Res P-00-01RESOLUTION NO. P-00-01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 99-07,
ASSESSOR'S PARCEL NUMBERS 323-090-70 AND 323-090-74
WHEREAS, E A l and Tentative Parcel Map 99-07,
hereinafter "map" was submitted by Legacy Partners, applicant, requesting approval to
subdivide into four industrial properties the real property situated in the City of Poway,
County of San Diego, State of California, described as a 23.5 acre property located at the
southeast corner of Scripps Poway Parkway and Stowe Ddve; came before City Council
for public hearing and action on January 4, 2000; and
WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
or otb described in this resolution begins on the effective date of
this resolution and any such protest must I: that complies with Section 66020;
and
WHEREAS, the Director of Development Services h :led approval of
the "map" subject to all conditions set forth in the Development Services Department
report; and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that the project will not have a significant adverse impact on
the I and hereby issues a Negative Declaration with Mitigation
Measures. Conditions reflecting mitigation requirements are signified by use of an
asterisk (*).
Fin(
The approved project is consistent with the General Plan in that the
proposed lots are being created as industrial building lots within the South
Poway Planned Community, which was created for that purpose.
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Resolution No. P- 00-01
Page 2
The site is physically suitable for the type of development proposed in that
the property is gently sloping, is located within an area of other industrial
properties, and is located at a primary int Ihin South Poway.
The site is physically suitable for the density of the development proposed,
in that the lot sizes are large and rectangular in shape with Stowe
Drive.
The design of the project is not likely to cause substantial :al
damage or avoidable injury to h :1 wildlife or their habitat in that the
property proposed for new development is completely disturbed.
The project is not likely 1 public health problems because the
City water and sewer system is provided.
The design of the tentative parcel map will not conflict with any easement
acquired by the public at large, now of record, f through or use of
the property within the proposed subdivision.
The approved project will not create adverse impacts on the
and a Negative Declaration is issued.
on:
The City Council hereby approves the project subject to the following conditions:
Within 30 days of approval, the applicant shall submit in writing that all
conditions of approval have been read and understood and a revised project
drawing shall be submitted to the Development Services Department,
Planning Division, which reflects any and all changes which have resulted
from the public hearing.
This approval shall become null and void if the final map is not recorded
within two years from the date of project approval. ^ request for time
extension must be submitted to the Department of Development Services
within 60 days of the expiration of the tentative parcel map.
The map shall I: I with the approved tentative map design on file in the
Planning Division of the Development Services Department and the conditions
contained herein.
Resolution No. P- 0 0- 01
Page 3
Prior to parcel map approval, the following conditions shall be met:
A. Payment of map checking fee.
B=
Posting and/or payment of performance, payment, and
securities.
lation
C. Execution of an agreement for th
public improvements.
D. Approval of improvement plans.
E. Approval of grading plans.
F. Dedication of offsite ~
water lines.
for street right-of-way and/or sewer and
G. Payment of drainage fee in the amount of $43,991.82
Drainage fee = $222,240 x 23.53 Acres + 118.87 Acres
where:
$222,240.00 is a f ' 31ished by Resolution
No. P 89-116
23.53 Acres is the net area of the subdivision
118.87 Acres is the net area of TM 89-08
Net area = Gross area minus (-) street right-of-way
H. Payment of park fee in the amount of $98,973.67
Park Fee = $500,000.00 is a f · :)lished by Resolution
No. P 89-116
23.53 ^cres is the net area of the subdivision
118.87 Acres is the net area of TM 89-08
Net area = Gross area minus (-) street right-of-way
Payment of subdivision's share for the traffic signal at Stowe Drive and
Scripps Poway Parkway in the amount of $30,117.24.
J=
Payment of the subdivision's pro rata share for th
Poway Parkway in the amount of $149,225.
of Scripps
Where:
$317,500 is one-half the estimated cost of Scripps Poway
Parkway frontage imp between TM 98-05 (McMillin)
and TM 97-01 (Techbilt), and 0.47 is the ratio of Legacy's
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Resolution No. P- 00- 0 !
Page 4
frontage over the frontage length between TM 98-05 and TM
97-01.
K=
Submit proof of payment of $555,699.14 plus interest to Poway
Redevelopment Agency. Reference is hereby made to that settlement
agreement entered into by and between the City of Poway, the Poway
Redevelopment Agency and Poway Partners, LLC, executed on February
26, and March 1, 1999, for the time of payment and pementage of interest
to be charged. This money represents the amount that the Poway
Redevelopment Agency has expended for portions of the offsite
improvements as specified in the Reimbursement Plan for Public
Imp recorded December 24, 1997, as Document No. 1997-
0656299.
Lo
Compliance of all applicable conditions as stated in the Resolution of
Approval.
M. Street light energizing fee of $350.00 per light standard.
The parcel map shall conform to City standards and procedures, City subdivision
ordinance, Subdivision Map Act, Land Surveyors Act, the Resolution of Approval as
approved by the City Council and shall be in substantial ~ with the
approved tentative map.
