Res P-91-22NO. P-91-22
A OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 89-12 AND
91-01
PARCEL NUMBER 275-232-41
Tentative Tract Map 89-12 hereinafter "Map" nd
91-01, submitted by Milivoj and Eva
pplicants, for the purpose of subdividing real property situa ed
n the City of Poway, County of Sa Diego, State of Californ a,
escribed as Par el 4 of Parcel Map 873, of a portion of Lot 2 of
Sect on 35, Township 1 South, Range 2 West, San
Bernardino Merid an in the County of an Diego, State of California
regularly came efore the City Council for public hearing and
action on April 2, 1991; and
the Director of Planning
approval of the Map subject to all conditions
Planning Services Department report; and
has 9ed
set forth in the
the City Council has read and considered said report
and has considered other presented at the public hearing.
NOW, the City Council does hereby resolve as
follows:
The City Council finds that the project will not have a
significant adverse impact on the t and hereby
issues a Negative Declaration with mitigation
Section 2: Findin :
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 imp of the tentative tract map is
consistent -ith all applicable general and specific
plans; in t at improvements adhere to the development
standards o the City of Poway Zoning Development Code
and the Sub ivision Ordinance.
Resolution No. p-91-22
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 subdivision is not likely to cause
substantial environmental damage and avoidable injury to
humans and wildlife or other habitat; in that the site
has been p disturbed and that major drainage
improvements will help to mitigate potential flooding.
The tentative tract map is not likely to cause serious
public health problems because City water and sewer
systems will be provided to the new parcels. Low flow
lumbing fixtures will be required throughout future
ildings on the site. Landscaping plans will eventually
e prepared with minimal water consumption and
ncorporating low volume irrigation techniques for trees
and shrubs.
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 subdivision.
91-01
There are special circumstances applicable to the
property (size, shape, topograp v, 1 or
surroundings), or the intended use o the property, and
because of this, the strict applica ion of the zonin
O dinance deprives the property of r vileges enjoyed b
o her p operties in the vicinity u der identical zonin
c assif cations. Two of the su_ ec lots are positione
a ong t e bulb of a cul- e-sac w ic limits the depth o
these ors. The sub ect si e is "L" shaped an
contiguous to an existin separa e lot which defines the
edges of the project bo daries.
Granting the or its odif' is y
for the preservation and en oyment of a substantial
property right possessed by v her property in the same
vicinity and zone and denied o the property for which
the is sought. Lots 4 - 7 of Tentative Tract
Map 90-04 were granted a similar variance for lot width.
SITE
1.
No. P-91-22
Page 3
Granting the or its modification, will not be
materially detrimental to the public health, safer' or
welfare, or injurious to the property or imp in
such vicinity and zone in which the is~
in that a home of standard width and depth can stil be
constructed on each lot and comply with requ red
setbacks.
The granting of this does not constitute a
special privilege tent with the limitations u on
other properties in he vicinity and zone in which s ch
property is in that other residences in he
same vicinity have een constructed using similar ot
depths.
The granting of this variance 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 modification will not be
incompatible with the Poway General Plan.
Section 3: Cit Council Decision:
The City Council hereby approves Tentative Tract Map 89-12 and
Variance 91-01 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
Covenant on Real Property.
SHALL CONTACT THE OF
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Site shall be developed in accordance with the approved site
plans on file in the Planning Department and the
conditions contained herein.
Future homes plotted for Lots 2, 4, and 5 shall meet all
minimum 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
of Planning Services.
Page 4
No. P-91- 22
The and tentative tract map shall expire on April 2,
1993. An application for a time extension for the tentative
tract map must be received 90 days prior to expiration in
accordance with the City's Zoning Ordinance.
Ail raded slopes greater than five feet in height shall be
land caped and irrigated, and those three feet or greater
shal be planted, in accordance with adopted Poway Landscape
Stan ards.
The development shall be annexed into Landscape Maintenance
District 83-01 at a 100 percent rate of $102.31 for FY 90-01.
to the satisfaction of the Director of Public prior
to final map approval. Rate is subject to change.
A detailed landscape and irrigation plan shall be to
and approved by the Public Department and Planning
Department prior to the ' of building permits.
Street tre s, a minimum of 15 gallon size or larger, shall be
installed n accordance 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 st
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 devel er shall provide for the of the
equestrian/ edestrian trail system in accordance with the
adopted sta dards and to the satisfaction of the Director of
Public Serv ces prior to building permit
No. p-91-22
Page 5
Dedicate the Master planned equestrian/pedestrian trails to
the satisfaction of the Director of Public Services in
with the Master Plan of Trails
The developer shall pay the Park Fee at the established rate
prior to or at the date of final inspection, or the date of
the Certificate of Occupancy, whichever occurs later, but a
security deposit shall be posted with the City's Engineering
Department prior to map approval.
*3.
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 att wall, a of six feet in height
shall be constructed at top of graded slope so as to
adequatel' shield the lots from street noise emanating from
oad. In addition, no two story homes or second
story may be permitted on the lots unless it can be
demonstra ed 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 two feet in
elevation from those shown on the tentative map, City Council
approval will be required prior to grading.
Grading of the subject property shall be in with
the Uniform Building Code, City Grading Ordinance, approved
grading plan and geotechnical report, and accepted grading
practices.
The grading plan shall cont in a certificate signed b' a
registered civil engineer tha the grading plan has prese ved
a minimum of 100 square feet o solar access for each dwel lng
unit and for each future build ng site within the subdivis on.
A geological report shall be prepared by a qualified engineer
or geologist licensed by the State of California to perform
such work at first submittal of grading plan.
Resolution No. P-91-22
Page 6
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, comes first.
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
Ail Circulation Element roads shall be dedicated and improved
to Circulation Element road standards and to the
specifications of the Director of Engineering
Vehicular access rights to Circulation Element roads shall be
dedicated to the City of poway and labeled on the final map to
the satisfaction of the of Engineering or by
separate document.
Ail interior and exterior public streets shall be constructed
to public street standards.
S dewalks 4.5 feet in width shall be required on both sides of
t e interior street and on one side of Pomerado Road.
S dewalk may be omitted on the south side of the internal
s reet where shown on the tentative map.
Street striping and signing including Pomerado Road shall be
installed to the satisfaction of the Director of Engineering
Services.
Ail street structural sections shall be submitted to and
approved by the of Engineering
Street improvement plans prepared on standard size sheets by
a Registered Civil Engineer shall be submitted for approval by
the Director of Engineering Plan check and
inspection expenses shall be paid by the developer.
Ail exterior street improvements shall be constructed prior to
of building permits, to the satisfaction of the
of Engineering
No. P- 91-22
Page 7
10.
11.
12.
13.
*1.
Street improvements that include, but are not limited to:
x Sidewalks X
x
X Wheel chair ramps X
X Curb and gutter
C oss gutter
A ley gutter
S reet paving
A ley paving
shall be ted prior to the occupancy of the units to
the satisfaction of the of Engineering
Ail damaged off- ite public works facilities, including
parkway trees, s all be repaired or replaced prior to
exoneration of bon s and improvements, to the satisfaction of
the Department of ngineering
Prior to any w rk being performed in the public right-of-way,
an encroachmen permit shall be obtained from the Engineering
depar ment and appropriate fees paid, in addition to
any other perm ts required.
Street improvements an maintenance shall be made in
accord nce with City 0rd nance for Urban Streets.
he of -site portion of he street may be constructed at 24
eet o paving in 40 fee of right-of-way with sidewalks on
oth s des. The on-site portion shall be at 36
eet o paving within 54 feet of right-of-way with transitions
as shown on the tentative map.
The developer shall pay the Traffic Mitigation Fee at he
established rate prior to f nal map approval or secur t-
posted for 100 percent of the ee. In the event that secur t'
is posted, the fee must be pal in full prior to a request o
final occupancy at the rate n effect at the time of fina
payment.
AND FLOOD CONT~OL
A comp hydrologic and hydraulic study shall be
performed to determine the adequacy of the existin metal
storm drain across this pro erty. Additionally, th soils
engineer shall examine the pi e and perform a resistivi v test
on the surrounding soil an render an opinion as the
probable remaining life of t e drainage system.
If it is determined that any portion of the storm drain is
inadequate to convey the 100 year design storm without
surcharge or that the life expectancy of the pipe is less than
40 years, the storm drain must be replaced, in its entirety on
site. All new and replacement storm drain must be reinforced
concrete pipe.
*3.
Page 8
No. P-91-22
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
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
established rate in accordance with the Drainage Ordinance
prior to final map approval or security posted for 100 percent
of the fee. In the event security is posted, the fee must be
paid in full prior to a request for final occupancy at the
rate in effect at the time of final payment.
Concentrated flows across driveways and/or sidewalks shall not
be permitted.
Ail proposed utilities within the project less than
shall be installed underground including existing
along Circulation Element roads and/or highways.
34.5 KV
Utility easements shall be provided to the specification of
the serving utility companies and the Director of Engineering
The developer shall be responsible for the relocation and
undergrounding of existing public utilities as required.
Water, sewer, and fire p systems plans shall be
designed and constructed to meet requ' 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 prior to improvement plan
submittal.
10.
Resolution No. P-91-22
Page 9
The applicant shall, within 30 days after receiving approval
of the tentative tract map apply for a Letter of Availabil ty
(LOA) to reserve sewerage lity and post with the Ci y,
a fee equal to 20% of he
appropriate sewerage connection fee in effect at the time he
LOA is issued.
Developer shall construct a light system ~ 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 refractor 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 is to be accomplished.
Developer shall comply with any tion offset
requirements of the City of Poway in effect at the time of
of building permits.
SHALL THE OF SAFETY
WITH THE
Two new fire hydrants shall be installed at the following
locations: the eastern property line of Lot 2 and the property
line for Lot 4 and Lot 5.
Ail p of the Suk Ordinance of the Poway
Municipal Code shall be met as they relate to the division of
land.
2. Final tract map shall conform to City standards and
procedures.
Resolution No. P-91-22
Page 10
Should this subdivision be further divided, each final map
shall be submitted for approval by the Director of Engineering
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.
The tentative map approval shall expire on April 2, 1993. An
application for time extension must be received 90 days prior
to expiration in accordance with the City's
and
State of California, this
ATTEST:
by the City Council of the City of Poway,
2nd day of April, 1991.
~hlsten, City Clerk
STATE OF )
) SS.
COUNTY OF SAN DIEGO )
Resolution No.
Page 11
P-91 -22
I, MarJorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the
Resolution, No. ~-91-22 , was duly adopted by the City CoUncil
at a meeting of said City Council held on the 2nd day of
April , 1991, and that it was so adopted by the following
vote:
AYES: EMERY,
NOES: NONE
NONE
ABSENT: NONE
HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
Marj o~ie~ y i
City ~oway
rk