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Item 6 - Conditional Certificates of Compliance C-83-001 - Hughes, C-83-002 - Miller, C-83-003 - Kuljis, C-83-004 - Liguori-AGENDA REPORT CITY OF POWAY JN THE � TO: honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mara` DATE: November 8, 1983 SUBJECT: Conditional Certificates of Compliance k C-83-001 Hughes, C-83-002— Miller, C-83-003 Kuljis, C-83-004 Liguori BACKGROUND on October 25j, 1983, Conditional Certificates of'Complaince,,C-83-001 - Hughes, C-83-002 Miller, C-83-003 - Ruljis, and C-83-004 Liguori were to be considered by the City Council. At the request of the representative for the applicants, these items were continued for two weeks to November.8, 1.983.' The purpose of the continuances "was to give the applicants the opportunity to provide additional information which might have the effect of amending con- ditions of approval. At the time of preparation of the agenda for November 8, 1983, staff has neither been contacted by the applicant nor been able to reach the applicant's attorney to discuss the conditions of approval for the Certificates of Approval. Therefore the staff reports prepared for October 25, 1983, have been included without amendment for City Council consideration. RECOMMENDATION it is recommended that the City Council approve Conditional Certificates of Compliance C-83-001 - Hughes, C-83-002 _ Miller, C-83-003 Xuijis, and C-83-004 - Liguori subject to the conditions included with the October 25, 1983 staff reports. JLB:lf Attachments October 25, 1983 Staff Reports :I i ACTION. 4 f NOV 8 1983 ITEM 6 F 1 of 24 i&GENDA REPORT CITY OF POWAY This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to�x THF `GOU� have this report, pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: Honorable Mayor ,and Members of the City Council FROM: James L. Bowersox, City Manager �S 'P�rr INITIATED BY: Alan D. Archibald, Director of Public Services/City Engineer 111" '& DATE: October 25, 1983 SUBJECT: Conditional Certificate of Comfiance: C-83-002: Parcel 2 of TPM 14579 Omer Barbara H. Miller, et.al Located east of Old`Coach Way, between Thompson Creek and Highland Valley Road (Attachment 1) RELATED ITEMS: Conditional Certificate of Compliance: C-83-001 - Hughes C-83-003 - Kuljis C-83-004 Liguori ABSTRACT A_Notice of Violation was recorded on subject ? parcel in June, 1983. The owner .:has requested aCertfcate of Compliance be issued to .remove the Notices and to allow further development and division. A Conditional Certificate of Compliance has been prepared, which imposes major subdivision conditions for improvements which were in effect at.the time the current owner took title to the property, Staff recommends that.the City Council approve subject Conditional Certificate of Compliance and authorize its execution by the City Engineer and its recordation by the City Clerk. BACKGROUND In July of 19810 the City approved Tentative Parcel Map TPM 17089. for the division of subject parcel into four parcels. Prior to approval of the final map for this later divisions evidence was submitted which indicated the parcel had been divided in violation of the State Subdivision Map Act. City Council actions on January 17, 1983, March 29, 1983, April 26, 19830 and'June.14, 1983, resulted in the recordation of a Notice of Violation,' in accordance with Sec..6649936 of the Map Act. The Notice on the subject parcel was recorded as Document No. 83-182697, in June, 1983, and Council Resolution No.83-037 was adopted which gave the findings for the violation. ACTIONContinued to 11-8-83. 10-25-83 . F9 Seibert, Deputy City Clerk NOV8 1993 ITEM b 2 of 2 - 2'51983 oT E 4 AGENDA REPORT --October 25, 1983 Conditional Certificate of Compliance: C-83-002 (Miller) The current owner of subject parcel, Barbara H. Miller, et. al., now wishes to 'take action to remove the Notice of Violation on the parcel. To remove the violation, a Certificate of Compliance, issued pursuant to Seca 66499.35, (Attachment 2) is needed, and such a certificate has been requested by current owner (Attachment 3). To issue a'Certificate,'the Map Act requires that the City make a determina- tion as to whether the parcel complies with the Map Act and with local ordinances enacted pursuant thereto. In this case, since it already has been found that the parcel-does'not comply, the City may, instead, issue a Conditional Certificate -of Compliance, and can impose such conditions as would have been applicable at the time the current owner acquired interest in subject parcel. Since current owner acquired the parcel on or about September, 1981, the subdivision ordinances in effect upon the City's incorporation:will apply. The Notice of Violation and resolution passed by Council found subject parcel was created in violation of the Map Act due to a series of transactions intended to further divide it into more than four parcels without compliance with subdivision ordinances applicable to major subdivisions. Therefore, those conditions applicable at the time of the creation of subject parcel shall be those applicable to a major subdivision. These ordinances and conditions are found primarily in Section 81.401 through 51.403 of the County ordinances in effect at incorporation (Attachment 4). The subject parcel is located on the east side of Old Coach Way, south of: Highland Valley Road. The title report submitted by current owner shows private easement rights in Old Coach Way, which extend from Old Coach Road, northerly all the way to Highland Valley Road. This private easement varies in width, but is predominantly 60 feet. About 1,000 feet south of Highland Valley Road (Point X) the -easements are offset, so that at one point the easement is only about 16 feet wide (See detail on Attachment W Subject parcel has another access to Highland Valley Road by means of private easements, varying from 40 feet to 60 feet wide, running northerly from the east side of the parcel. Staff has recommended conditions in the Conditional Certificate of Compliance { (Attachment 5) which it feels would have been imposed had a major subdivision been Submitted for approval on the -subject parcel whenacquiredby current owner. Since the land was in a rural development area, and because of.the light traffic in the area, the improvements in accordance with the code then in effect, consist of graded roads, with D. G. surfacing. Under Sections 81.402(c)(2) and 51.402 (i) , conditions are included to provide through access to Highland Valley Road for adequate circulation and.fire'protection, and to require that the applicant obtain additional private easements at the offset point in order to provide a minimum easement width at that point of 40 feet. ,NOV 