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Res P-89-122RESOLUTION NO. P- 89-122 OF TH CI Y UN IL F T CI Y OF OW , AL OR IA AP ROV G T NTATI E AC M 8 -04 ASSESSOR' PA EL UMBER 3 -2 2- , 8, 09, 16, 7, 9; 31 -2 -0 , WHEREAS, Tentat ve ract Map 89-04, hereinafter "Map" submitted b Anthony Aviano, or he purpose of subdi iding the real property s tuated in the City f oway, oun y of San Dleg , Sta e of C as that portion o t e nort wes quarter of t e sou hwest quarter of Sec ion 3, Townshlp 4 outh, ange 2 West, San ernar ino Base Meridian in o 13 lots, regularly came before the City Councl for public hearing and ac ion on October 10, 1989; and WHEREAS, the Director of Planning Services has recommended approval of the map subject to all set forth in the Planning Services Department report; and WHEREAS, the City Council has read and said report and has con- sidered other evidence presented at the public hearing. NOW, THEREFORE, the City Council of the City of Poway does resolve as follows: Section The City Council finds that the Negative measures is adopted based on review of the with mitigation Initial Study. S( : The City Council makes the following findings in regard to Tentative Tract Map 89-04 and the map thereof: The tentative tract map is consistent with all applicable general and specific plans. The Pomerado Way Specific Plan is underway which may allow alternate uses on the RS-2 portion of the property. e The design or improvement of the tentative tract is consistent with all applicable general and specific plans in that the tract map is designed to comply with the RS-2 RA and OS zoning. The site is physically su table for the type of development proposed in that the gentle to modera e topography will allow for construction of the access road and build ng pads on each of the lots with either RS-2 or RA zoning and the port OhS of the property that are not suitable for development are zoned Open Space i.e., Lot 13 and Lot A. Resolution No. P- 89-122 Page 2 ® e Be The design of the subdivision is not likely to cause substantial tal damage and avoidable injury to humans and wildlife or their habitat in that a study has been prepared of the that would be affected and mitigation measures proposed to minimize such effects. The tract map is not likely to cause serious health problems in that the property would be served by sanitary sewer service and domestic water provided by the City. The design of the tentative tract map will not co flict with any ease- ment acquired by the public at large now of recor for access through or use of the property within the proposed since an ease- ment for the Stowe Drive extension has been consi ered for public bene- fit of property owners along Old Pomerado Road. That this project will not create adverse impacts on the and a negative declaration with mitigation measures has been recom- mended based on the envi initial study. The effect of subdivision approval on the housing needs of the San Diego region have been considered and balanced against the public ser- vice needs of Poway and available fiscal tal The design of the subdivision has provided, to the extent feasible, for future passive or natural heating or cooling opportunities in the 10. The tent tive tract map will create 12 residential lots and one open space lo within the RS-2, RA, and OS zones. The project qualifies for sewer al ocation per Ordinance No. 281 by providing the following bene- fits to he community: ae Public improvements to New Pomerado Road and the Stowe Drive including curb, gutter, sidewalk, street lights, and fire hydrants. be The project is an "in-fill" project as defined by the Land Use Element of the Poway Comp Plan. Sect Council Decision: Tentative Tract Map 89-04, a copy of which is on file in the Planning Services Office, is hereby approved subject to all of the following Resolution No. P-89-122 Page 3 Within 30 days of approval the applicant shall submit in writing that all of approval have been read and APPLICAHT SHALl. COHTACT THE DEPARI*NEHT OF PLANHIHG SER¥ICE~ REC~P, DIHG CQNPLIAHCE THE FOLLOgIHG ~HI)ZTI(X4~: 1. Lots 6, 7, and 9 are required to have an average width of 100 feet. Adjust the lot lines to comply with this zoning requirement. 2. Delete Lot 10 and modify Lots 2 and 11 to allow for the Stowe Drive exten- sion in an "S" curve design. 3. Modify the boundary lines between Lots 2 through 9 so that all lots meet the minimum requirements of the RS-2 zone for net lot area, width, and depth. SITE DEYELOPNENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 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. For a new reside tial dwelling unit{ ), the applicant shall pay devel pment fees at the esta lished rate. Such ees may include, but not be limi ed to: Permit and Plan hecking Fees, Schoo Fees {in accordance with City-a opted policy and/or ), Water and ewer Service Fees. These fees s all be paid prior to bu lding permit Street names shall be approved by the Planning Services Department prior to the recordation of the final map, and street addresses shall be provided prior to the issuance of building permits. LAHI)~APIHG A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Services Department prior to the issuance of building per- mits. 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. 