Res P-11-25RESOLUTION NO. P -11 -25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 11 -01
ASSESSOR'S PARCEL NUMBER 273 - 820 -20
WHEREAS, a request for a Tentative Parcel Map (TPM 11 -01) to subdivide a
2.3 -acre property located at 17055 Rock Road, in the Rural Residential C zone, into two
residential lots was submitted by Yisroel and Devorah Goldstein, Applicant; and
WHEREAS, on October 4, 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 2011 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 11 -01, 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 a density consistent with the General Plan and Poway
Municipal Code (PMC) Sections 17.08.160 and 17.08.170 designations.
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 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 and is compatible and in character
with development in the vicinity.
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 subdivision will not result in removal of habitat.
E. The approval is not likely to cause serious public health problems in that City water
service is 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
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subdivision in that the development of a single - family residence on the proposed new
lot 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. Water and sewer line improvements from the existing lines in Rock Road will
be constructed to serve the development.
2. Onsite drainage improvements will be constructed on Parcel 2 to handle the
surface water runoff.
3. Traffic mitigation fees will be paid.
4. Trail dedication and improvements will be completed along the segment of trail
on Parcels 1 and 2.
Section 4 : The City Council hereby approves Tentative Parcel Map 11 -01, to allow the
subdivision of a 2.3 -acre property into two lots, as shown on the Tentative Parcel Map,
subject to the following conditions:
A. 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.
B. 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.
C. The developer is required to comply with the Poway Noise Ordinance (PMC Section
8.08) requirements that govern construction activity and noise levels.
D. Within 30 days of this approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
E. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers,
and employees from any and all claims, actions, proceedings, damages, judgments,
Resolution No. P -11 -25
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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.
F. A Minor Development Review Application shall be approved prior for a new house
and site design on Parcel 2; including, but not limited to, grading, site plan and
building elevations, incorporating all conditions of approval, through the Planning
Division.
G. Prior to Parcel Map approval, unless other timing is indicated, the following conditions
shall be complied with.
(Engineering)
1. Following project approval, the applicant shall schedule with the City Project
Planner and the City Project Engineer a post - approval meeting to discuss the
project conditions of approval, timing of design and construction, and
implementation of the project conditions. The meeting shall be scheduled
within thirty 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.
2. The applicant shall include provisions in the design contract with their design
consultants that, following acceptance by the City, all construction drawings or
technical reports accepted by the City, exclusive of architectural building
plans, shall become the property of the City. Once accepted, these plans may
be freely used, copied or distributed by the City to the public or other agencies
as the City may deem appropriate. An acknowledgement of this requirement
from the design consultant shall be included on all construction drawings at
the time of plan submittal.
3. A new /revised trail easement is to be dedicated to the City of Poway on the
Parcel Map to the satisfaction of the City Engineer. Trail improvements are to
be completed in accordance with the City of Poway Trail Standards and
Specifications to the satisfaction of the Public Works Department, as follows:
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The southerly portion of the trail shall be improved from the southwest
corner of the property, extending approximately 150 feet along the east
side of the existing driveway; at the 150 foot mark, the trail shall cross
over the driveway and re- connect to the existing improved northerly
portion of the trail as shown on the approved Tentative Parcel Map.
ii. Trail improvements shall be consistent with the following requirements:
• Approximately 150 feet of trail fencing is required, adjacent to the
existing driveway, matching the trail fencing located offsite to the
south.
• The existing native soil is sufficient for the improved trail surface,
with no import being required, with a 2% finished slope towards
the driveway.
4. Private utility service and access easements are to be reserved on the final
map.
5. The existing septic system for the developed lot is to be taken out of service
and connection to City sewer shall be completed.
6. A deed covenant is to be recorded to ensure that the cost of maintaining
a private shared sewer pump station and force main is shared between the
two lots.
7. Applicant shall enter into a Standard Agreement to insure setting of
monuments. The applicant will be responsible for posting securities for
monumentation.
8. Applicant shall enter into a Private Street Maintenance Agreement for all
private roads that service the property. The form and content shall be in a
form satisfactory to the City Attorney.
9. A photo mylar copy of the map shall be provided to the City within 3 months of
its recordation or prior to Building Permit issuance, whichever comes first. A
cash deposit to the City, in an amount equivalent to $100.00 per sheet of the
parcel map, for the photo Mylar reproduction of the recorded tract map shall
be posted.
H. Prior to Grading Permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. 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. Submit
a grading plan for the development of the lots, in accordance with the
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submittal and content requirements listed in the Poway Municipal Code.
Submittal shall be made to the Department of Development Services
Engineering Division for review and approval. The grading design shall be
100% complete at the time of submittal. Incomplete submittals will not be
accepted. All technical studies as required by the Municipal Code shall be
provided with the preliminary submittal.
2. The project shall comply with all requirements of the SUSMP chapter of the
Poway Municipal Code as applicable.
3. 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 of $2,000 is required in all instances.
4. 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 'approved grading plans are to be staked
under the direction of a licensed land surveyor or licensed civil engineer and
delineated with lathe and ribbon. As applicable, provide two copies of a
written certification, signed and sealed in accordance with the Business and
Professions Code, by the engineer of record stating that all protected areas
have been staked in accordance with the approved plans.
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 Department of Development Services. The
scheduling request shall be submitted on a City standard form available from
the City's project engineer.
(Planning)
6. This approval does not include the development (grading and /or construction)
of a future single - family residence on Parcel 2. A Minor Development Review
Application (MDRA) needs to be submitted and approved prior to issuance of
a Grading Permit for residential development on Parcel 2.