8 1933 ITEM. 6 3 of 24 OCT 2 5 1993 !TEM 8 AGENDA REPORT --October 25, 1983 Condition Certificate of Compliances _C-83-002 (Miller) Section 66499.35(b) of the Map Act provides that the conditions imposed on the Conditional Certificate need not be required until a permit or other grant of approval for development or division is requested by the owner or developer of the parcel. This means that upon issuance of the Conditional Certificate, the parcel will remain as is, without construction or payment of any fees, until such time as the owner applies for further development. At such time as the owner complies with the conditions, then, upon a finding that the conditions have been met, an instrument of Compliance would be recorded, having the effect of removing the Notice of Violation. It mast be pointed out, however,.that any future application for division of subject parcel will come under the subdivision ordinances, policies, and improvement standards in effect at time of application. RECOMMENDATION it is recommended that the City Council approve Conditional Certificate of Compliance, No. C-83-002 (Attachment 5), and authorize its execution by the City Engineer and its recordation by the City Clerk. Attachments: 1. Location_ Map Ia. Private Easement--Detail Map 2. Sec. 66499.35--Government Code 3. Owner's letter requesting certificate 4. Sec. 81.401-81.403--County Ordinance S. Conditional Certificate of Compliance z k F MV 8 W3 ITEM b y 4 of 24 OCT 2 5 1983 ITEM l HIGHLAND VALLEY ROAD SAN DIEGO It �,� �� t � : SES. �TTP�T�•� ._.l , a �� � �,...._.. _ � �' ;�♦ .. `�,. a .,�.,,� �-- •-� :FILLER- 1 � r 12' �h t9/�P 77 ff • i 'XY'S' NG ♦ALIGN ME(T,_ OF 0 ak t .•i � •.:..r � a /:/Rf J i PfI€AT:;EAS tHE .• y It. j '.": ".. r n sir n: y. \ I s .6a 000 ■ �.. .. <: , P ty� iFi.{ ���wi ♦i � . ,a y ���'iI ra '. �..��...� - \/ t • t •\"�' �� ��,V VY'7V�D .jRVAL` e y F t: S -'"'•` •oi�yw��„f! , Y• �)r vi ITEM C 83-002 (Miller) CIpwqY "w" PO WTV 4117' U toT'I'TLE PROPERTY LOCATION COC 83-002' N 1"=2000' A1'TAC�I�EIo1Z' - SCALE: • 8 B83 6 0€ 24 OCT 2 5 1883 � y GOVERNMENT CODE § 66499.3$ filed for i -coril undt-r Clip ,propisoions of rtaiidisinion fill of .sKtioll fif141M..vo'only sstu•ls cinlaliU011ss sttipnlatiKl in that ri-rtiflrstte uhwi im x1ipiieniphs. (Addi4i by_;itaitss.li)74. e. 15,.411, it. .3510. f 4, ppterative Misreh 2, 71175. Amended by itllts:.li)tlt, r. iPlti, it. 2124, $ 1t; atsitsa.1977, c. 2.44, it. I(XV). 1 13. nrctent;r 4ptr..Iilly 7, 1i177; Itatai.Iti1 , r. 97, p, f ati. urgenry. eff. algrc•lt t, li>K'l.) "' 19W Legislation. Derivation: now. & Prof.Code former Section 33 of stats.1182. c. ft. p. ---. Uro- section 11538.1. added by Stats.1973. c. ?U6. t vides: P. oat. i 2. Amendinonht maria to Section 86499.34 P.1281r references by this, act ars- inttmele4l to eliminate tlse 3lun ref Corporations a43. statut(ry authorization wht rehy a n whu divides, real prurwrt�: In violas at n sit C.J.H. Municipal Corporations 11 83. 84. the \ulwilvinlAn 11ap Art t Divisiun 2 teoin 1. in general meneins; with Section "410) r.f Titir 7 of Creation of -equitable servitude Is not the t;ovornment Code) or loctui ordinances only means available to secure restrictions onaeted pursuant thrrtetu In hlmucif or her- on land uss' necessary to protect public xielf entitled to obtain a pt!rnilt to drvt!itrp health: another method is for public aaen- suris property 1+1100++1 ruleiv on conditions cy, such as planning; commission. duly which could lsavr bae!n itnisomed upon such empowered by ordinance. to withhold Its prr,wn at the _ tints- of lice -unlawful clivi_ consent where development is attempted Pion." in violation of lawful regulation. Scrag;in>:s r.. R avatch (1976) 134 Cai.ltptr. 217, 64 C.AXA 54. 1 6649925 Certificate of compliance; conditions; effect (iii Any laernon owning reed prolsterty or a vendee of`satch person pursuant to a coutraet of stale of illicit n-nl prnta-rty Islay rriljlvmt, and a locid asitene.r shalt Pieter mint% whether aluch mall pro1wrtr ctinnl►litns with the prnrixionn of this division and of 10011 ontfanni ss rnatctwt ptirsilitnt there -to. Clain ntui ing xierh it determination thi• cite or rhe eawuity rtilall ra ism- u certificate of vYlmptiance to Ise filed for record with 'tilt ret -order of 'the- t-omtity its which tile reui property is located. The certiff- ClIte of ctlenpliaueo sihetll identify tilts real iirolwrta and !hall atitte that the division thereof coinpliea with upplialbIt. provisiona-of thin_ clivi Bolt and of local ordinumvena touucted 'pursnnnt ttwmto. The local 'aW.-Il y tnar Inilli:;e as reaxonniale few to ew`e'r the (•oast of lustaing sand n -cording lite rerrificate of compliance. (b) If is local ageney detterinititts that saurh Mal property slues not comply with the Provisions of thin divisthne tarof Loral ordinunt." enacted pureilunt thereto. It shall 1.4mee u rertlfirsite tit t-tunplisutct. car it t•cuiditionad certificate of compliance. A la•ait mune. may, an a condition to grnuthig a certificate of compliani•e, impose such tion- � ditioonse ,a n tamnld hare West nleplkulilt, to tilt- division of tilt. property at the time this applicant >avalulieii hits or hwr intterest_tlw.rein, and witleh lead been estahlleshed at shell 01111 ° isS this division or local onlissaintm euartisi Intr>suant thereto. !except that 1. where the applicant was flet- ownrr of record at tial title tat the initial violation o the prof isalonn of thin divisilau tar tit local ordlisant.w eluseted petrsuaut thereto who by n grunt of thr real proliertr craated a pant -I or pareAlst In violation of this clivi- !lino or local ordinanttm een:lrtegi Iutrduunt ttu•rvtes, ural such lsernoss is: the current oW ntr of n"rd of title or i nsrs- tit list isnn-pix whkla-were erratrei us a result of the grant lit violation of tine 411vtsainu ser !oral ordinnncem ennc ted pumitunt thereto. then the local maesterr nsay iinixest sssell conditinim in woultl The uppiirnble to a current dl- vlrsion of Use pmpertY. Gaeta Illaking Bruch a det`•rinitaution and establishing such - conditions the, city or county uhall cnlliae itrunditionail certificate of compliance to he filed for ree.