Res P-19-08RESOLUTION NO. P-19-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
16-001, ASSESSOR’S PARCEL NUMBER 314-350-29
WHEREAS, Tentative Parcel Map (TPM) 16-001 was submitted by Robert Soto of S&S,
General Contracting, Applicant and The Phung Family Trust, Owner, requesting a two-lot
subdivision of an approximate 1.02-acre parcel at 14724 Pomerado Road, which is developed
with an existing single-family residence to remain within the Residential Single Family-3 (RS-3)
zone;
WHEREAS, on May 7, 2019, the City Council duly held a noticed public hearing to solicit
comments from the public, both for and against, relative to this application; 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 is Categorically Exempt from the California Environmental
Quality Act (CEQA), as Class 15 Categorical Exemption, pursuant to Section 15315 of the CEQA
Guidelines, in that the project involves the division of land into two parcels within an urbanized
area in compliance with all City codes and standards and the average slope of the property is less
than 20 percent.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. Seq.), TPM 16-001 are made as follows:
A. That the proposed map is consistent with the objectives, policies, general land uses and
programs of the General Plan in that it proposes to create two residential lots at a density
that is consistent with the General Plan designations and Poway Municipal Code (PMC)
standards.
B. That the design or improvement of the proposed subdivision or lot division is consistent
with the General Plan in that the approved lot sizes and configurations adhere to the
development standards of the General Plan and PMC.
C. That the site is physically suitable for the type of development in that the site is large
enough to provide two lots meeting size standards and the existing residence will remain.
D. That the site is physically suitable for the proposed density of development in that the site
is large enough to provide two residential lots meeting size standards.
E. That the design of the lot division is not contrary to the policy of the State legislature as
stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code,
or likely to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat in that the project will not be impacting any native habitat.
No development is proposed as a part of this project.
Resolution No. P-19-08
Page 2
F. That the design of the lot division is not likely to cause serious public health problems in
that City water and sewer services are available to the site.
G. That the design of the lot division will not conflict with easements, acquired by the public
at large, for access through or use of, property within the proposed subdivision in that the
lot split can occur without obstructing or otherwise impacting existing or new 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, including the construction of a new fire hydrant, 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.
B. In accordance with the Poway General Plan, the project and future dwelling units will
require the payment of development impact fees, which are assessed on a pro-rata basis
to finance public infrastructure improvements which promote a safe and healthy
environment for the residents of the City.
Section 4: The City Council hereby approves TPM 16-001 as shown on the approved
plans on file dated received April 18, 2018 with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and
employees from any and all claims, actions, proceedings, damages, judgments, or costs,
including attorney's fees, against the City or its agents, officers, or employees, relating to
the issuance of this permit, including, but not limited to, any action to attack, set aside,
void, challenge, or annul this development approval and any environmental document or
decision. The City may elect to conduct its own defense, participate in its own defense,
or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including
without limitation reasonable attorney's fees and costs. In the event of a disagreement
between the City and applicant regarding litigation issues, the City shall have the authority
to control the litigation and make litigation-related decisions, including, but not limited to,
settlement or other disposition of the matter. However, the applicant shall not be required
to pay or perform any settlement unless such settlement is approved by applicant.
B. Approval of this request shall not waive compliance with any section of the Zoning
Ordinance or 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 TPM. If actual
conditions vary from representations, the TPM must be changed to reflect the actual
conditions. Any changes to the approved TPM, prior to parcel map approval, must be
approved by the Director of Development Services and substantial changes may require
approval of the City Council.
D. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC)
requirements that govern construction activity and noise levels.
Resolution No. P-19-08
Page 3
E. Within 30 days of this approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
F. Prior to parcel map recordation, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. The applicant shall include provisions in their design contract with their design
consultants that, following acceptance by the City, all construction drawings or
technical reports accepted by the City (exclusive of architectural building plans)
shall become the property of the City. Once accepted, these plans may be freely
used, copied or distributed by the City to the public or other agencies as the City
may deem appropriate. An acknowledgement of this requirement from the design
consultant shall be included on all construction drawings at the time of plan
submittal.
2. The existing two power poles fronting Parcel 2 on Kozy Crest Lane shall be
removed and all overhead utility lines located underground. The existing power
pole near the westerly property line of Parcel 2 shall remain. All overhead utility
connections serving the existing residences and all proposed utility connections
shall be relocated underground.
