Res P-00-07RESOLUTION NO. P- 00 - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 99-05
ASSESSOR'S PARCEL NUMBER 314-820-28
WHEREAS, E Iai ,~ I and Tentative Parcel Map 99-05,
hereinafter "Map" was submitted by K -lian, applicant, Bill Netolicky, owner,
requesting approval to subdivide a 1.92 acre property located at 14620 Pomerado Road
into four lots came before City Council for public headng and action on January 11, 2000;
and
WHEREAS, pursuant to G ~ Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must b that complies with Section 66020;
and
WHEREAS, the Director of Development Services h :led approval of
the map subject to all conditions set forth in the Development Services Department report;
and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that the project will not have a significant adverse impact on
the l and hereby issues a Negative Declaration with Mitigation
Measures. Conditions reflecting mitigation req ';]nified by use of an
asterisk (*).
The City finds that in accordance with the Poway Habitat Conservation Plan the
required findings for approval of the mitigation for the removal of natural habitat are
as follows:
The mitigat' : with and furthers the implementing objectives of
the Poway Habitat Conservation Plan in that the developer is required to
mitigate removed habitat at a 2:1 ratio through off-site dedication of
undisturbed and unencumbered habitat, and/or payment of a mitigation in-
lieu fee at th ~)lished at grading or clearing permit issuance.
Resolution No. P-00-07
Page 2
=
The mitigation habitat shall be located in the Mitigation Area to enhance the
long-term viability and function of the preserve system.
The mitigation will be to the long-term benefit of the covered species and
their habitats in that the payment of a mitigation cash in-lieu fee or the
dedication of a : over undisturbed coastal sage and
grassland habitat will promote a meaningful addition to the assembly of a
viable regional system of' ' :1 natural habitat habitat
linkages, buffers and wildlife corridors.
The mitigation shall foster the incremental implementation of the Poway
Habitat Conservation Plan in an effective and efficient that any
proposed off:site conservation area is required to be within an identified
mitig' ' *:hin the City or the payment of a mitig fee which
will go towards the purchase of like habitat within an identified mitig
within the City.
The mitigation will not result in a negative fiscal impact with regard to the
~ implementation of the Poway Habitat Conservation Plan.
The approved project is consistent with the General Plan in that the
proposed lots are being created as residential building lots each greater
than 15,000 square feet in size.
The site is physically suitable for the type of development proposed in that
the project has been designed to comply with City hillside development
standards and req
The site is physically suitable for the density of the development proposed,
in that the lot sizes and configuration have been designed to make
allowances for the steep topography of the site.
The design of the parcel map is not likely 1 ~)stantial
damage or avoidable injury to h -1 wildlife or their habitat in that the
property proposed for new development contains little suitable habitat within
the area designated for development. Compliance with the Poway Subarea
Habitat C Plan has been obtained.
The parcel map is not likely1 public health problems because
the City water and sewer system is provided.
Resolution No. P- 0 0- 0 7
Page 3
The design of the parcel map will not conflict with any easement acquired by
the public at large, now of record, 1' through or use of the property
within the proposed subdivision.
7. The approved project will not create adverse impacts on the
and a Negative Declaration with Mitigation M issued.
The City Council hereby approves Tentative Parcel Map 99-05 subject to the
following conditions:
Within 30 days of approval, the applicant shall submit in writing that all
conditions of approval have been read and understood and a revised project
drawing shall be submitted to the Development Services Department,
Planning Division, which reflects any and all changes which have resulted
from the public hearing.
This approval shall become null and void if the parcel map is not recorded
within two years from the date of project approval. ^ request for time
ex1 : be submitted to the Development Services Department within
60 days of the expiration of the tentative parcel map.
APPLICANT SHALL CONTACT THE DEPARTMENT OF DEVELOPMENT SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
The map shall I:
in the Planning
condil' ~ '
l with the approved tentative parcel map design on file
Division of the Development Services Department and the
~1 herein.
The property shall be annexed into Landscape M District 83-1A to the
sa1 = the Director of Public Services prior to final map.
The parcel map shall conform to City standards and procedures, City subdivision
ordinance, Subdivision Map Act, Land Surveyors Act, the Resolution of Approval as
approved by the City Council and shall be in substantial with the
approved tentative parcel map.
Resolution No. P- 00-07
Page 4
The private street shall be designated as Parcel "A". It shall be reserved as a
private road easement appurtenant to all lots in the subdivision. It shall also be
dedicated to the City ~1' :1 sewer lines purposes.
The westedy portions of Parcels 3 and 4 located above the westerly slopes in said
lots, as depicted on the tentative parcel map, shall be dedicated as an open space
easement to the City. The dedication shall be made on the parcel map.
Abutter's rights of access from Lot 1 to and from Pomerado Road shall be waived
to the City.
An additional 5-foot wide street right-of-way for Pomerado Road, along the
subdivision's frontage, shall be offered to the City for public street purposes. The
City could either reject or accept the offer at parcel map approval. Should the City
decides to reject at map approval, the acceptance of the dedication shall be made
by a City resolution at a later date.
