Res P-02-45
RESOLUTION NO. P-02-45
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 02-02
ASSESSOR'S PARCEL NUMBER 321-011-38
WHEREAS, Tentative Parcel Map 02-02, submitted Jeff Brizes, Applicant,
to subdivide a 2.5-acre property located at the southwest corner of Del Poniente
Road into four residential lots. The property is zoned Residential Single Family-
2; and
WHEREAS, on August 6, 2002 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, the City Council does hereby resolve as follows:
Section 1: The City Council finds that the proposed project has been adequately
addressed in, and is within the scope of the Mitigated Negative Declaration
(MND) certified in conjunction with TPM 98-12 dated November 16, 1999. The
subject Environmental Initial Study and MND documentation are fully
incorporated herein by this reference. The City Council further finds, on the basis
of the whole record before it, that there is no substantial evidence the project will
have a significant adverse impact on the environment.
Section 2: Pursuant to the City of Poway Subarea Habitat Conservation Plan
(PSHCP), a biological report prepared by Vince Scheidt, dated August 21, 1999,
was submitted for the property. Project grading will impact approximately one
acre of Coastal Sage Scrub habitat located on property outside of the Mitigation
Areas of the PSHCP. In accordance with the PSHCP, the required findings for
approval of the proposed mitigation for the removal of Coastal Sage Scrub
habitat for TPM 02-02 are as follows:
A. The proposed project is outside of the Mitigation Area of the PSHCP. The
mitigation is consistent with and furthers the implementing objectives of
the PSHCP in that the applicant will mitigate impacts to 1.0 acres of
Coastal Sage Scrub habitat at a 2:1 ratio. The required two acres of
habitat mitigation will be through the acquisition of suitable offsite Coastal
Sage Scrub habitat and the recordation of a biological conservation
easement deed preserving comparable undisturbed and unencumbered
habitat of equal or greater conservation value located within the PSHCP
Mitigation Area, and/or by the payment of in-lieu fees.
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Page 2
B. Preservation of such habitat within the Mitigation Area and/or payment of
in-lieu fees will contribute toward the building of the ultimate total
Mitigation Area preserve system of the PSHCP. Therefore, such habitat
preservation and/or payment of in-lieu fees will serve to enhance the long-
term viability and function of the preserve system.
C. The habitat preserved through offsite dedication or purchased by
mitigation in-lieu fees paid will be to the long-term benefit of the PSHCP
covered species and their habitats in that the recordation of a Biological
Conservation Easement deed over undisturbed and unencumbered
habitat (see "A" above) and/or the payment of in-lieu fees, will promote a
meaningful addition to the assembly of a viable regional system of
uninterrupted natural habitat resources, habitat linkages, buffers, and
wildlife corridor.
D. The preserved habitat will foster the incremental implementation of the
PSHCP in an effective and efficient manner in that the preservation of
offsite conservation area(s) will be within an identified Mitigation Area
within the City, and/or the payment of in-lieu fees will likewise contribute
towards, assembling the total Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard
to the successful implementation of the PSHCP as the subject mitigation
lands will be dedicated to the City of Poway in fee title and/or placed within
permanent public biological conservation easement deeds or in-lieu fees
will be paid.
Section 3: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 02-02, are
made as follows:
A. The map is consistent with the General Plan in that the proposed lot sizes,
dimensions, and other technical characteristics comply with the RS-2
zoning standards and General Plan designation standards.
B. The site is physically suitable for this type of development in that the site is
located within an area of residential development and uses.
C. The site is physically suitable for the density of the development in that the
lot sizes all exceed 20,000 square feet.
D. The design of the Parcel Map is not likely to cause substantial
environmental damage, and avoidable injury to humans and wildlife or
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Page 3
their habitat in that the conditions of approval assure that any impacts
associated with the project will be mitigated to a level of insignificance.
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
acquired 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 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 are in place or
will be constructed to serve the project. The following improvements are
necessary to protect the public health, safety, and welfare:
1. Onsite and offsite drainage improvements are in place or will be
constructed to handle the surface water runoff.
2. Fire hydrants are in place and will be constructed to serve the
development and provide fire protection.
3. Water and sewer fees will be paid. Onsite and offsite
improvements will be made to provide water and sewer service to
the development.
4. 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 02-02 to
subdivide a 2.5-acre parcel property located on the southwest corner of the
intersection of Del Poniente Road and Espola Road into four parcels, as shown
on the Tentative Parcel Map dated July 1, 2002, subject to the following
conditions:
A. Within 30 days of the date of this approval the applicant shall submit in
writing that all conditions of approval have been read and understood.
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Page 4
B. The site shall be developed in accordance with the approved Tentative
Parcel Map on file in the Development Services Department.
C. Approval of this request shall not waive compliance with all sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the
time of Building Permit issuance.
D. Within 30 days of approval of the Tentative Parcel Map, the applicant shall
revise the Letter of Availability previously issued for TPM 98-12 to reserve
sewerage availability for this project. The 20% non-refundable reservation
fee shall be transferred to this project.
E. Prior to recordation of the Parcel Map the applicant shall comply with the
following:
1. There shall be no further subdivision of any lot within this
subdivision and it shall be so stated on the face of the Parcel Map.
2. 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 fee shall be paid at
time of submittal.
3. Annex into Landscape Maintenance District 86-1 and install and
finance maintenance of required landscape improvements within
the designated LMD area to the satisfaction of the Director of Public
Works.
4. The property contains within it a segment of the planned community
recreation trail. Dedicate a 15-foot easement for that purpose and
improve the trail to City of Poway standards along the frontage of
the property contiguous with Del Poniente Road.
5. Easements and/or right-of-way dedications to the City within the
limits of the subdivision shall be made on the final map.
6. Offsite easement dedications by a separate instrument(s) other
than a map shall be recorded prior to final map approval.
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7. Public water and sewer utility mains to be installed within the
private street shall have the full width of said street dedicated to the
City for such purposes.
8. Water and sewer mains and 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.
9. All street rights-of-way necessary for Del Poniente Road within the
boundaries of the subdivision shall be dedicated to the public on
the final map.
10. A standard agreement shall be executed and appropriate securities
posted for construction of all street improvements, water and sewer
lines, drainage, grading, and monumentation.
11. Improvement plans for the private street, water lines, and sewer
lines, shall be prepared on standard sheets of mylar by a registered
civil engineer and submitted for approval to the Director of
Development Services. Plan check and inspection fees shall be
paid by the developer.
12. The private street shall be designed in accordance with City of
Poway non-dedicated semi-rural street standards, per City Code
Chapter 12.20, Section 12.20.080. The cul-de-sac shall meet
residential cul-de-sac requirements of 76-foot width. At a minimum,
the improvement plans shall include the following:
Street paving Cross gutter
Curb and gutter Driveways
Pedestrian ramps Street lights
13. The improvement plans shall demonstrate that the private street is
adequately designed with proper sight distances to oncoming traffic
from eastbound and westbound Del Poniente Road.
14. A Road Construction and Maintenance Agreement for the private
street shall be executed by the applicant on a form acceptable to
the City.
15. The improvement plans shall include a drainage system capable of
handling and disposing all surface water originating within the
project and all surface waters that flow onto the project from
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adjacent lands. The drainage system shall include a drainage
study, easement dedications, structures, storm drains, access
roads, and detention basin to properly handle the drainage as
required by the Director of Development Services.
16. Portland cement concrete gutters shall be installed where surface
runoff crosses the street.
17. Concentrated flows across driveways shall not be permitted.
18. Water, sewer, and fire protection system plans shall be designed
and constructed to meet the requirements of the City.
19. The applicant shall pay for a water system analysis to establish the
proper size and location for the public water system. The amount
will be determined by the cost of the analysis and shall be paid
upon demand by the City.
20. Existing public utility lines and appurtenances shall be shown on
the gradinglimprovement plans. Location of future utility boxes,
cabinets or structures shall also be shown fully dimensioned and
are subject to review through an MDRA, processed through the
Planning Division.
21. The developer shall construct a light system conforming to City of
Poway standards and subject to the following:
a. Cutoff luminaires shall be installed at the end of the cul-de-sac
to provide true 90-degree cutoff and prevent projection of light
above the horizontal from the lowest point of the lamp or light
emitting refractor or device.
b. All fixtures shall use a clear, low-pressure sodium vapor light
source.
22. The following fees shall be paid prior to Parcel Map approval:
a. Final map checking fee, $1,000 per sheet.
b. Improvement plans administrative fee, $100 per sheet.
c. Easement dedication fee, $1,000 per document, if applicable.
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23. The applicant shall comply with the following requirements to the
satisfaction of the Director of Safety Services:
a. Reconfigure layout of fire hydrants as follows:
1. Fire Hydrant 1 shall be located on the northeast
corner of Parcel 2 at the intersection.
2. Add one fire hydrant on the west side of the road in
front of Parcel 3 between the sewer and domestic
water lines currently shown.
3. Fire Hydrant 3 is approved as shown.
b. Anticipate installing residential fire sprinklers with one-inch
water laterals and one-inch water meters.
d. Fire Department turnaround requirements shall be determined
when houses are plotted on each lot.
24. The riparian area located on Parcel 1 shall be preserved within a
biological conservation easement. The easement shall be recorded
prior to clearing/grading or Parcel Map approval, whichever is first.
25. Proposed and existing electrical/communication/CATV utilities
within the project shall be installed underground. The developer
shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
F. Prior to issuance of a Grading Permit and/or Administrative Clearing
Permit the applicant shall comply with the following:
1. Mitigation for the removal of Coastal Sage Habitat shall be
completed in compliance with the Poway Subarea Habitat
Conservation Plan prior to the issuance of a Grading Permit and/or
Administrative Clearing Permit or Parcel Map approval, whichever
is first. It shall be accomplished by either purchase of offsite "in
kind" habitat within the PSHCP mitigation area or payment of the
required in-lieu fee.
