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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