Res P-04-22
RESOLUTION NO. P-04-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP (TPM) 03-04
ASSESSOR'S PARCEL NUMBER 314-242-08
WHEREAS, a request for a Tentative Parcel Map (TPM) 03-04 to subdivide a
0.47-acre (net) parcel into two residential lots was submitted by Danny Gallipoli,
Applicant; and
WHEREAS, the subject property is located at 13679 Somerset Road within the
Residential Single-Family 7 zone and the Old Poway Specific Plan area, and also has
access to Janette Lane; and
WHEREAS, on March 23, 2004, 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, TPM 03-04, is found to be Categorically Exempt from the
California Quality Act (CEQA), as a Class 15, to Section 15315 of the CEQA Guidelines,
in that the project involves a minor land division within an urbanized area consistent with
the General Plan and Zoning requirements.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 03-04, are made
as follows:
A. The Tentative Parcel Map is consistent with the General Plan, in that it proposes
to create two residential lots at densities consistent with the General Plan and
Poway Municipal Code designations.
B. The design and improvements required of the Tentative Parcel Map are
consistent with all applicable general and specific plans; in that the approved lot
sizes and configurations adhere to the development standards of the General
Plan and Poway Municipal Code.
C. The site is physically suitable for the type of development and the density
proposed, in that the site is large enough to provide two lots of regular shape and
dimension and has access to Somerset Road and Janette Lane.
Resolution No. P-04-22
Page 2
D. The design of the Tentative Parcel Map is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or their
habitat in that the project is an in-fill project on a previously disturbed property.
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 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 3: 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. The
construction of public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as identified below:
1. On-site drainage improvements will be constructed to handle the surface
water runoff.
2. Water and sewer fees will be paid. On-site and frontage improvements
will be made to provide water and sewer service to the development.
3. Access to the site will be provided in accordance with City standards and
to ensure adequate emergency access. Janette Lane along the project
frontage will be improved to City Standards and dedicated for public right-
of-way.
Section 4: The City Council hereby approves Tentative Parcel Map 03-04, to allow the
subdivision of a 0.47-acre (net) parcel into two residential lots located, as shown on the
Tentative Parcel Map dated December 18, 2003, subject to the following conditions:
A. This approval is not inclusive of the design of the proposed single-family homes.
Separate approval of the home design and footprints shall be applied for through
the Minor Development Review process prior to issuance of Building Permits.
B. Approval of this request shall not waive compliance with any sections of the
Zoning Ordinance and all other applicable City ordinances in effect at the time of
Building Permit issuance.
Resolution No. P-04-22
-- Page 3
C. This approval is based on the existing site conditions represented on the
approved Tentative Parcel Map. If actual conditions vary from representations,
the approved map must be changed to reflect the actual conditions. Any
substantial changes to the approved Tentative Parcel Map, 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
requirements that govern construction activity and noise levels.
E. Within 30 days of this approval, the applicant shall:
1. Submit in writing that all conditions of approval have been read and
understood, and
2. Apply for a Letter of Availability (LOA) to reserve sewerage availability for
one Equivalent Dwelling Units (EDU) and post with the City a non-
refundable reservation fee of 20 percent of the sewerage connection fee in
effect at the time the LOA is issued.
-- F. Prior to Parcel Map approval, unless other timing is indicated, the following
conditions shall be complied with.
1. The subdivider shall submit a Parcel Map to the Development Services
Department for review and approval prior to its recordation in the office of
the Recorder of San Diego County. The Parcel Map shall be prepared in
conformance with City standards and procedures, City subdivision
ordinance, Subdivision Map Act, Land Surveyors Act, this Resolution as
approved by the City Council, and shall be in substantial conformance with
the approved Tentative Parcel Map.
2. The final Parcel Map shall be submitted to the Development Services
Department, Engineering Division, for review and approval, together with
the supporting data and documentation. The applicable map checking
fees ($1,000 per sheet) shall be paid.
3. Easements and right-of-way dedications to the City within the limits of the
subdivision shall be made on the final map. Water and sewer mains, and
their 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.
4. Existing easements held by private entities or individuals such as, but not
limited to, public utilities, ingress and egress, road, and other incidental
purposes shall not be defeated or compromised for the purpose it was
Resolution No. P-O4-22
Page 4
intended without prior approval of easement holders. The subdivider shall
be solely responsible to preserve and/or accommodate the rights of
easement holders.
