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Res P-03-32RESOLUTION NO. P-03-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE TRACT MAP 02-03 ASSESSOR'S PARCEL NUMBER 314-192-65 WHEREAS, a request for a Tentative Tract Map 02-03 to subdivide a 4.13- acre property into 12 residential lots was submitted by Bob Lamagno; and WHEREAS, the subject property is located at 13709 Twin Peaks Road within the Residential Single-Family 4 zone; and WHEREAS, on June 17, 2003, the City Council held a public hearing on the al: ' :1 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, the City Council does hereby follows: Section 1: The City Council has considered the E Initial Study (ELS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for Tentative Tract Map 02-03. The subject ElS and MND documentation are fully incorporated herein by this The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the l, that the mitigation contained in the ElS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: The findings, in accordance with the State Subdivision Map Act (G I Code Section 66410 et. seq.) for Tentative Tract Map 02-03, are made as follows: The Tentative Tract Map is consistent with the General Plan in that it proposes to create twelve residential parcels at densities consistent with the General Plan. The design and improvements required of the Tentative Tract Map are consistent with the General Plan; in that the approved lot sizes and configurations adhere to the development standards for the Residential Single-Family 4 zone. Resolution No. P-03-32 Page 2 The site is physically suitable for the type of development and the density proposed; in that the site is large enough to provide 12 lots, each relatively regular in shape and with d' which are in keeping with General Plan and Zoning Ord' 'lards. The design of the Tentative Tract Map is not likely to cause substantial Iai damage and avoidable injury to humans and wildlife or their habitat in that while the project site is currently developed and no native habitat the property. The Tentative Tract Map is not likely to cause serious public health problems as City water and sewer service is available to the property to development. The design of the Tentative Tract 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 proposed subdivision. Section 3: The findings in accordance with G the public imp made as follows: : Code Section 66020 for 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 imp is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. Public access roadway improvements will be 'l to offset the project traffic impacts. Onsite drainage improvements will be surface water runoff. :1 to handle the Fire hydrants will be constructed to serve the development and provide fire protection. Water and sewer fees will be paid. Onsite and offsite imp will be made to provid 'l to the development. 5. Access to the site will be provided in accordance with City standards _ and I 'leq ,;lency access. Resolution No. P-03-32 Page 3 Section 4: The City Council hereby approves Tentative Tract Map 02-03, to allow the subdivision of 4.13 acres of land located at 13709 Twin Peaks Road within the Residential Single-Family 4 zone into 12 residential lots as shown on the Tentative Tract Map dated May 2, 2003, subject to the following conditions: This approval is not inclusive of the design of the proposed single-family homes. Separate approval of the home design and footprints shall be applied for through the Development Review/Minor Development Review process prior t : Building Permits. Approval of this request shall not waive compliance with any : the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. This approval is based on the existing site conditions represented on the approved Tentative Tract Map. If actual conditions vary from representations, the approved map must be changed to reflect the actual conditions. Any substantial changes to the approved Tentative Tract Map, prior to Final Map approval, must be approved by the Director of Development S ;I may require approval of the City Council. The developer is required to comply with the Poway Noise Ordinance req that ~ :y and noise levels. Within 30 days of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood. Within thirty (30) days after Tentative Map approval, the applicant shall apply for a Letter of Availability (LOA) to reserve sewerage availability, and post with the City a :lable reservation fee equal to twenty percent (20%) of the appropriate fee in effect at the time the LOA is issued. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with. The Final Map, together with the supporting data and d "Iion, shall be submitted to the Engineering Division for review and approval, along with the appropriate map checking fee. The Final Map shall be prepared in Ih City standards and procedures, City subdivision ordinance, Subdivision Map Act, Land Surveyors Act, and the Resolution of Approval as approved by the City Council and shall be in substantial with the approved Tentative Tract Map. Resolution No. P-03-32 Page 4 E and/or right-of-way dedications to the City within the limits of the subdivision shall be recorded prior to the Final Map approval. Off-site easements to be dedicated by separated instrument shall be recorded prior to Final Map approval. The applicant shall pay all applicable engineering, plan checking, map checking, permit, and inspection fees. Water mains and their appurtenances to be installed at locations other than within public streets shall have an easement, a minimum of 20 feet wide for each line, dedicated to the City. The applicant shall apply to the City for a water system analysis to establish the adequacy, size, and location of the public water system. The fee for the water system analysis shall be determined by the costs of the analysis. A photo-mylar copy of the recorded Final Map shall be provided to the City within 30 days from recordation or prior to issuance of a grading permit, which first. Concurrent with submittal of the Final Map, improvement plans for the streets and water lines shall be prepared on standard sheets of mylar by a registered civil engineer and submitted for review and approval to the Engineering Section of Development Services. Plan check, map check, and inspection fees shall be paid by the develol; i with their submittal. "A" Street of the subdivision shall be designed in accordance with Poway Municipal Code, Section 12.20.080, standards for urban streets. Improvements shall include the following: Curb, gutter, sidewalk, pavement, storm drains, and street lights. Water and fire protection system plans in accordance with the requirements of the City and the water system analysis. c. Sewer lines. Improvement of the access easement located behind lots 8 thru 12 of the Tentative Map with a structural section of decomposed g :her City approved base material. 10. 11. 12. 13. Resolution No. P-03-32 Page 5 The lighting system shall conform to City of Poway standards. Cut-off I shall be installed at the end of cul-de-sacs to provide true 90 degree cutoff and prevent F ;light above the horizontal from the lowest point of the lamp or light emitting refractor or device. All fixtures shall use a clear, Iow p ~ium vapor light source. Dead-end fire apparatus access roadways in excess of 150 feet in length shall include approved provisions for the turning around of emergency apparatus. The minimum unobstructed diameter for the proposed cul-de-sac is Curves and topographical conditions could alter the requirements for turnarounds and the width of ,Cs. Existing public utility lines and appurtenances shall be shown on the improvement plans. Location of future utility boxes, cabinets or structures shall also be shown fully d' :~ and are subject to review through an MDRA, processed through Development Services, Planning Division. The recreational trail required over this subdivision shall be improved in accordance with the requirements of the City Public Works Department. A standard agreement shall be executed, and appropriate securities shall be posted, for construction of all street improvements, water and sewer lines, drainage, grading, and lot · lion. Annexation to the lighting district, and evidence of annexation for the proposed street lighting system shall be accomplished. Advance energy charges and district engineering charges shall be paid by the developer. The applicant shall post payment of the street light energizing fee of $350.00 per street light. The number of street lights shall be determined with the approval of improvement plans for the ! public imp quired for this subdivision. The developer shall provide proof of quit claim deeds or by judgement that the 30-foot road and easement along the easterly property line and along the westerly property line of the subject lot have been vacated in accordance with law. The developer shall improve (with an all-weather surface, i.e., decomposed granite) and grant a read easement over the southerly 20 feet of Lot 8 from the southeasterly end of the cul-de-sac to the Resolution No. P-03-32 Page 6 existing 30-foot road easement along the eastedy property line. Adequate radius area shall also be provided to allow for vehicle · .~ from the 20-foot road way to the 30-foot road way. 14. The developer shall improve (with an all-weather surface; i.e., decomposed granite) and grant ingress/egress rights over the 30- foot existing road easement along the easterly property line to the owners of the properties known as follows: APN 314-690-09--Frank, APN 314-690-10--Berwager, APN 314-690-11--Ornellas, APN 314- 690-12--Valdez, APN 314-690-13--Keith, APN 314-690-14--Crowley, APN 314-690-15--Henderson. The developer shall also grant ingress/egress rights to the listed properties over the required 20- foot road easement referenced in Condition G. 13. above. 15. A '' two hydrants will be required for this project. 16. The property shall be annexed into Landscape IV District 83-1 to the sa1' : the Director of Public Works. Prior to Grading Permit issuance or Improvement Plan approval, unless other timing is indicated, the following conditions shall be complied with: A grading plan is required for development of the lots, and shall be prepared on mylar at a scale of 1"=20', and submitted to the Development Services Department - Engineering Division for review and approval. As a ' ' the grading plan shall show the following: All new slopes with a 2:1 (horizontal to vertical) slope. 