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Res P-08-29 RESOLUTION NO P-OS-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 06-02 ASSESSOR'S PARCEL NUMBER 314-242-06 WHEREAS, a request for a Tentative Parcel Map (TPM 06-02) to subdivide a o 52-acre parcel into two residential lots was submitted by Don Ayles, ERB Engineering, Applicant/Steven and Holly Malo, Owners, and WHEREAS, the subject property is located at 13659 Somerset Road, within the Residential Single-Family 7 zone and the Old Poway Specific Plan area, and also has access to Janette Lane, and WHEREAS, on November 1S, 200S, 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 is found to be Categorically Exempt from the California Quality Act (CEQA), as a Class 15, 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 06-02, are made as follows A. The Tentative Parcel Map is consistent with the General Plan, in that it proposes to create two residential lots 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 C The site is physically suitable for the type of development and the density proposed, in that the site is large enough to provide two lots of regular shape and dimension, and has access to Somerset Road and Janette Lane Resolution No P-OS-29 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 Onsite drainage improvements will be constructed to handle the surface water runoff 2. Water and sewer fees will be paid. Onsite 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 Janette Lane along the project frontage will be improved to City Standards and dedicated for public right- of-way Section 4 The City Council hereby approves Tentative Parcel Map 06~02, to allow the subdivision of a 0 62-acre parcel into two residential lots located, as shown on the Tentative Parcel Map dated July 21, 200S, subject to the following conditions A. This approval does not include the construction of any future single-family residence A separate approval for the home design and footprint shall be applied for through the 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 Resolution No P-OS-29 Page 3 C This approval is based on the existing site conditions represented on the Tentative Parcel Map If actual conditions vary from representations, the 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, and 2. Apply for a Letter of Availability (LOA) to reserve sewerage availability for one Equivalent Dwelling Units (EDU) and post with the City a non- refundable reservation fee of 20 percent of the sewerage connection fee in effect at the time the LOA is issued F Prior to Parcel Map approval, unless other timing is indicated, the following conditions shall be complied with 1 The 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 processing 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 The subdivider shall cause the dedication of a public right-of-way for Janette Lane along the project frontage, and within the Parcel Map (the most southerly 15 feet of Parcel 2), in order to obtain a public right-of-way width of 56 feet. The dedication shall be accomplished on the Parcel Map 4 Street improvement plans for widening of Janette Lane along the Parcel Map boundary shall be submitted, reviewed and approved by the Engineering Division. Janette Lane shall be improved to the Poway Municipal Code Section 12.20 OSO standards for a local urban road The improvement plans shall be prepared by a State-registered civil engineer The improvements shall consist of, but are not limited to, roadway paving to attain a roadway width of 36 feet, construction of concrete curb, gutter, Resolution No P-08-29 Page 4 sidewalk, street sign age, lane markings, and a roadway transition to the existing easterly improvements on Janette Lane 5 Appropriate project bonds, together with a Standard Subdivision Improvement Agreement, shall be posted for construction of all street improvements on Janette Lane, and property corner monumentation for Parcels 1 and 2. 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 12.20060 The agreement shall provide for maintenance of Somerset Road between Parcel 1 and Midland Road. The applicant shall provide to the City a legal description and plat map for this agreement. (Public Works) 7 The project shall be annexed into Landscape Maintenance District 83-1A, to the satisfaction of the Director of Public Works. 8 The project shall be annexed into Zone A Lighting District from Zone B Lighting District to the satisfaction of the Director of Public Works G Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with. (Engineering) 1 A grading plan for future development of Parcel 2, prepared on a City of Poway standard engineering D-sheet, to a scale of 1" = 20', together with a Grading Permit application and 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. 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 waived by the Planning Division and/or Engineering Division prior to issuance of a Grading Permit. b The future driveway slab, in compliance with the specifications provided in Section 17 OS 170D of the Poway Municipal Code, including the minimum structural section, and pertinent elevations and grades The driveway approach shall comply with San Diego Regional Standard Drawing G-14A for contiguous sidewalk This requires the provision of appropriate sidewalk transitions around the apron for ADA compliance. The transitions (4 5 feet wide) shall be contained within the proposed road dedication shown on the Resolution No P-OS-29 Page 5 tentative parcel map The total driveway curb opening shall not exceed forty percent (40%) of the lot frontage 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. e 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. 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. g. The provision of new concrete street improvements and asphalt surfacing on Janette Lane, and the removal of asphalt dike, including all associated pavement repairs and transition. h The water and sewer services to Parcel 2. I. Low Impact Development measures as per County of San Diego design guidelines 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 for Parcel 2 using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system for Parcel 2 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 the driveway and into Janette Lane are not permitted. 4 The pad elevation shown on the grading plan for Parcel 2 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. Resolution No P-OS-29 Page 6 5 The applicant shall pay all applicable engineering, plan checking, map checking, permit, and inspection fees. 6 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 is required (Planning) 7 A Tree Removal Permit approval shall be obtained, pursuant to Chapter 1232 of the Poway Municipal Code, prior to removal of any trees on Parcel2 Trees shall be protected and retained wherever possible Trees approved for removal must be replaced according to the City's Urban Forestry Ordinance. H Prior to Building Permit issuance, the applicant shall comply with the following. 1 The Parcel Map for TPM 06-02 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 and 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 desiltation 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 three inches of water over all areas prior to discharge, effectively creating a desiltation basin from the pad 3 Erosion control devices, including, but not limited to, desiltation basins, shall be installed and maintained by the developer throughout construction of the project. 4 Parcel 2 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 Resolution No P-08-29 Page 7 5 Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. 6 Rough grading of the lots 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, prepared by the engineer of work. 7 The following development fees shall be paid for Parcel 2. These fees are currently in effect and are subject to change without notice Water Meter Size %-inch * 1-inch Cost $130 $270 Expansion Fee**SDCWA Fee $3,710 $4,326 $6,678 $6,922 Service Line $1,430 $1 ,430 * If a 1-inch meter is required only for fire safety, %-inch meter fees for expansion & SDCWA will be applicable Cleanout box Inspection $2,356, 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 Sewer Connection Traffic Mitigation Park Midland Road Drainage Basin = $2,000 $2,720 $2,17532 = = 8 Prior to start of any work within City-held easements or rights-of-way, including construction of all required street improvements on Janette Lane, 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 A Minor Development Review Application shall be approved for each new house design, including, but not limited to, site plans and building elevations, incorporating all conditions of approval, through the Planning Division The houses are encouraged to build according to the architectural guidelines for the Old Poway Specific Plan (SP 88-01) Resolution No P-OS-29 Page 8 I. Compliance with the following conditions is required prior to Issuance of a Certificate of Occupancy 1 All road improvements, driveway improvements, any new drainage facilities, all slope landscaping and protection measures, and new utility services shall be constructed and completed by the sub-divider, and subsequently inspected by the Engineering Inspector for approval. 2. All new utilities within the Parcel Map shall be placed underground. Utility installations that are permitted to be aboveground include transformers, terminal boxes, meter cabinets, and pedestals 3 An adequate drainage system around the building pad on Parcel 2 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 the 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 and street improvement securities Section 5 The approval of Tentative Parcel Map 06-02 expires on November 18, 2010, 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 November 1S, 200S Resolution No P-OS-29 Page 9 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 18th day of November 200S Mi'h':::~Y", ATTEST ~ ro an, MMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No P-OS-29 was duly adopted by the City Council at a meeting of said City Council held on the 1Sth day of November 200S and that it was so adopted by the following vote. AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT NONE DISQUALIFIED. NONE Li a A. Troyan, MMC, City Clerk / Ity of Poway