5. An appropriate security shall be posted for the monumentation of all lot
corners.
6. The applicant shall cause the dedication of public right-of-way for Janette
Lane along the project frontage to obtain a public right-of-way width of 56'.
Portions of Janette Lane within the subdivision may be dedicated on the
final map. Off-site portions shall be dedicated by separate instrument, and
shall be submitted to the City for review, approval and recordation. For
off-site dedications, the applicant shall provide a plat map, legal
description, and a $1,000 review fee.
7. Improvement plans for Janette Lane along the subdivision boundary shall
be submitted, reviewed and approved by the Engineering Division.
Janette Lane shall be designed to Poway Municipal Code, Section
12.20.080, standards for a local urban road. The improvement plans shall
be prepared by a State Registered Civil Engineer. The improvements
shall consist of, but are not limited to, roadway paving to attain a roadway
width of 36', construction of concrete curb, gutter, sidewalk, streetlights,
street signage, lane markings, sewer and water main extensions, and
transitions to the existing westerly and easterly improvements of Janette
Lane.
8. Should there be a need for a new fire hydrant, the applicant shall provide
a fee of $1,250 for a water system analysis to establish the proper size
and location of the public water system. The improvement plans for
Janette Lane shall include any fire hydrant improvements.
9. Appropriate securities shall be posted, for construction of all street
improvements, water and sewer lines, drainage, and lot monumentation.
G. Prior to Grading Permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
1. Grading plans for development of the lots prepared on a City of Poway
standard mylar at a scale of 1"=20', shall be submitted along with a
Grading Permit application and applicable fees to the Development
Services Department-Engineering Division for review and approval. A
grading plan submittal checklist is available at the engineering division
front counter. As a minimum, the grading plan shall show the following:
Resolution No. P-04-22
- Page 5
a. Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space areas and property lines.
Buildings shall be located at least five feet from tops and toes of
slopes, unless waived by the Planning Division and/or Engineering
Division prior to issuance of a Grading Permit.
b. Driveways, in compliance with the specifications provided in
Section 17.08.170D of the Poway Municipal Code, and including
minimum structural sections together with their elevations and
grades.
c. A separate erosion control plan for prevention of sediment run-off
during construction.
d. A certificate signed by a registered civil engineer that the grading
plan has preserved a minimum of 100 square feet of solar access
for each dwelling unit and for each future building site within the
subdivision.
e. All utilities (proposed and existing), together with their
- appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved Encroachment
AgreemenUPermit.
f. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work.
2. 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.
3. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Concentrated flows across driveways are not permitted.
4. Prior to issuance of a Grading Permit, the owner shall have prepared a
-- Storm Water Pollution Prevention Plan (SWPPP) that effectively
addresses the elimination of non-storm runoff into the storm drain system.
The SWPPP shall include, but not be limited to, an effective method of
hillside erosion and sediment control; a desilting basin with a capacity of
3,600 cubic feet of storage per acre drained, or designed to remove fine
Resolution No. P-04-22
- Page 6
silt for a ten-year, six-hour storm event; a material storage site; measures
to protect construction material from being exposed to storm runoff;
protection of all storm drain inlets; on-site concrete truck wash and waste
control; and other means of Best Management Practices (BMPs) to
effectively eliminate pollutants from entering the storm drain system. A
copy of the SWPPP shall be submitted to the Engineering Division.
5. Pad elevations shown on the grading plan shall not increase by more than
two feet in height from the elevations shown on the approved tentative
map, unless otherwise approved by the City Council.
6. The applicant shall pay all applicable engineering, plan checking, map
checking, permit, and inspection fees. The driveway construction cost
shall be included in the cost estimates for plan checking and determination
of inspection fees.
7. Grading securities in the form of a performance bond and cash deposit, or
a letter of credit shall be posted with the City. A minimum $2,000 cash
security is required.
--- 8. Should there be a need for a new fire hydrant, a water system analysis
shall be prepared to establish the proper size and location of the public
water system. The applicant shall pay to the City the cost of preparing the
analysis. If water improvements are required, the applicant shall submit
improvement plans for approval by the Engineering Division, and pay the
plan check and inspection costs.
9. An archeological reconnaissance prepared by a qualified archaeologist
shall be submitted to assess cultural resources on the property.
Depending on the results of the reconnaissance, a more detailed
archaeological survey may be required for areas subject to grading and
construction activities to the satisfaction of the Director of Development
Services.
H. Prior to Building Permit issuance, the applicant shall comply with the following:
1. The Parcel Map for TPM 03-04 shall be recorded and a mylar copy of the
recorded map shall be provided to the City.
2. A Minor Development Review Application shall be submitted to the
-- Planning Division for review and approval for a single-family residence.
3. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Resolution No. P-O4-22
Page 7
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an on-site desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with an approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all areas prior to discharge, effectively creating a desiltation
basin from the pad.
4. A $2,000 erosion control cash security for each lot shall be posted with the
City.
5. Erosion control devices, including, but not limited to, desiltation basins,
shall be installed and maintained by the developer throughout construction
of the project. The applicant shall comply with all local and State
mandated NPDES requirements and implement BMP's to the satisfaction
of City inspectors.
6. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. Grading of lots shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the
approved soils report, and grading practices acceptable to the City.
7. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. At a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with orange construction fencing. A
written certification from the engineer of work or a licensed surveyor shall
be provided to the Engineering Inspector stating that all protected areas
are staked in accordance with the approved project plans.
8. Prior to start of any work within City-held easements or right-of-way,
including construction of driveways, 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. Rough grading of the lots is to be completed and meet the approval of the
City inspector and shall be include the submittal of the following:
a. A final soil compaction report for each lot for review and approval
by the City.
Resolution No. P-O4-22
Page 8
b. A certification of line and grade for each lot, prepared by the
engineer of work.
10. The following development fees shall be paid for Parcel 2. These fees are
currently in effect and are subject to change without notice:
Water Meter Size Cost Expansion Fee**SDCWA Fee Service Line
'Yo-inch $130 $3,710 $2,004 $1,430
*1-inch $270 $6,678 $3,206 $1,430
* If a 1-inch meter is required only for fire safety, 'Yo-inch meter fees
for expansion & SDCWA will be applicable.
Sewer Connection $2,356, or any remaining sewer connection
fees not posted with the Letter of Availability as
required with the conditions of approval for the
Parcel Map.
Cleanout box $50
Inspection $25
Traffic Mitigation = $660/lot
Park = $2,7201l0t
Drainage = NA
11. Prior to delivery of combustible building materials, on-site water and sewer
systems shall satisfactorily pass all required tests.
12. Install a backwater valve if the house elevation for the existing and
proposed home is lower than the next upstream manhole.
13. The proposed project site is located within the Old Poway Specific Plan
area. Accordingly, the City encourages that the design and materials for
future homes on the property be consistent with one of the three
architectural styles called out in the Old Poway Specific Plan (Stick
Victorian, Craftsman Bungalow, or Pioneer Farmhouse). A copy of the
Old Poway Specific Plan can be purchased at the Planning Division
counter.
I. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
1. Driveways, drainage facilities, slope landscaping and protection
measures, and utilities shall be constructed, completed, and inspected by
the Engineering Inspector. The driveway shall be constructed in
Resolution No. P-Q4- 22
Page 9
accordance with poway Municipal Code, Section 17.08.1700, and its
structural section shall be shown on the grading plan.
2. All existing and new utilities to the site from Somerset Drive and Janette
Lane shall be placed underground.
3. An adequate drainage system around each building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
4. Record drawings, signed by the engineer of work, shall be submitted to
the Engineering Division prior to a request of occupancy, per Section
16.52.130B 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.
Section 5: The approval of Tentative Parcel Map 03-04 expires on March 23, 2006,
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 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.
Section 6: 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 March 23, 2004.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 23rd day of March 2004.
ATTEST:
~&4J en.! ~
Sherrie D. Worrell, Deputy City Clerk
Resolution No. P-Q4-22
Page 10
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P-Q4-22 was duly adopted
by the City Council at a meeting of said City Council held on the 23rd day of March
2004 and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, ~EXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~ tl/.A ~ 0 a ];udZ/J
Sherrie D. Worrell, Deputy City Clerk
City of Poway