-lyd with the rtworder of the rulantY In which the real pnaierty its locat- ed. ;ITCh Pertifieate shall !serve an notice- to tlw property owner or vendee who has applied for the certitleate pasranant to thus Wrtiun, a grantee tit the prolserty owner or any anlmgllent traanaferee or ni alowe of the property that the fultillment tend! Implementation of daich conditions shall in, irtlulred prior to subaeyuent Imuance ori a permit or other grant of aplsrovid for tins elopsnent of the prolserty. CotaFllttace with such condlUoaa shad not be required until such time an a permit or other ®sane of approval for tlerelollrnsent of ouch property Is Issued by the local'. agency. (e) A certificate of compliance *ball he Issued for any real property which has been approved for development pursuatat to Section 66498.44. Astsrleks o • • !,bloats deletions by ansendinent aoA►c.lcoot,-ta 347 tle2 strop t�s�ors Item: C-83-002 (Miller) Title Sec. 66499.35 Attachments 2 NOV 8 1983 ITEC! 7 of 24 ®CT 2 5 1983 HLM t$ -� 8 of 24 .._ Nov s 3 ITEM. 6 OCT 25 1963 ITEM & -''� .. RECEIVED cat f Yo Poway ' f - • P.oe Bow 785 SEP 12 1983 t CA 920. Poway.- r .. PUBLIC SERVICES,t •t ' ••�i�� Attn: �E.ngnern.`� -.... ' Via ✓ Re: Parcell 2, TPX 1457.9 Certifi Sint. tate 4 t� of Compliance S qentl1i'rpeV•, l .. r ri • •- .. r• • `. t Y Fti t tiro . ..• j ®, r Attached heretrith please find an -application package for a Certificate of Compliance for the*above referenced property. Included In above t rr the package are -q' }� a the followin items: g 1) Grant Deed dated September 14, 1981. ; Ja , 2) Updated Title Report of .sub • ect 3) Plat Ma 7 Property. P of subject --- . 4 property, . ) Check payable to the of sP wamount.' City o ay in the � " a amount of $350 (filing fee) . We are making application f or -this Certificate C• of compliance in order to remedy the violation filed' P the t by City of Poway _. �. on June 14, 1983. - (Resolution number 83-037) -�_ in addi tion to the above items, we recommend that in accordance with the State Subdivision Map Act, ._ .. the Cit a ..... • , -.f City approve this Certificate of Compliance with the Condition that .W access to the subject: property be supplied in accordance with the co.,. cable ordinances in affect at the time thepresent Property owner acquired title. Specifically, the Off-site road known asOldCoach Way should be; improved in accordance • with San Diego County Sub- division. IE .� of Land Ordinance Section 81.703, paragraph Cp subparagraph 2 with amendments through ordinance v ® #6098 which calls for 3 inches of decomposed -granite surfacing 20 feet in width on a graded width of 28 feet for less than 750 ADTe (Grades greater than 12 percent are to be oil treated.) Also please note that all existing culverts/crossings -'"-� f are sized to 100 year storm criteria. act\, Item: C83-002 (Miller) Title: Owner's Letter A ttch : 3 -� 8 of 24 .._ Nov s 3 ITEM. 6 OCT 25 1963 ITEM & 9 of 24 City of Poway Attn: Engineering Req Parcel 2, TPM 14579 Certificate of Compliance Page 2 RECEIVED SEP 1 2 1983 PUBLIC SERVICES DEPT., Ifryou have any questions or comments, please call Ms. Corinne Clark at 231-8700. Your cooperation is most appreciated. WP:bb cc: Barbara Miller .Corinne Clark W. 0. 1753 Very truly you Wayne Pasco NOV 8 1983 ITEM 6 OCT 25 1983 ITEM 8 s - to -e® - ./1.401 CHAPTER 4 MAJOR SUBDIVISIONS - REQUIREMENTS Sec. 61.401. DESIGN OF SUBDIVISION. All major subdivisions shall conform to the following requirements as to design: (a) No lot shall include land in more than a single tax code area. (b) Every lot shall contain the minimum lot area _specified ' in The Zoning Ordinance for the zone in which said lot is located at the -time the final map is submitted to the Board of supervisors for its approval; provided, however, if no lot area is established by The Zoning Ordinance, every lot shall contain a net area of no less than 6r000 square feet. (c) Every lot shall front on a dedicated street or a street offered for dedication. (d) Every lot shall be at least 50 feet wide exclusive of side yards required in the zone in which the lot is located, measured at the right of way lane, provided that no ,lot shall measure less than 60 feet wide measured at the right of way line. �.' (e) Lots whose side lines are approximately radial to the center of a cul-de-sac or the center of the intersection of, two dead end streets shall have at least 33 feet of frontage f measured at the right of way line. (f) Panhandle -shaped or flag -shaped lots shall not be permitted except where necessary because of unusual conditions of terrain. . (g) Panhandle -shaped or flag -shaped lots, if permitted, shall have minimum frontage of 30 feet On a dedicated or private street except where the panhandle or flagpole portions of two panhandle - shaped or flagpole -shaped p lots are adjacent to one another, in which case each shall have a minimum frontage of 20 feet on a dedicated or private street. (h) Through lots shall not be allowed unless vehicular 1 access rights are relinquished to one of the _abutting streets. (i) The side lines_of,all lots shall be at riaht angles or radialtothe street upon which the lots front with a maximum deviation of up to 10 degrees allowed. (j) Lot depth shall be at least 90 feet and shall be no { greater than three times the average width. t_ L (k) Whenever practicable, Subdivision of residential property abutting streets shown on the Circulation Element of the San Diego County General Plan, railroads, transmission lines and open flood control channels shall be designed so that the lots do not face on such rights of way. OCT a35-o30� Item: like 8 10 of 24 Title: count . ... , ... A t t ch . 4 NOV °19$3 n�: _ �; 81.401 10-80 (1) Whenever practicable side and rear lot lines shall be rte, located along the top of man made slopes instead of at the toe i or at intermediate locations on said 'slopes. (m) Bicycle routes shown on the San Dieg® County General Plan _shall be included in the subdivision when such routes pass through or abut the subdivision provided such routes are reasonably related to the traffic caused by the subdivisions Whenever rights- of-way for streets are required to be dedicated in subdivisions containing 200 or more logs, the subdivider` shall include bicycle routes when necessary and _feasible for the use and safety of the residents. (n' No tentative subdivision or parcel map received on or after October _1, 1979 shall be approved unless each lot within the subdivision can be tra:` by the subdivider to have unobstructed_ access to sunlight to an area of not less than 100 square feet, falling in a horizontal plane 10 feet above the grade of the buildable, area of the lot. The condition of unobstructed solar access shall be considered to be achieved when a specific area of not less than 100 square feet has an unobstructed skyview of the sun between azimuths of the sun: at 45 degrees to the east and 45 degrees to the west of true south on December 21.- The purpose of this requirement is to assure solar access to solar water heating systems as ,required by San Diego County Code Section 53.119, located on a future structure built on the lot. (1) This requirement shall notaPP Y P 1 to specific lots 4 � . whenever a subdivider can demonstrate that it is infeasible " to - comply due to i. A finding that the provisions of this section will result in reducing allowable densities under applicable planning and zoning in force at the time the' tentative map is filed ii. A finding that the provisions of this section - ;will result in reducing the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. iii. A finding that compliance cannot be accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technilogical factors. iv. A finding that it is infeasible to comply due to topographic conditions on or surrounding the land being subdivided, the configuration or orientation of the property being subdivided or existing road patterns contiguous to the subject property. v. A finding that the nature of the existing or allowed future development contiguous to the subject property precludes adequate solar access to specific lots. NOV 8 1983 ITEM 6 11 of 24 -' QCT 2.5 )983 ITEM 8_ 10-80 81.401 (2) For purposes of this section, a tentative map or tentative parcel map is "received" on the date when the applicable fees are paid and map is stamped "received" by the Department. (Amended by° Ord. No. 5023 (N.S.) Eff. 1-5-78) (Amended by Ord. No. 5589 (N.S. ) Eff. 9-20-79) (Amended by Ord. No. 5890 (N.S.') Eff. 10-30-80) Sec. 81.402. DEDICATION AND ACCESS. No final map filed pursuant to Chapter 3 of this division shall be approved unless and until the following conditions have been satisfied: (a) Urban Development Areas. Where land to be subdivided is located in the Urban Residential #3 through Urban Residential #10 designations as defined by the Land Use Element of the San Diego Count•' General Plan all major subdivisions shall conform to the following requirements: (1) Those streets providing on-site access shall be dedicated and improved with a right-of-way width of from 52' to 60' in accordance with San Diego County Standards. (2) Those streets providing off-site access shall..... be dedicated with a right -of -way -width of 40' in accord-- ance with San Diego County Standards together with the right to construct and maintain slopes and drainage facilitieswithmountable berms as required by the Director of Transportation. r (b) Suburban Development Areas Where the land to be subdivided is located in the. Urban Residential #lo Urban Residential #Z, and Estate #17 designations as defined by the Land Use Element of the San Diego County General Plan all major subdivisions shall conform to the following requirements (1) Those streets providing on-site access shall be offered for dedication to a width of from 5'2' to 60' in accordance with San Diego County Standards together with the night to construct and maintain slopes and drainage facilities. When dedication is not accepted prior to approval of the final map, a private road easement not less than 40' in width may be approved in lieu thereof and centered within the right -of. -way. Such rejected streets shall be graded and improved based on the following: No. of Graded Improvement Trips Width Width more than 750 32' 24' less than 750 281 201 less than 100 24' 16' Grading beyond the easement width may be required to provide for safe sicht distance and to control drainage as determined by the Director of Transrortation. NOV 8 1983 I S E M6 12 of 24 OCT 2 5 1983 ITEM 8 81.40 lU_8U Rejected streets shall be constructed on an approved base and designed for pedestrians, bicycles or equestrian usage ' as may be required by the conditions of the tentative or final map. For lands subdivided in the Urban Residential #1 and [Urban Residential #2 designations the improvement surface shall have paving as approved by the Director of Transportation; for lands subdivided in the Estate #17 designation the sub- divider may elect to improve roads with 6" of decomposed granite in lieu of paving. The Director of Transportation may require the subdivider to form a County Service Area or annex to an existing Service Area for the purpose of maintaining roads -built to these standards prior to the approval .of a final map. (2) Those streets providing off-site access shall be offered for dedication to a width not less than 401 n accord- ance with San Diego County Standards together with the right to construct and maintain slopes and drainage facilities. When dedication is not accepted prior to approval of the final maps a private road easement not less than 401 in width may be approved in lieu thereof. Such rejected streets shall be graded and improved pursuant to the required standards for rejected streets contained in Section 81.402(b) (1) . Grading beyond the easement width may be required to provide for safe® sight distance and to control drainage as determined by the Director of Transportation® Rejected streets shall be constructed with approved paving • equestrian .� � and base and designed for pedestrians, bicycles or q usage as may be required by the conditions of the tentative or final reap. The Director of Transportation may require the subdivider to form a County Service Area or annex to an existing Service Area for the purpose of maintained roads built to these standards prior to the approval of a final map. (c) Rural Development Areas ,. There Land to be subdivided is located in the Multiple Rural. Use.,. 18., Intensive Agriculture #19, Agriculture Preserve #20, Public/ Semi-Pub33:c #22, National Forest/State Parr #23, Impact Sensitive #24 or Extractive #25 designations as defined by the Land Use Element of the San Diego County General Plan all major subdivisions shall conform to the following requirements s (1) Those streets providing on-site access shall be offered for dedication to a width of from 52' to 601 in accord- arca with San Diego County -Standards together with the right to construct and maintain slopes and drainage facilities. When dedication is not accepted prior to approval of the final map, _ a private road easement not less than 40' in width may he approved in lieu thereof and centered within the riaht®of-way. Such rejected streets shall be graded and improved pursuant to the required standards of Section 81.402(b) (1) Grading beyond the easement width .may be required to provide safe sight distance and to control drainage as determined by the Director of Transportation. NOV 8 1933 ITEM 6 13 of 24 OCT 2 5 1983.. ITEM 10-$0> $1.40? Rejected streets shall be constructed with approved ;> decomposed granite base and designed for pedestrians, bicycles or equestrian usage as -may be required by the conditions of the tentative or final map. The Director of Transportation may 'require the subdivider to form a County Service Area or annex to an existing Service Area for the purpose of maintaining roads built to these standards prior to the approval of a final map. (2) Those