Res P-05-63
RESOLUTION NO. P-05-63
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A NEGATIVE DECLARATION
AND TENTATIVE PARCEL MAP (TPM) 05-01
ASSESSOR'S PARCEL NUMBER 278-240-20
WHEREAS, a request was submitted by George Catrambone for a Tentative
Parcel Map (TPM 05-01) for a 3-lot residential subdivision of approximately 7.7 acres,
consisting lots ranging in size from 2.1 to 2.8 acres, located on the north side of Eastvale
Road approximately 3/4 of a mile east of Kingman Road, in the Rural Residential B2
zone; and
WHEREAS, on September 13, 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 City Council has considered the Environmental Initial Study (EIS) and
Negative Declaration (ND) for Tentative Parcel Map 05-01. The subject EIS and ND
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, and that the ND reflects the
independent judgment and analysis of the City. The City Council hereby approves the
Negative Declaration.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 05-01, are made as
follows:
A. The Tentative Parcel Map is consistent with the General Plan in that it proposes to
create 3 residential parcels, ranging in size from 2.1 to 2.8 acres, that comply with
the density limits and minimum lot size standards contained in the General Plan
and Poway Municipal Code.
B. The design and improvements required of the Tentative Parcel Map are consistent
with the General Plan, in that road and water line improvements comply with City
design standards.
C. The site is physically suitable for the type of development and the density
proposed in that the proposed subdivision complies with the density limitations and
minimum lot size standards of the General Plan and Poway Municipal Code.
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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 contains no natural habitat as it has historically been used for
agriculture.
E. The Tentative Parcel Map is not likely to cause serious public health problems as
City water service, in a looped system, will be provided to the site by the developer
and the project's septic system will be designed to comply with City andlor County
of San Diego Department of Environmental Health standards.
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 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 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. Roadway and public trail improvements along the site's Eastvale Road
frontage will be constructed.
2. A water line will be constructed to ultimately provide a looped water system
to serve the development.
3. On-site drainage improvements will be constructed to handle the surface
water ru noff.
4. Fire hydrants will be constructed to serve the development and provide fire
protection.
5. Access to the site will be provided in accordance with City standards and to
ensure adequate emergency access.
Section 4: The City Council hereby approves Tentative Parcel Map 05-01, to allow a
3-lot residential subdivision of an approximate 7.7-acre site, consisting of lots ranging in
size from 2.1 to 2.8 acres, as shown on the Tentative Parcel Map dated June 30, 2005,
subject to the following conditions:
A. The conceptual location of building pads and grading, shown on TPM OS-01 for
Lots 2 and 3, and the design of buildings for those lots, is subject to review and
Resolution No. P-OS-63
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approval through the Hillside Ridgeline/Minor Development Review Application
process and is not included in the approval of TPM OS-01. Development on Lot 1
was approved under MDRA 04-105 and is subject to compliance to all the
Conditions of Approval established under that approval.
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 Final 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. All construction
traffic shall take access from the private road easement off of Eastvale Road.
Access from Skyridge Road shall not be allowed unless the applicant obtains legal
access rights.
E. 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.
F. Prior to Final Map approval, unless other timing is indicated, the following
conditions shall be complied with.
(Engineering)
1. An updated water systems analysis shall be conducted for the project and
shall demonstrate that all the lots in the subdivision are adequately served
with City water and comply with City standards. The findings of the water
systems analysis shall be accepted by the City before Final Map approval.
All costs associated with the water systems analysis shall be the
responsibility of the applicant. No MDRA approvals (beyond MDRA 04-
105) shall be granted for the site until City acceptance of the finding of the
water systems analysis and approval of the Final Map.
2. Submittal of a Final Map to the City for review and approval. The Final Map
shall conform to City standards and procedures, the City Subdivision
Ordinance, the Subdivision Map Act, the Land Surveyors Act, this
Resolution of Approval as approved by the City Council and shall be in
substantial conformance with the approved tentative parcel map. The map
shall shown all the required subdivision improvements, including, but not
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limited to, the road and/or driveways (designed to City standards), public
recreation trail, water lines, and undergrounding of existing overhead utility
lines. Appropriate map review fees shall be paid at time of submittal.
3. Post a cash deposit to the City, in 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 any parcel, 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.
4. 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 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.
5. A monumentation bond in an amount acceptable to the City Engineer shall
be posted.
6. A Private Road Maintenance Agreement, in a form satisfactory to the City
Attorney, shall be executed by the property owner per Municipal Code
Section 12.20.060. The applicant shall provide to the City a legal
description and plat for this agreement.
(Planning and Public Works)
7. A public recreation trail shall be provided on the site to the satisfaction of
the Director of Development Services and Director of Public Works. The
location of the trail shall be shown on the final map.
G. Prior to Grading Permit issuance approval of Minor Development Review
Applications for home construction shall be obtained, unless other timing is
indicated, and 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. At 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
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waived by the Director of Development Services prior to issuance of
a Grading Permit. All retaining walls shall be shown on the plans
and shall comply with City standards.
b. Roads and/or 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. Eastvale Road along the entire length of the site shall
be improved and have a minimum paved width of 20 feet, with
concrete curb and 4-foot shoulders on each side, in a 28-foot wide
right-of-way, or an alternative standard to the satisfaction of the City
Engineer.
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. The plan shall show the provision of
8-inch water lines. The plans shall also show that exiting overhead
utility lines will be undergrounded. Encroachments are not permitted
upon any easement without an approved Encroachment Agreement!
Permit.
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.
g. The public recreation trail.
h. Septic field areas.
