Res P-17-05 RESOLUTION NO. P-17-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL
MAP 15-001, AND UNDERGROUND WAIVER 16-001,
MINOR DEVELOPMENT REVIEW APPLICATION 17-001
ASSESSOR'S PARCEL NUMBER 314-220-58
WHEREAS, Tentative Parcel Map (TPM) 15-001, Underground Waiver (UW) 16-
001, and Minor Development Review (MDRA) 17-001 were submitted by Verden Lee and
Tamyra Jill Bettilyon, Property Owners, requesting (1) a two-lot subdivision of a 0.49-acre
parcel located at 13737 Temple Street in the Residential Single Family — 7 (RS-7) zone,
(2) a waiver of the requirement to underground existing overhead utilities, and (3) the
conversion of an existing guest house to a 975-square-foot single-family residence, which
includes converting approximately 321 square feet of an existing storage area to habitable
space and constructing a 154-square-foot habitable addition;
WHEREAS, on March 21, 2017, the City Council voted to continue the item until
April 4, 2017;
WHEREAS, on April 4, 2017, 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: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as Classes 1, 3, and 15 Categorical Exemption, pursuant to Sections
15301(e), 15303(a), and 15315 of the CEQA Guidelines, in that the project involves the
division of land into two parcels within an urbanized area in compliance with all City codes
and standards and the average slope of the property is less than 20 percent and in that it
involves a minor residential addition and the conversion of an existing guest house to a
single-family residence located in a residential zone.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. Seq.), for Tentative Parcel Map (TPM) 15-001 are
made as follows:
A. That the proposed map is consistent with the objectives, policies, general land
uses and programs of the General Plan in that it proposes to create two residential
lots at a density that is consistent with the General Plan designations and Poway
Municipal Code (PMC) standards.
B. That the design or improvement of the proposed subdivision or lot division is
consistent with the General Plan in that the approved lot sizes and configurations
adhere to the development standards of the General Plan and PMC.
Resolution No. P-17-05
Page 2
C. That the site is physically suitable for the type of development in that the site is
large enough to provide two lots of regular shape and dimension.
D. That the site is physically suitable for the proposed density of development in that
the site is large enough to provide two lots of regular shape and dimension.
E. That the design of the lot division is not contrary to the policy of the State legislature
as stated in Chapter 1, commencing with Section 21000, of the State Public
Resources Code, or likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat in that the project
will not be impacting any native habitat.
F. That the design of the lot division is not likely to cause serious public health
problems in that City water and sewer services are available to the site.
G. That the design of the lot division will not conflict with easements, acquired by the
public at large, for access through or use of, property within the proposed
subdivision in that the conversion of the existing guest house on the site to a single-
family home can be accommodated without obstructing or otherwise impacting
existing or new easements.
Section 3: The findings for MDRA 17-001 to convert an existing guest house to a 975-
square-foot single-family residence, which includes converting approximately 321 square
feet of an existing storage area to habitable space and constructing a 154-square-foot
habitable addition, in accordance with Section 17.52.010 of the Poway Municipal Code
(PMC) Purpose of Development Review, are made as follows:
A. That the single-family residence has been sited to minimize landform alteration,
and conform to City zoning and grading standards. Therefore, the proposed use
respects the interdependence of land values and aesthetics to the benefit of the
City; and
B. That the approved project will not have an adverse effect on the aesthetics, health,
safety, or architecturally-related impact upon adjoining properties, as the single-
family residence is consistent with surrounding residences. Therefore, the
proposed design, size and scale of the proposed project is compatible with and will
not adversely affect, or be materially detrimental to, adjacent uses, residents,
buildings, structures, or natural resources; and
C. That the granting of the MDRA would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements
necessary for the new residence; and
D. That the project has been designed to minimize impacts on the surrounding
community through the use of earth-toned wall and roof materials. Therefore, the
proposed development respects the public concerns for the aesthetics of
development; and
Resolution No. P-17-05
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E. That the proposed use will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity, nor be contrary
to the adopted General Plan because it will meet all development requirements;
and
F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan.
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.
B. In accordance with the Poway General Plan, the project requires the payment
of development impact fees, which are assessed on a pro-rata basis to
finance public infrastructure improvements which promote a safe and healthy
environment for the residents of the City.
Section 5: The City Council hereby approves Underground Waiver (UW) 16-001 and
waives the requirement for undergrounding one utility pole and existing overhead service
within the adjacent Temple Street to the east of the project site, pursuant to City Council
Resolution 91-003. The existing overhead utility connections serving the existing
residence on the proposed Parcel 1 shall be relocated underground to the nearest pole.
Utility lines to the future home on Parcel 2 shall also be placed underground from the
nearest pole.
Section 6: The City Council hereby approves TPM 15-001 and MDRA 17-001 as
shown on the approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City may
elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation-related
decisions, including, but not limited to, settlement or other disposition of the matter.
Resolution No. P-17-05
Page 4
However, the applicant shall not be required to pay or perform any settlement
unless such settlement is approved by applicant.
B. Approval of this request shall not waive compliance with any section of the Zoning
Ordinance or other applicable City ordinances in effect at the time of Building
Permit issuance.
C. This approval is based on the existing site conditions represented on the TPM.
If actual conditions vary from representations, the map must be changed to reflect
the actual conditions. Any substantial changes to the approved TPM, prior to
Parcel Map approval, must be approved by the Director of Development Services
and may require approval of the City Council.
