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Res P-04-58 RESOLUTION NO. P-04-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP (TPM) 04-01 ASSESSOR'S PARCEL NUMBER 323-201-02 WHEREAS, a request for a Tentative Parcel Map (TPM) 04-01 to subdivide a 0.51-acre parcel into three residential lots was submitted by M.G.I.G. Trust, Owner, and McCullough-Ames Development, Inc., Applicant; and WHEREAS, the subject property is located at 13260 Cicero Way, within the Residential Single-Family 7 zone; and WHEREAS, on August 31, 2004, 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 project, TPM 04-01, is found to be Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 15 pursuant to Section 15315 of the CEQA Guidelines, in that the project involves a minor land division within an urbanized area consistent with the General Plan and Zoning requirements. Section 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.), for Tentative Parcel Map 04-01 are made as follows: A. The Tentative Parcel Map is consistent with the General Plan, in that it proposes to create three residential lots at a density 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 three lots of regular shape and dimension and has access to a public street, Cicero Way. Resolution No. P-04-58 Page 2 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 single-family residences on the proposed 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. On-site drainage improvements will be constructed to handle the surface water ru noff. 2. Water and sewer fees will be paid. On-site and frontage improvements will be made to provide water and sewer service to the development. 3. 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 04-01, to allow the subdivision of a 0.51-acre parcel into three residential lots, as shown on the Tentative Parcel Map dated June 15, 2004, subject to the following conditions: A. This approval is not inclusive of the design of the proposed single-family homes. Separate approval of the home design and footprints shall be applied for through the Minor Development Review Application process prior to issuance of Building Permits. 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-04-58 Page 3 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 Parcel 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. E. Within 30 days of this approval, the applicant shall: 1. Submit in writing that all conditions of approval have been read and understood. 2. Apply for a Letter of Availability (LOA) to reserve sewerage availability, and post with the City a non-refundable reservation fee of 20 percent 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 the 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. F. Prior to Parcel Map recordation, unless other timing is indicated, the following conditions shall be complied with: 1. The Parcel Map shall be submitted to the Engineering Division of the Development Services Department for review and approval, together with the supporting data and documentation and applicable map checking fees. 2. The Parcel Map shall conform to City standards and procedures, the City Subdivision Ordinance, the Subdivision Map Act, and the Land Surveyors Act. 3 Easements and/or right-of-way dedications to the City within the limits of the parcel map shall be made on the map. 4. Offsite easements to be dedicated by separate instrument shall be recorded prior to Parcel Map approval. 5. Appropriate securities shall be posted for lot corner monumentation. Resolution No. P-04-58 Page 4 6. The existing single family home shall be demolished. A demolition permit shall be obtained from the Building Division. G. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: 1. A grading plan for development of the parcels prepared on a City of Poway standard mylar at a scale of 1"=20', shall be submitted along with a Grading Permit application and applicable fees to the Engineering Division of the Development Services Department for review and approval. A grading plan submittal checklist is available at the Engineering Division front counter. As a minimum, the grading plan shall show the following: a. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from lot 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. A separate erosion control plan for prevention of sediment run-off during construction. c. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon any easement without an approved Encroachment Agreement/Permit. d. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. Utility boxes with a dimension greater than 36-inches may require screening. e. Method of water and sewer connections for the future dwelling units. f. The access driveways in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, including minimum structural sections, elevations and grades. The driveway aprons shall be in accordance with Regional Standard Drawing G-14A for contiguous sidewalk. This requires the provision of sidewalk transitions on Cicero Way in order to accommodate wheelchairs around the aprons. Additional street right-of-way may be needed to construct the transitions. (Note: Not more than 40% of each lot frontage width shall be allocated for driveway curb openings.) Resolution No. P-04-58 Page 5 g. Top of wall and top of footing elevations for the new retaining walls. h. The construction of a wheelchair ramp per San Diego Regional Standard Drawing G-28 (type A-1) and the associated improvements adjacent to the northeast corner of parcel 1, at the southwest curb return on Cicero Way. Note: The proposed property cutoff dedication/easement at the northeast corner of parcel 1 for a sidewalk shall be wide enough in order to accommodate a complete A-1 ramp installation at the corner; Le., a ramp length of 5.5 feet and a 4-foot landing at 2% maximum, for compliance with ADA. L The removal and replacement of any remaining raised portions of sidewalk along the project frontage on Cicero Way, that are not part of the new driveway approach construction, to eliminate trip hazards. Tree root pruning will be required prior to construction of the new improvements. Any root trimming shall be done in conjunction with the recommendations of a qualified arborist to ensure that the tree(s) remain healthy. Any tree removals shall be subject to the approval of a tree removal permit by the City. j. The undergrounding of the existing power poles and over-head utility lines along project frontage on Cicero Way. 