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: