Res P-94-19RESOLUTION NO. P~4-19
A OF THE CITY C U CIL
OF T E CITY OF P WA", CALI 0 NIA
APPROV NG TENTATIV T ACT MA 4-01,
VARIANCE 9 -01, AND DE EL MENT E'IEW 94-02
ASSESSOR'S PARCEL U ER 3! -500-87
WHEREAS, Tract Map 94-01, h reinafter "Map" and Variance 94-01
and Development Review 94-02, submitted by errick Development, applicant, for
the purpose of subdividing real property si uated in the City of Poway, County
f San Diego, State of California, describe as Parcel 10 as shown on Record of
urvey Map No. 4704, in the City of Poway, County of San Diego, State of
alifornia, being a portion of the southwest quarter of the southeast quarter of
ection 14, Township 14 South, Range 2 West, San Bernardino Meridian in the
ounty of San Diego, State of California, excepting therefrom 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 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 1: Fir :
The City Council finds that the project will not have a significant
adverse impact on the and hereby issues a Negative Declaration
with Mitigation Measures.
Section 2: Findi :
Tentative Tr 94-01
1. The proposed project is
t with the general plan.
The tract map is with the General Plan in that
single-family housing is proposed for development.
The design or of the tract map is
with all applicable general and specific plans; in that '
adhere to the development 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.
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.
No. P- 94-19
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 is presently developed with a single
family residence.
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
~ low volume ' 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.
Variance 94-01
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 properties in the vicinity under identical zoning
classif'
The property is encumbered by a 16 foot private road easement al ng
the easterly property line which decreased the developable port on
of the property and limits how the project can be designed. Wh le
the property can accommodate a subdivision design having flag lo s,
which complies with City standards, the most acceptable map des gn
requires lot depth, rear yard, street width and design as
well as a variance to allow all of the units to be two story to
achieve a functional amount of living area.
Granting the or its modification, is necessary for the
preservation and enjoyment of a substantial property right posses ed
by other property in the same vicinity and zone and denied to he
property for which the variance is sought in that a majority of he
residentially developed lots in the area are ly
configured with single family homes fronting on public or private
streets.
o
Granting the or its modification, will not be materially
detrimental to the public health, safety or welfare, or to
the property or improvements in such vicinity and zo e in which the
property is located, in that a home of standard widt and depth can
still be on each lot and will not diminis the standards
of public health, safety, or welfare to the surround ng properties.
The granting of this variance does not constitute a special
privilege inconsistent with the limitations upon other properties in
Resolution No. p-94-19
Page 3
the vicinity and zone in which such property is situated, in that
another residential development in the City with the same zoning
have been approved for similar
o
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 variance or its modification will not be incompatible
with the Poway General Plan.
Sectic
;ouncil Decision:
The City Council hereby approves Tentative Tract Map 94-01, Variance 94-
01, and Review 94-02 subject to the following
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 DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPHENT
Site shall be developed in 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 issuance.
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
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
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
o
Resolution No. P- 94-19
Page 4
For a new residential unit(s), the applicant shall pa' development fees at
the established rate. The following fees, includin but not limited to,
traffic mitigation, drainage, water base capacity, a d park shall be paid
or secured prior to final map approval. If secure , these fees must be
paid in full prior to occupancy.
Permit and plan checking fees shall be paid upon submittal of map,
and/or grading plan, as applicable.
Sewer street light energy charges, and fire p fees
must be paid in full prior to scheduling of final map for City Council
approval.
All other fees, including but not limited to, school, water service fees,
remaining sewer sewer clearnout and sewer inspection fees
shall be paid prior to building permit '
This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval. Application for time must be received at least 90
days prior to
Building height shall not exceed two stories or 35 feet, whichever is
less.
All lots are subject to Lighting District policies. Lighting District
A will change from Zone B to Zone A for all parcels within the
subdivision.
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.
°
The development shall be annexed into Landscape M '
03A to the satisfaction of the Public Services
District 86-
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.
5. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
Resolution No. P-94-19
Page 5
SIGNS
Any signs proposed for this development shall
conformance with the Sign Ordinance.
be designed and approved in
ADDITIONAL APPROV
The developer shall display a current Zoning and Land Use Map, or suitable
al in the sales office at all times, to the satisfaction of the
Director of Planning
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
activity at the project. Upon completion of the ~
program, a brief report shall be filed with the Planning Services
Department describing the process and any 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 on the face of the map
providing such set aside. An in-lieu fee has been adopted by the City
Council and the developer may opt to pay an in-lieu fee at the established
rate 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 DEPARTRENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading 0 approved grading plan and
geotechnical report, and accepted grading p
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.
A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work.
A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
5. The final grading plan, prepared on a standard sheet of mylar, shall be
o
o
8.
9.
10.
11.
12.
13.
Resolution No. P-94-19
Page 6
subject to review and approval by the Planning and Engineering services
Departments and shall be completed prior to recordation of the final
subdivision map or issuance of building permit, whichever comes first.
A pre-blast survey of the surrounding property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. A blasting
ermit shall be obtained from the Engineering Services D prior to
ny rock blasting. Seismic shall be taken for all blasting and
lasting shall occur only at locations and levels approved by the City
ngineer.
All new slope shall be a minimum of 2:1 (horizontal to vertical).
A final compaction report shall be submitted and approved prior to
issuance of building permits.
A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to issuance of building permits.
Buildings and parking lots shall be at least five feet from tops and toes
of slopes, unless waived by Planning and/or E ~ Services
Departments prior to grading permit
If pad elevation increase by greater than two feet in height from those
approved on the map or on the schematic grading plan used as a
basis of approving the project, City Council approval will be required
prior to grading permit
Non-supervised or non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
Erosion control, including but not limited to desiltation basins, shall be
installed and J from Oct. 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be
submitted as part of the grading plan. The developer shall make
to insure the proper of all erosion control devices
throughout their intended life.
STREETS AND SIDEWALKS
All interior and exterior streets shall be constructed to City standards
and specif' A thirty-three foot private road easement for the
interior access street shall for the benefit of the new lots shall be
granted on the final map.
All street structural sections shall be submitted to and approved by the
Director of Engineering Services Department prior to improvement plan
approval.
Page 7
No. P- 94-19
Improvement plans for streets and any other public utility lines, prepared
on standard sheets of mylar by a Registered Civil Engineer shall be
submitted for approval by the Director Of Engineering services Department.
Plan check and fees shall be paid by the developer.
A Standard Agreement for the Construction of Public Improvements shall be
executed by the developer prior to map approval, or prior to building
permit ' whichever comes first. Appropriate shall also
be posted with the submittal of the Standard Agreement to the Engineering
Services ~
o
All street and any public imp as noted in the Standard Agreement
for Construction of Public I ts shall be constructed within the
time limit imposed in said to the satisfaction of the Director
of Engineering Services.
Street imp to the north half of Oak Knoll Road and the private on
site road shall include, but are not limited to sidewalk, curb and gutter,
d ' wheelchair ramps, striping and signing, alley gutter, and
street paving.
Street ' and shall be made in with City
Ordinance standards for dedicated urban streets.
10.
All damaged off-site public works facilities, including parkway trees,
shall be repaired and replaced prior to of bonds and
imp to the satisfaction of the Director of Engineering Services.
The developer shall acquire an encroachment permit for any private
imp placed within the public right-of-way.
Prior to any work performed in the public right-of-way or City-held
a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required.
rivate street plans shall be processed as a grading plan.
aid plans shall be prepared on standard sheets of mylar by Registered
ivil engineer and shall be submitted for approval by the Ci y Engineer.
lan check and inspection fees shall be paid by the deve oper. The
grading plan shall be approved nd posted prior to inal/parc 1
map approval or building perm t whichever comes first. T e
shall be posted wit a standard which requires t e
developer to construct the faci ities within t~o years of execution of t e
agreement or prior to building permit whichever comes first.
The security, for performance, shall be 100% of the cost estimate approved
by the City Engineer. The for a 50% payment and 10% warranty
is waived due to the fact that this is not a public
improvement.
Resolution No. P-94-19
Page 8
A monumentation bond in an amount acceptable to the City Engineer shall be
posted prior to final map approval.
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
Intersection drains shall be required at locations specified by the
Director of E ~ Services D and in accordance with
standard engineering practices.
