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Item 2 - TPM 04-04/VAR 04-14 - Khalid Jamil TO: FROM: INITIATED BY: DATE: SUBJECT: AGENDA REPORT SUMMARY Honorable Mayor and Membe~e City Council James L. Bowersox, City Man~ Niall Fritz, Director of Development service~ April 26, 2005 Tentative Parcel Map (TPM) 04-04 and Variance (VAR) 04-14, Khalid Jamil, Aoolicant ABSTRACT A request to allow the subdivision of 2 developed residential lots into 4 residential lots (Attachment C). The request also includes a Variance to allow a portion of the 2 existing single-family residences to encroach into required side and rear yard setbacks. The requested Variances range from a 2-foot front yard setback variance to a 14-foot rear yard setback Variance. The existing homes currently do not meet the setback requirements of the zone and the subdivision will not create new variances. This orooertv is in the Residential Sincle Familv 7 (RS-7) zone. ENVIRONMENTAL REVIEW An Environmental Initial Study was completed on the project and it was determined that the establishment of the proposed uses of the property will not have a significant adverse impact on the environment since potential impacts are less than a level of significance by the recommended conditions of approval. It is recommended that a Negative Declaration be approved. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A Notice of Public Hearing was published in the Poway News Chieftain and sent to 118 property owners within 500 feet of the site. RECOMMENDATION It is recommended that the City Council approve Tentative Parcel Map 04-04 and Variance 04-14, subiect to the conditions in the attached orooosed Resolution. ACTION M:\planningI05reportltpmITPM04-04_ V AR04-14_Jamillsum .doc 1 of 39 April 26, 2005 Item # J- CITY OF POWA Y AGENDA REPORT TO: FROM: Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ Niall Fritz, Director of Development Services p/ Patti Brindle, City Planner fJk' Lisa Mercurio, Assistant Planner~ April 26, 2005 INITIATED BY: DATE: SUBJECT: Tentative Parcel Map (TPM) 04-04 and Variance (VAR) 04-14, Khalid Jamil, Applicant: A request to allow the subdivision of 2 developed residential lots, with a combined acreage of 1.0 acres, into 4 residential lots, which range in size from 6,633 square feet to 13,167 square feet (Attachment C). The request also includes a Variance to allow a portion of the 2 existing single-family residences, which are part of the proposed subdivision, to encroach into required side and rear yard setbacks. Located in the Residential Single Family 7 (RS-7) zone. BACKGROUND The subject property is located at 14530-14548 Garden Road, on the north side, near Standish Drive and Acton Drive (Attachment B). The applicants propose to subdivide the 1.0-acre property into 4 residential lots; each original lot is 0.50 acres. The minimum lot size for the zone is 4,500 square feet, the net lot sizes of the new lots will be: . Parcel 1 - 11,374 square feet . Parcel 2 - 13,167 square feet . Parcel 3 - 6,825 square feet . Parcel 4 - 6,633 square feet The 1.0-acre property is fairly level and gently slopes from a high point (551 feet) at the north property line to a low point (546 feet) at the south property line, on Garden Road. Two single-family homes have been developed on the northerly half of each lot. The subject site has been wholly disturbed and, according to the Poway Habitat Conservation Plan Vegetation Map, the property is mapped as developed, and no native vegetation is shown on the site. The property is an in-fill property surrounded by existing single-family development on all sides. 2 of 39 April 26, 2005 Item # ,... Agenda Report April 26, 2005 Page 2 The proposed subdivision design provides access to all four parcels off of a 28-foot-wide easement from Garden Road that is aligned along the shared central property lines, as shown in Attachment C. A 20-foot paved private road, with four feet of shoulder on each side, and 20-foot paved driveways will serve each parcel. For access to developments of more than two single-family residences a 28-foot wide access is required. The subdivision has been designed to meet this requirement. There are two existing single-family homes on Parcel 1 and 2. A Variance approval is also requested because the subdivision will result in the existing residences observing less than the required setback on both front and rear yards (Attachment E). FINDINGS Development Standards - The following table shows that the project complies with all of the development standards for the General Plan and the Poway Municipal Code, with the exception ofthe front yard and rear yard setbacks for which the approval of Variance 04-14 is sought. Standard Parcel 1 Parcel 2 Parcel 3 Parcel 4 RS-7 zone (Developed) (Developed) Net Lot Size 4,500 sf 11,374 sf 13,167 sf 6,825 sf 6,633 sf Lot Width 50' 125' 133' 75' 67' Lot Depth 80' 91' 99' 91' 99' Ratio Lot Not more 0.7: 1 0.7: 1 1.2: 1 1.4 : 1 Depth/Width than 3:1 Front Yard 18' 9.3'(Var.req.) 14.3' 18' min. 18' min. Setback IVar.req.\' Interior Side 5/10' 24.9'/10' 10'/12.5' 5'/10' min 5'/10' min. Yard Setback Street Side 10' Yard Setback N/A N/A 10' min. 10' min. Rear Yard 20' 6' (Var.req.) 17.6' 20' min. 20' min. Setback (Var. req.) Variance 04-14 - The Variance request would allow the existing residence, on Parcel 1 , to observe a 6-foot rear yard setback rather than the 20-foot rear yard setback that is required and to allow them to observe a 9.3-foot front yard setback instead of the required 18-foot front yard setback. Approximately 336 square feet of the back corner of the house will encroach into the rear setback. This front yard setback Variance is needed due to the requirement to increase the access easement from 20 feet to 28 feet, with 20 feet of 3 of 39 April 26, 2005 Item # J- Agenda Report April 26, 2005 Page 3 paving. The residence will maintain its current setback of 27 feet from the property line and will be approximately 13.5 feet away from the paved driveway, but 9.3 feet from the edge of the easement. Approximately 117 square feet of the existing house corner will encroach into the front yard setback. The Variance request also includes a request to allow the existing residence on Parcel 2 to observe a 14.6-foot rear yard setback rather than the 20-foot rear yard setback that is required and a 14.3 and 16-foot front yard setback instead of the required 18-foot front yard setback. Approximately 22.5 square feet of the rear corner of the house will encroach into the rear yard setback. The residence will maintain its current setback of 24.5 and 25.5 feet from the front property line on two corners of the existing residence. As mentioned previously, the proposed easement width will be 28 feet, and the paved portion within the easement will be 20 feet. Therefore, the residence on Parcel 2 will be located approximately 18.5 feet away from the paved driveway, but 14.3 and 16 feet from the edge of the easement. Approximately 14 square feet of the front corner of the house will encroach into the front yard setback area. Section 17.50 of the Poway Municipal Code requires that findings be made prior to a Variance approval which document that special circumstances exist on the property that make the strict application of the Zoning Code burdensome. The findings to support Variance 04-14 are set forth in the attached proposed Resolution, and are based on the fact there are special circumstances in that the property is constrained with two existing single-family homes and denial of the Variance would not allow the property to be