streets providing off-site access shall be designed to a 40' private road easement and graded and ' improved pursuant to the required standards for rejected streets contained in Section 81.402 (b)(1)The subdivider shall obtain certification from a title company that the owner and his/her -successors have the right to use such easement for the lots to be created .prior to the approval of a final map. Grading beyond the easement width may be required to provide safe -sight distance and to control -drainage. • ;private road easements shall be constructedwith approved :`paving and base and designed for pedestrians, bicycles or equestrian, usage as may be required by the conditions of the tentative or final map: The 'Director of Transportation may .require the subdivider to form a County Service Area or annex to an existing Service Area for the purpose of maintaining roads to these standards prior to the approval of a final maps (d) there land to be subdivided is located in the Specific Planning Area designation as defined by the Land Use Element of the San Diego County General Plan, streetsproviding on-site and off-site access shall be designed and improved to those standards necessary to implement the development density design and objectives of an adopted Specific Plan as determined by the Director of Transportation. (e) Where land to be subdivided is located in any commercial or industrial designation' defined by the Land Use Element of the San Diego County General Plan streets . , providing on-site, and off -sate access shall be dedicated in accordance with San Diego County Standards. M Streets which are proposed on the boundaries of a subdivision shall have a dedicated width of not less than 40' together with a strip of land one -foot wide on its outer edge which shall be offered to the County for street purposes and over which access rights are relinquished. (g) All streets proposed to be terminated at the subdivision boudarn shall include a strip of land one foot wide across said street at its point of termination at said boundary which shall `._ be portions of the adjacent lots, offered for street purposes and over which access rights are relinquished. 81.4 02 v -� to -80 (h) Intersections of local streets or"of local streets with streets shown on the Circulation Element of the San Diego County General Plan shall be offset at least 200 feet centerline to centerline.intersections Four-wa possible, y...are to be avoided whenever (i) Where it ,is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation and fire protection for residents of`the 'subdivision, the subdivider shall cause the required easements to be dedicated or offered for dedication to the County and shall improve said easements in accordance with subsections (a) , (b) , (c) , (d) and (e) of this section. (j) Whenever any land to be subdivided is bounded by an inlet, bay, estuary, lagoon, river or by the Pacific Ocean, there shall be a street along such inlet, bay, estuary, lagoon or ocean front, or adequate public access shall be provided thereto in lieu of such street. (k) Where a drainage facility or flood control facility is necessary for the use of lot owners or for the protection of lots, adequaterights-of-way for such drainage facilities or flood control facilities shall be offered for dedication to the County or to such other public entities as the Planning Commission designates and shall be shown on the map. (1) Where it is necessary to extend a drainage facility or flood control facility beyondtheboundaries of the subdivision for adequate drainage or flood control needs, the required public rights of way shall be provided. Such right-of-way shall provide for the ultimate facility construction in accordance with the San Diego County Standards { (m) Where it is necessary to extend sewer systems beyond the boundaries of the subdivision, the subdivider shall provide } all necessary easements and right -of -way -to accommodate the k facility and structures. (n) The subdivider shall offer to dedicate land for park purposes, pay fees in lieu thereof, or do a combination of both,_ pursuant to Chapter 1 of Division 10 of Title 8 of this Code. (o) The subdivider shall offer to dedicate in accordance with San Diego County Standards the necessary right of way for bicycle routes under the following circumstances: (l) When such routes as shown on the San Diego County General Plan pass through or abut the subdivision; and (2) When a subdivider is required to dedicate rights of way for streets in subdivisions containing 200 or more lots and such route is necessary and feasible for the use and safety of the residents_.. NOV 8 1993 ITEM 6 is of 24 OCT 2 5 1983 ITEM • 10-8Q ' 81.402 (P) Any tentative map approved subject to t there be dedicated an interest in real subject he condition that property rty outside the boundaries of the subdivision shall also be subject to the condition that no grading permit shall be issued tentative map unless and until either: Pursuant to the (1) Said interests in real property have been acquired by the subdivider or the public agency concerned in a -form satisfactory to the County Engineer; or (2) The Hoard of Supervisors has agreed to acquire said interests in real property. (q) No dedication or offer of dedication shall be required for streets providing off-site access to the land to be subdivided when the Planning Commission has determined that all of the f ded conditions exist: following (1) A practical difficulty in obtaining rights over intervening land Makes dedication or an offer of dedication impossible or circumstances such as location, traffic volume or use 'make such dedication or offer of dedication unwarranted and (2) Such off-site access shall not serve more than 100 average daily trips based on existing lots, proposed lots, or potential lots under the existing General Plan. A private road easement not -less than 40' may be approved in lieu of such dedication or offer of dedication and unproved to ,arade width of 24' and surfaced width of 161 with `approved pavingand base The subdivider shall obtain certification froma title company that the owner and his/her successors have the right to use such easement for the lots to be created prior to the approval of the final map. (r) Where 'grades of streets are 12% or greater, the road surface shall have bituminous treatment as determined by the Director of Transportation. (Amended by Ord. No. 4500 (N.S.) Eff. 5-29-75) (Amended b Ord. 4992 (N.S.) Eff. 11-10-77) (Amended by Ord. No. 5140 (N.