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 Resolution No. p_89-~22 Page 4 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 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. Aminimum of 0 trees per gross acre, compr sed of the following sizes, shall be prov ded within the d 2 % - 24" box or larger, 70% - 15 gallon, and 1'% - 5 gallon to the satisfact on of the Director of Planning Services and n accordance with the approve landscape plan in all multifa- mily and PRD projects. All landscaped areas shall be maintained in a healthy and thriving con- dition, free from weeds, trash, and debris. All landscape plans and landscape development will conform to the City of Poway Guidelines to Landscape Development and City of Poway Landscape Standards. All developments required to construct public LMD imp will be responsible to maintain those facilities for a 12 month period to City standards. 9. To annex into the appropriate LMD prior to final map approval. 10. A detailed plan for LMD to conform to the City of Poway Guidelines to landscape development and approved by the Director of Community Services prior to building permit ' 11. To construct all LMD imp prior to building occupancy. REC;RF. ATION On lots having a private or public equestrian/pedestrian trail on or adja- cent 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 accor- dance with the adopted sign and to the of the Director of Community Services prior to building permit ' Resolution No. P-89-122 Page 5 An open space easement shall be granted to the Clt over, upon, across and under the area defined on the final maps as an equ strian/pedestrtan trail and no bulldlng, or other things shall e erected, placed or malntain ed on subject easements except or the construction and of said trail and structures appurtenant to the trail. Dedicate the Master planned equestrian/pedestrian trails to the sat of the Directors of Community Services in accordance with the Master Plan of Trails Element. 5. Pa~nent of Park Fees in lieu of Parkland O be made prior to building permit issuance. where applicable, shall Se The developer shall pay the Park Fee at the established rate at the date of final inspection, or the date of the Certificate of Occupancy, whichever occurs later. 7. Locate and improve a 15 foot trail easement along the north side of Stowe Drive to Old Pomerado Road. ADOITIONAL &PPROVAL$ 1. Development Review or Minor Development Review shall be accomplished prior to the issuance of a building permit. The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative to the satisfaction of the Director of Planning Services. e When public or private equestrian/pedestrian trails are required as a part of the subdivision, the developer shall display a map in the sales office, of said subdivision, indicating the trails. 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. The developer shall provide a noise display board in the sales office to the satisfcation of the Planning Services Director. The display shall include the site plan and noise study. APPLICANT ~qLL L~NTACT THE PUBLIC SERVICES DEPARTMENT REraAROIN~ ~MPLIAIEE WITH THE FOLLOMIN~ ~NOITIIXqS: r, RAOIN6 Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotech- nical report, and accepted grading practices. Resolution No. P-89-122 Page 6 The grading plan shall contain a certificate signed by a registered civil engineer that the grading plan has a minimum of 100 square feet of solar access for each dwelling unit and for each future building site within the subdivision. A soils report shall be prepared by a qualified engineer licensed by the State of C to perform such work at first of a grading plan. The final grading plan sh 11 be subject to review and approval by the Planning Services and Pub ic Services Department and shall be completed prior to recordation of he final subdivision map or issuance of grading permit, whichever comes f rst. A letter from the project civil engineer certifying the site 9radln9 shall be submitted to the City prior to issuance of building permits. A final compaction report from the project geotechntcal engineer shall be submitted to the City prior to issuance of building permtts. STREET~AgDSZDEgALI~ All streets shall be dedicated to the public on the final map and improved to City standards for dedicated Urban Local Collector per Section 12.2D.080 of the Poway Municipal Code. The developer shall be responsible for modification of the existing traffic signal at Stowe Drive and Pomerado Road to eight-phase signal. Street striping and signing and traffic signal modification shall be to the satisfaction of the Director of Public Services. All street structural sections shall be submitted to, and approved by the Director of Public Services. Street sections shall be designed by the CalTrans method. The alignment of the roadway shall accommodate a through alignment from New Pomerado Road to Old Pomerado Road. The alignment shall be subject to the approval of the Directors of Public Services and Planning Services. treet improvement plans prepared on standard size sheets by a Registered ivil Engineer shall be submitted for approval by the Director of Public ervices. Plan check and inspection expenses shall be paid by the deve- oper. Resolution No. P- 8g-[22 Page 7 7. Street improvements that include, but are not limited to: a. idewalks X e. oss gutter b. f. ley gutter __c. heel chair ramps X .g. reet paving d. urb and gutter h. ley paving shall be prior to the occupancy of the units to the tion of the Director of Public Services. Be All damaged off-site public works facilities, including landscaping, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Services. ge Prior to any work being performed in the public rig an ment permit shall be obtained from the Public Services office and appropriate fees paid, in addition to any other permits required. 