D. The developer is required to comply with the Poway Noise Ordinance (Chapter
8.08 PMC) requirements that govern construction activity and noise levels.
E. Within 30 days of this approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
F. Prior to Parcel Map approval, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. The applicant shall include provisions in their design contract with their
design consultants that, following acceptance by the City, all construction
drawings or technical reports accepted by the City(exclusive of architectural
building plans) shall become the property of the City. Once accepted, these
plans may be freely used, copied or distributed by the City to the public or
other agencies as the City may deem appropriate. An acknowledgement of
this requirement from the design consultant shall be included on all
construction drawings at the time of plan submittal.
2. Private utility service and access easements including the sewer easement
in benefit of Parcel 1 are to be reserved on the final map.
3. The existing overhead utility connections serving residences on Parcel 1
and Parcel 2 and all proposed utility connections shall be relocated
underground to the nearest pole.
4. The proposed water service to the new parcel shall be located so that it
fronts Parcel 2. Prior to start of any work within the City right-of-way, a
Right-of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
5. Applicant shall enter into a Private Street Maintenance Agreement for the
private road within the subdivision. The form and content shall be in a form
satisfactory to the City Attorney.
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Page 5
6. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of
the parcel map, for the mylar reproduction of the recorded tract map shall
be posted. If a mylar copy of the map is provided to the City within three
months of its recordation or prior to building permit issuance, whichever
comes first, the security shall then be returned. (See Poway Municipal
Code Section 16.12.060 B for subdivider's responsibility to provide a
reproducible mylar copy to the City.)
7. The applicant shall pay the drainage impact development fee in effect at the
time of subdivision. Listed below is the current applicable fee:
$2,168.19 Midland Basin
8. A fee of$1,100.00 per sheet of the final map for plan check is required.
(Planning)
9. The applicant shall demolish the guest house or obtain a building permit to
convert the existing guest house into a single-family home consistent with
MDRA 17-001 and be cleared for obtaining a certificate of occupancy of the
new home.
G. Prior to Building Permit issuance of the conversion of the existing guest house to
a single-family residence, the applicant is required to comply with the following:
1. The building plans shall be consistent with the stamped, approved plans on
file in the Development Services Department, except as modified by the
conditions herein.
2. Development on the site must comply with the Poway Noise Ordinance,
Chapter 8.08 PMC. Construction work is specifically regulated by PMC
8.08.100.
(Engineering)
3. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan and be appropriately sized for the proposed level
of development.
4. A minimum cash security of$2,000 for erosion control is required.
5. The applicant shall attend a pre-construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer.
The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control will
be discussed. Compliance for sediment control shall be provided as
directed by the project inspector.
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6. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is $527.
7. Erosion control shall be installed and maintained by the developer from
October 1 to April 30. The developer shall maintain all erosion control
devices throughout their intended life.
8. Prior to start of any work within a City-held easement or right-of-way, a
Right-of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
9. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. The following is a list of the currently estimated
fees due for Parcel 2:
a. Water (1" Meter) $5,448
b. Sewer $5,836
c. Traffic $2,357
d. Park $4,562
e. Fire Apparatus $122.03
There is also a required fee to the San Diego County Water Authority in the
amount of $8,046 for a 1" meter.
(Planning)
10. Applicable school fees in effect at the time of Building Permit issuance shall
be paid to the Poway Unified School District (PUSD).
11. The applicant shall pay an affordable Housing In-Lieu Fee in effect at the
time of the issuance of a building permit. Currently the fee is $200 based
on a home measuring less than 1000 square feet and located in the RS-7
zone.
12. The site plan shall show landscaping is to be installed or maintained, if
existing, within areas of the required front yard not otherwise occupied by a
driveway and walkway.
13. The site plan shall show that fencing within the front yard setback will be no
higher than 6 feet and any portion of the fence higher than 4 feet shall be
open fencing.
14. The site plan shall provide off-street parking to the satisfaction of the
Director of Development Services.
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Page 7
H. Prior to issuance of a Certificate of Occupancy for the new home on Parcel 2, the
applicant is required to comply with the following:
1. The site shall be developed and the building elevations shall be constructed
in accordance with the approved plans on file in the Development Services
Department and the conditions contained herein. A final inspection from
appropriate City departments will be required
(Engineering)
2. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
3. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility services
shall be placed underground.
4. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the satisfaction
of the Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to the streets caused by construction activity from this project.
6. The Parcel Map for TPM15-001 shall be recorded.
The following requirements shall be completed to the satisfaction of the Director of
Safety Services:
1. The driveway shall be accessible to Fire Department apparatus by way of
access roadways with an all-weather, paved driving surface of not less than
16-feet of unobstructed width capable of supporting the imposed loads
(75,000 pounds) of fire apparatus with a minimum of 13 feet 6 inches of
vertical clearance. The Fire Chief, pursuant to the Poway Municipal Code,
shall approve the road surface type.
Section 7: The approval of TPM 15-001 and UW 16-001, and MDRA 17-001 shall
expire on April 4, 2019, at 5:00 p.m. The Final Map conforming to this conditionally
approved Tentative Parcel Map shall be filed with the City so that the City may approve
the Final 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.
Resolution No. P-17-05
Page 8
Section 8: The parties are hereby informed that the time within which judicial review of
this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California at a regular meeting this 4th day of April 2017.
S Vaus, Mayor
ATTEST:
NaD�Y uf Id,g , City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-17-05 was duly adopted by
the City Council at a meeting of said City Council held on the 4th day of April 2017, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nan y eu el•, CMC, City Clerk
City of Poway