`y Eff. 5-25-78) (Amended by Ord No. 5890 (N.S.) Eff. 10-30-80) Sec. 81.402,1. REIMBURSEMENT AGP.EEMENTS. A subdivider may be required to install drainage, flood control, bridge, and/or road improvements for the benefit of the subdivision with supplemental size, capacity or number for the benefit of property not within the subdivision and dedicate such improvements to the public. In such event, the County of San Diego and/or San Die o County Flood Control District shall enter into an agreement g with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between • the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost Of such improvements. NOV 8 1983 ITEM b 16 of 24 OCT 2 5 1983 !TEM 8 i 81.402.1 10-80 The reimbursement agreements may provide for the financing of the improvements through an assessment district, private ` agreement, or any other method authorized by law, County ordinances, or the San Diego Flood Control District Act which authority is now existing, pending, or established at a future date. (Added by Ord. No. 4992 (N. S.) Eff. 11-10-77) (Repealed and reenacted by Ord. No. 5899 (N'.S..) Eff, 11®6®80) Sec. 81.403. REQUIRED IMPROVEMENTS (a) Before approving a final map the Board of Supervisors shall require and before approving a parcel map of a major subdivision, the Director of Transportation shall requires (1) That the subdivider grade and improve or, agree to grade and improve all land dedicated or to be dedicated for streets or easements, bicycle routes, and all private streets and private easements laid out on a final map or parcel map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision and.local neighborhood traffic pursuant to section 81.402 and drainage needs in accordance with the San Diego County Standards. .(2) That the subdivider install or agree to install all drainage and flood control facilities, both on=site and offsite required by the Director of Transportation, which drainage and flood control facilities shall conform to the San DiegoCounty Standards. When, in the opinion of -the Board 5 of Supervisors, it is determined that construction of said Off-site facilities to the ultimate San Diego County Standards is unreasonable, construction of stated off-site facilities may be permitted when in the opinion of said Board, there is a substantial public benefit, and as set forth.herein (i) Drainage and flood control facilities required pursuant to this ordinance whichareoutside the boundaries of the subdivision, may be constructed an stages in accordance with the San Diego County Standards and shall provide for no increase in existing or potential flood hazards to downstream properties. Staged facilities -shall provide for increases in flood flows attributable to a proposed _ development, and the cumulative effect of future developments in the watershed pursuant to current Board of Supervisors /Directors policy regarding staged construction. (ii) Design of staged facilities shall include provisions for minimum maintenance requirements including, but not limited to vehicular access, erosion and sedi- mentation control, structural low flow channels, and service roads, plus landscaping and irrigation where appropriate. NOV 5 1983 IT E int 6 17 of 24 OGT 2 5 1983 ITEM l0'-80" 81.40 3 s (3) That the subdividerrovide p proof satisfactory � to the County Health Officer that there exists an adequate potable water supply available to each lot or parcel and that the subdivider install or agree to install minimum water supply pipe size of six inches in diameter, provided that the Director of Transportation may require such other dia meter of water supply pipe as may be recommended by the water district- serving the subdivision. (4) That the subdivider install 1 or agree to install as required by the Planning Commission, fire hydrants and connections which hydrants and connections shall be of a - type approved by the chief of the local fire district, of if there is no local fire district, by- the County Fire Warden. (b) no surfgel 14 W vt'red on any private street laid out on ar. Pard�ts4* subdivision where each parcel shown on .5 by ordnance provided, h®artiss area of 20 acres or more; do ed 7-21-8 , c�a, '. rh+. s p,risio m >n shall not be construed as relieving viler of ane oaligation of (1) Grading such private streets to grades and widths required by Section 81.402 (2) Installing all drainage structures and facilities required by the Director of Transportation which shall `? conform to the San Diego County Standards; and (3) Installing water supply pipelines fire hydrants and connnections as may be required by the Planning Commission or Board of Supervisors. (c) Where the Planning Comission or Board of Supervisors determine that by reason of the size and shape of the proposed lots, the nature of the terrain to be subdivided the soil condition of the lots and the development of the area in the vicinity of the proposed subdivision, a public sewage disposal system serving the lots will be required to preserve the public t health, the Board of Supervisors shall require subdivider to install or agree to install a public sewage disposal system. or a public sewer system serving said lots as a condition precedent to the approval of any parcel map or final map. (d) All new and existing utility distribution facilities, including cable television -lines, within the boundaries of any new subdivision or within any half street abutting a new subdivision shall -be placed underground. The subdivider is responsible for complying with the requirements of Subsection (e) and he shall make the necessary arrangements with each of t the serving utilities, including licensed cable television operators for the installation of such facilities. Transformer, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground. The provisions of Subsection (e) shall not asnly to the installation and maintenance of overhead electric transmission NOV 8 1983 ITEM b 18 of 2 'OGT 2 5.1993 ITEM 8- 81.403 10-80 dines in excess of 34,500 volts and long distance and trunk facilities. The installation of cable television .communications gam° lines may be waived when in the opinion of the Planning Commission, upon consideration of a report by the Cable Television Review -Comnission.no licensed cable television operator is found to be willing and able to install cable television lines in the subdivisions . (e) The subdivider shall construct or shall cause to be constructed at his cost a street lighting system conforming to San Diego County Standards. This requirement may be waived or modified by the Board of Supervisors. (f) Where the County has adopted .a flood control element or drainage element of the General Plan, wherever possible, any improvements shall conform to such element. (Amended by Ord. No. 4931 (N.S.) Eff. 7-7-77) ' (Amended by Ord. No. 4992 (N.S.) Eff. 11-10-77) (Amended by Ord.. No. 5406 (N.S.) Eff. 3-22-791 ®pr. 3-23-79) (Amended by Ord. No. 5736 (N.S.) Eff. 5®29-80) (Amended by Ord. No. 5890 (N.S.) Eff. 10-30-80) _ (a) Every final map shall show the following monuments w ch shall be set by a licensed surveyor or engineer. (1) Boundary Bounda Monuments: The exterior bounda of the subdivision shall be monumented w th permanent tunents not smaller than two inch (2") iron pipes at leas wenty-four inches (24n) long set at each corner, at in rmediate points along the boundary not more than one tho nd feet (1,000) apart and at the beginning and end poi s of all curves; provided, if any existing record an dentified monument meeting the foregoing requirement s found at any such corner or point, such monument y be used in lieu of a new monument. (2) Lot corner mo ents: All lot corners, except when coincident with exter' boundary corner, shall be monumented with permanent cion nts of one of the following types: (i) Three -fourth inc 3/4ro) diameter iron pipe at least eighteen inches (18") 1 g. (ii) One-half inch (1/2") diameter steel rod at least welve inches (12") long. (iii.) Lead plea and w copper id --cation disks set in concrete sidewalks or curbs. Such additional monuments to mark the limiting lines of roots as the Director of Transportation may require. (4) All other monuments set or proposed to be set. NOV 8 1983 1TEI 6 OCT 2 5 1983 ITEM 19 of 2 i ) ) RECORDING REQUESTED BY: ) CITY OF POWAY ) AND WMW RECORDED MAIL TO: � CITY cLERx ) CITY OF POWAY P. o. Box 785 POWAY, CA 92064 ) } (This s ace for Recorder's use) CERTIFICATE OF COMPLIANCE (Conditional) SS 66499.35(b) government Code No. 83-002 The City Engineer of the City of Poway has determined that the parcel{s)' of real property described below will co 1' with the mp y provisions of the State Subdivision Map Act and the City of Poway Code enacted pursuant thereto upon compliance with the conditions; listed below. OWNERe Barbara HeathMiller Mabel Walters John Crnich & Patricia R. Crnich tom` PROPERTY DESCRIPTION: See Exhibit -A, attached CONDITIONS OF ISSUANCE: See Exhibit B, attached NOTE: The property description(s) attached have been provided by the r property owner(s) and neither the City of Poway nor any of its officers or employees assume responsibility for theaccuracy or completeness of said descriptions, The conditions of issuance must be fulfilled and complied with prior to the issuance of a building permit, or other grant of approval for development or further division of the above described property. DATE: FILE: C-83-002 ASSESSOR'S'.PARCEL NUMBER: 276-140-01 Alan D. Archibald, RCE 21869 City Engineer , City of Poway NOV 8 1983 ITEM 6 Item: C 83-002 (Miller) Title: Cond. Cert. �T S 20 of 24 A ttch : 5 ' Exhibit "A to Conditional Certificate of Compliance C 83-002 - Miller LEGAL :DESCRIPTION ORDER NO. 820188-S i PARCEL 1-C: That portion of the West Half of Section Sr Township 13 South` Range 2 Wes', - San Bernardino Meridian, in the County of 'San. ':Die according to Official Plat thereof, described as follows: of California, Commencing at the Northwest corner of the Northeast Quarter of the Northeast Quarter of Section 18, Township 13 South, Range 1 *West, Sara Bernardino Meridian; thence along the Westerly line of said Northeast Quarter of the Northeast Quarter South 00033137" East, -454.03 feet to a point on the arc of a 1000.00 foot radius curve, concave Southeasterly, a radial 'line of said curve bears North 64057°26" West to said point; thence Nohl the arc of said curve through a central angle of 01058'41maedistancao ng 34.52 feet; thence tangent to said curve North 27001913" East, 601.35 feet to the beginning of a tangent 200.00 foot radius curve, concave Southeaster) thence Northeasterly along the arc of said curve through a central angle Of 33019101" a distance of 116.30 feet; thence tangent to said curve North 60 20916" East, 130.20 feet to the beginning of a tangent -200000 foot radius curve, concave Southeasterly; thence Northeasterly along the are of said curve through a central angle of 26003937" a distance of 90. . to said curve North 86023953" East, 22.72 feet to the beginningfeet, Blease tangent, foot radius curve, concave Northwesterly; thence Northeasterly the �ognent the arc of said curve through a central an of 28049'32"' a distance of g 203.29 feet; thence tangent to said curve North 47034121" East, 573.52 feet to the beginning of a tangent 700.00 foot radius curve, concave Northwesterly - thence Northeasterly along the arc of said curve through a central angle of f 23050143" a distance of 291.33 ; thence tangent to said curve North 230 - feet, 43938" East 400.37 feet toy the- beginning of a tangent 300.00 foot radius curve, concave Southeasterly; thence Northeasterly along the are of said curvl through a central angle of 26005157" a distance of 136.65 feet; thence tangent to said curve North 46049135t1 East, 116.61 feet to a designated pout herein. gnated as Point "Y"; thence South 55034122" East, 1368.55 feet; thence North 02000900" ]East, 300.00 feet; thence North 48035°31W East, 901.86 feet to the TRUE POINT OF BEGINNING; thence retracing along the last three above described courses as follows; South 48035°31" West, 901°86 feet; South 02000® 00" West, 300.<00 feet and North 55034122" West, 1368.55 feet to said Point "y"; thence North 461049135" East, 220.26 feet to the beginning of a tangent 100.00 foot radius curve, concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 27052 ° 10 n a distance of 48.64 feet; thence tangent to said curve North 2105712S" East, 125.21 feet thence North 290-19,12" East, 220.27 feet to the beginning of a tangent 100.00 foot radius curve, concave Westerly; thence Northerly along the are of said curve through a central angle of 49033157" a distance of 86.51 feet; thence tangent to said curve North 20014145" West, 43.44 feet to the beginning of a tangent 150.00 foot radius curve, concave Easterly, thence Northerly along the arc of said curve through a central angle of 51014120" a - distance of 134.14 feet; thence tangent to said curve North 30059135" East, 75.10 feet, thence North 48040131" West, 206.60 feet to the beginning of a tangent 100.00 foot radius curve, concave Northeasterly thence Northwesterly along the arc of said curve through a central angle of 34028900" a distance of 60.16 feet; thence tangent to said curve North 14012°31" West, 19.38 feet to the beginning of a tangent 100.00 foot radius curve, 'concave Southwesterly; thence Northwesterly along the arc of said curve through a central anle of 46021155" a distance of 80.92 feet; thence tangent to said curve North 60034' 26" West, 76.29 feet to the beginning of a tangent 150.00 foot radius curve, r Page 1 of 2 - NOV 8 1983 ITEM 21 of 24 OCT 2 5 1983 ITEM 8 1 Y Exhibit A to Conditional Certificate of Compliance C 83-002 Miller 'LEGAL DESCRIPTION -ORDERNO. 