Res P-11-07RESOLUTION NO. P -11 -07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 10 -03
ASSESSOR'S PARCEL NUMBER 323 - 190 -39
WHEREAS, a request for a Tentative Parcel Map (TPM 10 -03) to subdivide a
1.5 -acre parcel into two one - half -acre minimum lots was submitted by the Johnson -Hoff
Family Trust, Applicant and Harry Rogers, Owner; and
WHEREAS, the subject property is located at 13347 Olive Tree Lane, within the
Residential Single - Family 2 zone; and
WHEREAS, on March 15, 2011, 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 TPM 10 -03, are made as follows:
A. TPM 10 -03 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 (PMC) designations.
B. The design and improvements required of TPM 10 -03 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 PMC.
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 Olive Tree Lane.
D. The design of TPM 10 -03 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 services are available to the site.
Resolution No. P -11 -07
Page 2
F. The design of TPM 10 -03 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 a single- family residence on the proposed lot can be
accommodated without obstructing or otherwise impacting existing easements.
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. Onsite drainage improvements will be constructed to handle the surface water
runoff.
2. Water and sewer fees will be paid. Onsite and offsite improvements will be
made to provide water, sewer, and electrical service to the development.
Section 5 : The City Council hereby approves TPM 10 -03, to allow the subdivision of a
1.5 -acre parcel into two one -half net -acre lots, as shown on the Tentative Parcel Map dated
December 17, 2010, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers,
and employees from any and all claims, actions, proceedings, damages, judgments,
or costs, including attorney's fees, against the City or its agents, officers, or
employees, relating to the issuance of this permit, including, but not limited to, any
action to attack, set aside, void, challenge, or annul this development approval and
any environmental document or decision. The City may elect to conduct its own
defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification. In the event of such election,
applicant shall pay all of the costs related thereto, including without limitation
reasonable attorney's fees and costs. In the event of a disagreement between the
City and applicant regarding litigation issues, the City shall have the authority to
control the litigation and make litigation- related decisions, including, but not limited to,
settlement or other disposition of the matter. However, the applicant shall not be
required to pay or perform any settlement unless such settlement is approved by
applicant.
B. This approval does not include the construction of any future single - family residence.
A separate approval of home design and footprint shall be applied for through the
Minor Development Review Application (MDRA) process prior to issuance of a
Building Permit.
Resolution No. P -11 -07
Page 3
C. Approval of this request shall not waive compliance with any section of the Zoning
Ordinance or other applicable City Ordinance in effect at the time of Building Permit
issuance.
D. 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.
E. The developer is required to comply with the Poway Noise Ordinance requirements
that govern construction activity and noise levels.
F. Within 30 days of this approval, the applicant shall submit in writing that all conditions
of approval have been read and understood
G. Prior to approval of the Parcel Map, unless other timing is indicated, the applicant
shall complete the following or have plans submitted and approved, agreements
executed and securities posted:
1. Following project approval, the applicant shall schedule a post - approval
meeting with the City's Project Planner to discuss the project conditions of
approval, timing of design and construction, and implementation of the project
conditions. The meeting shall be scheduled within 30 days of project approval
and prior to any plan submittals. The applicant should include their project
design team, including project architect, design engineer, and landscape
architect.
H. Prior to Grading Permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. All spoil materials from footings and foundations shall be legally disposed
of offsite unless a Grading Permit for placement of the materials is obtained
from the Department of Development Services — Engineering Division prior to
placement or the applicant has received verification from the Department in
writing that no permit is required.
2. The applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on the
site plan and be appropriately sized for the proposed level of development.
3. Submit a precise grading plan and related engineering studies for the
development of the lot prepared on a standard City of Poway sheet at a
scale of 1" = 20', unless otherwise approved by the City project engineer, in
accordance with the submittal and content requirements listed herein.
Resolution No. P -11 -07
Page 4
Submittal shall be made to the Engineering Division for review and approval
as required by the PMC. The grading design shall be 100% complete at
the time of submittal; incomplete submittals will not be accepted.
4. Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City prior to grading plan approval.
A minimum cash security for erosion control of $2,000 is required.
5. Following approval of the grading plans, posting of securities and fees, and
receipt of three copies of the approved plans, the applicant shall attend a
pre- construction meeting at the Development Services Department. The
scheduling request shall be submitted on a standard City form available from
the City's Project Engineer.
(Planning)
1. An MDRA shall be approved for any new house prior to Grading Permit
issuance. The MDRA requirements shall include, but not be limited to, site
plans and building elevations, and incorporate all conditions of approval.
2. Approval of a Tree Removal Permit shall be obtained, pursuant to Chapter
12.32 PMC, prior to removal of any trees on Parcel 1. Trees shall be
protected and retained wherever possible. Trees approved for removal must
be replaced according to the City's Urban Forestry Ordinance.
Prior to Building Permit issuance, the applicant shall comply with the following:
1. The Parcel Map for TPM 10 -03 shall be recorded, and a mylar copy of the
recorded map shall be provided to the City.
2. Submit improvement plans prepared on a standard City of Poway sheet at
a scale of 1" = 20', unless otherwise approved by the City's Project Engineer,
in accordance with the submittal and content requirements listed herein.
Submittal shall be made to the Engineering Division for review and approval.
The improvement design shall be 100% complete at the time of submittal;
incomplete submittals will not be accepted. Plans should show the required
5 -foot widening of Olive Tree Lane.
3. The site shall be developed in accordance with the approved grading plans on
file in the Development Services Department and the conditions contained
herein. Grading 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.
4. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 1 to April 30. The
Resolution No. P -11 -07
Page 5
developer shall maintain all erosion control devices throughout their intended
life.
a) Three copies of certification, of line and grade for the lot, prepared by the
engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
5. Prior to start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division. All
appropriate fees shall be paid prior to permit issuance.
6. The applicant shall pay all applicable development impact fees in effect at
the time of Building Permit issuance. The following is a current list of the
anticipated fees for the new lot:
a) Drainage Fee - $2,168.19
b) Water (assume 1" meter) - $5,718
c) Traffic- $2,176
d) Park - $4,562
e) Fire Apparatus - $122.03
f) SDCWA - $6,922
(Planning)
7. School fees in effect at the time of Building Permit issuance shall be paid, or
the applicant may request that the Poway Unified School District form a
special Community Facilities District and enter into a mitigation agreement.
8. The developer is advised that, pursuant to PMC 17.26.100 through 17.26.300,
single - family residential development shall provide that 15 percent of the units
created shall be affordable to low- income households. The developer of
for -sale housing may, in lieu of providing required inclusionary housing onsite
or offsite, pay an Affordable Housing In -Lieu Fee to the City in accordance
with the provisions of the referenced Section prior to issuance of a Building
Permit.
9. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to the streets caused by construction activity from this project.
J. Compliance with the following conditions is required prior to issuance of a Certificate
of Occupancy:
1. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
Resolution No. P- 11' -07
Page 6
utilities shall be permitted, and offsite undergrounding improvements may
be required to avoid the installation of a new pole.
2. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request for occupancy, per Section
16.52.1306 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. At least three
weeks prior to a request for occupancy is recommended.
Section 6 : The approval of Tentative Parcel Map 10 -03 expires on March 15, 2013, 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 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 March 15, 2011.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 15th day of March 2011.
ATTEST:
Resolution No. P -11 -07
Page 7
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- - 11 -07 was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of March 2011 and that it
was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
da . Troyan, MMC, City Clerk
City of Poway
MAp1anning \10reportVpm \10 -03 Johnson \Reso.docx