Res P-07-31
RESOLUTION NO. P-07-31
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION
AND TENTATIVE PARCEL MAP 06-03
AND VARIANCE 06-14
ASSESSOR'S PARCEL NUMBER 323-201-05
WHEREAS, a request was submitted by Bob Lamagno, Applicant, to subdivide a
0.485-acre property into 3 residential lots ranging in size from 6,200 to 6,600 square
feet. The subject property is located at 13838 Poway Road, within the Residential
Single-Family 7 zone. A Variance approval is also requested to allow a masonry buffer
wall to be 8 feet high when the maximum height permitted in the zone is 6 feet; 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, on July 17, 2007, the City Council held a public hearing on the
above-referenced item, to solicit comments from the public both pro and con.
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),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for TPM 06-03 and Variance 06-14. The subject
EIS and MND 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, that the
mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially
significant impacts to a less than significant level, and that the MND reflects the
independent judgment and analysis of the City. The City Council hereby approves the
MND and the associated Mitigation Monitoring Program.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.), for TPM 06-03 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 densities consistent with the General Plan.
B. The design and improvements required of the Tentative Parcel Map are
consistent with the General Plan in that the approved lot sizes and configurations
adhere to the development standards of the Zoning Code.
Resolution No. P-07-31
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 residential lots, with
dimensions that are in keeping with the Zoning Code.
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 has been completely disturbed and was previously
developed.
E. The Tentative Parcel Map is not likely to cause serious public health problems as
existing City water mains and sewer will provide service to the new development.
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 Section 17.50.050 of the Poway
Municipal Code (PMC), to approve Variance 06-14, to allow a masonry buffer wall to be
8 feet high when the maximum height permitted in the zone is 6 feet, are made as
follows:
A. That ihere are special circumstances applicable to the property and because of
this, the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances include the fact that that a buffer wall is
required between the proposed project access road and the adjacent residential
property, and an approximate 2-foot grade exists (subject site is 2 feet lower) so
it necessitates that the wall be constructed. up to 8 feet in exposed height on the
subject property side in order to achieve a 6-foot height on the residential
neighboring lot side for privacy and buffering purposes; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought, because other
homes in the area have 5- to 6-foot-high rear and side yard fences to provide
privacy and security; and
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity, in that fencing will provide privacy and security in
the neighborhood; and
D. That the granting of this Variance does not coristitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone, in
that other existing homes in the area have 5 to 6-foot-high rear yard fences to
provide privacy; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-7 zone, because privacy fencing is permitted on single-
family residential properties within the RS-7 zone; and
Resolution No. P-07-31
Page 3
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 4: 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. In accordance with the Poway General Plan, the project requires the
payment of sewer, water, traffic mitigation, drainage, and park fees, which
are assessed on a pro-rata basis, to finance infrastructure improvements,
which promote a safe and healthy environment for the residents of the
City.
Section 5: The City Council hereby approves TPM 06-03 and Variance 06-14, for the
subdivision of a 0.485-acre property located at 13838 Poway Road into three (3)
residential lots ranging in size from 6,200 - 6,600 square feet, and to allow a masonry
buffer wall to be eight (8) feet high when the maximum height permitted in the zone is
six (6) feet; subject to the following conditions:
A. 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.
B. 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.
C. Pursuant to Section 66474.9 (b) of the State Government Code, the subdivider
shall defend, indemnify, and hold harmless the local agency or its agents,
officers, and employees from any claim, action or proceeding against the local
agency or its agents, officers, or employees to attack, set aside, void, or annul,
an approval of the local agency, advisory agency, appeal board, or legislative
body concerning a subdivision, which action is brought within the time period
provided in Section 66499.37 of the State Government Code. The City of Poway
shall promptly notify the subdivider of any claim, action, or proceeding, and the
City shall cooperate fully in the defense. If the City fails to promptly notify the
subdivider of any claim, action, or proceeding, or if the City fails to cooperate fully
in the defense, the subdivider shall not thereafter be responsible to defend,
indemnify, or hold harmless the City.