820188-S i concave Northeasterly; thence Northwesterly along the arc of said: curve through a central angle of 50033131" a distance of 132.36 feet; thence tangent to said curve North 10000'55" West, 181.39 feet to the beginning of a tangent 300.00 foot radius curve, concave Easterly;• thence Northerly along the arc of said curve through a central angle of 23'34'28" a distance of 123.44 feet; thence tangent to said curve North 1303313311 East, 239.19 feet to the beginning of a tangent 200.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 19011* 57" a distance of 67.02 feet; thence tangent to said curve North 0503811240 West, 6.10 feet to the beginning of a tangent 200. g 00 foot radius curve, concave Easterly; thence Northerly along the arc of said curve through a central angle of 22053'59" a distance of 79.94 feet; thence tangent to said curve North 17015135" East, 193.34 feet to 'the beginning of a tangent 200.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 26055131" a distance of 93.99 feet; thence tangent to said curve North 09039'56" West, 102.54 feet to a point on the are of a non -tangent 113.00 foot radius curve, concave Southwesterly, a. radial line of said curve bears South 8000713713 East, to said point; thence North- westerly along the arc of said curve through a central angle of 91®27,151, . a distance of 180.37 feet; thence tangent to said curve North 810341520 West, 297.63 feet; thence North 40038914" West, 113.02 feet to the Northwest corner of the Southwest Quarter ,of the Northwest Quarter of said Section 8; thence along the ` boundary of the Southwest Quarter of the Northwest Quarter of ' said Section 8 as follows: North 88053145" East, 1380.61 feet to the Northeast corner of said Southwest Quarter of the Northwest Quarter; and South 00016'54" West, 1346.23 feet to. the Northwest corner of the Northeast Quarter of the Southwest Quarter of said Section 8; thence along the boundary -` of said Northeast Quarter of the Southwest Quarter as follows.: North •, 86042130" East., 1386.57 feet -to the Northeast. corner of said Northeast Quarter of the Southwest Quarter and South 001307'08" West, 1190.00 feet to a gine which bears South 88056127" East from the TRUE POINT OF BEGINNING; thence North 88056127" West,, 578.32 feet to the True Point of Beginning. An easement for road and utility purposes over, under, along and across'a strip of land 60.00 feet in width lying within the Southeast Quarter of Section 18 :and the Northeast Quarter of Section 19, all being in Town 13 South, Range 1 Wests San Bernardino Meridian, in the County of San ego, State of California, according to Official Plat thereof, the r Line of said strip being described as follows: Commencing at the center of said Section 18 thence ong the East-West center line of said Section 18, South 890451*27" East, .68 feet to a point on the are of a non -tangent 220.00 foot radius cure concave Easterly, a radial line of said curve bears North 64008153" Wes said point and being the TRUE POINT OF BEGINNING; thence Southerl ong the arc of said curve through a central angle of 46029156" a dis ee of 178.54 feet; thence tangent to said curve South 20638149" East, .73 feet; thence South 13035947" East, 229.25 feet; thence South 05013' East, 237.03' feet; thence South 01001 9070 West, 296.11 feet to the b ning of a tangent. 1100.00 foot radius curve, concave Easterly; thence therly along the are of said curve through a central angle of 090 " a distance of 186.77 feet; thence tangent to said curve South 080 4" East, 165.96 feet to the beginning of a tangent 200.00 foot radi urve concave Westerly; thence Southerly along the arc of said curve Page 2 of 2 NOV 8 1983 ITEM b 22 of 24 OCT 2 5 1983- ITEM 8 } EXHIBIT B CONDITIONAL CERTIFICATE OF'COMPLIANCE C-83-002. i 1. CONDITIONS OF ISSUANCE I. Old Coach Way, from Old Coach Road, northerly to.its intersection with � Highland Valley Road, shall be graded to a width f 4 _ 0 28 feet and shall be improved 20 feet wide with b inches of decomposed granite (DG). 4 2. Additional private road easement(s) shall be acquired by'the owner(s) in the vicinity of the Northeast corner of the Southeast Quarter of the'. Northeast Quarter of Section 7, Township 13 South, Range 1 West, San Bernardino Meridian, so as to ,provide a continuous private` road easement along Old Coach Way at least 40 feet wide. Evidence of the acquisition of such easement(s) shall be provided to the :City Engineer. I 3 Where grades of the private road easements are 12% or greater, the road surface shall have a bituminous treatment as determined by the City Engineer. 4. The DG road improvements shall be centered within' -the private road easements as much as is practical depending on topography, grade, and physical constraints. A registered engineer shall certify to the completion of the above road improvements and to their location within the private road easements. Such certification shall be accompanied i with a sketch, at not smaller than 100 scale, showing the location of the private road easements and the improvements therein. 5. Prior to the issuance of a building permit on the above described parcel, the following shall be'accomplishedn a. The owner or developer -shall provide evidence satisfactory r to the County Health officer that there exists an adequate - supply of potable water available on the property. a b. The owner or developer shall provide a fire protection system as required by the City of Poway Director of Safety Services. c. The owner or developer shall provide evidence satisfactory to the County Health officer that a subsurface sewage disposal system will function adequately on the property.' 6. All drainage culverts and facilities under or along Old Coach Way shall be designed and constructed to carry runoff from a'100 year frequency storm, without damaging adjacent or upstream existing building orpotential building sites. NOV 8 1983 IT E _. Page 1 of 2 23 of 24 OCT 25 1983 ITEM. 8 ej 24 of 24 EXHIBIT B CONDITIONS OP ISSUANCE . Temporary'. overflow sections (dip sections) across Old Coach Way shall not be permitted due to the lack of available all-weather alternate routes. 8. A registered civil engineer shall provide hydrology and hydraulic studies to the City Engineer showing the adequacy of all existing or proposed drainage culverts and facilities under or along Old Coach Way (from Old Coach Road to Highland Valley Road). All drainage culvert and facility design and construction shall be to the satis- faction of the City Engineer, and shall be shown on engineering plans to be provided to the City Engineer. Page 2 of 2 NOV 8 1983 ITEM 6 OCT 2 5 1993 ITEM 8