subdivided, thereby denying the property owner a right granted to others in the vicinity and same zoning district. The house on Parcel 1 will still maintain a 13.5-foot setback from the paved portion of the access, so the granting of the Variance would not result in any health or safety impacts. The existing single-family residence on Parcel 1 will maintain a 6-foot setback from the rear property line and granting the Variance allows the property to be subdivided and enjoy privileges that other properties in the vicinity enjoy. The house on Parcel 2 will still maintain a minimum 18.5-foot setback from the paved portion of the access, so the granting of the Variance would not result in any health or safety impacts. The existing single-family residence on Parcel 2 will maintain a 14.6-foot setback from the rear property line, and granting the Variance allows the property to be subdivided and enjoy privileges that other properties in the vicinity enjoy. Similar Variance requests have been approved by the City Council recently on Creek Road (Variance 04-13 - approved December 14, 2004) for setback Variances to accommodate residential development on lots encumbered by private right-of-way or access easements. The surrounding properties are zoned for single-family residences, and are developed with homes and lots similar in size to those proposed with this subdivision. Therefore, the proposed subdivisions and development of 2 additional single-family residences will match the environment of the neighborhood. 4 of 39 April 26, 2005 Item # J- Agenda Report April 26, 2005 Page 4 Reauired Proiect Improvements and Easements - Subdivision of the site will require that the following improvements be completed prior to Parcel Map approval: . The parcel map shall be submitted to the Development Seryices Department, Engineering Division, for review and approval, together with the supporting data and documentation, and applicable map checking fees. . Easements and/or right-of-way dedications to the City within the limits of the parcel map shall be made on the map. . Off-site easements to be dedicated by separate instrument shall be recorded prior to parcel map approval. · Existing overhead utility seryice, as well as new utilities, on the site must be undergrounded. . Install a new fire hydrant along the project access road/driveway to the satisfaction of the Fire Marshal. Dedicate an easement to the City over the water line that will serye the fire hydrant. . Extend City water and sewer to each of the new lots. Sewer lines will be required to obserye a minimum 10-foot separation from any water lines. . Provide a private access and utility easement for Parcels 1, 2, 3 and 4. . No improvements will be needed to Garden Road. Tree Removal- The subject site contains a variety of mature trees, such as palm, cypress and fruit. Future development of the lots may necessitate the removal of some of the trees. A condition of approval for the project requires that, prior to grading or Minor Development Review Application (MORA) approval, the applicant will complete a tree inventory and be required to retain as many existing mature trees as possible. There are no native or heritage trees on the site. The purpose of the inventory is to provide a record of the type and size of on-site trees, and allow preservation of any mature trees that may exist on the site, pursuant to the City's Urban Forestry Ordinance. Desianated Front Property Lines - The subdivision map will designate the front property lines of all four parcels as along the westerly or easterly property line of each lot (Attachment F). Parcels 1 and 3 front property lines will be their easterly property line, which is adjacent to the access easement. Parcels 2 and 4 front property lines will be their westerly property line, which is adjacent to the access easement. The front lot line designations for all of the parcels are consistent with the Zoning Code criteria for identifying a front lot line. 5 of 39 April 26, 2005 Item # J- Agenda Report April 26, 2005 Page 5 ENVIRONMENTAL REVIEW An Environmental Initial Study was completed on the project and it was determined that the establishment of the proposed uses of the property will not have a significant adverse impact on the environment since potential impacts are less than a level of significance by the recommended conditions of approval. It is recommended that a Negative Declaration be approved. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A Notice of Public Hearing was published in the Poway News Chieftain and sent to 118 property owners within 500 feet of the site. RECOMMENDATION It is recommended that the City Council approve Tentative Parcel Map 04-04 and Variance 04-14, subject to the conditions in the attached proposed Resolution. Attachments: A. Proposed Resolution B. Land Use and Location Map C. Tentative Parcel Map 04-02 D. Negative Declaration and Environmental Initial Study E. Site Plan Detailing Variance Setback F. Designated Front Lot Lines M :\planning\05report~pm\TPM04-04_ V AR04-14_Jamillagenda.doc 6 of 39 April 26, 2005 Item # C).... RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP (TPM) 04-04 AND VARIANCE 04-14 ASSESSOR'S PARCEL NUMBERS 323-032-30 and 33 WHEREAS, a request for a Tentative Parcel Map (TPM 04-04) was submitted by Khalid Jamil to subdivide 2 lots, with a combined acreage of 1.0 acres, into 4 residential lots, which range in size from 6,633 square feet to 13,167 square feet. The request also includes a Variance (VAR 04-14) to allow portions of the two existing residences, which are part of the proposed subdivision, to remain and encroach into the required side and rear yard setbacks; and WHEREAS, on April 26, 2005, the City Council held a public hearing on the above-referenced item; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: An Environmental Initial Study was completed on the project and it was determined that the establishment of the proposed uses of the property will not have a significant adverse impact on the environment since potential impacts are less than a level of significance by the recommended conditions of approval. It is recommended that a Negative Declaration be approved. Section 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for Tentative Parcel Map 04-04, are made as follows: A. The Tentative Parcel Map is consistent with the General Plan in that it proposes to create 4 residential parcels at densities consistent with the General Plan and Poway Municipal Code designations. B. The design and improvements required of the Tentative Parcel Map are consistent with all applicable general and specific plans in that the approved lot sizes and configurations adhere to the development standards of the General Plan and Poway Municipal Code. C. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to provide 4 lots of regular shape and dimension and has access to a public street, Garden Road. 7 of 39 ATTACHMENT A April 26, 2005 Item # )... Resolution No. P- Page 2 D. The design of the Tentative Parcel Map is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the project is an in-fill project on a previously disturbed property. E. The approval is not likely to cause serious public health problems, in that City water and sewer service are available to the site. F. 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 subdivision, in that the development of single-family residences on the proposed lots can be accommodated without obstructing or otherwise impacting existing easements. Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 04-14 to allow Parcel 1 to observe a 6-foot rear yard setback rather than the required 20-foot setback, and observe a 9.3 foot front yard setback rather than the required 18 foot setback as shown on the Tentative Map dated December 23,2004, and allow Parcel 2 to observe a 14.58 foot rear yard setback rather than the required 20 foot setback, and observe a 14.31 and 16 foot front yard setback rather than the required 18 foot setback as shown on Tentative Map dated December 23, 2004, and on file in the Planning Division office are made as follows: A. That there are special circumstances applicable to the property in that: On Parcel 1 - There is an existing single-family home on the property that constrains the location of the access easement and the strict application of the Zoning Code street yard setback for the house would deprive the property of privileges enjoyed by other properties in the vicinity and same zone. The existing single-family residence also encroaches into the rear yard setback and they are unable to meet the required setbacks. On Parcel 2 - There is an existing single-family home on the property that constrains the location of the access easement and the strict application of the Zoning Code street yard setback for the house would deprive the property of privileges enjoyed by other properties in the vicinity and same zone. The existing single-family residence also encroaches into the rear yard setback and they are unable to meet the required setbacks. B. Granting the Variance is necessary for the preseryation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and not afforded to the property for which the Variance is sought because the other lots in the Garden Road area have been allowed to subdivide in accordance with the Poway Municipal Code. 8 of 39 April 26, 2005 Item # "- Resolution No. P- Page 3 On Parcel 1 - The granting of the Variance allows the property owner to subdivide as others in the vicinity are able to do, while legalizing an existing non- conforming rear yard setback. On Parcel 2 - The granting of the Variance allows the property owner to subdivide the property, as other owners in the vicinity are able to do, and also to legalize an existing non-conforming rear yard setback. C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that: On Parcel 1 - The proposed subdivision has been designed to comply with other adopted subdivision standards, and there will be a minimum 13.5-foot separation between the residence and the future proposed paved portion of the driveway to the existing residence. The granting of the rear yard setback variance will not be detrimental because it will be located in the rear of the property and is not visible from a public street. On Parcel 2 - The proposed subdivision has been designed to comply with other adopted subdivision standards, and there will be a minimum of 18.5 feet from the paved portion of the driveway to the existing residence. The granting of the rear yard setback variance is not detrimental because it will be located in the rear of the property and is not visible from a public street. D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone because the Variance will allow the subdivision of property that is consistent with City Codes and other subdivisions that have been approved in the vicinity and zone. E. Granting the Variance would not allow a use not otherwise expressly authorized by the RS-7 zone because single-family homes are a permitted use. F. Granting the Variance will be compatible with the City's General Plan because the use is permitted and does not result in a density increase. Section 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 9 of 39 April 26, 2005 Item # :;.. Resolution No. P- Page 4 1. Private access roadway improvements will be constructed to accommodate the project traffic impacts. 2. On-site drainage improvements will be constructed to handle the surface water runoff. 3. A fire hydrant will be constructed to serve the development and provide fire protection. 4. Water and sewer fees will be paid. On-site and off-site improvements will be made to provide water and sewer service to the development. 5. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. Section 5: The City Council hereby approves Tentative Parcel Map 04-04 and Variance 04-14, to allow the subdivision of 1.0 acres of land into 4 residential lots, located at 14530-14548 Garden Road, in the Residential Single-Family 7 (RS-7) zone, and the existing residences on Parcels 1 and 2 to encroach into the required front and rear yard setbacks, as shown on the Tentative Parcel Map dated December 23, 2004, subject to the following conditions: A. This approval is not inclusive of the design of the proposed single-family homes. Separate approval of the home design and footprints shall be applied for through the Development ReviewlMinor Development Review Application process prior to issuance of Building Permits. B. Approval of this request shall not waive compliance with any sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. C. The developer is required to comply with the Poway Noise Ordinance requirements that govern construction activity and noise levels. D. Prior to Parcel Map approval, unless other timing is indicated, the following conditions shall be complied with. 1. Within 30 days after City Council approval of the Tentative Parcel Map, the applicant shall submit in writing to the City that all conditions of approval have been read and understood. (Engineering) 2. Within 30 days after City Council approval of the Tentative Parcel Map, the subdivider shall make a reservation for a sewer Letter of Availability for two Equivalent Dwelling Units (EDU) and pay the City a non-refundable 10 of 39 April 26, 2005 Item # '- 4. 11 of 39 Resolution No. P- Page 5 sewer connection fee of $942.40. This amount represents twenty percent (20%) of the sewage connection fee. 3. Within 30 days after City Council approval of the Tentative Parcel Map, the subdivider shall pay the City an additional 30% sewer connection fee of $1,413.60. The remaining balance of the sewer connection fee, in the amount of $2,356, shall be paid prior to Building Permit issuance. This approval is based on the existing site conditions represented on the Tentative Parcel Map. If actual conditions vary from representations, the approved Tentative Parcel Map must be changed to reflect actual conditions. Any substantial changes to the Tentative Parcel Map must be approved by the Director of Development Seryices and may require approval of the City Council. 5. Submittal of a Parcel Map to the City for review and approval. The Parcel Map shall conform to City standards and procedures, the City Subdivision Ordinance, the Subdivision Map Act, the Land Surveyors Act, the Resolution of Approval as approved by the City Council and shall be in substantial conformance with the approved Tentative Parcel Map. Appropriate map review fees shall be paid at time of submittal. 6. A private road and utility easement shall be created for parcels 1, 2, 3 and 4. 7. Show easements on map described in South Coast Title Company Report Order No. 83869-23, Schedule B, Items D2, 04 and 05. The easements shall show the County recordation number and date of recordation. 8. Post a cash deposit to the City, an amount equivalent to $100.00 per sheet of the Parcel Map, for the photo mylar reproduction of the recorded parcel map. If applicant/developer provides the City with the photo mylar copy of the recorded Parcel Map within 3 months from recordation or prior to Building Permit issuance to Parcel 1, whichever comes first, said cash deposit shall thereafter be refunded to the depositor; otherwise it shall be used by the City to pay for the reproduction of a photo mylar copy. 9. Easements andlor right-of-way dedications to the City within the limits of the subdivision shall be made on the final Parcel Map. Water and sewer mains and their appurtenances to 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. 10. A monumentation bond in an amount acceptable to the City Engineer shall be posted. April 26, 2005 Item # ~ Resolution No. P- Page 6 11. The City Engineer shall approve a Private Maintenance Agreement between all the parcel owners to maintain the private road. E. Prior to a Grading Permit, the applicant shall complete to the satisfaction of the Director of Development Seryices: (Planning) 1. A Master Tree Inventory shall be prepared on the property by a qualified arborist or biologist. The species and diameter of the trunk shall be indicated. The inventory shall be submitted to the Planning Division and shall be used to identify any sensitive or mature tree(s) that will need to be preserved. (Engineering) 2. A grading plan is required for development of the lots, and shall be prepared on mylar at a scale of 1"=20', and submitted to the Development Services Department - Engineering Division for review and approval. As a minimum, the grading plan shall show the following: 12 of 39 a. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from open space areas and property lines. Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to issuance of a Grading Permit. b. Driveways, in compliance with the specifications provided in Section 17.08.1700 of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. c. A separate erosion control plan for prevention of sediment runoff during construction. d. 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. e. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon any easement without an approved Encroachment Removal Agreement. April 26, 2005, Item # f) Resolution No. P- Page 7 f. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. Any utility improvements that are greater than 36 inches in height will be required to be screened by landscaping. 3. Grading of the project shall be in substantial conformance with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Management and Discharge Control Ordinance, and Drainage and Watercourses Ordinance. 4. Pad elevations shown on the grading plan shall not increase by more than two feet in height from the elevations shown on the approved tentative Parcel Map, unless otherwise approved by the City Council. 5. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. 6. A drainage study using the 1 DO-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the subdivision and all surface water flowing onto the subdivision from adjacent lands. Said system shall include all easements required to properly handle the drainage. Concentrated flows across driveways are not permitted. 7. If grading of this project is to disturb one acre or more, the property owner shall file with the State Regional Water Quality Control Board a Notice of Intent (NOI) of coverage under the statewide General Permit that covers storm water discharges. Proof of filing of the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Seryices Department - Engineering Division prior to issuance of a Grading or Building Permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 8. If grading of this project is to disturb one acre or more, the property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a de-silting basin with a 13 of 39 April 26, 2005 Item # ~ Resolution No. P- Page 8 capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a 10-year, 6-hour storm event; a material storage site; measures to protect construction material from being exposed to storm water control; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The engineer shall certify the SWPPP prior to issuance of the Grading Permit. 9. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained from throughout construction of the project. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to insure proper maintenance of all erosion control devices. 10. Grading securities in the form of a performance bond and cash deposit, or a letter of credit shall be posted with the City. 11. A Right-of-Way Permit shall be obtained from the Development Services Department - Engineering Division for any work to be done in public street rights-of-way or City-held easements. 12. The applicant/developer shall pay the following fees and post or pay the grading securities: a. Grading Permit, plan checking, inspection, Right-of-Way Permit, and geotechnical review fees. The Grading Permit fee shall be paid at first submittal of grading plans. a. The driveway construction cost shall be included in the cost estimates for plan checking and determination of inspection fees. c. Posting and/or payment of grading securities. A $2,000 erosion control cash security for each lot shall be posted with the City. 13. Submittal of a request for and then subsequently hold a pre-construction meeting with a City Engineering Inspector. The applicant/developer shall be responsible that necessary individuals, such as, but not limited to, contractors, subcontractors, project civil engineer and project soils engineer must attend the preconstruction meeting. At the pre-construction meeting, the applicant shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for erosion control can be provided using one or more of the following guidelines. a. Provide an on-site desiltation basin with a volume based on 3,600 cubic feet per tributary acre drained during grading operations. 14 of 39 April 26, 2005 Item # f)... Resolution No. P- Page 9 b. Cover all flat areas with approved mulch. c. Install an earthen or gravel bag berm that retains 3 inches of water over all areas prior to discharge, effectively creating a desiltation basin from the pad. 14. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 15. The drainage from each parcel shall not encroach on any other parcel or neighboring properties unless a City Engineer approved drainage system is designed. 16. The design of the private road shall be shown on the grading plan and include the following: a. Compliance with the specifications for private roads provided in Title 12 of the Poway Municipal Code, including minimum structural sections together with its elevations and grades. b. The private road profile. c. The private road intersection with Garden Road shall be designed to include handicap accessibility ramps on both sides in accordance with the latest Americans with Disability Act Standards. d. The fire apparatus turnaround shall meet the approval of the Poway Fire Department. 17. All on-site and off-site project grading may be required to be conducted outside the rainy season. G. Prior to Building Permit issuance the applicant shall comply with the following: (Engineering) 1. The final Parcel Map for TPM 04-04 shall be approved and recorded in the office of the San Diego County Recorder and a mylar copy of the recorded map shall be provided to the City. 15 of 39 April 26, 2005, Item # :;... Resolution No. P- Page 10 2. The site shall be developed in accordance with the approved site plans on file in the Development Seryices Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 3. Non-supervised or non-engineered fill is not allowed. Rock disposal areas shall be graded in compliance with City approved soils recommendations and the approved grading plans. 4. If rock blasting is needed, prior to rock blasting, a pre-blast survey of the surrounding properties shall be conducted to the satisfaction of the Director of Development Seryices, and a Blasting Permit shall be obtained from the Engineering Division. Seismic recordings shall be taken for all blasting. Blasting shall occur only at locations and levels approved by the Director of Development Seryices. 5. Rough grading of the lots is to be completed and meet the approval of the City Inspector and shall include submittal of the following: a. A certification of line and grade for each lot prepared by the engineer of work. b. A final soil compaction report for each lot for review and approval by the City. 6. Parcel 3 and Parcel 4 shall have their own water line and sewer lateral contained within the shared driveway to serve each respective parcel. These lines shall be privately maintained. 7. Prior to delivery of combustible building materials, on-site water and sewer systems shall satisfactorily pass all required tests. 8. Installation of fire hydrants at locations determined by the City Fire Marshal. A water analysis may be required to analyze the fire hydrants adequacy to City's standards for fire flow and pressure. Any additional improvement recommendation made in the analysis shall be constructed. Payment for preparation of the analysis shall be paid to the City upon demand. 9. The City may require an improvement plan to be prepared, of which plan checking and inspection fees shall be paid. 10. Payment of development fees to the City, unless other payee is indicated. The fees and the corresponding amounts are as follows and are subject to change without further notice. The amounts to be paid shall be those in 16 of 39 April 26, 2005 Item # :J- Resolution No. P- Page 11 effect at time of payment. If a 1" meter is required only as a result of fire sprinklers, the Yo" base capacity and SDCWA fees will be applicable. Water base capacity fee (Resolution No. 91-123) For %" meter = $3,710.00 per meter For 1" meter = $6,678.00 per meter Other meter sizes = Contact Engineering Division Water meter fee (Resolution No. 91-123) For %" meter = $ 130.00 per meter For 1" meter = $ 140.00 per meter Other meter sizes = Contact Engineering Division SDCWA capacity charge - To be paid by separate check, payable to San Diego County Water Authority. For Yo" meter = $2,461.00 per meter For 1" meter = $3,938.00 per meter Other meter sizes = Contact Engineering Division Sewer connection fee = $2,356.00 (Represents 50% payment, assuming that 20% payment was made at reseryation of sewer LOA and 30% payment made within 30 days after map approval) Sewer cleanout fee = $50.00 per cleanout Sewer cleanout inspection fee = $25.00 per cleanout Traffic mitigation fee = $1,320.00'" ... 2 parcels (Parcels 3 & 4) @ $660.00 Drainage fee = $2,400.00 Drainage fee = $1,200.00 x 2 lots = $2,400.00 Park fee = $5,440.00 Park fee = $2,720.00 x 2 lots = $5,440.00 H. Prior to occupancy, the applicant shall comply with the following fire safety requirements to the satisfaction of the Fire Marshal: 1. A fire hydrant shall be located on Garden Road in the vicinity of the access way, to the satisfaction of the Fire Marshal. 17 of 39 April 26, 2005 Item # ~ Resolution No. P- Page 12 I. Compliance with the following conditions is required prior to issuance of a Certificate of Occupancy: (Engineering) 1. Driveways, drainage facilities, slope landscaping and protection measures, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. The driveway shall be constructed in accordance with Poway Municipal Code, Section 17.08.1700, and its structural section shall be shown on the grading plan. 2. All existing and new utilities within the project shall be placed underground, to the satisfaction of the Director of Development Seryices. 3. An adequate drainage system around each building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 4. Record drawings for grading plans, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. A copy of the approved record drawings on a disk in AutoCad format shall be provided to the City. 5. The subdivider shall repair, to the satisfaction of the City Engineer, any and all damages to public road improvements caused by construction activity from this project. Section 6: The approval of Tentative Parcel Map 04-04 and Variance 04-14 expires on April 5, 2007, at 5:00 p.m. The Parcel Map conforming to this conditionally approved Tentative Parcel Map shall be filed with the City so that the City may approve the Parcel Map before this approval expires, unless at least 90 days prior to the expiration of the Tentative Parcel Map a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. Section 7: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reseryations, or exactions imposed pursuant to this approval shall begin on April 26, 2005. 18 of 39 April 26, 2005 Item # ;- Resolution No. P- Page 13 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 26th day of April 2005. Michael P. Cafagna, Mayor ATTEST: L. Diane Shea, City Clerk STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P- was duly adopted by the City Council at a meeting of said City Council held on the 26th day of April 2005 and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED L. Diane Shea, City Clerk City of Poway M:\planning\05report\tpm\TPM04-04_ VAR04~ 14_Jamil\reso.doc 19 of 39 April 26, 2005 Item # :J-. ~ r ~ ~ "" \ t; ~ ~~ R R-A ''', \: (f) \ r (E _w"';; n::: "J:2, J - == ) III'>. ~,:s OS-RM " 'l--~ -J;!; -, \ \ L . " ...J :rIP~ r' . __ ~ ~ =~ _~ ~ -- ]= f-b: '--;,;;;~--'-i A .+- I~ =~ ~~ "-= Li.."..-;t -~ ~ - [-:::': _. -..'" I c::; -::;; 1-_ (-1-- - t:Q: ~ '\ .. P ~ ~ =i; =::: t=~<1 I-l-' _ - h::i: p:::.. "- -1,= -- ~l- - r--'5 , "" f-I- _.~ '-,- - l::l . IE 8 /~ ~ '- ~ t:.~ = {;;; -"- - ~ LU -~ S / "'\' F ~ir~flIO-qJrnTm r=t:- _ : IL -1':11;~1~''" '.~..~W~~l-ll =~ ~ '> ri I .'-'., I=----/) )~ rL~ ~E. -r-- " > c-f-l r '1 ~ y1f: ~.,,; -- ~ I 1---1- r-r-- r- \0... Wy r- =t= ~ - 1 l-.'1 ~J~ -"", (;Lf'l $' "-, f-.. jjr- J _ -- U '-1-- = . " ~ t:ll I I r--, r--'= ~ ,111111-<11-11 OC~ .,+- L i,;(L{;g """" .. 17 -. I;:?__ ::; I ~ '5 : 2= -' I '''JI(.jV~ IF lei' -\ I_!. _L-=l ~=,:;. 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M CT I y ,Q:j "'crf' 'Ii '" ':F\~ ." --1 r , I - ! , ' c; L:l~!U!:1.GL 1 f:' 6 F ()f)T DI HI\~!\!\I ~ ;:;.'75'--:.1T~~fM':') ,~j,:,rt'\, "TT1TJili' '-'Inn :a '1" r.'-/\ !.v'-1"I."," ,--"',:::,- ~.1J}Jl_1:-,!'!"{7ttCr!", ,li'w_IL'~i)rli i -- ---- .'l [Jr-" ..j l=lJI i T;;f~ ;~ ,.~ . :;':;",~_'i;, ) , - ~~ \.... t'!..h ~ r.-7 1'" 'v " ~~- \~~ ~ - --- -, ---- - -, - U:::: o L.d CITY OF POWAY ITEM: TPM 04-04/VAR 04-14 SCALE: NTS, 9 TITLE: ZONING/LOCATION MAP 20 of 39 ATTACHMENT B April 26, 2005 Item # 2.. a..~ <( ~ ...J W U 0:: ~ w > !;( I- Z W I-~ I~~ ,l' ",i! .r i W~l ~ al!j' iii i'll, i "f;! ~Jpl iIi1j ~ ~h~i filiI, =~nh .~ @~I:'l5~g!i ! ~~!l~ia:~ ] ~ha~58i5~b - '~~.i';\:!~l ~ Eliilb _/SI"'ilio.i3 , ;'.I~~~:" , .~~l"'i,.l 'to o-lI;Ill!i!;~": "'lo{~ ! ".,,"!!~': , .og.....,. '0 if ~~",~~~F~.~ ~.!! l:$...."";!O~I~~ ~! 8o..b~<L'" '.0 ~ ~~ ~~~~3ii!'ih", :: ~ ~~h:ll~~"'fls.:!:I. ~g. "'''''- ~""~ijI"'" -,:II ;;t5l'!lii~~~~~~ -" ~~<!~"'" l~~.~~",!. I II ., n U -. ~l' . . . .Ii s: = ~~ ~ ~~l ~ ,h ~ ;,- n~ HI , Ii" I ! II i I oj . , I. ,- . l! !' · H ,~ ,! ! t: $( ~ ~ .!I,l fI' , t! > ~ i i i~ ~ " I ! Il~ .. ;: ~<> 8" "" i '" l I,' ,I l( ~.. R ~ 'Gi ~ ~ t ..~. J!l ~ ~K j ~ ~ ! Ih I).... 01 ~;::' hl ;i g 1 '". 