Res P-91-02NO. P- 91-02
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING TRACT MAP 90-04 AND
VARIANCE 90-14
PARCEL NUMBER 275-232-1
5
WHEREAS, Tentative Tract Map 90-04 hereinafter "Map" and
90-14, submitted by Alan Royster and Jerry and Angela L e,
pplicants, for the purpose of real property
n the City of Pow y, County of San Die~o, State of Californ a,
escribed as a port on of Lot 2, Section 35, Township 13 accord ng
o the Official P at thereof, regularly came before the Cty
Council for public earing and action on January 8, 1991; and
WHEREAS, the Director of Planning Services has 9ed
approval of the Map subject to all set forth in the
Planning report; and
the City Council has read and considered said report
and has considered other evidence presented at the public hearing.
NOW, the City Council does hereby resolve as
follows:
Section 1: :
The City Council finds that the project will not have a
significant adverse impact on the and hereby
issues a Negative Declaration with mitigation
The proposed project will be consistent with the existing
general plan and there is a reasonable probability that
the project will be consistent with the proposed general
plan.
The tentative tract map is consistent with the
Comprehensive Plan in that single-family housing is
proposed for development.
The design or improvement of the tentative tract map is
consistent i h all applicable general and specific
plans; in t a improvements adhere to the development
standards o t e City of poway zoning Development Code
and the Sub iv sion Ordinance.
Resolution No. P-91-02
Page 2
The site is physically suitable for the type of
development proposed; in that the site is gently sloping
and can accommodate the number of lots proposed.
The site is physically suitable for the density of the
development proposed. The site will be developed in
conformance with density criteria of the RS-4 zone.
The design of the suk is not likely to cau e
substantial environmental damage and avoidable injury o
humans and wildlife or other habitat; in that the site s
wholly d and that major imp
will help to mitigate potential flooding.
The tentative tract map is not likely to cause serious
public health problems; in that all lots will be served
by public water and sanitary sewer
The design of the tentative tract map will not conflict
with any easement by the public at large, now of record,
for access through or use of the property within the
proposed subd
90-14
There are special circumstances applicable to the
property (size, shape, topograp v, location, or
surroundings), or the intended use o the property, and
because of this, the strict applica ion of the Zonin
Ordinance deprives the property of pr vileges enjoyed b
other properties in the vicinity under identical zonin
classifications. The subject lots are positioned alon
the bulb of a cul-de-sac. The subject site is "L" shape
and contiguous to an existing separate lot which defines
the edges of the project boundaries.
Granting the variance, or its odif' is
for the preservation and en oyment of a substantial
property right posse sed by ~ her property in the same
vicinity and zone an denied o the property for which
the is sough Lots 1 and 2 of Tentative Tract
Map 8 -13 were grante a similar to lot width.
In ad ition, lots wi hin the immediate neighborhood -
parce s 2, 3, 6, 11, 14, and 15 of Parcel Book
275, age 740, located on Footman Court also contain less
than a 70 foot width.
Granting the or its modification, will not be
materially detrimental to the public health, safety or
welfare, or injurious to the property or improvements in
such vicinity and zone in which the property is located,
SITE
1.
Resolution No. P-91-02
Page 3
in that a home of standard width and depth can still be
constructed on each lot and comply with required
setbacks.
The granting of this variance does not constitute a
special privilege in onsisten with the limitations u on
other properties in he vicin ty and zone in which s ch
property is situate , in tha other residences in he
same vicinity have een cons ructed using similar ot
widths.
The granting of this does not allow a use or
activity which is not otherwise expressly authorized by
the zoning regulation governing the parcel of property.
Granting the or its tion will not be
incompatible with the Poway General Plan.
Lon:
The City Council hereby approves Tentative Tract Map 90-04 and
90-14 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 property owner shall execute a
on Real Property.
SF~ALL CONTACT THE OF
WITH THE
Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
conditions contained herein.
Future homes plotted for Lots 4, 5, 6, and 7 shall meet all
setbacks.
