Res P-93-10RESOLUTION NO. P-93-10
A F TH CIT' COUNCIL
OF THE CT Y POW" C LIFORNIA
APPROVING T IVE CT lAP 8g-12TE
A. ~ ANC 93--2
ASSESSOR'S AR N .BER 275-810-17
WHEREAS, Tentative Tract Map 89-12TE hereinafter "Map" and Variance 93-02,
submitt d by Milivoj and Eva Marinkovic, applicants, for the purpose of
ubdivi ing real propert situated in the City of Poway, County of San Diego,
tat o California, des ribed as Parcel 3 of Parc 1 Map 8873, of a portion of
ot o fractional Sect on 35, Township 13 South, ange 2 West, San Bernardino
eri lan in the County o San Diego, State of Call ornia regularly came before
he ity Council for pub ic hearing and action on ]arch 23, 1993; and
WHEREAS, the Director of Planning Services has recommended approval of the
Map subject to all conditions set forth in the Planning Services Department
report; and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section : :
A Negative Declaration with mitigation measures was issued on April 2,
1991. No significant impacts have occurred or will result with the
gra~ting of the time extension and reinstating the Further
tal review is not
Section :
The proposed project is consistent with the general plan.
The tentative tract map is with the General Plan in that
single-family housing is proposed for development.
The design or i ovement of the tentative tract map is consistent
with all applica le general and specific plans; in that improvements
adhere to the evelopment standards of the City of Poway Zoning
Ordinance and t e Subdivision Ordinance.
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.
Resolution No. P- 93-10
Page 2
o
The design of the subdivision is not likely to cause substantial
1 damage and avoidable injury to humans and wildlife or
other habitat; in that the site has been previously disturbed and
that major drainage imp 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 plumbing fixtures will be required
throughout future buildings on the site. Landscaping plans will
eventually be prepared with minimal water consumption and
incorporating 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.
There are s ecial circumstances applicable to the property (size,
shape, topo ra hy, location, or surroundings), or the intended use
of the prop rt , and because of this, the strict application of the
Zoning Ord nm. ce deprives the property of privileges enjoyed by
other proper les in the vicinity under identical zoni g
classifications. Two of the subject lots a e positioned along t e
bulb of a cul-de-sac which limits the dep h of these lots. T e
subject site is "L" shaped and contiguous o an existing separa e
lot which defines the edges of the project oundaries.
Granting the or its modification, is for the
preservation and enjoyment of a substantial property right os essed
by other property in the same vicinity and zone and deni d o the
property for which the variance is sought. Lots 4 - 7 of en ative
Tract Map 90-04 were granted a similar variance for lot w dt
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, in that a home of standard width and depth can
still be constructed on each lot and comply with required setbacks.
The grant ng of this variance does not constitute a special
p ivilege nconsistentwiththelimitations upon other properties in
t e vicini "and zone in which such property is situated, in that
o her resi nces in the same vicinity have been constructed using
s milar lo 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.
6. Granting the variance or its modification will not be incompatible
with the Poway General Plan.
Resolution No. P- 93-10
Page 3
section 3: cit~ ' '
The City Council hereby approves Tentative Tract Map 89-12TE and Variance
93-02 subject to the following conditions:
Within 30 days of approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENTS OF PLANNING SERVICES AND ENGINEERING SERVICES.
]. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Future homes plotted for Lots 2, 4, and 5 shall meet all minimum setbacks.
3. An additional 30 percent sewer reservation fee in the amount of $4,290.80
must be paid within 30 days.
4. Plan check fees in the amount of $7,314.88 ,is to be paid within 30 days.
5. Prior to plan approval and start of construction, inspection fees of
$10,342.88 must be paid.
6. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
7. Approval of Tentative Tract Map 89-12TE is based on its conformance with
the conditions contained in City Council Resolution P-91-22.
8. The tentative map approval shall expire on April 2, 1994. Application for
time extension must be received gO days prior to expiration in accordance
with the City's Subdivision Ordinance.
9. not been
The variance shall expire April 2, 1995 if a final map has
recorded for Tentative Tract Map 89-12TE.
APPROVED and ADOPTED by the City Council of the City of Poway,
California, this 23rd day of March 1993.
State of
ATTEST:
STATE OF )
) SS.
COUNTY OF SAN DIEGO )
Resolution No. P-93-10
Page 4
I, Marjorie K. Wah sten, City Clerk of the City of Poway, do hereby
erti fy, under the penal y of perjury, that the foregoing Resolution, No.
-93-10 , was duly adopte by the City Council at a meeting of said City Council
~n }e 23rd day of rch , 1993, and that it was so adopted
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
VACANCY:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
NONE
NONE
City way