7. To avoid potential impacts to the California Gnatcatcher and Coastal Sage
Scrub (CSS), in accordance with Condition H of the Poway HCP Incidental
Take Permit, a take of active California Gnatcatchers nests, which includes
harassment of the bird due to grading noise and vibrations from February 15
through July 1, is not permitted. Therefore, grading during this time frame will
only be permitted subject to the following conditions having been met to the
satisfaction of the Director of Development Services:
a. If grading or clearing is to occur between February 15 and July 1, the
applicant shall provide to the Planning Division a letter from a qualified
biologist (retained by the applicant) that outlines a scope of work for a
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Gnatcatcher survey and a map for the area to be cleared and /or
graded, and CSS habitat areas within 500 feet of such area. The
biologist shall contact the USFWS to determine the appropriate
Gnatcatcher survey methodology. The purpose of the survey is to
determine if any active Gnatcatcher nests are located in the area to be
cleared or graded, or in CSS habitat within 500 feet of such area. To
be considered qualified, the biologist must provide the City with a copy
of a valid Gnatcatcher Recovery Permit from the USFWS.
b. The scope of work shall explain the survey methodology for the
Gnatcatcher survey and the proposed Gnatcatcher nest monitoring
activities during the clearing /grading operation if a Gnatcatcher nest is
located within 500 feet of areas to be graded.
C. Should the report show, to the satisfaction of the Director of
Development Services, that Gnatcatcher nests are not present
within the area to be graded/ cleared, or within CSS ,habitat located
within 500 feet of said area, approval may be granted to commence
clearing /grading within the Gnatcatcher nesting season from
February 15 through July 1.
d. The applicant is hereby advised that, during grading, if active nests are
found within 500 feet of the grading, the grading activity shall be
stopped until such time as mitigation measures, to the satisfaction of
the City and the USFWS, are implemented. There is no guarantee that
grading will be allowed to resume.
e. The biologist must attend the City's pre- construction meeting for the
project and must be present onsite during all clearing /grading activities
to monitor that the clearing /grading activities stay within the designated
limits. If grading /clearing occurs between February 15 and July 1, the
biologist shall also monitor and survey the habitat within the area to be
cleared /graded, and any habitat within 500 feet of said area, on a
weekly basis for any evidence that a Gnatcatcher nest(s) exists or is
being built. Weekly monitoring summaries shall be submitted to the
Planning Division. Should evidence of a Gnatcatcher nest(s) be
discovered, the clearing /grading activities shall cease in that area and
be directed away from the Gnatcatcher nest(s) to a location greater
than 500 feet away from the nest(s). If clearing /grading is required to
stop due to the presence of active nests, the applicant shall provide
erosion control to the satisfaction of the City E=ngineer. This paragraph
must be included as a note on the cover sheet of the clearing /grading
plan.
f. Upon completion of the clearing /grading activities, the applicant's
biologist shall submit to the Director of Development Services a
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biological monitoring report summarizing the daily observations of the
biologist, including whether any Gnatcatchers or evidence of active
Gnatcatcher nests were present during clearing and grading activities
within the area and any habitat within 500 feet of said area.
g. The biologist shall provide the City with written confirmation that the
limits of clearing /grading are in accordance with the project's Biological
Technical Report.
h. If the Survey reports that Gnatcatcher nests are present within the area
to be graded /cleared, or within CSS habitat located within 500 feet of
said area, no grading will be allowed during the Gnatcatcher nesting
season until such time as mitigation measures, to the satisfaction of the
City and the U.S. Fish and Wildlife Service, are implemented.
8. Pad elevations 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.
Prior to Building Permit issuance for the future development of a home on Parcel 2,
the applicant is required to comply with the following:
(Engineering)
1. 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 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.
2. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 1 to April 30. The
developer shall maintain all erosion control devices throughout their intended
life.
3. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector and the
project's geotechnical engineer. Following completion of rough grading,
please submit the following:
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.
4. 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
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fees shall be paid prior to permit issuance.
5. An agreement for maintenance of the project's private sewer system shall be
recorded. The form and content of the agreement shall be to the satisfaction
of the City Attorney.
6. The applicant shall pay all applicable development impact fees in effect at time
of permit issuance. The following is a current list of the anticipated fees due
for each lot:
Sewer (North Basin) $6,470.00
Indirect Benefit $500.00
*Water (1" Meter) $3,026.00
*Traffic $2,218.00
*Park $4,562.00
*Fire Apparatus $ 122.03
*These fees are applicable to the undeveloped lot only.
The 1" meter is required for fire protection purposes only. Therefore, the water
meter fee and SDCWA fee are charged at the %" rate. The required fee to
the San Diego County Water Authority is $4,326 for a W meter.
(Planning)
7. Applicable school fees in effect at the time of Building Permit issuance shall be
paid.
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 for Parcel 2.
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. Prior to Issuance of a Certificate of Occupancy the applicant is required to comply
with the following:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the
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project shall be installed underground. No extension of overhead utilities shall
be permitted.
2. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility services
shall be placed underground.
3. An adequate drainage system around the new 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 the streets caused by construction activity from this project.
5. Trail improvements shall be reviewed and accepted by the City Public Works
Department.
6. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of 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 5 : The approval of Tentative Parcel Map 11 -0 1 shall expire on October 4, 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 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 October 4, 2011.
Resolution No. P -11 -25
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PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 4th day of October 2011.
L
Don Higginson, Mayor
ATTEST:
Li A. T yan, MMC, City C erk
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 -25 was duly adopted by the City
Council at a meeting of said City Council held on the 4th day of October 2011 and that it
was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Linda . Troyan, MMC, City Clerk
City-6f Poway