Prior to any use of the project site or business activity
being ] thereof, all conditions of approval contained
herein shall be completed to the satisfaction of the Director
of Planning
The variance approval shall expire on January 8, 1992. An
app for time must be 90 days prior
to expiration in accordance with the City's Zoning
Resolution No. P-91-02
Page 4
Ail graded slopes
and
shall be p'
Standards.
greater than five feet in height shall be
and those three feet or greater
with adopted Poway
The development
Public
shall be annexed into the closest Landscape
to the of the of
prior to final map approval.
A detailed landscape and irrigation plan shall be submitted to
and approved by the Public and Planning
Services Department prior to the ' of building permits.
Street tre s, a minimum of 15 gallon size or larger, shall be
installed n with the City of Poway ordinance and
shall be p anted at an average of every 30 feet on interior
streets an 20 feet on exterior streets.
Ail landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
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 CC&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 traffic.
The developer 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
Public prior to building permit
Dedicate the Master planned equestrian/pedestrian trails to
the satisfaction of the Director of Public Services in
with the Master Plan of Trails Element.
The developer shall pay the Park Fee at the established rate
prior to or at the date of final inspection, or the date of
Resolution No. P-91-02
Page 5
the Certificate of Occupancy, whichever occurs later, but a
security deposit shall be posted with the City's Engineering
Services Department prior to map approval.
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
Ail 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.
A noise attenuation wall, a of six feet in height
shall be constructed at top of raded slope so as to
adequatel- shield Lots 4, 5, and 6 fr m street noise emanating
from Pome ado Road. In addition, no wo story homes or second
story add tions may be permitted on hese lots unless it can
be demons rated that interior noise levels as required in the
Poway Noise Ordinance can be met.
SHALL CONTACT THE OF
WITH THE
If pad elevations increase by greater than
elevation from those shown on the tentative map,
approval will be required prior to grading.
two feet in
City Council
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.
The grading plan shall c nt in a certificate signed b' a
registered civil engineer ha the grading plan has prese red
a minimum of 100 square fee o solar access for each dwel lng
unit and for each future bu ld ng site within the subdivis on.
A soils report shall be prepared by a qualified engineer
licensed by the State of California to perform such work
at first submittal of grading plan.
The final grading plan shall be subject to review and approval
by the Planning and Engineering Services Departments and rough
grading shall be completed prior to issuance of any building
permit, whichever comes first.
Resolution No. P-91-02
Page 6
A pre-blast survey of surrounding property shall be conducted
to the satisfaction of the City Engineer prior to any rock
blasting. Seismic recordings shall be taken for all blasting
and blasting shall occur only at locations and levels approved
by the City Engineer. All residents within 500 feet shall be
notified 24 hours prior to any blasting.
STREETS AND ~
The interior street, dentified as Footman Lane on the
tentative map, ~11 be mproved to City of Poway's Urban Road
Dedicat d Locu Stree Standards with a modified right-of-
way widt of 2 fee wide. All other criteria and
specifica ions s all be per Sections and
of the Cty Co e. Said improvements shall include full
improvements fronting Parcel Number~275-232-05.
*2.
Stone Canyon Road contiguous with the development's boundary
shall be improved to City of Poway's Circulation Element -
Collector Road Standards. Im rovement shall include, but is
not to be limited to, widen ng the pavement width f th
street's southerly half to 0 feet wide, construct on o
concrete curb and gutter 4.5 oot wide sidewalk, strip ng an
grading, structural section shall be designe base
on a traffic index of 7.5.
*3.
Pom rado Road contiguous to the development's bo, ndar' shall
be mp oved to City of Poway's Circulation Elemen - 1
Roa S andards. Improve ents shall but s no to be
lim te to, widening he pavement width of t e s reet's
eas er y half to a ign with adjacent improvements,
construction of concre e curb and gutter, 4.5 foot wide
sidewalk, striping, and grading.
Vehicular access rights to Road and Stone Canyon
Roads shall be relinquished and dedicated to the City of Poway
and labeled on the final map to the satisfaction of the
Director of Engineering Services.
Ail interior and exterior public streets shall be constructed
to public street standards.
Sidewalks 4.5 feet in width shall be required on both sides of
Footman Lane and on one side of Pomerado Road.
Street striping an signing shall be installed to the
satisfaction of the Director of Engineering Services.
Ail street structural sections shall be submitted to and
approved by the Director of Engineering
10.