1:: Q ~~ i ~ ~! * . ~ I l II II I ,I ---'+011 ~:<( ,I Cl w > w () UJ 0: III .... () ~ ~~ c-J ;s::W 0(1) 0..1- u..Z o~ ~o.. -9 Ow > UJ Cl ~ 't ~ ~. l ~ , . , , l!j,lN . . - . - ~ ~ " ~ I . ,1 , , " ~ ~ . . . ;< ~ , . . , ~ , ~ T ~ ~ . , z z z ~ . , ~ , ~ ~ ~ . g i ~ ~ ~ 00 ~ ~; " , ~ ~8 . . - ~F I i ; . ! , ~ ~ i~ ~ , , ",:0 !:i ~ ,,~ E ~ ~ ~ 8~ m. .5 a~ , , , w . , , f-...J:i Ci ~<< II z ~u W " , "'0: 0J l.ex ~r lfl I . 0 . ~ 0 . 0 C 0 I ., .. Oowu. .c I ..J ~ ~ ,,- - , n 21 of 39 ~ i"~ Cl ""g :::::; l5 ~ "'~ '" ~ E ~ ~! t. ~ ; ~ . . ~ 1': :ii i l'j 1'i l5 i...~<'<-' ... 00 1lIj;i ~ olI ~ ~ ~lli 01, 1;1111...,. ~ >j~: g '.0'" ... fE"'~'1"'l;:! I U <l: _._.m.~__ rOi\o ~L[) o I , --+-J--- , li..9 i ,i:P, i <:"1'0 II "0'(' ! 1'0'1>- ~ i 0'" 1 ~,~ (~ ~ i 1 , ..:~ 5~ ~~ < ~ ~i " ~~ = . ;~~ Q ; 1 ~j ~) , , - 'j '0 <; I ~ " , i ! , } .. ! h tj " !i ro 1 ^ .. "'"' I , 'cr- I ; iz I !W 10 Icr- l<r , b I ---1- i , , J I @ L- , >'(' 'c, ('0. (' '" .j,"'p. -- , , , ; [ '~i i' /( ~ ,I '" I I) d I ." 3N\il anOl::1 a3l:l ..,,-.., u~~ cr. N W LJ.l Cl 1 J N01JV (0, G"'r"" ~ d~ ~'" <0 ~,,~ ~)"Oj. <', 8"'" 'r CXJ '" Iii ib " > (:::!\'< Q1o-~ 0,'.9 ~ 8'" ATTACHMENT C April 26, 2005 Item # :J- MICKEY CAFAGNA, Mayor BOB EMERY, Deputy Mayor MERRILEE BOYACK, Councilmember DON HIGGINSON, Councilmember BETrY REXFORD, Councilmember CITY OF POWAY CITY OF POWAY NEGATIVE DECLARATION 1. Name and Address of Applicant: Khalid Jamil 9367 Veryain Street San Diego. CA 92129 Proiect Name and Brief Description of Proiect: Environmental Assessment and Tentative Parcel Map 04-04: A request to allow the subdivision of 2 developed residential lots, with a combined acreage of 1.0 acres, into 4 residential lots, which range in size from 6,633 square feet to 13,167 square feet (Attachment C). The request also includes a Variance to allow a portion of the 2 existing single-family residences, which are part of the proposed subdivision, to encroach into required side and rear yard setbacks. 2. In accordance with Resolution 83-084 of the City of Poway, implementing the California Environmental Quality Act of 1970, the City of Poway City Council has found that the above project will not have a significant effect upon the environment and has approved a Mitigated Negative Declaration. An Environmental Impact Report will not be required. 3. This Mitigated Negative Declaration is comprised of this form along with the Environmental Initial Study that includes the Initial Study and Checklist and the approved Mitigation Monitoring Program containing the mitigation measures approved for this project. 4. The decision of the City Council of the City of Poway is final. Contact Person: Lisa Mercurio Phone: (858) 668-4662 Approved by: Date: April 26. 2005 Niall Fritz, Director of Development Services Attachment: Environmental Initial Study M:\planningI05reportltpmITPM04-04_ VAR04-14_Jam inneg dec form.doc 22 of 39 City Hal Address: P.O. Bo ::::enter Dr ATTACHMENT D 12074-078 April 26, 2005 Item # ~ Printed on Recycled Paper CITY OF POWAY ENVIRONMENTAL INITIAL STUDY AND CHECKLIST A. INTRODUCTION This Environmental Initial Study and Checklist, along with information contained in the public record, comprise the environmental documentation for the proposed project as described below pursuant to the requirements of the California Environmental Quality Act (CEQA). Based upon the information contained herein and in the public record, the City of Poway has prepared a Negative Declaration for the proposed project. B. PROJECT INFORMATION 1. Project Title: Tentative Parcel MaD 04-04/Khalid Jamil 2. Lead Agency Name and Address: City of Powav 13325 Civic Center Drive, Powav, CA 92064 3. Contact Person and Phone Number: Lisa Mercurio, Assistant Planner (858) 668-4662 4. Project Location: 14530-14548 Garden Road, City of Powav, County of San Dieqo 5. Project Sponsor's Name and Address: Khalid Jamil, 9367 Vervain St.. San Dieqo, CA 92129 6. General Plan Designation: Residential and Zoning: Residential Sino Ie Familv 7 7. Description of Project: (Describe the whole action involved, including by not limited to later phases of the project, and any secondary, support, or offsite features necessary for its implementation. Attach additional sheets if necessary). A proposal to allow the subdivision of 2 lots, with a combined acreaoe of 1.0 acres, into 4 lots, which ranqe in size from 6.633 square feet to 13,167 square feet. The request also includes a Variance to allow a portion of 2 existinq sinqle familv residences, which are part of the proposed subdivision to encroach into the re~uired side and rear yard setbacks. The subiect property is located at 14530-14548 Garden Road within the Residential Sinqle Familv 7 zone. 8. Surrounding Land Uses and Setting: The subiect proDertv is located in an area that consists of sinqle-familv development on similar lot sizes. 9. Other agencies whose approval is required (e.g. permits, financing approval, or participation agreement): None. Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 23 of 39 1 April 26, 2005 Item # ~ EIS and Checklist TPM 04-05 o Land Use and Planning 0 TransportationlCirculation 0 Public Services o Population and Housing 0 Biological Resources 0 Utilities and Service o Geological Problems 0 Energy and Mineral Systems o Water Resources 0 Aesthetics o Air Quality 0 HazardslHazardous Materials 0 Cultural Resources o Agricultural Resources D Noise D Recreation D Mandatory Findings of Significance Determination (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment and [gJ a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, D there will not be a significant effect in this case revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT are required. I find that the proposed MAY have a "potentially significant impact" or "potentially significant D unless mitigated" impact on the environment but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards. And 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, D because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION Pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. " '- '~tA- VYl QA ~ '..J City of Poway It 10/05 Date C. Checklist 24 of 39 2 April 26, 2005 Item # :- EIS and Checklist TPM 04-05 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION I. AESTHETICS. Would the proiect: X a. Affect a scenic vista or scenic X hiahwav? b. Have a demonstrable negative X aesthetic effect? c. Create iiOht oralare? X II. AGRICULTURAL RESOURCES. X In determining whether impacts to agricultural resources are significant environmental effects, leao agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the proiect: a. Convert prime farmland, unique X farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-aaricultural use? b. Conflict with existing zoning for X agricultural use, or a Williamson Act contract? c. Involve other changes in the X existing environment which, due to their location or nature, could result in conversion of farmland to non-aaricultural use. III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the oroiect: a. Conflict with or obstruct X implementation of the applicable air nualitv nlan? 25 of 39 3 April 26, 2005 Item # ~ EIS and Checklist TPM 04-05 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION b. Violate any air quality standard X or contribute substantially to an existing or projected air quality violation? c. Expose sensitive receptors to X substantial pollutant concentrations? d. Create objectionable odors X affecting a substantial number of oeoole? IV.B/0t0(3ICAL RESOURCES: Would the oroiect: a. Have a substantial adverse X effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse X effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect X on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident X or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites? 26 of 39 4 April 26, 2005 Item # ;.. EIS and Checklist TPM 04-05 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION e. Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policv or ordinance? f. Conflict with the provisions of an X adopted Habitat conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? V. CUtTOKAL I-{!::SUUI-{(,;ES. Would the Proiect: a. Cause a substantial adverse X change in the significance of a historical resource as defined in Section 15064.5 b. Directly or indirectly destroy a X unique paleontological resource or site or unique geologic feature? c. Disturb any human remains, X including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS. Would the proiect: a. Expose people or structures to X potential substantial adverse effects, including the risk of loss, iniurv or death involvino: i) Rupture a known earthquake X fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Soecial Publication 42. ii) Cause strong seismic ground X shakino? III) Cause seismic-related ground X failure, includino liouefaction? iVl Cause Landslides? X b. Result in substantial soil erosion X or the loss of topsoil? 27 of 39 5 April 26, 2005 Item # ). EIS and Checklist TPM 04-05 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION c. Be located on a geologic unit or X soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, linuefaction or collaose? d. Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risk to life or nronertv? e. Have soils incapable of X adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disnosal of wastewater? VI I. HAZARDS AND HAZARDOUS MATERIALS. Would the oroiect: a. Create a significant hazard to the X public or the environment through the routine transport, use, or disoosal of hazardous materials? b. Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or X handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or oronosed school? d. Be located on a site which is X included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the oublic or the environment? 28 of 39 6 April 26, 2005 Item # '- EIS and Checklist TPM 04-05 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION e. For a project located within an X airport land use plan or, where such a plan has not been adopted, within miles of a public airport or public use airport, would the project result in a safety hazard for people residing or workino within the oroiect area? f. Far a project in the vicinity of a X private airstrip, would the project resultin-a-safety hazard for people residing or working in the oroiect area? g. Impair implementation of, or X physically interfere with, an adopted emergency response plan or emergency evacuation nlan? h. Expose people or structures to a X significant risk of loss, injury or death involving wildland fires including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII.HYDROLOGY AND WATER QUALITY. Would the oroiect a. Result in an increase in pollutant X discharge to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen- dem~~ding substances, and trash. b. Result in significant alteration of X receiving water quality during or followino construction? c. Result in increased impervious X surfaces and associated increased runoff? 29 of 39 7 April 26, 2005 Item # ).. EIS and Checklist TPM 04-05 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION d. Create a significant adverse X environmental impact to drainage patterns due to changes in runoff flow rates or volumes? e. Substantially deplete X groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table lever (e.g. the production rate of pre- existing nearby wells would drop to a level, which would not support existing land uses or planned uses for which permits have been aranted. f. Result in increased erosion X downstream? g. Project tributary to an already X impaired water body as listed on the Clean Water Act Section 303(d) list? If so, can it result in an increase in any pollutant for which the water body is already impaired? h. Is the project tributary to other X environmentally sensitive areas? Is so, can it exacerbate already sensitive conditions? i. Have a potentially significant X environmental impact on surface water quality, to either marine, fresh, or wetland waters? j. Have a potentially significant adverse impact on ground water aualitv? k. Cause or contribute to an X exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? I. Impact aquatic, wetland, or riparian X habitat? 30 of 39 8 April 26, 2005 Item # ~ EIS and Checklist TPM 04-05 m. Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of oollute runoff? n. Place housing within a 100-year X flood hazard area as mapped on a Federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation mao? o. Place within a 1 OO-year flood X hazard area structures which would impede or redirect flood flows? p. Exposing people or structures to X a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? q. Cause inundation by seiche, X tsunami, or mudflow? IX. LAND USE AND PLANNING. Would the oroiect: a. Physically divide an established X communitv? b. Conflict with applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable X habitat conservation plan or natural community conservation olan. X. MINERAL RESOURCES. Would the oroiect: a. Result in the loss of availability of X a known mineral resource that would be of future value to the region and the residents of the State? b. Result in the loss of availability of X a locally-important mineral resource recovery site delineated on a local general plan, speCific plan or other land use olan? 31 of 39 9 April 26, 2005 Item # ,j.. EIS and Checklist TPM 04-05 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION XI. NOISE. Would the project result in: a. Exposure of persons to, or X generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other aaencies? b. Exposure of persons to, or X genera110n of excessive ground borne vibration or around borne noise levels? c. A substantial permanent increase X in ambient noise levels in the project vicinity above levels existina without the nroiect? d. A substantial temporary or X periodic increase in ambient noise levels in the project vicinity above levels existing without the oroiect? e. For a project located within an X airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or pUblic use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of X a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the oroiect: a. Induce substantial growth in an X area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure \? b. Displace substantial numbers of X existing housing, necessitating the construction of replacement housino elsewhere? 32 of 39 10 April 26, 2005 Item # ~ EIS and Checklist TPM 04-05 ISSUE POTENTIALLY POTENTIALL Y LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION c. Displace substantial numbers of X people, necessitating the construction of replacement housinq elsewhere? XIII.PUBLlC SERVICES. Would the proiect: a. Result in substantial adverse X physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. i. Fire protection? X ii. Police protection? X iii. Schools? X iv. Parks? X v. Other public facilities? X XIV.RECREA TION a. Would the project increase the X use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include X recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION rrRAFFIC. Would the project: a. Cause an increase in traffic, which X is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? .~ ,),) OT,):1 ..."'. I "", "UUi> ""III" 11 EIS and Checklist TPM 04-05 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION b. Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for desiQnated roads or hiQhwavs? c. Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards X due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.Q., farm equipment)? e. Result in inadequate emergency X access? f. Result in inadequate parking X capacity? g. Conflict with adopted policies, X plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a. Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? b. Require or result in the X construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the X construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or e~panded entitlements needed? A. . .... ........ .. I~ ~ v~ v. v_ ~.... __, ____ '0_... ~ 12 EIS and Checklist TPM 04-05 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION e. Result in the determination by the X wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve project's projected demand in addition to the provider's existing commitments? f. Be served be a landfill with X sufficient permitted capacity to accommodate the project's solid waste disoosal needs? g. Comply with federal, site and X local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential X to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels. Threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminated important examples or the major periods of California historv or orehistorv? b. Does the project have impacts that X are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effect of probably future proiects)? c. Does the project have X environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly. 35 of 39 13 April 26, 2005 Item # :J. EIS and Checklist TPM 04-05 D. DISCUSSION OF ENVIRONMENTAL EVALUATION Please refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. I. II. III. IV. V. VI. VII. 36 of 39 AESTHETICS: The project will not have a significant adverse impact on the aesthetics of the area. Future development of the created lots will be required to comply with City development standards. AGRICULTURAL RESOURCES: The present land use of the subject property is residential. The proposed subdivision will result in additional residential development. The project therefore will not have a significant adverse impact on the agricultural resources in the area. AIR QUALITY: The project could ultimately result in the development of two additional residential lots. Automobile use and other miscellaneous are emissions associated with each residence will have an incremental impact on the ambient air quality in the area. The project however will not result in a significant adverse impact on the air quality in the area. BIOLOGICAL RESOURCES: Pursuant to Vegetation Map #1 of the Poway Subarea Habitat Conservation Plan the subject property is mapped as being developed. No native habitat is shown to exist on the site. Therefore it has been determined that the project will not have a significant adverse impact on the biological resources in the area. CULTURAL RESOURCES: The project site does not contain any historical structures According to the Poway General Plan, the project site is located in an area with moderate probability of archaeological resource, but since the project proposes develop single-family homes on a previously developed residential site, the probability of finding any cultural resources is low. Therefore, it was determined that the project will not have a significant adverse impact on cultural resources in the area. GEOLOGY AND SOILS: The subject property is presently developed with two single- family residences with an associated building pad (Parcel 1 and 2). The site is located within an area that according to the Poway General Plan General Soil Association Map has mapped this area to contain Ramona-Placentia Association soil. This is a type of soil that is well drained to moderately well drained sandy loam, with a subsoil of sandy clay over granitic alluvium. HAZARDS AND HAZARDOUS MATERIALS: Pursuant to Government Code Section 65962.5 the subject property is not listed on the current listing (November 2004) of the Hazardous Materials Establishments and Sites as prepared by the San Diego County Department of Environmental Health. The project is a residential subdivision and the use will not involve hazardous materials. The project therefore will not result in a significant adverse hazardous impact in the area. VIII. HYDROLOGY AND WATER QUALITY: An incremental increase in the amount of surface runoff will result from the construction of impervious surfaces when !he 14 April 26, 2005 Item # ;1- EIS and Checklist TPM 04-05 subdivided lots are developed. The developer is required to construct drainage improvements that are capable of handling runoff on the site and that are designed in conformance with the City of Poway drainage standards. IX. LAND USE AND PLANNING: Tentative Parcel Map 04-04 has been designed to conform with the General Plan and the Poway Municipal Code. Future development of the created lots will also be required to be in character with development in the area and comply with applicable City development requirements. X. MINERAL RESOURCES: Pursuant to the City of Poway Master Environmental Assessment prepared in conjunction with the 1990 update to the Poway General Plan, there are no known mineral resources on the site. XI. NOISE: The Poway General Plan requires that the maximum exterior noise levels in a single-family residential zone not exceed 60 decibels and interior noise levels not exceed 45 decibels. Development of the subdivision will be required to conform with standards in the Poway Municipal Code and Poway General Plan. Development associated with the subdivision will result in a temporary increase in ambient noise levels in the area during the construction phases. The developer will be required to comply with the City's Noise Ordinance requirements that govern construction activity. XII. POPULATION AND HOUSING: The project will result in an incremental increase in area population, however it is not considered to be significant. The Poway Municipal Code for this zone provided conceptually for the proposed density of the subject property. XIII. PUBLIC SERVICES: The project will not have a significant adverse impact on the public services of the area. There are adequate public services to serye the project. XIV. RECREATION: The project will not have a significant adverse impact on the recreational facilities that seryice this area. There are adequate recreational facilities to serye the project. XV. TRANSPORTATION AND TRAFFIC: The project will not have a significant adverse impact on the level of service on area roadways. The project will result in an incremental increase in traffic in the area. According to the 998 SANDAG Brief Guide of Traffic Generation Rates, a total of approximately 20 new vehicle trips (10 trips for each of the two additional parcels) will be generated by the project at build-out. Development of the property will require payment of Traffic Mitigation fees for each new residence. XVI. UTILITIES AND SERVICE SYSTEMS: The project will not have a significant adverse impact on utility service in the area. There are adequate utilities to serve the project. XVII. MANDATORY FINDING OF SIGNIFICANCE: TPM 04-05 will not have a significant adverse impact on the environment because of the design of the project, coupled with the requirement to meet existing standard City requirements. 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