Res P-06-37
RESOLUTION NO. P-06-37
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP (TPM) 06-01
ASSESSOR'S PARCEL NUMBER 317-490-26
WHEREAS, a request for a Tentative Parcel Map (TPM 06-01) was submitted by
George and Elizabeth Heller to subdivide one lot, with an acreage of 0.56 acres, into 3
residential lots, with Parcel 1 at 5,600 square feet, Parcel 2 at 5,600 square feet and
Parcel 3 at 9,147 square feet; and
WHEREAS, on August 1, 2006, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, and 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;
and
WHEREAS, pursuant to Government Code Section 66020 (d)(1), notice is further
given that the 90-day period to protest the imposition of any fee, dedication, reservation,
or the exaction described in this Resolution begins on the effective date of this
Resolution and any such protest must be in a manner that complies with Section 66020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: An Environmental Initial Study was completed on the project and it was
determined that the establishment of the proposed use of the property will not have a
significant adverse impact on the environment since potential impacts are less than a
level of significance by the recommended conditions of approval. It is recommended
that a Mitigated Negative Declaration be approved.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 06-01, are made
as follows:
A. The Tentative Parcel Map is consistent with the General Plan in that it proposes
to create three 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.
Resolution No. P-06-37
Page 2
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 lots of regular shape
and dimension and has access to a public street, Carriage 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.
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 lots 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 Carriage Road will be constructed to
accommodate the project traffic.
2. On-site drainage improvements will be constructed to handle the surface
water ru noff.
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 52 feet, to ensure adequate emergency access.
Section 4: The City Council hereby approves Tentative Parcel Map 06-01, to allow the
subdivision of 0.56 acres of land into three residential lots, located at 13034-36 Carriage
Road, in the Residential Single-Family 7 (RS-7) zone, as shown on the Tentative Parcel
Map dated May 9, 2006, subject to the following conditions:
Resolution No. P-06-37
Page 3
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.
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 sewer 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 the
approval of the City Council.
4. 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 final 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 rights-of-way of the
easterly 30 feet of the property, along the project's frontage on Carriage
Resolution No. P-06-37
Page 4
Road, and within the Parcel Map, in order to obtain a public right-of-way
width of 70'. The dedication shall be accomplished on the Parcel Map.
7. Road improvement plans for Carriage Road along the Parcel Map
boundary shall be submitted by the developer, reviewed, and approved by
the Engineering Division. Carriage Road shall be improved to the Poway
Municipal Code Section 12.20.080 standards for a local collector urban
road. A State Registered Civil Engineer shall prepare the improvement
plans. The improvements shall consist of, but are not limited to, new
roadway paving and structural section; construction of a concrete curb,
gutter, and non-contiguous sidewalk; installation of a standard street light
midpoint of project frontage; provision of traffic signage and appropriate
roadway transition to the existing street width southerly of the project site;
and drainage considerations. Appropriate measures shall be provided to
convey street runoff from the newly constructed improvements onto the
existing adjacent grass swale. The plans shall also include the necessary
repairs to the existing asphalt surfacing on Carriage Road along the
project frontage.
8. Appropriate project bonding and an improvement agreement shall be
posted for construction of all street improvements on Carriage Road, lot
drainage facilities, lot grading, and property corner monumentation for all
parcels.
9. All existing and new utilities within the project shall be placed
underground, to the satisfaction of the Director of Development Services.
The utilities shall be undergrounded from the pole on the east side of
Carriage Road, to the subject property and the parcel immediately to the
south (APN 317-500-36), which is also serviced by the utility pole on the
property line.
(Traffic Engineer)
10. A street light shall be installed near the midpoint or south property line, in
a location approved by the City Traffic Engineer.
(Public Works)
11. The new streetlight shall be annexed into the appropriate Street Lighting
District, to the satisfaction of the Director of Public Works.
(Planning)
12. A note shall be added to the final parcel map, which states that this
property is located adjacent to the Kumeyaay-Ipai Interpretative Center
and the activities at the center, such as trails, tours, and educational
activities, may generate noise or may be visible from the property.
Resolution No. P-06-37
Page 5
13. The existing duplex unit must be demolished prior to final Parcel Map
approval.
E. Prior to Grading Permit issuance, the applicant shall complete the following, to
the satisfaction of the Director of Development Services:
(Engineering)
1. A grading plan is required for development of the parcels, and shall be
prepared on mylar at a scale of 1" = 20', and a Grading Permit application
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 slabs, 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 approaches shall comply with San Diego Regional
Standard Drawing G-14C for non-contiguous sidewalks. This
requires the provision of appropriate sidewalk transitions around
the apron for ADA compliance. The total driveway curb opening
shall not exceed forty percent (40%) of the lot frontage for Parcels 1
and 2.
c. A separate erosion control plan for prevention of sediment runoff
during construction.
d. 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.
e. Locations of any proposed raised utility boxes in the rights-of-way,
shall be 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.
