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