2. Pad elevations shown on the grading plan shall not change by more than
two feet in height from the elevations shown on the approved tentative map,
unless otherwise approved by the City Council.
3. The grading plans shall include construction of the private road extension of
Eastvale Road, in compliance with the specifications for private roads
provided in Title 12 of the Poway Municipal Code, including a minimum
paved width of 20 feet, with 4-foot shoulders on each side, within an
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Page 6
easement width of 28-feet, and a fire apparatus turnaround that meets the
approval of the Safety Services Department.
4. The grading plans shall demonstrate project compliance with the Standard
Urban Storm Water Management Program (SUSMP) ordinance.
5. Drainage from each parcel shall not encroach on each other or neighboring
properties unless a City Engineer approved drainage system is designed.
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 (NOI) 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
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. The applicant shall pay all applicable engineering plan checking, permit,
and inspection fees.
9. Grading and street improvement 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 per lot is required.
10. Water improvement plans in accordance with the recommendations made
in the water systems analysis shall be submitted to the City for review and
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approval. The submittal shall include appropriate plan check and inspection
fees.
11. In addition to the improvements recommended in the water systems
analysis, water improvement plans for an 8-inch water pipeline starting at
the northeast corner of Parcel 4, Parcel Map 9427, and ending at the
northwest corner of proposed Parcel 1, shall be submitted to the City for
review and approval. This alignment is based on the plan sheet received
on June 30, 2005.
12. The applicant shall submit a request for, and then subsequently attend, a
pre-construction meeting with a City Engineering Inspector. The applicant
shall be responsible that necessary individuals such as contractors,
subcontractors, project civil engineer and project soils engineer attend the
pre-construction meeting. At the 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 de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b) Cover all flat areas with approved mulch.
c) Install an earthen or gravel bag berm that retains 3 inches of water
over all flat areas prior to discharge, effectively creating a de-silting
basin from the pad.
13. Construction staking is to be 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 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.
14. Project grading may be required to be conducted outside the rainy season
pursuant to adopted City policy and standards.
H. Prior to Building Permit issuance the applicant shall comply with the following:
(Engineering)
1. The Parcel Map shall be recorded in the office of the San Diego County
Recorder, and a mylar copy of the recorded map shall be provided to the
City.
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2. 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.
3. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained from throughout construction of the project. The
applicant shall make provisions to insure proper maintenance of all erosion
control devices.
4. 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.
5. 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.
6. 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.
7. Prior to delivery of combustible building materials, on-site water systems
shall satisfactorily pass all required tests.
8. The applicant shall post 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.
Water:
Meter
Expansion Fee
Service Line
SDCWA Capacity"
SDCWA Water Treatment Capacity"
3/4- inch
$ 130
$3,710
$1,430
$3,985
$ 153
1 inch'
$ 270
$6,678
$1 ,430
$6,376
$ 245
, If a 1" meter is required due to fire sprinklers, then %" fees will apply.
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""To be paid by separate check, payable to the SDCWA.
Traffic mitigation =
Drainage =
Park fee =
2 parcels x $ 660 =
NA
2 parcels x $2,720 =
$1,320
$5,440
9. 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.
(Planning)
10. The Final Map shall be approved and recorded.
11. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein.
I. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
(Engineering)
1. The private road, driveways, drainage facilities, slope landscaping and
protection measures, utilities, and the waterline between Parcel 1 and
Parcel 2 shall be constructed, completed, and inspected by the Engineering
Inspector.
2. 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.
3. A deed restriction shall be recorded on the new parcel deeds for
participation in cost reimbursement for future water service that will affect
any of the new parcels that have noncompliant water pressures.
4. A Warranty Bond shall be posted after completion of all public
improvements required to be constructed with this project.
5. A maintenance agreement shall be recorded for the permanent stormwater
pollutant treatment devices installed in compliance with the Standard Urban
Storm Water Management Program (SUSMP) ordinance.
6. All existing and new utilities within the parcel map shall be placed
underground.
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Page 10
7. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to existing road improvements caused by construction activity
from this project.
8. 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.
J. Compliance with the following conditions is required to the satisfaction of the Fire
Marshal:
1. Fire hydrants shall be installed at locations to be determined by the Fire
Marshal as part of the MDRA review process. Hydrants shall be 500 feet
maximum distance from structures/residences.
2. The applicant shall comply with the "City of Poway Guide to Landscape
Requirements" as it relates to fuel management zones, which will be
established as part of the MDRA review process.
3. Dead end access roadways in excess of 150 feet long shall be provided
with approved provisions for the turning around of the Fire Department
apparatus. Curves and topographical conditions could alter the
requirements for turnarounds and the width of access ways.
4. Prior to delivery of combustible building materials, on-site water systems
shall satisfactorily pass all required tests.
Section 5: The approval of Tentative Parcel Map 05-01 expires on September 13,
2007, at 5:00 p.m. The Final 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
during which the applicant may protest the imposition of any fees, dedications,
reservations, or exactions imposed pursuant to this approval shall begin on September
13, 2005.
Resolution No. P-05-63
Page 11
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 13th day of September 2005.
Robert C. Emery, Dep yor
ATTEST:
~J~'{~I ()}})1k'~
Sherrie D. Worrell, Deputy City lerk
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-05-63 was duly adopted by
the City Council at a meeting of said City Council held on the 13th day of September
2005 and that it was so adopted by the following vote:
AYES: BOYACK, REXFORD, EMERY
NOES: NONE
ABSENT: HIGGINSON, CAFANGA
DISQUALIFIED: NONE
herrie D. Worrell, Deputy City Clerk
City of Poway