3. Applicant shall enter into a Private Street Maintenance Agreement for Kozy Crest
Lane. If an agreement does not already exist, the owner shall enter into a covenant
agreeing to participate in and not oppose a private road maintenance agreement
in the future. The form and content shall be in a form satisfactory to the City
Attorney.
4. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the
parcel map, for the mylar reproduction of the recorded tract map shall be posted.
If a mylar copy of the map is provided to the City within three months of its
recordation or prior to building permit issuance, whichever comes first, the security
shall then be returned (See PMC Section 16.12.060 (B) for subdivider’s
responsibility to provide a reproducible mylar copy to the City).
5. The applicant shall pay the drainage impact development fee in effect at the time
of subdivision. Listed below is the current applicable fee:
0.45 Acres x $1,200/acre Pomerado Creek Basin = $540
6. The project requirements for fire protection call for the installation of one fire
hydrant and expansion of the public water system necessary to support the
installation of the hydrant. A water system analysis is required for final design of
the proposed public water system expansion. Applicant shall pay for the cost of
preparing the analysis prior to submittal of improvement plans.
7. A Public Improvement plan shall be submitted per Municipal Code requirements
to the Department of Development Services, Engineering Division. Improvement
design should be 100 percent complete at time of submittal and should include the
following Public Improvements:
Resolution No. P-19-08
Page 4
a. Public water and fire hydrant improvements and related appurtenances to
the public water main located in Pomerado Road. Final fire hydrant location is
subject to review and approval on the improvement plans.
8. The Public Improvement plan shall be approved. The applicant shall enter into a
Standard Agreement for public improvements for the work to be done as part of
the Public Improvement plan. The applicant will be responsible for posting
securities for public improvements and monumentation.
9. A deposit of $1100.00 per sheet of the final map for plan check is required.
10. After subdivision, both parcels will continue to be considered one project as
defined by the San Diego Regional Water Quality Control Board. Any future
improvements (on either parcel) adding and/or replacing impervious area may
cause the project to be classified as a Priority Development Project as defined in
the Poway BMP Design Manual.
(Safety Services)
11. Fire apparatus access roads shall have an unobstructed, improved width of not
less than 20 feet, except single-family residential driveways serving no more than
two improved parcels containing dwelling units shall have a minimum of 16 feet of
unobstructed improved width. Kozy Crest Lane shall be improved to an
unobstructed width of 20 feet from Pomerado Road to the westerly parcel
boundary of Parcel 2. Driveway access to both parcels shall be a minimum of 16
feet of unobstructed width. All access roadways shall have an all-weather paved
driving surface, a roadway interior turning radius of not less than 28 feet, an outside
turning radius of not less than 45 feet, and capable of supporting the imposed loads
of 75,000-pounds with a minimum of 13 feet, 6-inches of vertical clearance. The
angle of departure and the angle of approach of a fire apparatus access roadway
shall not exceed 7-degrees (12 percent).
12. A new approved water supply and fire hydrant shall be located at the intersection
of Pomerado Road and Kozy Crest Lane. The new fire hydrant shall be capable
of supplying the required fire flow of 1,500GPM for fire protection. A water analysis
shall be performed to establish the adequacy of the existing water main and all
necessary system design to serve the project. Costs of the water analysis shall
be the responsibility of the applicant.
(Planning)
13. Any damage to existing water service laterals caused by the applicant during
construction will be the responsibility of the applicant.
14. The applicant shall provide a minimum 15-gallon street tree with minimum 25
square feet of planting area planted at a ratio of every 30 feet of street frontage
along Pomerado Road and Kozy Crest Lane with a species approved in the City
adopted Street Tree Program. The appropriate irrigation shall be provided.
Landscape and Irrigation plans shall be provided. Landscape and irrigation plans
shall be reviewed and approved prior to installation. Once installed the property
will be removed from the City’s annual Weed Abatement Program.
15. The project is located within the Federal Aviation Administration (FAA) Influence
Resolution No. P-19-08
Page 5
Area 2 for Marine Corps Air Station Miramar. As such, provide appropriate
exemption or mitigations requested from the FAA.
16. Provide Will-Serve letters from all serving utilities.
G. Prior to final of the Grading Permit, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. Upon issuance of the grading plan, applicant shall incorporate Low Impact
Development (LID) design features into the site development. These shall be
clearly shown and identified on the site plan and be appropriately sized for the
proposed level of development.
2. Submit a precise grading plan for the development of the lot prepared on a City of
Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City
project engineer. Submittal shall be made to the Department of Development
Services Engineering Division for review and approval. The grading design shall
be 100 percent complete at the time of submittal, ready for approval and issuance
of permit. Incomplete submittals will not be accepted. All technical studies as
required by Chapter 16 of the PMC shall be submitted.
3. The grading plans shall show Kozy Crest Lane improved to an unobstructed width
of 20 feet from Pomerado Road to the westerly parcel boundary of Parcel 2. The
plans shall incorporate design changes to drainage along Pomerado Road at the
northerly intersection with Kozy Crest Lane due to the road widening and proposed
fire hydrant.
4. A drainage study addressing the impacts of the 100-year storm event prepared by
a registered Civil Engineer is to be submitted and approved. The study shall
evaluate existing and proposed hydrologic and hydraulic conditions to the
satisfaction of the City project engineer.
5. Grading securities in the form of a performance bond and a cash deposit, or a letter
of credit shall be posted with the City prior to grading plan approval. A minimum
cash security of $2,000 is required in all instances.
6. Construction staking is to be installed and inspected by the Engineering Inspector
prior to any clearing, grubbing or grading. As a minimum, all protected areas as
shown on the approved grading plans are to be staked under the direction of a
licensed land surveyor or licensed civil engineer and delineated with lathe and
ribbon. As applicable, provide two copies of a written certification, signed and
sealed in accordance with the Business and Professions Code, by the engineer of
record stating that all protected areas have been staked in accordance with the
approved plans.
7. Following approval of the grading plans, posting of securities and fees, and receipt
of five copies of the approved plans, the applicant shall attend a pre-construction
meeting at the Department of Development Services. The scheduling request
shall be submitted on a City standard form available from the City’s project
engineer.
Resolution No. P-19-08
Page 6
(Planning)
8. A Minor Development Review Application for the new residence shall be submitted
and approved.
9. The six-foot high sound wall as described in the Noise Analysis Update from Sound
Solutions Acoustical Consulting shall be included as part of the Grading Plan and
constructed on top of the building pad. The wall shall be constructed with
decorative block and pilasters shall be provided every 50 feet.
10. The grading plans shall indicate the Pomerado Road frontage will serve as the
front yard setback area.
11. Slopes shall be landscaped and irrigated per an approved landscape plan.
H. Prior to issuance of a Building Permit unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. The site shall be developed in accordance with the approved grading 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.
2. Erosion control shall be installed and maintained by the developer from October 1
to April 30. The developer shall maintain all erosion control devices throughout
their intended life.
3. Applicant shall obtain a Grading Permit and complete rough grading of the site.
The grading shall meet the approval of the Engineering Inspector and the project’s
geotechnical engineer. Following completion of rough grading, please submit the
following:
a) Three copies of certification of line and grade for the lot, prepared by the
engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the project’s
geotechnical engineer.
The certification and report are subject to review and approval by the City.
4. Prior to start of any work within a City-held easement or right-of-way, 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.
5. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance. The following is a list of the currently estimated fees due for
Parcel 1:
a. Water (1” Meter) $5,448
b. Sewer $5,836
c. Traffic $2,483.48
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Page 7
d. Park $4,562
e. Fire Apparatus $122.03
There is also a required fee to the San Diego County Water Authority in the amount
of $8,428.00 for a 1” meter.
(Planning)
6. An Affordable Housing In-Lieu Fee will be required. The current rate is $500.
I. Prior to issuance of a Building Permit unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground. No extension of overhead utilities shall be
permitted.
2. The private road improvements shall be completed.
3. The drainage facilities, driveway, slope planting measures, and all utility services
shall be installed, and completed by the property owner, and inspected by the
Engineering Inspector for approval. All new utility services shall be placed
underground.
4. An adequate drainage system around the new building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to the streets caused by construction activity from this project. Record
drawings, 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. At least three weeks prior to a request for occupancy is
recommended.
Section 5: The approval of TPM 16-001 shall expire on May 7, 2021, at 5:00 p.m. The
parcel map conforming to this conditionally approved TPM 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 TPM, 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: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
Resolution No. P-19-08
Page 8
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 7th day of May 2019, by the following vote, to wit:
AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
`�teve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk