Res P-14-11RESOLUTION NO. P -14 -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 13 -002
ASSESSOR'S PARCEL NUMBER 278 - 180 -44
WHEREAS, on November 18, 2014, 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 findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. Seq.), for Tentative Parcel Map (TPM) 13 -002 are
made as follows:
A. That the proposed map is consistent with the objectives, policies, general land
uses and programs of the General Plan in that it proposes to create two
residential lots at a density that is consistent with the General Plan designations
and Poway Municipal Code standards.
B. That the design or improvement of the proposed subdivision or lot division is
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. That the site is physically suitable for the type of development in that the site is
large enough to provide two lots of regular shape and dimension.
D. That the site is physically suitable for the proposed density of development in that
the site is large enough to provide two lots of regular shape and dimension.
E. That the design of the lot division is not contrary to the policy of the State
legislature as stated in Chapter 1, commencing with Section 21000, of the State
Public Resources Code, or likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat design in that the
property has been completely disturbed and no native or sensitive habit exists on
the site.
F. That the design of the lot division is not likely to cause serious public health
problems in that City water service is available to the site; additionally the
existing residence is served by an approved septic system and future
development of proposed Parcel 1 will require the installation of an approved
septic system.
Resolution No. P -14 -11
Page 2
G. That the design of the lot division will not conflict with easements, acquired by the
public at large, for access through or use of, property within the proposed lot
division in that the future development of a single - family residence on proposed
Parcel 1 can be accommodated without obstructing or otherwise impacting
existing easements.
Section 2: 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.
B. 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. The relocation of the existing water service to the property so that it fronts
on Parcel 2.
2. Dedication of a 10- foot -wide trail easement must be granted along the
Eastvale Road and Markar Road frontages.
C. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements which promote a safe and healthy
environment for the residents of the City. Said fees will be required at the time of
future development of proposed Parcel 1.
Section 3: The City Council hereby approves Tentative Parcel Map 13 -002, to allow
the subdivision of a 4.69 -acre property into two lots, as shown on the Tentative Parcel
Map date stamped May 15, 2014, 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.
Resolution No. P -14 -11
Page 3
B. Approval of this request shall not waive compliance with any section of the
Zoning Ordinance or other applicable City ordinances in effect at the time of
Building Permit issuance.
C. This approval is based on the existing site conditions represented on the TPM.
If actual conditions vary from representations, the map must be changed to
reflect the actual conditions. Any substantial changes to the approved TPM, 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 (Chapter
8.08 PMC) requirements that govern construction activity and noise levels.
E. Within 30 days of this approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
F. The rock outcrops on Parcel 2 shall be protected in place.
G. The electrical overhead service from the south boundary of proposed Parcel 2 to
the location of the onsite power pole shall remain overhead and not be
undergrounded to avoid unnecessary impacts to any cultural resource features
and deposits that may be present on or in the rock crop area on the
southeasterly side of proposed Parcel 2.
H. Prior to Parcel Map approval, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. Granting of the waiver to underground the existing electrical service
will require the property owner to sign and record a deed covenant not
to oppose and contribute to the future undergrounding of existing
overhead utilities prior to permit issuance.
2. The leach field for the existing residence shall be taken out of service.
A new /replacement septic system and leach field shall be installed
to serve the existing residence. The system shall be located completely
within the proposed parcel limits.
3. The existing water service to the property shall be relocated so that it
fronts Parcel 2. Prior to start of any work within the City right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division of
the Development Services Department. All appropriate fees shall be paid
prior to permit issuance.
4. The proposed driveway serving the existing structure shall be paved in
accordance with Fire Department requirements. The area of impervious
pavement shall be less than 5,000 square feet. The installation of
impervious pavements totaling 5,000 square feet or more would require
additional permits, reports and storm water management improvements.
Resolution No. P -14 -11
Page 4
(Planning)
5. A 10- foot -wide trail shall be dedicated along the Eastvale Road and
Markar Road frontages to the satisfaction of the Directors of the Public
Works Department and the Development Services Department.
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.
2. Submit a precise grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City project engineer. Submittal shall be made to the
Engineering Division for review and approval. The grading design shall be
100% complete at the time of submittal, ready for approval and issuance
of permit. Incomplete submittals will not be accepted. All technical studies
as required by Chapter 16 PMC shall be submitted.
3. A drainage study addressing the impacts of the 100 -year storm event
prepared by a registered Civil Engineer is to be submitted and approved.
The study shall evaluate existing and proposed hydrologic and hydraulic
conditions to the satisfaction of the City project engineer.
4. The project shall comply with all requirements of the SUSMP Chapter of
the Poway Municipal Code, as applicable.
5. 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.
6. 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.
7. 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.
Resolution No. P -14 -11
Page 5
(Planning)
8. A qualified archeologist shall be present at the subject site (proposed
Parcel 1 or Parcel 2) to monitor any ground disturbing activities, including,
but not limited to, proposed grading or excavation for driveway, building
pad, accessory structures utility trenching or construction of stormwater
improvements. The purpose of the monitoring is to ensure that if buried
cultural materials are present, they will be handled in a timely and proper
manner.
9. Prior to issuance of a Grading Permit, the applicant shall provide written
verification that a certified archeologist has been retained to implement the
monitoring program. This verification shall be presented in a letter from the
project archeologist to the City of Poway — Planning Division.
10. The certified archeologist shall attend the pre- construction meeting with
the contractors to explain and coordinate the requirements of the
monitoring program.
11. During the original cutting of previously disturbed deposits, the
archeological monitor(s) shall be onsite as determined by the consulting
archeologist to perform periodic inspections of the excavations. The
frequency of inspections will depend upon the rate of excavation, the
materials excavated, and the abundance of artifacts and features. Isolates
and clearly non - significant deposits will be minimally documented in the
field so the monitored grading can proceed.
12. In the event that previously unidentified cultural resources are discovered,
the archeologist shall have the authority to divert or temporarily halt
ground disturbance operations in the area of discovery to allow for the
evaluation of potentially significant cultural resources. The archeologist
shall contact the City of Poway at the time of discovery. The archeologist,
in consultation with the City of Poway, shall determine the significance of
the discovered resources. The City of Poway must concur with the
evaluation before construction activities will be allowed to resume in the
affected area. For significant cultural resources, a Research Design and
Data Recovery Program to mitigate impacts shall be prepared by the
consulting archeologist and approved by the City of Poway before being
carried out using professional archeological methods. If any human bones
are discovered, the county coroner and the City of Poway shall be
contacted. In the event that the remains are determined to be of Native
American origin, the Most Likely Descendant, as identified by the Native
American Heritage Commission shall be contacted in order to determine
proper treatment and disposition of the remains.
Before construction activities are allowed to resume in the affected area,
the artifacts shall be recovered and features recorded using professional
archeological methods for an adequate artifact sample for analysis.
Resolution No. P -14 -11
Page 6
All cultural material collected during the grading monitoring program shall
be processed and curated according to the current professional repository
standards. The collections and associated records shall be transferred,
including title, to an appropriate curation facility, to be accompanied by
payment of the fees necessary for permanent curation.
A report documenting the field and analysis results, and interpreting the
artifact and research data within the research context shall be completed
and submitted to the satisfaction of the City of Poway prior to the issuance
of any Building Permits. The report shall include the required archeological
forms.
13. Proposed project activities (including, but not limited to, staging and
disturbances to native and non - native vegetation, structures, and
substrates) should occur outside of the avian breeding season, which
generally runs from January 1 to September 1, to avoid take of birds or
their eggs. If avoidance of the avian breeding season is not feasible, pre -
construction surveys shall be conducted by a qualified biologist
(experienced in conducting breeding bird surveys) to determine the
presence or absence of protected native birds occurring in suitable
nesting habitat that is to be disturbed and any other such habitat within
300 feet of the disturbance area, and within 500 feet for raptors.
Reductions in the recommended nest buffer distance may be appropriate
depending on the avian species involved, ambient levels of human activity
and /or existing urban development, screening vegetation, or possibly
other factors. If an active nest is determined to be present, the project
biologist shall work with the City to develop avoidance and mitigation
measures, which shall remain until all young have fledged.
Project personnel, including all contractors working onsite, shall be
instructed on the sensitivity of the area.
14. Project grading and the construction of required stormwater improvements
could result in an area of more than 1,000 square feet being disturbed.
The project, therefore, is required to submit landscape and irrigation plans
to the Planning Division for review and approval. The plans shall address
revegetation of areas graded or disturbed by required stormwater
improvements. A plan check review fee is required at the time of initial
submittal of the landscape plans. The plans shall be prepared pursuant
to the City of Poway Landscape and Irrigation Design Manual and
Chapter 17.41 PMC.
J. Prior to Building Permit issuance for any future development the applicant is
required to comply with the following:
Resolution No. P -14 -11
Page 7
(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 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 of
the Development Services Department. All appropriate fees shall be paid
prior to permit issuance.
5. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. The following is an estimate list of the currently
estimated fees due for Parcel 1:
Water (1" Meter)
$5,448
Traffic
$2,304
Park
$4,562
Fire Apparatus
$122.03
Drainage
$1,570
There is also a required fee to the San Diego County Water Authority in
the amount of $7,490 for a 1" meter.
6. A Minor Development Review Application shall be approved prior to future
construction of a residence on proposed Parcel 1.
7. Applicable school fees in effect at the time of Building Permit issuance
shall be paid.
Resolution No. P -14 -11
Page 8
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.
K. 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 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. Record drawings, signed by the engineer of work, shall be submitted to
Development Services 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.
At least three weeks prior to a request for occupancy is recommended.
L. The following requirements shall be completed to the satisfaction of the Director
of Safety Services:
1. This project is located within the Very High Fire Hazard Area of the City
and is new construction; therefore, California Building Code Chapter 7A
and Chapter 15.05 PMC will apply.
2. All new construction shall conform to current, applicable requirements
including California Fire Code, California Building Code, California
Residential Code, and Poway Municipal Code.
3. Fire apparatus access roads shall have an unobstructed, improved width
of not less than 20 feet, except single - family residential driveways serving
Resolution No. P -14 -11
Page 9
no more than two improved parcels containing dwelling units shall have a
minimum of 16 feet of unobstructed improved width. Access roadways
shall have an all- weather, paved driving surface; a roadway interior turning
radius of not less than 28 -feet; an outside turning radius of not less than
45 feet; and be capable of'supporting the imposed loads (75,000 lbs.) of
fire apparatus, with a minimum of 13 -feet, 6- inches of vertical clearance.
4. The Fire Chief, pursuant to the PMC, shall approve the road surface type.
Access road grades cannot exceed 20 %. The angle of departure and the
angle of approach of a fire access roadway shall not exceed seven
degrees (12 %). Dead -end access roadways in excess of 150 -feet long
shall be provided with approved provisions for turning around of Fire
Department apparatus.
Section 4: The approval of TPM 13 -002 shall expire on November 18, 2016, 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 5: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 18th day of November, 2014.
Don Higginson, Mayor
ATTEST:
Sheila . Cobian, MC, City Clerk
Resolution No. P -14 -11
Page 10
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -14 -11 was duly adopted by
the City Council at a meeting of said City Council held on the 18th day of November
2014, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
'��h "- &' 4), &Adv---
Sheila k. Cobian, CIVIC, City Clerk
City of Poway