2. A grading plan for the development of the lots shall be prepared on
City standard mylar sheets, drawn with a scale of 1"=20' or larger,
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and shall be submitted for review and approval by the Development
Services Department.
3. 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.
4. All new slopes shall be shown on the grading plan with a maximum
2:1 (horizontal to vertical) slope.
5. Building setbacks on the grading plan shall be shown at least five
feet from tops and toes of slopes, unless waived by the
Development Services Department.
6. Pad elevations shown on the grading plan shall not increase or
decrease by more than two feet in height from the elevations shown
on the approved Tentative Parcel Map unless otherwise approved
by the City Council.
7. The applicant shall submit to the City letters of permission from the
affected property owner for all offsite grading.
8. An erosion control plan shall be prepared by the engineer of work
and shall be submitted as part of the grading plan.
9. To ensure compliance with the Clean Water Act, the applicant shall
prepare a Storm Water Pollution Prevention Plan that addresses
prevention of non-storm material runoff into the storm drain system.
As a minimum, the plan shall include Best Management Practices
to effectively eliminate pollutants from entering 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 Prevention Plan may be incorporated
with the erosion control plan but shall be submitted under separate
cover from the grading plans.
G. The applicant shall comply with the following during construction:
1. Grading of the subject property shall be in accordance with the
Uniform Building Code, the City Grading Ordinance, the approved
grading plan and geotechnical report, and grading practices
acceptable to the City.
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2. 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.
3. The tops and toes of all graded slopes shall be constructed with a
five-foot minimum setback from any open space easement unless
otherwise approved by the Director of Development Services.
4. Street structural sections shall be submitted to and approved by the
Director of Development Services prior to their construction.
5. Erosion control, including but not limited to desiltation basins, shall
be installed and maintained by the developer from October 15 to
April 15. The developer shall make provisions to insure the proper
maintenance of all erosion control devices throughout their
intended life.
6. Prior to any work performed in the public right-of-way or City-held
easements, a Right-of-Way Permit shall be obtained from the
Development Services Department and appropriate fees paid, in
addition to any permits required.
7. Prior to blasting, a pre-blast survey of the surrounding property
shall be conducted to the satisfaction of the Director of
Development Services and a blasting permit shall be obtained from
the Development Services Department. Seismic recordings shall
be taken for all blasting. Blasting shall occur only at locations and
levels approved by the Director of Development Services.
H. Prior to Building Permit issuance the applicant shall comply with the
following:
1. 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:
a. City of Poway Water Base Capacity Fee and Meter Fee
b. San Diego County Water Authority Fee (based on current fee
at time of payment)
c. Sewer Connection Fee
d. Park Fee
e. Drainage Fee
f. Traffic Mitigation Fee
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Page 10
2. Site rough grading is to be completed and meet the approval of the
City inspector.
3. A certification of line and grade for each lot, prepared by the
engineer of work, shall be submitted to the City.
4. A final compaction report for each lot shall be submitted and
approved by the City.
5. A Development Review or Minor Development Review shall be
approved.
6. An acoustical study dated August 13, 2001, was conducted by
Gordon Bricken & Associates, analyzing the impacts of road noise
from Espola Road. The design of the new homes shall reflect the
requirements of the study.
7. The developer shall provide a current Zoning and Land Use Map or
suitable alternative, to prospective purchasers.
8. All sales maps that are distributed or made available to the public
shall include, but not be limited to, trails, future and existing
schools, parks, streets, and sound level projections produced by a
reputable acoustic consultant for homes within the subdivision.
9. Cable television services shall be provided and installed
underground. The developer shall notify the cable companies (Cox
Communications and Time-Warner Cable) when planning,
designing, and constructing for utilities is to be accomplished. The
developer shall notify the City that all cable companies have been
notified and are either included in the project or have declined to
install their facilities in the project.
I. Prior to issuance of a Certificate of Occupancy for a new house, the
applicant shall comply with the following:
1. Street and public improvements, as noted in the Standard
Agreement for Construction of Public Improvements, shall be
constructed within the time limit set forth in said agreement.
2. Driveway and all drainage improvements shall be installed,
completed, inspected, and approved by the Engineering inspector.
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Page 11
3. All damaged offsite and onsite public works facilities, including
parkway trees, shall be repaired and replaced prior to exoneration
of securities to the satisfaction of the Director of Development
Services.
4. Record drawings, signed by the engineer of work, shall be
submitted to Development Services prior to a request for
occupancy, per Section 16.52.130, Note B, 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.
5. Each lot shall be conditioned to comply with the City of Poway
landscape guidelines as they relate to fuel management zones.
Section 6: The approval of this Tentative Parcel Map expires on August 6, 2004,
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 prior to 90 days of 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 granted for the City
Council prior to the expiration date.
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,
reservations, or exactions imposed pursuant to this approval shall begin on
August 6, 2002.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, State of California, at a regular meeting this 6th day of August 2002.
ATTEST: '"'
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Lori V\nne Peoples, City Cler
Resolution No. P-02-45
Page 12
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-02-45
was duly adopted by the City Council at a meeting of said City Council held on
the 6th day of August 2002 and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE