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
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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.
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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
=
=
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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