A drainage system capable of handli g and disposing all surface water
originating within the project, and a 1 surface waters that may flow onto
the project from adjacent lands, shal be required. Said drainage system
shall include any and as required by the Director of
Engineering Services to properly handle the drainage.
o
Portland cement concrete gutters shall be installed where water crosses
the roadways.
C J flows across driveways and/or sidewalks shall not be
permitted.
UTILITIES
All proposed electrical/ /CATV utilities within the project
shall be installed underground including existing electrical utilities
less than 34.5 KV along Circulation Element roads and/or highways.
Utility shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
The developer shall be responsible for the
of existing public utilities as required.
and ~ing
Water, sewer, and fire protection systems shall be designed and
J to meet the of the City of Poway and the Coun y
of San Diego D of Health. A 6" public water main, and an "
public sewer main shall be ~ within the private road in t e
development. The full width of the private road shall be dedicated to t e
City as an easement for sewer and water lines.
Page g
No. P- 94-19
o
Within 30 days after receiving City Council approval of th project, the
applicant shall apply for a Letter of Availability (LO) to reserve
ewerage availability and post with the City, a nonrefundab e reservation
ee equal to 20% of the sewerage fee in effect a the time the
OA is issued. Applicant shall also submit, within this t me, a Consent
o Annex Form with appropriate annexation fee for the property's
to the sewer improvement district.
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 90-
degree cutoff and prevent projection of light above the horizontal
plane from the lowest point on the lamp or light emitting refractor
or device.
b. All fixtures shall use a clear, low pressure sodium vapor light
source.
Co
Advance energy charges and District engineering charges shall be
paid by the developer.
to the lighting district and evidence of annexation shall
be accomplished at the time of final building ' or issuance
of a certificate of occupancy is issued, whichever occurs later.
A street light shall be installed on Oak Knoll Road at the entrance to the
subdivision.
o
Cable television services shall be provided and installed underground.
The developer shall notify the cable company when trenching for utilities
is to be accomplished.
Existing telephone, gas, electric, water, sewer, and other public utility
lines and app shall be shown on the grading /improvement plans.
All on-site private sewer mains shall be ~ to public sewer
standards and specifications and shall be shown on the grading/improvement
plans.
10.
11.
Water and sewer main lines and app that will be installed at
locations other than within public streets shall have an easement, a
minimum of 20 feet wide for each line, dedicated to the City of Poway.
Multiple parallel facilities will require additional easement width for
on-site facilities. Dedication shall be offered on the final/parcel map
or by a separate document recorded prior to building permit '
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.
No. P-94-19
Page 10
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
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 maintained
These dwelling are being built on a parcel size of greater than one acre
and is beyond 50 feet maximum from the nearest fire hydrant. A new fire
hydrant shall e installed on the northeast corner of Oak Knoll Road and
the proosed pr vate road intersection.
No parking shall be allowed within the hammerhead of the private street
Red curbing shall be painted within the hammerhead area and
signage installed 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 construction activity has been substantially
completed to the satisfaction of the City.
GENERAL REQUIREMENTS AND APPROVALS
Revised elevations and materials shall be resubmitted and approved by the
City Council and construction shall be completed in accordance with the
approved design and materials.
The CC&R's and/or Articles of Incorporation of the
shall be subject to review for compliance with conditions herein, by he
City Attorney and Director of Planning Services, and shall be filed w th
the of State, the County Recorder, and the City Clerk at he
time of final map consideration.
3. Final parcel map shall conform to City standards and procedures.
4. Should this subdivision be further divided, each final map shall be
submitted for approval by the Director of Planning Services.
No. P- 94-19
Page ]1
All p of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
Prior to final
granted as required.
, all
APPROVED and ADOPTED by the City Council
California, this 5th day of April 1994.
shall be made and
of the City of Poway, State of
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Marjorie K. Wah sten, City Clerk of the City of Poway, do hereby
certify, under the penal y of perjury, that the foregoing Resolution, No.
P-94-19 , was duly adopte by the City Council at a meeting of said City Council
~e 5th day of Apr l, 1994, and that it was so adopted by the following
vote:
AYES:
NOES: CALLERY
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, EMERY, SNESKO, HIGGINSON
Marjor'~ ~ Wahlst(
City off, ay