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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