Resolution No. P-07-31
Page 4
D. Prior to Parcel Map approval, the following shall be completed:
1. Within 30 days after Tentative Parcel Map approval, 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 applicant 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. Within 30 days after final parcel map approval, the applicant shall apply for.
a Letter of Availability (LOA) to reserve sewer availability, and post with
the City a non-refundable reservation fee equal to thirty percent (30%) of
the appropriate connection fee in effect at the time the LOA is issued.
4. 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.
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 applicable map checking
fees.
6. The final parcel map shall conform to City standards and procedures, the
City Subdivision Ordinance, the Subdivision Map Act, and the Land
Surveyors Act.
7. Easements and/or right-of-way dedications to the City within the limits of
the subdivision shall be made on the final 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.
8. Appropriate securities shall be posted for lot monumentation.
9. Property access rights to Poway Road shall be relinquished.
(Planning)
10. A copy of the subdivision CC&Rs shall be submitted to the Development
Services Department, Planning Division for review and approval by the
City Attorney. The CC&Rs shall require that the property owner be
Resolution No. P-07-31
Page 5
responsible for regular maintenance of adjacent landscape areas within
the right-of-way, and along front and street side yard property lines.
11. Existing overhead utility service shall be installed underground to the
satisfaction of the Director of Development Services. The developer shall
schedule a pre-design meeting to discuss how the undergrounding will be
accomplished.
12. An 6 - 8-foot-high decorative masonry block wall (slumpstone or split face
block) shall be constructed across and along the easterly limits of the 15-
foot-wide private road easement that serves the subject property and is
located on Assessor Parcel Number 323-201-21 (as shown on Attachment
E of this agenda report). Clearance shall be provided under the wall to
allow proper drainage of runoff within drainage improvements.
13. The alignment of the access road shall be revised along the easterly limits
to provide a more rounded radius at the intersection with Vista View Court,
to the satisfaction of the Fire Marshal.
E. Prior to the issuance of a Grading Permit, unless other timing is indicated, the
following conditions shall be complied with:
1. Grading plans for development of the lots 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 Development
Services Department, Engineering Division for review and approval. A
grading plan submittal checklist is available at the Engineering Division
front counter. At a minimum, the grading plan shall show the following:
a. Tops and toes of graded slopes shall be shown with a minimum
5-foot setback from open space areas and 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 the 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.
Resolution No. P-07-31
Page 6
e. Method of water and sewer connections for the future dwelling
units, and the associated improvements.
f. Note the required on-street visitor parking (minimum of three
spaces).
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. Concentrated flows across driveways are not permitted.
4. The design of the 28-foot-wide access road shall be shown on the grading
plans.
5. 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
map, unless otherwise approved by the City Council.
6. The applicant shall pay all applicable engineering, plan checking, grading
permit, and inspection fees. The access road improvements shall be
included in the cost estimates for plan checking and determination of
inspection fees.
7. 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
access road improvements shall be included in the cost estimates for
determining the securities.
8. 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 onsite 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
overall at areas prior to discharge, effectively creating a de-silting
basin from the pad.
Resolution No. P-07-31
Page 7
9. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As 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.
(Planning)
10. A Tree Removal Permit approval shall be obtained from the Development
Services Department, Planning Division prior to the removal of any trees.
F. Prior to issuance of a Building Permit, unless other timing is indicated, the
following conditions shall be complied with.
1. Approval of this request shall not waive compliance with the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of
Grading and Building Permit issuance.
2. The parcel map for TPM 06-03 shall be recorded and a mylar copy of the
recorded map shall be provided to the City.
3. A $2,000 erosion control cash security for each lot shall be posted with the
City.
4. Erosion control devices, including, but not limited to, de-silting basins,
shall be installed and maintained by the subdivider 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.
6. Rough grading of the parcels 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 parcel, prepared by the
engineer of work.
b. A final soil compaction report for each parcel for review and
approval by the City.
7. The following development fees shall be paid for each residential site. If
the existing structure on the subject site is already connected to public
water or sewer, a respective credit shall be granted.
Resolution No. P-07-31
Page 8
Water:
Meter
Expansion Fee
Service Line
SDCWA Capacity"
SDCWA Water Treatment Capacity**
0/. inch
$ 130
$3,710
$1 ,430
$4,326
$ 166
1 inch
$ 270
$6,678*
$1,430
$6,922
$ 266
* If a 1" meter is required only due to fire sprinklers, then the 0/."
Expansion Fees will apply.
** To be paid by separate check, payable to the SDCWA.
Sewer Connection: $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.
Cleanout box = $ 50
Inspection = $ 25
Traffic Mitigation = $ 660
Park = $2,720
Drainage = $1,200
8. Prior to start of any work within the public right-of-way or easements, a
Right-of Way Permit shall be obtained from the Development Services
Department, Engineering Division. All appropriate fees shall be paid prior
to permit issuance.
(Planning)
9. Street trees shall be provided in accordance with requirements listed in
the City of Poway Guide to Landscape Requirements.
10. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School
District for additional information at (858) 679-2570.
11. Compliance with the City's Inclusionary Housing requirements pursuant to
PMC Sections 17.26.100, 17.26.200, and 17.26.300 shall occur at
Building Permit issuance for each of the created lots.
12. Development Review/Minor Development Review Application approval
shall be accomplished prior to further development of the property besides
site grading, access road construction, drainage improvements, and buffer
wall construction.
13. All existing and proposed overhead utilities shall be installed underground.
A note shall be added to the building plans to that effect.
Resolution No. P-07-31
Page 9
G. The applicant shall comply with the following conditions prior to issuance of a
Certificate of Occupancy:
1. Access road and driveway improvements, drainage facilities, slope
landscaping and protection measures, and utilities shall be constructed,
completed, and inspected by the Engineering Inspector. Driveways to
each lot shall be constructed' in accordance with PMC, Section
17.08.170D, and its structural section shall be shown on the grading plan.
2. All new utilities within the project shall be installed 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 subdivider 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. A private road construction and maintenance agreement, in a form
satisfactory to the City Attorney, shall be executed. Said agreement is to
comply with Ordinance No. 280, PMC Section 12.20.060. The applicant
shall provide to the City the necessary legal descriptions and plat maps for
this agreement.
6. 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.
(Planning)
7. Solid rear and side yard fencing, having a minimum height of five feet and
not exceeding six feet, shall be installed.
Section 6: The approval of Tentative Parcel Map 06-03 and Variance 06-14 shall
expire on July 17, 2009, 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 lime extension is subsequently granted by the
City Council.
Section 7: 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 17, 2007.
Resolution No. P-07-31
Page 10
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 17th day of July 2007.
ATTEST:
Li5S~C~k~
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-07-31 was duly adopted by the City
Council at a meeting of said City Council held on the 17th day of July 2007 and that it
was so adopted by the following vote:
AYES: BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: EMERY
DISQUALIFIED: NONE
~'S~C~~
City of Poway
Resolution No. P-07-31
Page 11
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR TPM 06-03NARIANCE 06-14
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This mitigation monitoring program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non-compliance
situations, which may occur subsequent to project construction, will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
To ic
Noise
Miti ation Measure
1. The developer shall construct an
8-foot-high decorative masonry wall
(slumpstone or split face block)) along the
southeasterly property line and connect
and construct a 6 to 8-foot-high masonry
wall along the westerly limits of the
15-foot-wide private road easement from
Vista View Court to the satisfaction of the
Director of Develo ment Services.
Timin
1. Prior to Map
Recordation