Res P-19-17 RESOLUTION NO. P-19-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
19-001, ASSESSOR'S PARCEL NUMBER 323-190-51
WHEREAS, Tentative Parcel Map (TPM) 19-001 was submitted by the Alva A. Diaz Trust,
Applicant and Owner, requesting a two-lot subdivision of an approximate 0.4-acre parcel at 13424
Olive Tree Lane, which is developed with an existing single-family residence to remain within the
Residential Single Family-7 (RS-7) zone;
WHEREAS, on December 17, 2019, the City Council held a duly advertised 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 19-001 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 of the proposed subdivision 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-19-17
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.
The requirement for undergrounding utility facilities is waived by the City Council in
accordance with criteria and provisions in PMC Section 16.18.030(A)(11).
SECTION 3: The findings in accordance with Government Code section 66020 for the
public improvements are made as follows:
A. The design of the proposed development is 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 19-001 as shown on the plans
included in the agenda report and are incorporated herein as Exhibit A, 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-19-17
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. Complete an underground waiver application for the existing onsite utility poles.
3. 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 Poway Municipal Code Section 16.12.060 B for sub
divider's responsibility to provide a reproducible mylar copy to the City.)
4. The property owner will be required to install curb and gutter per Poway Municipal
Code standards for a semi-rural non-dedicated road prior to subdivision. Prior to
the start of any work within the City right-of-way or easement, 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 proposed water service to the new parcel shall be located so that it fronts
Parcel 2. The existing sewer lateral serving Parcel 1 shall remain for the use of
Parcel 2 and a new sewer lateral shall be constructed to serve Parcel 1. Prior to
start of any work within the City 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.
6. The applicant shall pay the drainage impact development fee in effect at the time
of subdivision. The current fee amount is $1,200 (Poway Creek Basin).
7. A fee of$1,100.00 per sheet of the final map for plan check is required.
8. 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.
Resolution No. P-19-17
Page 4
(Planning)
1. 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 Olive Tree 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.
2. The project is located within the Federal Aviation Administration (FAA) Influence
Area 2 for Marine Corps Air Station Miramar. As such, provide appropriate
exemption or mitigations requested from the FAA.
3. Provide Will-Serve letters from all serving utilities.
G. Prior to Issuance of Building Permit, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. The owner of the new parcel shall join the existing Private Street Maintenance
Agreement for Olive Tree Lane.
2. 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.
3. A minimum cash security of$2,000 for erosion control is required.
4. 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.
The applicant's action plan that identifies measures to be implemented during
construction to address erosion, sediment and pollution control will be discussed.
Compliance for sediment control shall be provided as directed by the project
inspector.
5. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule. The current fee amount is $1,318.
6. 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.
7. 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.
8. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
Resolution No. P-19-17
Page 5
(Planning)
1. A Minor Development Review Application for the new residence shall be submitted
and approved.
2. An Affordable Housing In-Lieu Fee will be required. The current rate is $500 per
unit.
SECTION 5: The approval of TPM 19-001 shall expire on December 17, 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.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 17th day of December, 2019 by the following vote, to wit:
AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE - _
Steve Vaus, Mayor
ATTEST: 0
Faviola Medina, CMC, City Clerk