and widened to 36 foot street paving width. Criteria and specifi- cations shall meet the rec of City Code Sections 12.20,070 and 12.20.080. Improvement shall include, but is not to be limited to, widening the street paving width, of concrete curb, gutter, and 4.5 foot wide sidewalk, all along the street's westerly side. Stone Canyon Road contiguous with the development' boundary shall be improved to City of Poway's Circulation Element - ollector Road Standards. Improvement shall include, but is not to be limite to widening the pavement width of the street's southerly half to 20 feet wi e, of concrete curb, gutter, and 4.5 foot wide sidewalk. Pavement 7,5 minimum. 1 section shall be designed based on a traffic index of The developer shall reimburse the City of Poway for the costs for the improvement of Pomerado Road contiguous with the westerly boundary of the subdivision to City standards. Stone Canyon Road shall be dedicated and improved to C Element road standards and to the specifications of the Director of Public Services. Vehicular access rights to Stone Canyon Road shall City of Poway and labeled on the final map to the Director of Public Services, be relinquished to the of the Resolution No. P- 89-04 Page 6 10. 11. 12. 13. 14. 15. All interior and exterior public streets shall be constructed to public street standards. Street striping and signing shall be installed to the Director of Public Services. of the All street 1 sections shall be submitted to, and approved by the Director of Public Services prior to approval of street ' plans or when directed by the City's Soils Engineer. treet ' plans prepared on standard size sheets by a Registered ivil Engineer shall be for approval by the Director of Public ervices prior to map approval. Plan check and expenses shall e paid by the developer at time of first submittal of said plans. A1 exterior street imp shall be ~ prior to issuance of bu lding permits, to the of the Director of Public Services or pr or to the expiration of a standard agreement for its wh chever comes first. Street that include, but are not limited to: a, Sidewalks e. Cross gutter b. f. Alley gutter __c. Wheel chair ramps X g. Street paving d. Curb and gutter h. Alley paving shall be ~ prior to the occupancy of the units to the satisfac- tion of the Director of Public Services or prior to the expiration of a standard agreement for its whichever comes first. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to of bonds and improve- ments, to the satisfaction of the Department of Public Services. Prior to any work being performed in the public right-of-way, a right-of- way permit shall be obtained from the Public Services office and appropriate fees paid, in addition to any other permits Street imp and Ordinance standards for: shall be made in accordance with City a. Urban streets - Dedicated Local Standards (Country Squire Drive and Footman Court). b. Circulation Element - Collector Road Standards (Stone Canyon Road). Resolution No. P- 89-04 Page 7 16. The developer shall pay the Traffic Mitigation Fee at the established rate at the date of the final or the date the of is issued, occurs later, but a security deposit shall be posted with the City's Public Services Department prior to map approval. DRAINAGE AND FLOOD CONTROL I drains will be required at locations specified by the Director of Public Services and in accordance with standard engineering practices. A drainage sy tem capable of handling and disposing of all surface water originatin w thin the subdivision, and all surface waters that may flow onto the s bd vision from adjacent lands, shall be required. Said drainage system sba 1 nclude any and as required by the Director o Public Services to properly handle the The Master Plan of Drainage Fee shall be paid at the established rate in with the Drainage at the date of final or at tile date the certificate of occupancy is issued, whichever occurs later, but a security deposit shall be posted with the City's Public Services prior to map approval. C mi tted. flows across driveways and/or sidewalks shall not be per- UTILITIES All proposed electrical lines less than 34.5 KV and cable TV/phone lines utilities within the project shall be installed underground including existing utilities along Circulation Element roads and/or highways. Utility shall be provided to the specification of the serving utility companies and the Director of Public Services. The developer shall be responsible for the existing public utilities, as required. and § of Water, sewer, and fire p systems plans shall be designed and to meet rec of the City of Poway and the Health Department of the County of San Diego. Prior to acceptance of property for sewer service, improvement area shall occur. to the sewer 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 deter- mined