Dedication of all required easements to the City and/or on behalf of the public that
are within the subdivision, i.e., for street rights-of-way, water and lines, general
utility, and abutter's rights of access shall be made on the parcel map.
A road ;Ireement, in a f ' ' ¥ to the City Attorney, shall be
executed by the developer/subdivider (PMC Section 12.20.060). The agreement
shall be submitted to the City for review prior I Jation.
10. Prior to parcel map approval, the following conditions shall be met:
E.
F.
G.
Payment of map checking fee.
Posting and/or payment of performance, payment, and · lion
securities.
Execution of an agreement for the construction of public/private
imp
Approval of improvement plans.
Approval of grading plans.
Recordation of private road greement.
Compliance of all applicable conditions as stated in the Resolution of
Approval.
Resolution No. P- 00-07
Page 5
Prior to I
Grading Permit and/or Administrative Clearing Permit:
11',
Mitigation for the removal of natural habitat shall be completed in compliance with
the Poway Subarea Habitat C Plan prior to the ' ! a grading
and/or ad ;] permit or final map recordation, whichever is first. It
shall be accomplished by either purchase of offsite "in kind" habitat within the
PSHCP mitigar payment of the required in-lieu fee.
12.
A development review or minor development review shall be approved. Fifteen
percent of the units created shall be affordable to I households. A
developer of for-sale housing may, in lieu of providing required 3/housing
fsite, pay an affordable housing in-lieu 1' ~ance with Section
17.26.300 of the Poway Municipal Code.
13,*
An study was completed on the project. In order to mitigate noise
impacts to 60dB CNEL, 6 foot high solid d :1 walls shall be constructed
in conformance with the I' 3own on Figure 4 of the November 14, 1999
Addendum to Noise Analysis Report on file in the Poway Planning Division prior to
grant of certificate of occupancy for any dwellings on any of the lots. The walls shall
:1 of d 3/block or decorative block and glass. A follow-
up noise study shall be provided to the Poway Planning Division to certify
compliance with the 60 dB CNEL standard.
14.
The developer shall provide a current Zoning and Land Use Map, or suitable
alternative, to prospective purchasers.
15.
All sales maps that ara distributed or made available to the public shall include, but
not be limited to, trails, future and existing schools, parks, streets, and sound level
p produced by a reputable acoustic consultant for homes within the
subdivision.
16.
Pad 3own on the grading plan shall not increase by more than two feet
in height from th 3own on the approved tentative parcel map unless
otherwise approved by the City Council. In accordance with the Poway General
Plan hillside development requirements, Parcels 3 and 4 shall have split level
foundations.
17.
T 31iance with the Clean Water Act, the applicant shall prepare a Storm
Water Pollution Prevention Plan that addresses prevention of material
runoff into the storm drain system. As a ' ' the plan shall include Best
Management Practices to effectively eliminate pollutants f 3 the channel
or other storm drain system. The applicant shall certify the Storm Water Pollution
Prevention Plan prior to the approval of the grading plan. The Storm Water Pollution
18.
19.
20.
21.
22.
23.
Resolution No. P- 0 O- 0 7
Page 6
Prevention Plan may be incorporated with the erosion control plan but shall be
submitted under separate cover from the grading plans.
The developer shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
An 18 inch high (approximately) decorative block retaining wall which matches the
noise wall shall be :1 at the bottom of the slope on Lot 1 along the
Pomerado Road frontage to prevent the slope along Lot 1 from eroding onto the
public sidewalk. The exact size and location shall be to the satisfaction of the
Director of Public Services.
A ' ' : 430 feet of clear sight visibility shall b J from the project
exit point to the north. A stop sign shall be installed at the exit point to the
sat :the City's Traffic Engineer.
The subdivider shall submit grading plans, permit application(s), plan checking/
inspection fees, geotechnical report, and geotechnical review fees to the
Development Services Department.
Grading of the subdivision shall be in substantial lh the approved
I 3 and in accordance with the Uniform Building Code and City Grading
Ordinance.
E lrol, including but not limited to desiltation basins, shall be installed and
:1 from October 15 to Apd115. 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 provisions to insure prop ~ all lrol
devices.
24. Prior to grading permit issuance, the following shall be met:
25.
26.
B.
C.
D.
E.
Payment of permit(s), plan checking, inspection, and geotechnical fees.
Approval and/or payment of grading securities.
Approval of soils report.
Approval of grading plans.
Submittal of a ~ ' pollution prevention plan.
The subdivider shall submit plans for imf I all public street rights-of-way,
public drainage, water, and sewer systems, and the private street to the
Development Services Department for approval.
Imp 3all t: :1 in accordance with City adopted standards and
specifications, the latest adopted edition of the Standard Specifications for Public
27.
28.
29.
30.
Resolution No. P- 00- 07
Page 7
Works Construction and its corresponding San Diego supplements, the current San
Diego Regional Standard Drawings.
The subdivider shall provide for a drainage system capable of handling and
disposing of all surl' ';linating within the subdivision and all surf
that may flow onto the subdivision from adjacent lands. Said drainage system shall
include any and required by the Director of Development
$ City Engineer to propedy handle the drainage and shall be designed so
as to prevent ponding of surface water that would create a public hazard or
nuisance.
The subdivider shall execute an agreement for the construction of public
imp herein referred as "Agreement", to insure that all improvement
requirements shall be completed within the time allowed by the City. The
Agreement shall also include the construction of the private street.
Imp shall be completed within two years from date of approval of the
Agreement referenced in Condition No. 28, or prior to building permit issuance,
which first. Completion time may be extended with the approval of the
City Council.
The following imp
otherwise:
shall be designed and
' :1, unless noted
Pomerado Road - R -t repl ;I AC sidewalk with concrete
sidewalk and any broken concrete curb and gutter along the subdivision's
frontage.
B=
- Install a street light along Pomerado Road at the southerly curb
return of the proposed p ' Street light shall be per City standards.
Public water ~ - Water and -1 appurtenances
shall be constructed in the private street for to the systems in
Pomerado Road. The size of the water main shall be as established by a
water system analysis to be prepared by a City designated consultant. Cost
of the analysis shall be paid for by the subdivider/developer. S
shall be a ' ' : 8" diameter pi[: :h :)proved by
the City Engineer. Water and sewer service laterals shall be provided to
each lot in the subdivision.
Fire hydrantJs shall be installed at locations determined by the City Fire
Marshal.
31.
32.
33.
34.
Resolution No. P- 00-07
Page 8
- Per City standards for Nondedicated Local Urban Road
modified to a 28-foot roadway in a 38.00 right-of-way (PMC Sections,
12.20.010, 12.20.070 and 12.20.080). Cul-de-sac shall be improved to a 76-
foot diameter (curb to curb) roadway with a right-of-way diameter of 86.00
feet. Pavement structural section shall be based on a traffic index (TI) of 5.6.
All new and existing electrical/ ~CA'I'V utilities within the boundaries
of the subdivision shall be installed underground prior to installation of concrete
curbs, gutters, sidewalks and surfacing of the streets. The subdivider is responsible
for complying with the req ' :this condition, and shall make th
arrangements with each of the serving utilities.
The I :1 sizes of all utility boxes within street rights-of-way shall be shown
on the improvement plans.
A right-of-way permit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in public street rights-of-
way or City-held easements.
The subdivider shall obtain an encroachment permit from the City for any private
imp placed within public street rights-of-way or City easements.
,rmits:
The following development fees shall be paid for each lot prior to building permit
issuance. Fees shall be those in effect at time of payment:
Co
D.
E.
F.
G.
H.
City of Poway water base capacity fee & meter fee
San Diego County Water Authority fee (based on current fee at time of
payment)
S fee
Park fee
Drainage fee
Traffic mitigation fee
School fees
Affordable Housing
35.
Within 30 days afl' ' ' ;I City Council approval of the project, the applicant
shall apply for a Letter of Availability (LOA) to reserve sewerage availability for 4
and post with the City, a nonrefundable
reservation fee equal to 20% of the sewerage fee in effect at the time
Resolution No. P-00- 07
Page 9
the LOA is issued. The 20% reservation fee is $1,884.80, based on City's current
fee schedule. It is subject to change without further notice.
An additional 30% of
map approval. Th
fee shall be paid within 30 days from parcel
· ' .3 balance to be paid prior to building permit issuance.
36.
Should there be any work outside the limits of the subdivision, the
subdivider/developer shall obtain a letter of I~ from each offsite property
owner for all required works located in their respective properties.
37.
Concurrent with parcel map recordation, the developer shall record deed ~
on each lot limiting the type of fencing along the southerly property lines of Lots 1,
2 and 3 to black vinyl coated chain link or dark colored decorative iron. No solid
fencing is allowed along the referenced areas except for noise attenuation
purposes.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
38.
All parcels shall be equipped with one inch
and residential fire sprinklers.
one inch water laterals
39. Lot 4 appears to reflect a ten foot wide driveway; this shall b ' ' : 12 feet
wide. If lots 3 and 4 share a driveway, it shall be at least 16 feet wide.
40.
Parcels having a driveway exceeding 150 feet shall also have approved Fire
Department t :Is.
41.
The installation and approval of fire hydrants by the City Development Services
Department shall precede the delivery of combustibles to the site.
42.
The access road and cul-de-sac shall have the first lift of asphalt applied prior to
delivery of materials (combustibles) to the site.
APPROVED and ADOPTED by the City Council of the?/City of Poway, State of
California, this 11th day of January 2000. ~
ATTEST: Michae'h~. Cgfagna~
nne Peoples, City Olerk
Resolution No. P- 00-07
Page 10
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury, that the foregoing Resolution No. P-00- 07 was duly adopted by the
City Council at a meeting of said City Council held on the 11th day of January 2000, and
that it was so adopted by the following vote:
AYES: HIGGINSON, GOLDBY,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, REXFORD, CAFAGNA
~or 2n~e Pe~oples, C'~ CI r~'k
City of Poway