Resolution No. P-06-37
Page 6
f. 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.
g. The provision of new street improvements on Carriage Road,
including the removal of exiting improvements.
h. The water and sewer services to the parcels.
2. 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.
3. 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 properly handle the
drainage. Concentrated flows across driveways and Carriage Road are
not permitted.
4. 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
Parcel Map, unless otherwise approved by the City Council.
5. 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.
6. The developer shall pay all applicable engineering plan checking, permit,
and inspection fees.
7. 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 pre-construction 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.
Resolution No. P-06-37
Page 7
a. Provide an on-site de-silting 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 three (3) inches of
water over all areas prior to discharge, effectively creating a de-
silting basin from the pad.
(Planning)
8. The applicant shall retain the services of a qualified archaeologist, to the
satisfaction of the Director of Development Services, who will be on-site
during the rough grading process, including the preliminary stage involving
removal of tree roots. The archaeologist shall attend the pre-construction
meeting. In the event that any cultural resources are uncovered during
the process, the archaeologist shall have the authority to stop the
construction operation and/or direct the work to another area of the site
while the find is analyzed. Should mitigation be required, the
archaeologist shall formulate a mitigation plan for review and approval by
the Director of Development Services before more grading work occurs
within the affected area. Any mitigation measures required for new sites
must be completed before clearing of tree roots or grading resumes in
these areas.
F. Prior to issuance of a Building Permit for Parcel 1, 2 or 3, 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 for each lot.
2. The maximum height of any fence or wall shall not exceed six (6) feet.
Retaining walls shall be of decorative block or stucco finish consistent with
the exterior of the proposed residence. Any fencing proposed shall be
included on the Building Plans.
(Engineering)
3. The final Parcel Map for TPM 06-01 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.
4. The parcels shall be developed in accordance with the approved site plan
on file in the Development Services Department and the conditions
contained herein. Grading shall be in accordance with the Uniform
Resolution No. P-06-37
Page 8
Building Code, the City Grading Ordinance, the approved grading plan,
the approved soils report and grading practices acceptable to the City.
5. Erosion control devices, including, but not limited to, a de-silting basin,
shall be installed and maintained by the developer throughout the
construction of the project.
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.
8. The following development fees shall be paid for each parcel. These fees
are currently in effect and are subject to change without notice:
Water:
Meter
Expansion Fee
Service Line
SDCWA Capacity"
SDCWA Water Treatment Capacity"
0/. inch
$ 130
$3,710
$1,430
$4,154
$ 159
1 inch'
$ 270
$6,678
$1 ,430
$6,646
$ 255
,
If a 1" meter is required only for fire safety, 0/." meter fees will be
apply.
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 c1eanout
Sewer cleanout inspection fee = $25.00 per cleanout
Traffic mitigation fee
Park fee
= $660.00
= $2,720.00
Resolution No. P-06-37
Page 9
9. Prior to the start of any work within City held easements or rights-of-way,
including the construction of all required street improvements on Carriage
Road, 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 the determination of inspection
fees.
(Traffic Engineer)
10. Provide adequate transition from new curb to existing AC. berm at 3:1.
G. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1. A 16-foot wide paved driveway will be required for Parcel 3.
2. A residential fire sprinkler system with a one-inch meter will be required for
Parcel 3. Plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (If a one-inch lateral off the street main is
currently not present, one will have to be installed.)
H. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
(Engineering)
1. Driveway improvements for all parcels, the new drainage facilities, slope
landscaping and protection measures, and utilities services shall be
constructed, completed by the developer, and inspected by the
Engineering Inspector.
2. An adequate drainage system around each building pad, at each parcel,
capable of handling and disposing all surface water shall be provided and
completed by the developer, to the satisfaction of the Engineering
Inspector.
3. Record drawings for grading plans, signed by the engineer of work, shall
be submitted to the Development Services Department 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
Resolution No. P-06-37
Page 10
for review and approval prior to the issuance of occupancy and the
release of grading securities. A copy of the approved record drawings on
a disk in AutoCad format shall be provided to the City.
4. The sub-divider 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.
5. All existing and new utilities within the project area shall be placed
underground, to the satisfaction of the Director of Development Services.
(Planning)
6. A solid wood fence, with a minimum of 5 feet in height, must be erected on
the south property line of Lot 3.
Section 5: The approval of Tentative Parcel Map 06-01 expires on Auqust 1. 2008. 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 August 1, 2006.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 1st day of August 2006.
ATTEST:
~k~~
L. ane Shea, City Clerk
Resolution No. P-06-37
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-06-37 was duly adopted by the City
Council at a meeting of said City Council held on the 1 st day of August 2006 and that it
was so adopted by the following vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED: NONE
~~~~
L. Diane Shea, City Clerk
City of Poway