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Res P-05-50 RESOLUTION NO. P-05-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP (TPM) 05-02 ASSESSOR'S PARCEL NUMBERS 314-242-04 WHEREAS, a request for a Tentative Parcel Map (TPM 05-02) was submitted by Donald and Gail Kidner to subdivide 1 lot, with an acreage of 0.51 acres, into 2 residential lots, with Parcel 1 at 7,392 square feet and Parcel 2 at 10,920 square feet; and WHEREAS, on July 19, 2005, 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 proposed project is Categorically Exempt as a Class 15 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15315 of the CEQA Guidelines, in that the project involves a minor land division within an urbanized area as defined in the CEQA Guidelines. Section 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for Tentative Parcel Map 05-02, are made as follows: A. The Tentative Parcel Map is consistent with the General Plan in that it proposes to create two residential parcels 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 a public street, Janette Road and from the private road Somerset Road. 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. Resolution No. P-05-50 Page 2 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 a single-family residence on the proposed new lot 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. Public access roadway improvements, such as dedication of right-of-way, curb, gutter, and sidewalk on Janette Lane will be constructed to accommodate the project traffic. 2. On-site drainage improvements will be constructed to handle the surface water runoff. 3. 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. 4. Access to the site will be provided in accordance with City standards with a street width of 36 feet, to ensure adequate emergency access. Section 4: The City Council hereby approves Tentative Parcel Map 05-02, to allow the subdivision of 0.51 acres of land into two residential lots, located at 13641 Somerset Road, in the Residential Single-Family 7 (RS-7) zone, as shown on the Tentative Parcel Map dated May 13, 2005, subject to the following conditions: A. This approval is not inclusive of the design of the proposed single-family home. Separate approval of the home design and footprint shall be applied for through the Development Review/Minor Development Review Application process prior to issuance of a Building Permit. 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-05-50 Page 3 C. The developer is required to comply with the Poway Noise Ordinance requirements that govern construction activity and noise levels. D. Prior to Parcel Map approval, unless other timing is indicated, the following conditions shall be complied with. 1. Within 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. (Engineering) 2. Within 30 days after Tentative Parcel Map approval, the developer shall apply for a Letter of Availability (LOA) to reserve sewerage availability, and post with the City a non-refundable reservation fee equal to twenty percent (20%) of the appropriate connection fee in effect at the time the LOA is issued. 3. This approval is based on the existing site conditions represented on the Tentative Parcel Map. If actual conditions vary from representations, the approved Tentative Parcel Map must be changed to reflect actual conditions. Any substantial changes to the Tentative Parcel Map must be approved by the Director of Development Services and may require approval of the City Council. 4. 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. 5. The parcel map shall be submitted to the Development Services Department, Engineering Division, for review and approval, together with the supporting data and documentation, and appropriate map review fees. 6. The developer shall cause the dedication of a public right-of-way for Janette Lane along the project frontage, and within the Parcel Map (the most southerly 15 feet of parcel 2), in order to obtain a public right-of-way width of 56'. The dedication shall be accomplished on the Parcel Map. 7. Road improvement plans for Janette Lane along the Parcel Map boundary shall be submitted, reviewed, and approved by the Engineering Division. Janette Lane shall be improved to the 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 Resolution No. P-05-50 Page 4 width of 36 feet; construction of concrete curb, gutter, and sidewalk; street signage; lane markings; and a roadway transition to the existing easterly improvements on Janette Lane. 8. 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 2, 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. 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. Appropriate project bonding and an improvement agreement shall be posted for construction of all street improvements on Janette Lane, lot drainage facilities for Parcel 2, lot grading on Parcel 2, and property corner monumentation for Parcels 1 and 2. 11. Submittal of proof of participation in a road construction and maintenance agreement for the off-site portion of Cobblestone Creek Road and Cobblestone Creek Trail, from Poway Road to the Subdivision. If there is no existing agreement for the off-site portion, the applicant/developer shall cause to prepare and subsequently record said maintenance agreement. Said agreement is subject to review and approval by the City prior to recordation. E. Prior to a Grading Permit issuance, the applicant shall complete the following, to the satisfaction of the Director of Development Services: (Planning) 1. A Master Tree Inventory shall be prepared on the property by a qualified arborist or biologist. The species and trunk diameter of each tree shall be indicated. The inventory shall be submitted to the Planning Division and shall be used to identify tree(s) that will be retained to the satisfaction of the Director of Development Services. The trees to be retained shall be identified on the grading plan. (Engineering) 2. A grading plan is required for development of Parcel 2, and shall be prepared on mylar at a scale of 1" = 20', and Grading Permit application Resolution No. P-05-50 Page 5 with fees, shall be 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 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. The driveway slab, for Parcel 2, in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, including the minimum structural section, and pertinent elevations and grades. The driveway approach shall comply with San Diego Regional Standard Drawing G-14A for contiguous sidewalks. This requires the provision of appropriate sidewalk transitions around the apron for ADA compliance. The transitions (4.5 feet wide) shall be contained within the proposed road dedication shown on the Tentative Parcel Map. The total driveway curb opening shall not exceed forty percent (40%) of the lot frontage. 