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 5 feet from tops and toes of slopes, unless waived by the Director of Development Services prior ~ I a Grading Permit. Driveways, in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. A separate erosion control plan for prevention of sediment run-off during construction. A certificate signed by a registered civil engineer that the grading plan has preserved a minimum of 100 square feet of Resolution No. P-03-32 Page 7 solar access for each dwelling unit and for each future building site within the subdivision. 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. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. All proposed utility facilities more than 36" inches in height and located within or immediately adjacent to the public right-of-way are required to be sited to minimize visibility and screened through the installation of landscaping. 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. Pad elevations shown on the grading plan shall not change by more than 2 feet from the elevations shown on the approved Tentative Tract Map, unless otherwise approved by the City Council. 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. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the subdivision and all surface water flowing onto the subdivision from adjacent lands. Said system shall include all easements required to properly handle the drainage. Concentrated flows across driveways are not permitted. Development of the individual lots will require compliance with Regional Water Quality Control Board (RWQCB) regulations and submission of proof from the RWQCB of compliance prior to any work on the site. In addition, development will be required to comply with adopted City of Poway standards governing the handling of storm water runoff in effect at the time of permit issuance. = = Resolution No. P-03-32 Page 8 The grading plans shall demonstrate the subdivision complies with the City's Standard Urban Stormwater Mitigation Plan (SUSMP) ordinance. If the SUSMP improvements are to be located at the southerly end of Lot 8, the design shall be such that it allows for a minimum 20-foot wide vehicle access and it can Jate the weight of heavy vehicles (i.e., dump trucks, recreational vehicles, etc.). Prior to issuance of a grading permit, the applicant shall file with the State Regional Water Quality Control Board a Notice of Intent for coverage under the statewide General Permit that discharges. Proof of filing the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department - Engineering Division prior to issuance of a grading or building permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the of runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control, a material storage site, to protect construction material from being exposed to storm runoff, protection of all storm drain inlets, onsite concrete truck wash and waste control, and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The applicant shall certify the SWPPP prior to approval of the grading and improvement plans. The SWPPP may be incorporated with the erosion control plan, but shall be under separate cover from the grading and improvement plans. The applicant shall pay all applicable engineering, plan checking, map checking, permit, and inspection fees. Grading securities in the form of a performance bond and cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval. ^ minimum $2,000 cash security deposit is required per lot. Resolution No. P-03-32 Page 9 Prior to the onset of grading activity, the developer shall obtain a building permit/demolition permit from the Building Division to raze the existing building on the property. 10. Grading of the project shall be in substantial conformance with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Management and Discharge Control Ordinance, and Drainage and War Ordinance. 11. Erosion control, including but not limited to desiltation basins, shall be installed and :1 from October 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to insure proper maintenance of all erosion control devices. 12. A Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held easements. 13. Submittal of a request for, and then subsequently hold a pre- construction meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as but not limited to, contractors, subcontractors, project civil engineer, project soils engineer and archaeologist must attend the p meeting. 14. The project shall comply with the standards of the Poway Grading Ordinance, NPDES and SUSMP (Standard Urban Storm Water Mitigation Plan) which include the following: a= After clearing, grading or earth moving the project area shall be wet down sufficiently enough to prevent dust pick up by the wind. b. Street sweeping shall be implemented as required. 15. During grading activity a qualified aroheological monitor shall be on- site to observe whether any significant cultural are present. Prior to building permit issuance the applicant shall comply with the following: - Resolution No. P-03-32 Page 10 = The Final Map for Tentative Tract Map No. 02-03 shall be approved and recorded. Imp for Tentative Tract Map No. 02-03 shall be completed to the sat ~ Ithe City Engineer. Street structural sections shall be submitted to and approved by the Director of Development Services, prior to their construction. All streets within the subdivision shall be paved with the approved full section of asphalt concrete to provide access for emergency vehicles. A final lift of asphalt concrete, with a minimum thickness of 1-1/2", shall be installed when construction activity is substantially completed to the sal ~ the City. The subdivision 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 p 3table to the City. The applicant shall attend a p meeting, at which time they shall present an Action Plan that identifies to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for erosion control can be provided using ~ 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 fiat areas with an approved mulch. Install an earthen or gravel bag berm that retains 3 inches of water over all at areas prior to discharge, effectively creating a desiltation basin from the pads. Development Review or Minor Development Review shall be completed for each new house design, including but not limited to, site plans, building elevations, incorporating all conditions of approval through the Planning Division. If Minor Development Review applications are processed, each minor development review application for the lots on the eastern side of Street "A" as shown on the Tentative Tract Map (Lots 8, 9, 10, 11 and 12), shall include a 500-foot radius mailed public notice of the application prior to approval by the Director. - Resolution No. P-03-32 Page 11 10. 11. 12. 13. 14. 15. Erosion control, including but not limited to desiltation basins, shall be installed and -1 by the developer throughout construction of the project. The developer shall maintain all erosion control devices throughout their intended life. The developer is advised that Pursuant to Section 17.26.100 of the Poway Municipal Code, single-family residential development shall provide that fifteen percent of the units created shall be affordable to households. The developer of for-sale housing may, in lieu of providing required 'y housing ~'-site, pay a fee to the city in accordance with the provisions of the referenced section. Prior to start of any work within City-held easements 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. Rough grading of the lots is to be completed and meet the approval of the City inspector and shall include submittal of the following: A certification of line and grade for each lot, prepared by the engineer of work. A final soil compaction report for each lot for review and approval by the City. Non-supervised ;lineered fill is noi allowed. Rock disposal areas shall be graded in compliance with City approved soils :lations and the approved grading plans. Prior to rock blasting, a pre-blast survey of the surrounding properties shall be conducted to the satisfaction of the Director of Development Services, and a blasting permit shall be obtained from the Engineering Division. Seismic recordings shall be taken for all blasting. Blasting shall occur only at locations and levels approved by the Director of Development Services. All proposed utilities within the project shall be installed underground. Prior to delivery of combustible building materials, the onsite water systems for TTM 02-03 shall satisfactorily pass all required tests and be connected to the public water and sewer systems. Fire hydrants - Resolution No. P-03-32 Page 12 16. 17. 18. 19. shall be installed and activated at locations to be determined by the Fire Marshal and as shown on the improvement plans. The following development fees shall be paid for each residential site. These fees are currently in effect and are subject to change without notice: Water: Meter * **SDCWA Service Size Cost Fee Fee Line %" $130 $3,710 $2,004 $1,430 1" $270 $6,678 $3,206 $1,430 If a 1" meter is required only for fire safety/sprinklers, then %" fees for expansion and SDCWA will be applicable. To be paid by separate check, payable to San Diego County Water Authority. Sewer Connection Clean-out $2,356 $50 $25 Traffic Mitigation $660/Iot Park $2,720/Iot Drainage $1,570/Iot To mitigate exterior noise impacts to a level that is less than significant, noise barriers (consisting of walls, berms or a combination of both) ranging in height from 5 feet to 9 feet shall be installed along the entire frontage of Twin Peaks Road and the property lines of Lots 1, 2, 3, 11 and 12 as diagrammed in Figure 4 of the Exterior Noise/~ l dated, August 8, 2002, prepared by Pacific Noise Control. The noise barriers along the rear property lines of Lots 11 and 12 may be able to be eliminated upon 'Iion from a noise expert that the extension of the noise barrier along the entire Twin Peaks Road frontage alleviates the needs for the noise barriers along the rear lot lines of these lots. The required walls shall be shown on the site plan(s). To insure that the project complies with the 45 decibel CNEL interior noise standard, a noise analysis/certification is required to be prepared for the residences on Lots 1, 2, 3, 11 and 12 prior to building permit issuance. Street trees, a minimum of 15-gallon size or larger, shall be installed in accordance with the City of Poway Guide to Landscape Requirements and shall be planted at an average of 30 feet on- center spacing along all streets. Individual automatic irrigation Resolution No. P-03-32 Page 13 systems shall be provided on each lot to serve the required street trees. A minimum of two street trees for each lot shall be provided. The proposed location of the required street trees and species shall be shown on the project site plan for the development review or minor development review(s). J. Prior 1 with: certificate of occupancy the following shall be complied An adequate drainage system around each building pad capable of handling and disposing all surface water shall be provided to the sa! ~ :the Engineering Inspector. Driveways, drainage facilities, slope landscaping and protection utilities, water improvements, and all roadway improvements shall be constructed, completed, and inspected by the Engineering inspector. Driveways shall be constructed in accordance with Poway Municipal Code, section 17.08.170D, and the structural 3all be shown on the grading plans. All damaged off-site and on-site public works facilities shall be repaired and replaced prior to exoneration of securities, to the satisfaction of the Director of Development Services. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to the public and private road imp caused by const :y from this project. Record drawings for grading plans, 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. Required street trees and automatic irrigation system shall be installed to the satisfaction of the Director of Development Services prior to certificate of occupancy of the individual Lots. Section 5: The approval of Tentative Tract Map 02-03 expires on June 17, 2005, at 5:00 p.m. The Final Map ,;I to this conditionally approved Tentative Tract Map shall be filed with the City so that the City may approve the Final Map before this approval expires, unless at least 90 days prior to the expiration of the Tentative Tract 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. Resolution No. P-03-32 Page 14 Section 6: Pursuant to G l Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, ~osed p this approval shall begin on June 17, 2003. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 17th day of June 2003. ATTEST: ~,/ yor Anne Peoples, City C~rk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P'03-32 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of June 2003 and that it was so adopted by the following vote: AYES: HIGGINSON, REXFORD, CAFAGNA NOES: GOLDBY ABSTAIN: NONE ABSENT: EMERY ~_oti Anne Peoples, City'Clerk Cit~/of Poway Resolution No. P-03-32 Page 15 EXHIBIT A MITIGATION MONITORING PROGRAM FOR TENTATIVE TRACT MAP 02-03 Section 21081.6 of the Public Resoumes Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the l. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This mitigation monitoring program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project " will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. To ' Air Quality Cultural Resources Hydrology and Water ('~-~lity Mitic tion Measure a. The project shall comply with the standards of the Poway Grading Ordinance, NPDES, and SUSMP (Standard Urban Storm Water Mitigation Plan) which will include the following related to air quality: 1. After clearing, grading or earth moving the project area shall be wet down sufficiently enough to prevent dust pick up by the wind. 2. Street sweeping shall be It t~ d as rec d. a. During grading activity a qualified aroheological monitor shall be on-site to observe whether any significant cultural t a. The developer shall design a drainage system capable of handling all drainage running through or generated on the subject property, and to pay Cit drain~ , fees. a ga' ~ ext impacts to a level that is less than significant, noise barriers (consisting of walls, berms or a combination thereof) ranging in heigh' from 5-feet to 9-feet are required to be installed along the frontage of Twin Peaks Road and the property lines of Lots 1,2,3, 11 and 12 as diagrammed in Figure 4 of the Exterior Noise l dated August 8, 2003, prepared by Pacific Noise Control (copy on file in the office of the Poway Development Services Department, Planning Division). a. To insure that the project will comply with the 45 decibel CNEL interior noise standards, a noise analysis/certification is required to be prepared for the residences on Lots 1,2, 3, 11 and 12 Resolution No. P-03-32 Page 16 Timinc a. Prior to Grading Permit and During Grading Operation Res 'bilit~ a. Applicant a. During Grading Activity a. Prior to Grading Plan or Improvement Plan A I a. Prior to Certificate of Occupancy of any of the Lots. b. Prior to Building Permit Issuance a. Applicant a. Applicant a. ~ pp can' b. Applicant