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 project site and all surface water flowing onto the project site from adjacent lands. Said system shall include all easements required to properly handle the drainage. Large concentrated flows across driveways are not permitted. The drainage system should be designed in such a way as to reduce the amount of flow to Cicero Court. At a minimum, the flow to Cicero Court should not increase by any amount. 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. The applicant shall pay all applicable engineering, plan checking, map checking, permit, and inspection fees. The driveway and handicap ramp Resolution No. P-04-58 Page 6 construction cost shall be included in the cost estimates for plan checking and determination of inspection fees. 6. Grading securities in the form of a performance bond and cash deposit, or a letter of credit and cash deposit, shall be posted with the City. The driveway and handicap ramp improvements shall be included in the cost estimates for determining the securities. 7. Should there be a need for a new fire hydrant due to the proposed division of land, a water system analysis shall be prepared to determine the adequacy of the existing public water main on Cicero Way and Vista View Court and any upgrading thereof. The applicant shall pay to the City of Poway the cost of preparing the analysis. If water improvements are required, the applicant shall submit separate improvement plans prepared by a licensed civil engineer, along with plan check and inspection fees, for review and approval by the Engineering Division. 8. The existing single family home shall be demolished prior to grading. A demolition permit shall be obtained from the Building Division. 9. A master tree inventory shall be prepared on the property by a qualified arborist or biologist. The species and diameter of the trunk shall be indicated. The inventory shall be submitted to the Planning Division and the inventory shall be used to identify any sensitive or mature tree(s) that will need to be preserved. H. Prior to Building Permit issuance, the applicant shall comply with the following: 1. The Parcel Map for TPM 04-01 shall be recorded and a mylar copy of the recorded map shall be provided to the City. 2. The applicant shall attend a pre-construction meeting, at which time they 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. b. Cover all flat areas with an 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 desiltation basin from the pad. Resolution No. P-04-58 Page 7 3. A $2,000 erosion control cash security for each lot shall be posted with the City. 4. Sediment control devices, including, but not limited to, desiltation basins, shall be installed and maintained by the developer throughout construction of the project. 5. 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 the parcels 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. 7. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. 8. Rough grading of the parcels is to be completed and meet the approval of the City inspector and shall include the submittal of the following: a. A final soil compaction report for each lot for review and approval by the City. b. A certification of line and grade for each lot, prepared by the engineer of work. 9. The following development fees shall be paid for each residential site: Water Meter Size 'X-inch *1-inch Cost $130 $270 Expansion Fee**SDCWA Fee $3,710 $2,004 $6,678 $3,206 Service Line $1,430 $1,430 * If a 1-inch meter is required only for fire safety, 'X-inch meter fees for expansion & SDCWA will be applicable. Payable to San Diego County Water Authority by separate check. ** Cleanout box Inspection $2,356 per parcel, or any remaining sewer connection fees not posted with the Letter of Availability as required with the conditions of approval for the Parcel Map. $50 $25 $660 $2,720 $1,200 = Sewer Connection Traffic Mitigation Park Drainage = = Resolution No. P-04-58 Page 8 10. Prior to start of any work within the City rights-of-way, including construction of the proposed driveway aprons, handicap ramp installation, sidewalk replacement, water and sewer service installations, and installation of the 4-inch curb drains on Cicero Court, 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. 11. A Minor Development Review Application shall be submitted to the Planning Division for review and approval for each single-family residence. I. Compliance with the following conditions is required prior to issuance of Certificate of Occupancy: 1. Driveway and handicap ramp improvements, drainage facilities, retaining walls, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. The private driveway slabs shall be constructed in accordance with Poway Municipal Code, Section 17.08.170D, and their structural sections shall be shown on the grading plan. 2. All new utilities within the project, as well as the existing off-site utilities shall be placed underground. 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. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public road improvements caused by construction activity from this project. 5. Record drawings, signed by the engineer of work, shall be submitted to the Engineering Division 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. Section 5: The approval of Tentative Parcel Map 04-01 expires on August 31, 2006, 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. Resolution No. P-04.58 Page 9 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 31,2004. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 31 st day of August 2004. ATTEST: "- Jea e Bunch, Interim City Clerk STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P-04-58 was duly adopted by the City Council at a meeting of said City Council held on the 31 st day of August 2004 and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE Je e Bunch, Interim City Clerk C' of Poway