Resolution No. p-91-02
Page 7
Street improvement plans prepared on standard size sheets by
a Registered Civil Engineer shall be submitted for approval by
the Director of Engineering Services. Plan check and
inspection fees shall be paid by the
Ail exterior street improvements shall be constructed prior to
issuance of building permits, to the satisfaction of the
of Engineering
11. Street improvements that include, but are not limited to:
12.
13.
,14.
*1.
*2.
*3.
X Sidewalks X
Wheel chair ramps
Curb and gutter
X
X
X
X
C oss gutter
A ley gutter
S reet paving
A ley paving
shall be constructed prior to the occupancy of the units to
the satisfaction of the Director of Engineering Services.
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 Engineering Services.
Prior to any work being performed in the public right-of-way,
a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to
any other permits required.
The developer shall pay the Traf ic Mitig tion Fee at the
established rate prior to the fina inspect on. (However, a
security deposit shall be posted w th the C ty's Engineering
Services Department prior to build ng permi ).
AND FLOOD CON'rKOL
Easements shall be dedicated to the City of Poway on the final
map for all y public purposes, including, but not
limited to, storm drain, water, sewer and Landscape
Maintenance District easements.
Intersection drains will be required at locations specified by
the Director of Engineering Services and in accordance with
standard engineering practices.
A drainage system capable of handling and disposing of all
surface water originating within the subdivision, and all
surface waters that may flow onto the subdivision from
adjacent lands, shall be required. Said drainage system shall
Resolution No. P- 91-02
Page 8
include any easements and structures as required by the
Director of Engineering 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
establish d ate in accordance with the Drainage Ordinance
prior to ina inspection. (However, a security deposit shall
be poste wi h the City's Engineering Department
prior to il lng permit ).
Concentrated flows across driveways and/or sidewalks shall not
be permitted.
*1.
*3.
4.
Ail proposed utilities within the project less than 34.5 KV
shall be installed underground including existing utilities
along Circulation Element roads and/or highways.
utility easements shall be provided to the specification of
the serving utility companies and the Director of Engineering
Services.
The developer shall be responsible for the and
undergrounding of existing public utilities as required.
Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City of
Poway and the County of San Diego Department of Health.
Prior to acceptance of property for sewer
to the sewer improvement area shall occur.
annexation
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
analysis and shall be paid upon demand by the City.
The applicant shall, within 30 days after receiving appro"al
of the tract map apply for a Letter of Availabil ty
(LOA) to reserve sewerage availability and post with the Ci y,
a nonrefundable reservation fee equal to 20% of he
appropriate sewerage connection fee in effect at the time he
LOA is issued.
This property retains four EDU's of sewer capacity from prior
improvements. The LOA shall only be y for the three
EDUs appropriated from the All Other Projects Category.
Resolution No. P-91-02
Page 9
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 provide
true 90 degree cutoff and prevent projection of light
above the horizontal from the lowest point of the lamp or
light emitting or device.
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 shall be accomplished at the
time of final inspection or Certificate of Occupancy,
whichever occurs later.
Cable television services shall be provided and installed
underground. The developer shall notify the cable company
when trenching for utilities is to be accomplished.
SHALL THE OF SAFETY
WITH T~E
Roof covering shall meet Class A fire retardant testing as
specified in the Uniform Building Standards No. 32-7 for fire
roof covering , per City of Poway
No. 64.
A proved numbe s or addresses shall be placed on the building
i such a posi ion as to be plainly visible and legible from
t e street fron ing the property. Said numbers shall contrast
w th their bac Ground. Minimum height of address numbers
s all be four inches. Address may be required at private
driveway entrances·
A new fire hydrant shall be installed on the property line
between Lots 3 and 4.
Ail p of the Subdivision 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
easements granted as required above.
Page 10
No. P- 91-02
The tentative map approval shall expire on January 8, 1993.
An application for time extension must be received 90 days
prior to expiration in accordance with the City's Subdivision
and by the City Council of t
State of California, this 8th day of January 1991
ATTEST:
City of Poway,
MarJorie ] y ~
STATE OF )
)
COUNTY OF SAN DIEGO )
SS.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
No. P-91-02 , was duly adopted by the City Council
at a meeting of said City Council held on the 8th day of__
Janua~ , 1991, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
MarJorie y ,;lerk
City of Poway