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Res P-93-07RESOLUTION NO. P-93-07 OF T CITY COU I T E CITY OF PO Y, CALIFO I AP OV ~ TENTATIVE RCEL MAP -.6, VARIAN~ 9 17, AND DEV ~ .DMENT RE'z 92-16 S PARCEL ER 317-50 - 7 WHEREAS, Tentative Parcel Map 92-06, hereinafter "Map" and Variance 92-17 and Development Review 92-16, submitted by Herrick Development, applicant, for the purpose of subdividing real property situated in th City of Poway, Count f San Diego, State of California, described as Parcel I as sh wn on Record o urv y M p No. 4704, in the City of Poway, Count' o San iego, State o ali orn a, being a portion of the southwest quarter f t e sout.east quarter o ect on 4, Township 14 South, Range 2 West, San ernardino eridian in the oun y o San Diego, State of California, excepting herefrom the northerly 140 feet thereof; WHEREAS, the Director of Planning Services has recommended approval of the project subject to all conditions set forth in the Planning Services report; and WHEREAS, the City Council has required and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: Sectio ;: The City Council finds that adverse impact on the with mitigation measures. the project will not have a significant and hereby issues a Negative Declaration Section 2: Fi : 06 1. The proposed project is consistent with the general plan. The tentative parcel map is consistent with the General Plan in that single-family housing is proposed for development. The design or of the parcel map is with all applicable general and specific plans; in that improvements adhere to the development standards of the City of Poway Zoning Ordinance and the Subdivision Ordinance. o The site is physically suitable for the type of development proposed; in that the site is fairly level and can accommodate the number of lots proposed. o 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-7 zone. Resolution No. p-93-07 Page 2 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 the site has been previously disturbed. The tentative parcel map is not likely to cause s rious public health problems because City water and sewer sys ems will be provided to the new parcels. Low flow plumbing fix ures will be required throughout future buildings on the site. Lan scaping plans will eventually be prepared with minimal water consumption and incorporating low volume irrigation techniques for trees and shrubs. o The design of the tentative parcel 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. Variance 92-17 There are special applicable to the property (size, shape, topography, location, or surroundings), or the intended use of the property, and because of this, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other in the vicinity under identical zoning classif' The property is encumbered by a 20 foot private road easement al ng t'e easterly property line which decreased the developable port on o the property and limits how the project can be designed. Wh le t e property can accommodate a subdivision design having flag lo s, w ich complies with City standards, the most acceptable map des gn requires the lot depth Granting the or its modification, is necessary for the preservation an enjoyment of a substantial property right pos essed by other proper y in the same vicinity and zone and denied o the property for wh ch the variance is sought. Approximately 4 lots within the imme iate vicinity have lot depths ranging from 9 feet to 89 feet. o Granting the or its modification, will not be materially detrimental to the public health, safety or welfare, or to the property or imp in such vicinity and zone in which the property is located, 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 p ivilege ' t with the limitations upon other properties in t e vicinity and zone in which such property is situated, in that o her residences in the same vicinity have been ~ using s milar lot depths. Resolution No. P-93-07 Page 3 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. o Granting the variance or its modification will not be incompatible with the Poway General Plan. ncil The City Council hereby approves Tentative Parcel Map 92-06, Variance g2- 17, and Development Review 92-16 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. APPLICANT SHALL CONTACT THE DEPARTHENT OF PLANNING SERVICES REGARDING COHPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPMENT Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit ' The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit A six foot high solid wood fence or d block wall shall be constructed to enclose the side and rear yard areas of each lot prior to certificate of occupancy. 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 Services. o For each new residential dwelling unit(s), the ap lic t shall pay develo ment fees at the established rate. Such fees m y inc ude, but not be lim ted to: Permit and Plan Checking Fees, School ees ( n accordance with C ty-adopted policy and/or ordinance), Water and ewer ervice Fees. These ees shall be paid prior to final map approval (map and map plan checking); and prior to building permit issuance (water, sewer, drainage, Resolution No. P-93-07 Page 4 traffic mitigation. If deferred to issuance of a certificate of occupancy, a security deposit shall be posted prior to parcel map approval). o pproval of the variance and development review hall become null and void f building permits are not issued for this pr ect within two years from he date of project approval. Application f r time of the parcel map must be received at east 90 days prior to expiration. LANDSCAPING All graded slopes greater than five feet in height shall be landscaped and irrigated, and those three feet or greater shall be planted, in accordance with adopted Poway Landscape Standards. o A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance 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. All landscaped areas shall be d 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. RECREATION 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, but a security deposit shall be posted with the City's Engineering Services Department prior to map approval. ADDITIONAL APPRC The developer shall display a current Zoning and Land Use Map, or suitable alternative, in the sales office at all times, 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. Resolution No. P-93-07 Page 5 Dedicate the Master planned equestrian/pedestrian trails to the satisfaction of the Director of Public Services in accordance with the Master of Trails Element. 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, 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, or suitable alternative, in the sales office at all times, 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. *3. The developer shall contract to have an archaeologist monitor grading and excavation activity at the project. Upon completion of the monitoring program, a brief report shall be filed with the Planning Services Department describing the process and any pertinent d' which may be made. The developer shall set aside 15 percent of the new lots for low income housing and shall be subject to a restriction on the face of the map providing such set aside. If an in-lieu fee is adopted by the Council, with Council approval the developer may opt to pay an in-lieu fee at the rate established by the City Council in place of setting aside 15 percent of the units for low income housing. This fee shall be paid prior to building permit APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COHPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING If pad elevations increase by greater than two feet in elevation from those shown on the map, City Council approval will be required prior to grading. 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. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work: o A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. Resolution No. P-93-07 Page 6 The final grading plan, prepared on a standard size sheet, shall be subject to review and approval by the Planning Services and Engineering Services Departments and shall be completed prior to issuance of a grading permit. 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. A pre-blast survey of surrounding property shall be conducted to t'e satisfaction of the C ty Engineer prior to any rock blasting. Seism c recordings shall be t en for all blasting and blasting shall occur on y at locations and leve s approved by the City Engineer. All residen s within 500 feet shall e notified 24 hours prior to any blasting. 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 subdivision. STREETS AND SIDEWALKS Sidewalks 4.5 feet in width shall be required on the north side of Oak Knoll Road. Street striping and signing including Oak Knoll Road shall be installed to the satisfaction of the Director of Engineering Services. All street 1 sections shall be submitted to and approved by the Director of Engineering Services. treet improvement plans prepared on standard size sheets by a Registered ivil Engineer shall be submitted for approval by the Director of ngineering Services. Plan check and inspection expenses shall be paid by he developer. o All exterior street improvements shall be constructed prior to issuance of Certificate of occupancy, to the satisfaction of the Director of Engineering Services. Reciprocal access and and/or agreements shall be provided insuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the City Engineer prior to occupancy. 7. Street improvements that include, but are not limited to: idewalks riveways heel chair ramps urb and gutter oss gutter ley gutter feet paving ley paving Resolution No. p-93-07 Page 7 Civil Engineer and shall be submitted for approval by the City Engineer. Plan check and inspection expenses shall be paid by the developer. The grading plans shall be approved and posted prior to final map approval. The shall be posted with a tandard agreement which requires the developer to construct the facilit es within two years of execution of said agreement. The security shal be 100 percent of the cost estimate approved by the City Engineer. T e requirement for a 50 percent payment and 10 percent warranty security s waived due to the fact that this will not be a public improvement. 12. A monumentation bond in an amount acceptable to the City Engineer shall be posted prior to final map. 13. The existing egress and ingress easement along the easterly 20 feet of the property may be reduced to 16 feet in width. DRAINAGE AND FLOOD CONTROL The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to final map approval. If securities are posted, fees must be paid prior to final inspection. Iht drains will be required at locations specified by the Director of Engineering Services and in accordance with standard engineering practices. The proposed project falls within areas indicated as subject to flooding under the National Flood Insurance Program and is subject to the p ' ' of that program and City Ordinance. A drainage system capable of handling and disposing of all surface w ter originating within the subdivision, and all surface waters that may low onto the subdivision from adjacent lands, shall be required, aid drainage system shall include any and as require by the Director of Engineering Services to properly handle the drainage. o 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 at the date of final inspection or at the date the Certificate of Occupancy is issued, whichever occurs later. o Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES 1. All proposed utilities within the project shall be installed underground. o o 10. Resolution No. P~93-07 Page 8 Utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering Services. The developer shall be le for the of existing public utilities as required. and undergrounding Water, sewer, and fire p ~ to meet req San Diego Department of Health. systems plans shall be designed and of the City of Poway and the County of Property shall be annexed to the sewer improvement area prior to acceptance of property for sewer service. The applicant shall pay for a water system analysis to establish the proper size and location for the public water system. The amount shall be paid upon demand by the City. Within 30 days after receiving approval of the tentative parcel ma , variance and development review, the applicant shall apply for a Letter f Availability (LOA) to reserve ~ewerage availability and post with t e City, a nonrefundable fee equal to 20% of the appropria e sewerage connection fee in effect at the time the LOA is issued. Developer shall a lighting system conforming to City of Poway standards at no cost to the public, subject to the following: ao Cut-off 1 shall be installed which will provide true go degree cutoff and prevent p of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. b. 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. If cable television services are to be provided and installed underground, the developer shall notify the cable company when trenching for utilities is to be accomplished. Water and se 'er main lines and that will be installed at locations ot er than within public s reets shall have an easement, a minimum of 0 feet wide, dedicated o the City of Poway. Multiple parallel fac lities will require addi ional easement width for on-site facilities, edication shall be offered in the final map whereas off-site Resolution No. P-93-07 Page 9 lines shall have the easement dedicated by a separate instrument recorded prior to final map approval. 11. All public utility lines (i.e., water, sewer, drainage) not located within public streets shall have an improved access over and along the respective easement, the surfacing and width of which shall be acceptable to the City Engineer. 12. The water distribution system main shall be extended up the common driveway so that water services and meters can front the north lots. APPLICANT SHALL CONTACT THE WITH THE FOLLOWING CONDITIONS: OF SAFETY SERVICES Approved numbers or addresses shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background. Address shall be required at private driveway. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. Each chimney used in with a spark arrester. with any fireplace shall be d These dwellings are being built on a parcel size of less than one acre and are beyond 350 feet maximum from the nearest fire hydrant. A new fire hydrant shall be installed on Oak Knoll Road at the driveway entrance into the project. o No parking shall be allowed within the common private street easement. Red curbing shall be painted within the hammerhead area to indicate fire lane and no parking. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other activity has been substantially completed to the satisfaction of the City. GENERAL REQUIREMENTS AND APPROVALS The CC&R's and/or Articles of of the hall be subject to review for compliance with cond tions herein, by he ity Attorney and Director of Planning Services, ap shall be filed w th he Secretary of State, the County Recorder, and e City Clerk at he ime of final map consideration. 2. Final parcel map shall conform to City standards and procedures. Resolution No. P-93-07 Page 10 3. Should this subdivision be further divided, each final map shall be submitted for approval by the Director of Engineering Services. 4. All p of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. 5. Prior to final occupancy, all dedications shall be made and granted as required. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 2nd day of March 1993. ATTEST: Don Higgip STATE OF CALIFORNIA 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 Resolution, No. P-93-07 , was duly adopted by the City Council at a meeting of said City Council le 2nd day of March , 1993, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE VACANCY: