Res P-04-93
RESOLUTION NO, P-04-93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION
AND TENTATIVE PARCEL MAP (TPM) 04-02 AND VARIANCE 04-13
ASSESSOR'S PARCEL NUMBER 320-020-17
WHEREAS, A request for a Tentative Parcel Map (TPM 04-02) to subdivide a 1A-acre
property into three residential lots and a request for a Variance approval to allow the
existing residence to remain 20.5 feet from the side property line and observe a 4.5-foot
side yard setback from the proposed access driveway easement when the zone
requires a minimum 10 feet, were submitted by Paul and Betty Rexford; and
WHEREAS, the subject property is located at 11570 Creek Road, within the South
Poway Planned Community zone and the Creek Road Enclave Specific Plan
88-01 B area; and
WHEREAS, on December 14, 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 City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for Tentative Parcel Map 04-02. The subject EIS
and MND documentation are fully incorporated herein by this reference. The City
Council finds, on the basis of the whole record before it, that there is no substantial
evidence the project will have a significant impact on the environment, that the
mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially
significant impacts to a less than significant level, and that the MND reflects the
independent judgment and analysis of the City. The City Council hereby approves the
MND and the associated Mitigation Monitoring Program attached to this Resolution as
Exhibit A.
The City Council also finds that Variance 04-13 is found to be Categorically Exempt
from the California Quality Act (CEQA), as a Class 5, to Section 15305 of the CEQA
Guidelines, in that the project involves a minor alteration of land use limitations,
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 04-02, are made
as follows:
A. The Tentative Parcel Map is consistent with the General Plan, the South Poway
Resolution No. P-04-93
Page 2
Specific Plan and the Creek Road Enclave Specific Plan 88-01 B in that it
proposes to create three residential parcels at densities consistent with the
General Plan and Specific Plan 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
parcel sizes and configurations adhere to the development standards for the
Creek Road Enclave Specific Plan 88-01 B.
C. The site is physically suitable for the type of development and the density
proposed; in that the site is large enough to provide three parcels, each relatively
regular in shape and with dimensions which are in keeping with the Creek Road
Enclave Specific Plan 88-01 B development standards.
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 site has been wholly disturbed and pursuant to Vegetation Map
#1 of the Poway Habitat Conservation Plan no native habitat is shown to exist on
the site.
E. The Tentative Parcel Map is not likely to cause serious public health problems as
City water service is available to the property and conditions of approval for the
project require certification that the applicant reserve sewer capacity and make
payment of fees to insure adequate service to the new homes.
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
proposed subdivision.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 04-13 to allow a 4,5-foot side yard setback rather than the
required 10-foot setback as shown on the Tentative Map dated September 29, 2004,
and on file in the Planning Division office are made as follows:
A. That there are special circumstances applicable to the property in that there is an
existing single-family home on the property that constrains the location of the
access easement to one of the parcels and the strict application of the Zoning
Code street yard setback for the house would deprive the property of privileges
enjoyed by other properties in the vicinity and same zone.
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because the
other lots in the Creek Road Enclave area have been allowed to subdivide in
accordance with the approved conceptual subdivision design for the Creek Road
Enclave.
Resolution No, P-04-93
Page 3
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed subdivision in that the project
has been designed to comply with adopted subdivision standards, and there will
be an approximate 8.5-foot separation between the residence and the future
proposed paved portion of the driveway.
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone because the
Variance will allow the subdivision of property that is consistent with City Codes
and other subdivisions that have been approved in the vicinity and zone.
E. Granting the Variance would not allow a use not otherwise expressly authorized
in the Creek Road Enclave area because the subdivision is consistent with the
Creek Road Enclave Specific Plan.
F. Granting the Variance will be compatible with the City's General Plan because
the use is permitted and does not result in a density increase.
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, the South Poway Specific Plan, the
Creek Road Enclave Specific 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. Private access roadway improvements will be constructed to offset the
project traffic impacts,
2. On-site drainage improvements will be constructed to handle the surface
water runoff.
3. A fire hydrant will be constructed to serve the development and provide
fire protection.
4. Water and sewer fees will be paid. On-site and off-site improvements will
be made to provide water and sewer service to the development.
5. 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 04-02 and Variance
04-13, to allow the subdivision of 1.4-acres of land into three residential lots located at
11570 Creek Road in the South Poway Planned Community zone and the Creek Road
Specific Plan Enclave 88-01 B area, and the existing residence on Parcel 2 to observe a
Resolution No. P-04-93
Page 4
4.5-foot street side yard setback, as shown on the Tentative Parcel Map dated
September 29, 2004, 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 Development Review/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.
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. Development of Parcels 1, 2 and 3 shall comply with the Development Standards
of the Creek Road Enclave/SPA 88-01 B as they relate to lots that have a net
area in the range of 10,000 square feet to 20,000 square feet.
F. Prior to Parcel Map approval, unless other timing is indicated, the fOllowing
conditions shall be complied with.
(Engineering)
1. Within thirty (30) days after City Council approval of the tentative parcel
map, the applicant shall submit in writing to the City that all conditions of
approval have been read and understood,
2. Within 30 days after City Council approval of the tentative parcel map, the
subdivider, shall make a reservation for a sewer letter of availability for two
Equivalent Dwelling Units (EDU) and pay the City a non-refundable sewer
connection fee of $942040. This amount represents twenty percent (20%)
of the sewage connection fee.
3. Within 30 days after City Council approval of the tentative parcel map, the
subdivider shall pay the City an additional 30% sewer connection fee of
$1413.60. The remaining balance of sewer connection fee, in the amount
of $2356, shall be paid prior to building permit issuance.
Resolution No. P-04-93
Page 5
4. The applicant shall pay a sewer line extension charge of $5,600 per
proposed unit, or a total of $11 ,200 for the proposed two units.
5. 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 fees shall be paid at time of submittal.
6. A private access and utility easement shall be created for parcels 1, 2 and
3.
7. Post a cash deposit to the City, an amount equivalent to $100,00 per
sheet of the parcel map, for the photo mylar reproduction of the recorded
parcel map. If applicant/developer provides the City with the photo mylar
copy of the recorded parcel map within 3 months from recordation or prior
to building permit issuance to Parcel 1, whichever comes first, said cash
deposit shall thereafter be refunded to the depositor, otherwise it shall be
used by the City to pay for the reproduction of a photo mylar copy.
8. The final parcel map shall conform to City standards and procedures, the
City Subdivision Ordinance, the Subdivision Map Act, and the Land
Surveyors Act.
9. Easements and/or right-of-way dedications to the City within the limits of
the subdivision shall be made on the final parcel 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.
10. A monumentation bond in an amount acceptable to the City Engineer shall
be posted.
(Planning)
11. The existing on-site overhead utility service must be underground. The
applicants shall schedule a pre-design meeting with the City for the
undergrounding project.
12. The access driveway easement through Parcel 2 shall be reduced in width
from 20 feet to 16-feet in the area adjacent to the existing residence. This
will allow the residence to observe a 4.5-foot side yard setback which is
consistent with the setback Variance 04-13 approval.
Resolution No. P-04-93
Page 6
(Public Works)
13. Newly created parcels are required to be annexed into Landscape
Maintenance District 87-1.
G. Prior to Parcel Map approval, issuance of an Administrative Clearing Permit or a
Grading Permit, whichever comes first, the applicant shall:
1. The following requirement shall be completed to the satisfaction of the
Director of Development Services:
a. A Master Tree Inventory shall be prepared on the property by a qualified
arborist or biologist. The species and diameter of the trunk shall be
indicated. The inventory shall be submitted to the Planning Division and
the inventory shall be used to identify any sensitive or mature tree(s) that
will need to be preserved.
H. Prior to Grading Permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. A grading plan is required for development of the lots, and shall be
prepared on mylar at a scale of 1"=20', and submitted to the Development
Services Department - Engineering Division for review and approval. As a
minimum, the grading plan shall show the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
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 17.08.170 D 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 runoff
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.
Resolution No, P-04-93
Page 7
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. Any utility improvements that are greater
than 36 inches in height will be required to be screened by
landscaping.
2. Grading of the project shall be in substantial conformance with the
approved development plan and in accordance with the Uniform Building
Code, City Grading Ordinance, City Storm Water Management and
Discharge Control Ordinance, and Drainage and Watercourses
Ordinance. Grading improvement shall include, but is not limited to lot
grading, and construction of a 5.00-foot-wide, 6-inch-thick decomposed
granite rural pathway fronting existing edge of pavement on Lot 1 except
at the driveway entrance.
3. 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.
4. 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.
5. 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 subdivision and all
surface water flowing onto the subdivision from adjacent lands. Said
system shall include all easements required to property handle the
drainage. Concentrated flows across driveways are not permitted.
6. If grading of this project is to disturb one acre or more, the property owner
shall file with the State Regional Water Quality Control Board a Notice of
Intent of coverage under the statewide General Permit that covers storm
water discharges. Proof of filing of the NOI and an assigned Waste
Discharge Identification Number shall be submitted to the Development
Services Department-Engineering Division prior to issuance of a grading
or building permit. Applications may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123 (858) 467-2952
Resolution No, P-04-93
Page 8
7. If grading of this project is to disturb one acre or more, the property owner
shall prepare 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 de-silting basin with a
capacity of 3,600 cubic feet of storage per acre drained, or designed to
remove fine silt for a 10-year, 6-hour storm event; a material storage site;
measures to protect construction material from being exposed to storm
water control; and other means of Best Management Practices to
effectively eliminate pollutants from entering the storm drain system. The
engineer shall certify the SWPPP prior to issuance of the grading permit.
8. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from throughout construction of the project. An
erosion control plan shall be prepared by the project civil engineer and
shall be submitted as part of the grading plan. The applicant/developer
shall make provisions to insure proper maintenance of all erosion control
devices.
9. Grading securities in the form of a performance bond and cash deposit, or
a letter of credit shall be posted with the City.
10. A right-of-way permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in public
street rights-of-way or City-held easements.
11. The applicant/developer shall pay the following fees and post or pay the
grading securities:
A. Grading permit, plan checking, inspection, right-of-way permit, and
geotechnical review fees. The grading permit fee shall be paid at
first submittal of grading plans.
B. The driveway construction cost shall be included in the cost
estimates for plan checking and determination of inspection fees,
C. Posting and/or payment of grading securities.
12. Submittal of a request for and then subsequently hold a preconstruction
meeting with a City Engineering inspector. The applicant/developer shall
be responsible that necessary individuals, such as but not limited to,
contractors, subcontractors, project civil engineer and project soils
engineer must attend the preconstruction meeting,
K. Prior to building permit issuance the applicant shall comply with the following:
Resolution No. P-04-93
Page 9
(Planning)
1. The final Parcel Map shall be approved and recorded.
2. An acoustical analysis shall be completed by a recognized acoustical
engineer to insure that development complies with the City's noise
standard for residential uses (60 decibels CNEL) for exterior noise level
and (45 decibels CNEL) interior noise level. The applicant shall
implement recommended noise mitigation measures to the satisfaction of
the Director of Development Services,
(Engineering)
3. 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.
4. Applicant construction staking is to be inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon. 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.
5. 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.
6. Prior to rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a blasting permit shall be obtained from the Engineering
Division. Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by the Director of
Development Services.
7. Rough grading of the lots is to be completed and meet the approval of the
City inspector and shall include submittal of the following:
a. A certification of line and grade for each lot, prepared by the
engineer of work
b. A final soil compaction report for each lot for review and approval
by the City.
Resolution No, P-04-93
Page 10
8. Parcel 1 and Parcel 3 shall have their own water line and sewer lateral
contained within the shared driveway to serve each respective parcel.
These lines shall be privately maintained.
9. Prior to delivery of combustible building materials, on-site water and sewer
systems shall satisfactorily pass all required tests.
10. Recordation of the parcel map in the office of the San Diego County
Recorder.
11. Installation of fire hydrant/s at location/s determined by the City Fire
Marshal. A water analysis may be required to analyze the fire hydrant/s
adequacy to City's standards for fire flow and pressure. Any additional
improvement recommendation made in the analysis shall be constructed.
Payment for preparation of the analysis shall be paid to the City upon
demand.
12. The City may require an improvement plan to be prepared, of which plan
checking and inspection fees shall be paid.
13. Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows and are subject to
change without further notice, The amounts to be paid shall be those in
effect at time of payment. If a 1" meter is required only as a result of fire
sprinklers, the 0/." base capacity and SDCWA fees will be applicable.
Water base capacity fee (Resolution No. 91-123)
For 0/." meter = $3,710.00 per meter
For 1" meter = $6,678,00 per meter
Other meter sizes = Contact Engineering Division
Water meter fee (Resolution No. 91-123)
For 0/." meter = $ 130.00 per meter
For 1" meter = $ 140,00 per meter
Other meter sizes = Contact Engineering Division
SDCWA capacity charge - To be paid by separate check, payable to
San Diego County Water Authority.
For 0/." meter = $2,004.00 per meter
For 1" meter = $3,206.00 per meter
Other meter sizes = Contact Engineering Division
Sewer connection fee = $2,356.00 (Represents 50% payment,
assuming that 20% payment was made at reservation of sewer LOA and
30% payment made within 30 days after map approval)
Sewer cleanout fee
= $50.00 per cleanout
Resolution No, P-04-93
Page 11
Sewer cleanout inspection fee = $25.00 per cleanout
Traffic mitigation fee
= $1,320.00...
...2 parcels (Parcels 1 & 3) @ $660.00
Drainage fee
= $2,400.00
Drainage fee = $1,200.00 x 2 lots = $2,400.00
Park fee
= $5,440.00
Park fee = $2,720.00 x 2 lots = $5,440.00
L. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
(Engineering)
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
accordance with Poway Municipal Code, section 17.08.170D, and its
structural section shall be shown on the grading plan.
2. All existing and new utilities within the project shall be placed
underground. The subdivider shall be responsible for the relocation and
under grounding of existing public utilities less than 34.5 kV, unless
specifically waived by the Director of Development Services.
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 for grading plans, signed by the engineer of work, shall
be submitted to Development Services 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 6: The approval of Tentative Parcel Map 04-02 and Variance 04-02 expires
on December 14, 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.
Resolution No. P-04-93
Page 12
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 December 14, 2004.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 14th day of December 2004.
Mayor
ATTEST:
C5.~~
.
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty of
perjury, that the foregoing Resolution No. P-04-93 was duly adopted by the City Council
at a meeting of said City Council held on the 14th day of December 2004 and that it was
so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: REXFORD
~
L. Diane Shea, City Clerk
City of poway
Resolution No. P-04-93
Page 13
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR TPM 04-02
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This mitigation monitoring program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non-compliance
situations, which may occur subsequent to project construction, will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
o ic
Geology
and Soils
Miti ation Measure
1. Future development of each lot requires
that the applicant contract with a licensed
soils engineer to complete soils testing, to
insure that the area of development is
clear of Friars Formation.
1. Developer shall design a drainage system
capable of handling all drainage running
through or generated on the site.
2. To minimize the potential for polluted
runoff during construction on the site,
development of the individual lots will
require compliance with Regional Water
Quality Control Board (RWQCB)
regulations and submission of proof from
the RWQCB of compliance prior to any
work on the site.
Hydrology
imin
1. Prior to an
Administrative
Clearing or
Grading Permit
1. Prior to Grading
Permit
issuance.
2. Prior to
Grading,
Clearing or
Building Permit
issuance.
pplicant