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. e. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon any easement without an approved Encroachment Removal Agreement. f. Locations of any proposed raised utility boxes in the right-of-way, clearly identified in coordination with the respective utility companies, and approved by the City prior to their installation. Any utility improvements that are greater than 36 inches in height will be required to be screened by landscaping. g. 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 Resolution No. P-05-50 Page 6 Management and Discharge Control Ordinance, and Drainage and Watercourses Ordinance. h. The provision of new concrete street improvements and asphalt surfacing on Janette Lane, and the removal of asphalt dike, including all associated pavement repairs and transition. i. The water and sewer services to Parcel 2. j. Extension of the paved drive access for the existing house on Somerset Road to prevent parking on the dirt. 3. A soils/geological report, for Parcel 2, shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. 4. A drainage study for Parcel 2 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 properly handle the drainage. Concentrated flows across driveways and Janette Lane are not permitted. 5. Pad elevations, for Parcel 2, shown on the grading plan shall not increase by more than two feet in height from the elevations shown on the approved Tentative Parcel Map, unless otherwise approved by the City Council. 6. 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 deposit for emergency erosion control measures is required. 7. The developer shall pay all applicable engineering plan checking, permit, and inspection fees. F. Prior to issuance of a Building Permit for Parcel 2, the applicant shall comply with the following: (Planning) 1. The developer or property owner shall apply for and receive approval of a Minor Development Review Application. Resolution No. P-05-50 Page 7 (Engineering) 2. The final Parcel Map for TPM 05-02 shall be approved and recorded in the office of the San Diego County Recorder and a mylar copy of the recorded map shall be provided to the City. 3. Submittal of a request for, and then subsequently hold, a pre-construction 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. At the pre-construction meeting, the applicant shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. 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 during grading operations. b. Cover all flat areas with 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. Erosion control devices, including, but not limited to, a desilting basin, shall be installed and maintained by the developer throughout the construction of the project. 5. Parcel 2 shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. 6. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. 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-05-50 Page 8 8. 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 '%" meter 1" meter Cost $130 $270 Expansion Fee $3,710 $6,678 SDCWA** $2,461 $3,938 Service Line $1,430 $1,430 If a 1" meter is required only for fire safety, '%" meter fees for expansion & SDCWA will be required. To be paid to San Diego County Water Authority on a separate check. Sewer connection fee = $2,356.00, or any remaining sewer connection fees not posted with the Letter of Availability as required with the conditions of approval for the Parcel Map. * ** Sewer cleanout fee = $50.00 per cleanout Sewer c1eanout inspection fee = $25.00 per cleanout Traffic mitigation fee = $660.00 Midland Rd. Drainage Basin fee= $2,168.19 Park fee = $2,720.00 9. Prior to start of any work within City held easements or right-of-way, including construction of all required street improvements on Janette Lane, 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. 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. 10. The drainage from each parcel shall not encroach on any other parcel or neighboring properties, unless a City Engineer-approved drainage system is designed. 11. All on-site and off-site project grading may be required to be conducted outside the rainy season. Resolution No. P-05-50 Page 9 12. 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. 13. Prior to rock blasting, if needed, 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. 14. Prior to delivery of combustible building materials, on-site water and sewer systems shall satisfactorily pass all required tests. 15. The City may require an improvement plan to be prepared, of which plan checking and inspection fees shall be paid. (Traffic Engineer) 16. Provide adequate transition from new curb to existing AC. berm at 3:1. G. Compliance with the following conditions is required prior to issuance of a Certificate of Occupancy: (Engineering) 1. Driveway improvements for both parcels, the new drainage facilities, slope landscaping and protection measures, and utilities services for Parcel 2 shall be constructed, completed, and inspected by the Engineering Inspector. 2. All existing and new utilities within the project shall be placed underground, to the satisfaction of the Director of Development Services, or an Underground Waiver shall be processed pursuant to Resolution No. 91-003. 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. A copy of the approved record drawings on a disk in AutoCad format shall be provided to the City. Resolution No. P-05-50 Page 10 5. The subdivider shall repair, to the satisfaction of the City Engineer, any and all damages to public and private road improvements caused by construction activity from this project. (Public Works) 6. The applicant shall annex a portion of landscape improvements in the Right-of-Way into the Landscape Maintenance District 83-1, to the satisfaction of the Director of Public Works. Section 5: The approval of Tentative Parcel Map 05-02 expires on Julv 19. 2007. 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 July 19, 2005. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 19th day of July 2005. ATTEST: ~bc~ Resolution No. P-05-50 Page 11 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-05-50 was duly adopted by the City Council at a meeting of said City Council held on the 19th day of July 2005 and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, CAFAGNA NOES: NONE ABSENT: BOYACK, REXFORD DISQUALIFIED: NONE ~c~ City of Poway