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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. Resolution No. P-02-45 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 Resolution No. P-02-45 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. Resolution No. P-02-45 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. Resolution No. P-02-45 Page 5 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 Resolution No. P-02-45 Page 6 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. Resolution No. P-02-45 Page 7 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, Resolution No. P-02-45 Page 8 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. Resolution No. P-02-45 Page 9 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 Resolution No. P-02-45 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. Resolution No. P-Q2-45 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: '"' r--ý,Î1' Q ~t , ,é\ L ..........' ~ J"" 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