10. Street imp and shall be made in with City Ordinance standards for Urban Streets Local Collector {60'/40'). 11. The developer shall pay the Traffic Mitigation Fee at the established rate at the date the final inspection or the date the Certificate of Occupancy is issued, whichever occurs later. DRAIHAGE AHI) FLIX)O COgTROL A drainage sy tem capable of handling and disposing of all sur ace water originatin w thin the subdi ision, and all surface waters tha may flow onto the s bd vision from ad acent la ds, shall be required, aid drainage system sha 1 nclude any eas merits an stru tures as required y the Director o Public Services o proper y han le the drainage, torm drain shall be at least 0 feet w de. n all weather access road shall be provided over all easemen s locate outs de of the street. Portland cement concrete cross gutters shall be installed where water crosses the roadways. e The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance at the date of final inspection or at the date the certificate of occupancy is issued, whichever occurs later. 4. C mitted. ~ flows across driveways and/or sidewalks shall not be per- UTILITIES 1. All proposed utilities within the project shall be installed underground. Resolution No. P- 89-122 Page 8 ge Utility easements shall be provided to the specification of the serving utility companies and the Director of Public Services. The shall be for the existing public utilities, as required. and of Water, sewer, and fire protection systems plans shall be designed and to meet requirements f the City of Poway and the Health Department of the County of San D ego. All on-site and off-site water, sew r, and storm drain lines shal be shown on the improvement plans. A 20 foo wide easement shall be provi ed for all utilities outside of the rig An all weather access road shall be provided over all ease- men s outside of the street pavement. Prior to acceptance of property for sewer service, annexation to the sewer improvement area shall occur. T e applicant shall pay for a water system analysis to establish the proper s ze and location for the public water system. The amount will be deter- m ned by the cost of the analysis and shall be paid upon demand by the C ty. The applicant shall, within 30 da s after receiving appr val of the ten- tative tract a , ap ly for a Let er of Availability (LO) to reserve sewerage avai a ilit and post wi h the City, a nonrefun able reservation fee equal to 0 of he appropria e sewerage ee in effect at the time the 0 is ssued. Developer shall construct a light system conforming to City of Poway Standards at no cost to the public, subject to the following: ae Cut-off shall be installed which will provide true 90 degree cutoff and prevent projection of light above the from the lowest point of the lamp or light emitting refractor or device. be 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. Annexation to the lighting district shall be accomplished and evidence of annexation shall be accomplished at the time of final inspection or certificate of occupancy, whichever occurs later. Cable services shall be provided and installed underground. The developer shall notify the Cable company when trenching for utilities is to be accomplished. Resolution No. P-89-122 Page 9 A~PLZCAHT SH~LL COHTACT THE ,~AFETY SERVZCE~ DEPARTNEHT REGARDZH~ CQNPLZAHCE #ZTH THE FOLLO~IH~ CQNOITI~: 1. New fire hydrants to be at to be by the City Fire Marshal. 2. A11 in excess of 150 feet to the house will be required to have a for Fire apparatus meeting Fire Department AND APPROVALS If Covenants, C and Restrictio s (CC&R'), or a h , asso- iation are estab ished, a copy of the C&R's an /or Articles of ncorporation of he shal be subject to th review or compliance wi h herein, o the sa isfaction of the ity ttorney and Director of Planning Services, and shall be filed wit the ecretary of State, the County Recorder and the City Clerk at the ime of inal map tion. Prior to recordation of the final map, a Notice of Intention to form Landscape and/or Lighting Districts shall be filed with the City Council. The engineering costs involved in district shall be borne by the developer. Final parcel and tract maps shall conform to City standards and procedures. e By separate document prior to the recording of the final subdivision map, or on the final subdivision map, there shal be granted to the City, an o en space easement over Lots 13 and A. Sa d open space easement shall be a proved as to form by the City Attorney an shall limit the use of said o en space to recreational purposes, includ ng buildings, structures and i..provements. All provisions of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. Se Prior to final map approval, all dedications shall be made and easements granted as required above. APPROVED and ADOPTED by the City Council~ the City of Poway, State of California, this loth day of October, 1989. /,, Carl R. Kruse, Mayor ATTEST: Mar No, P- 89-122 Page 10 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Mar orte K. Wahlsten, City Clerk of the City of oway, do hereby certify, under the enalty of perjury, that the foregoing No. P-89-122 , was duly adopt d by the City Council at a meeting of said Cty Council held on the lOth day o October , 1989, and that it was so adop ed by the following vote: AYES: GOLDSMITH, HIGGINSON, KRUSE NOES: EMERY ABSTAIN: NONE ABSENT: BRANNON R/R-lO-lO.26-35 Marjorie K. ~ City of Poway