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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