by the cost of the analysis and shall be paid upon demand by the City. No. P- 89-04 -- Page 8 The applicant shall, within 30 days after receiving approval of the ten- tative tract map, apply for a Letter of Availability ILOA) to reserve sewerage availability and post with the City, a fee equal to 20% of the sewerage fee in effect at the time the LOA is issued. shall a light system conforming to City of Poway at no cost to the public, subject to the following: Cut-off 1 shall be installed which will provide true 90 degree cutoff and prevent p of light above the from the lowest point of the lamp or light emitting refractor or device. All fixtures shall use a clear, low pressure sodium vapor light source. Advance energy charges and District engineering charges shall be paid by the developer. of to the lighting district shall be accomplished and evidence shall be accomplished at the time of final inspection or of occupancy, whichever occurs first. eo Locations of new street lights shall be as designated by the City's Public Services Department. Cable services shall be provided and installed underground. The developer shall notify the Cable company when trenching for utilities is to be accomplished. MISCELLANEOUS All street right-of-way and utilities (i.e., water, sewer, drainage) to the City of Poway shall be offered in the final map. A Fire Department access easement ~, the dimension of which is 20 feet wide by 30 feet long and normal to Footman Court, all in Lot 8 shall be to the City of Poway and the offer thereof shall be made in the final map. A 15 foot wide sewer line flatly graded, along the westerly por- tion of Lot i from Footman ourt thence to said lots southerly property line, shall be ded cated to the City of Poway and the offer thereof be made in the fina map. No. P-89-04 Page 9 A 15 foot wide storm drainage easement, flatly graded, along the westerly portion of Lot 2 from Footman Court thence to said lots property line shall be dedicated to the City of Poway and the offer thereof be made in the final map. An additional 20 foot wide easement along the southerly portion of Lot 1 shall also be dedicated. A 30 foot wide sewer and storm drain easement along the full length of the pole portion of Lot 1, shall be dedicated to the City of Poway and the recordation thereof be done prior to map approval. o A clear space easement if along the northerly boun- dary and contiguous with Stone Canyon Road shall be dedicated to the City of Poway and the offer thereof be made on the final map. Street improvement plans (to include all ublic imp ~ with the full development of the subdivis on) shall be submit ed to the City's Public Said plans sha 1 be approved, start ard agreement for its executed and posted prior to inal map approval. Grading plan for the subd development shall be submitted to the City's Public Services Department. Said plan shall be approved and securi- ties posted prior to building permit ' APPLICANT SHALL CONTACT THE SAFETY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. SAFETY SERVICES A new fire hydrant shall be installed on the property line between Lots 2 and 3. 2. Roof covering shall meet Class A fire retardant testing as in the Uniform Building Standards No. 32-7 for fire roof. Approved numbers or shall be placed on the buildings in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background. Minimum height of address numbers shall be four inches. Address may be required at private driveway GENERAL Prior to recordation of the final map a Notice of Intention to form Landscape and/or Lighting shall be filed with the City Council. The engineering costs involved in district formation shall be borne by the developer. No. P-89-04 Page 10 3. 4. 5. 6. Final parcel and tract maps shall conform to City standards and procedures and the State Subdivision Map Act and Land Act. Should this subdivision be further divided, each final map shall be sub- mitted for approval by the Director of Public Services. All p ' ' of the Subdivison Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. Prior to final map approval, all dedications shall be made and granted as required above. The map approval shall expire on January 10, 1991 unless an application for time is received 90 days prior to expiration in accordance with the City's Subdivision Ordinance. APPROVED and ADOPTED by the City Council, of the City of Poway, State of this lOth day of January, 1989. ATTEST: da~ ~puty Mayor No. P- 89-04 Page 11 STATE OF C ) COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing R No. P-89-04 , was duly adopted by the City Council at a meeting of said City Counci the lOth day of January , 1989, and that it was so adopted by the following vote: AYES: GOLDSMITH, HIGGINSON, BRANNON NOES: NONE ABSTAIN: NONE ABSENT: EMERY, KRUSE R/R-l-lO.4-14 of~w~ay ~ Ur~ ~ City