Dedication of all required easements to the City and/or on behalf of the public that
are within the subdivision, i.e., for street rights-of-way, water and sewer lines,
general utility, and abutter's rights of access shall be made on the pamel map.
Annex into the Landscape M ' District (LMD) and install and finance
: required landscape imp :hin the designated LMD area
to the sal : the Director of Public Services pdor to final map.
Confirm the ultimate pipe size for both sewer and potable water lines per the master
plan and the ultimate use to the area to the south.
The eastern extension of Gregg Street shall be removed from the South Poway
Specific Plan.
-- Resolution No. P- 0 0- 0 1
Page 5
Permit:
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10.
Prior to grading permit issuance, the following shall be met:
A. Payment of permitJs, plan checking, inspection, and geotechnical fees.
B. Approval and/or payment of grading
C. Approval of soils report.
D. Approval of grading plans.
E. Submittal of a, pollution prevention plan.
F. Submittal of a copy or a proof of filing of a Notice of Intent (NOI) application
for coverage of the National Pollutant Discharge Elimination System
(NPDES) permit.
The subdivider shall submit grading plans, permit application/s, plan checking/
inspection fees, geotechnical report, and geotechnical review fees to the
Development Services Department.
Grading of the subdivision shall be in substantial th the approved
t 3 and in accordance with the Uniform Building Code and City Grading
Ordinance.
11.
E lrol, including but not limited to desiltation basins, shall be installed and
:1 from October 15 to Apd115. An erosion control plan shall be prepared
by the project civil engineer and shall be submitted as part of the grading plan. The
developer shall make provisions to ensure Prol; : all
devices.
12.
13.
The subdivider shall submit plans for imp ! all public street rights-of-way,
public drainage, water, and sewer systems to the Development Services
Department for approval. ^ water sy ysis will be performed to establish
fire flows.
Imp ~all be constructed in accordance with City adopted standards and
specifications, the latest adopted edition of the Standard Specifications for Public
Works Construction and its corresponding San Diego supplements, the current San
Diego Regional Standard Drawings, and the South Poway Specific Plan.
Resolution No. P-00 - 0 ]_
Page 6
14.
The subdivider shall provide for a drainage system capable of handling and
disposing of all surf '~inating within the subdivision and all sud'
that may flow onto the subdivision from adjacent lands. Said drainage system shall
include any and structures required by the Director of Development
S City Engineer to propedy handle the drainage and shall be designed so
as to prevent ponding of surface water that would create a public hazard or
15.
16.
17.
18.
Offsite public improvements that benefit other properties could qualify for
reimbursement pursuant to Chapter 13.24 of the Poway Municipal Code. A
reimbursement agreement shall be approved pdorl ~imp
The subdivider shall execute an Agreement for the Construction of Public
Imp herein referred as "Agreement", to insure that all improvement
req lall be completed.
Improvements shall be completed within two years from date of approval of the
"Agreement"orpdorto building permit issuance, whict; first. Completion
time may be extended with the approval of the City Council.
The following public imp
otherwise:
~all be designed and
A=
- Concrete curb, gutter, and sidewalk shall be
constructed along the south side, where no curb, gutter, and sidewalk
presently exist. In addition, street lights shall be installed at locations
satisfactory to the City Engineer.
- Street
right-of-way shall be a minimum of 65.00 feet. Roadway width shall be a
· ' : 64.00 feet (curb to curb), with a portion of the roadway to match
the width of imp : Stowe Drive north of Scripps Poway Parkway.
The design of the improvements shall be to the satisfaction of the City
Engineer. Improvements shall include, but not limited to, street paving,
and gutter, sidewalk, street lights, striping, and
signage. Pavement structural section shall be based on a traffic index (TI)
of 9.0.
Co
Kirkhan
Street right-of-way shall b ' ' "65.00 feet. Roadway width shall
be 64.00 feet (curb to curb). Improvements shall include, but not limited to,
19.
Resolution No. P- 0 0 ~ 0 ].
Page 7
street paving, construction of concrete curb and gutter, sidewalk, street
lights, striping, and signage. Pavement structural section shall be based on
a traffic index (TI) of 9.0.
In addition, if that portion of Kirkham Way from Tech Center Drive to the
westedy boundary of this subdivision is not improved to City standards prior
to map approval, then a temporary 76.00-foot (curb to curb) cul-de-sac at the
westedy end shall b :t. Also, the temporary cul-ct :ofthe
eastedy subdivision boundary line, within the adjoining subdivision identified
as Tentative Map No. 98-09, shall be eliminated and subsequently
:1 to a 64.00-foot wide roadway with curb, gutter, and sidewalk.
Do
Kirkham ~A
- Street design only.
Eo
and draina(
- Water (potable and reclaimed) and sewer
lines shall be -1 in Stowe Drive and Kirkham Way up to Tech
Center Drive. Onsite potable water lines shall also be constructed for
installation of fire hydrant/s as required by the City Fire Marshal. In addition,
-1 water lines shall b 'J per the City's master plan.
The size and location of the water lines shall be as established by a water
system analysis prepared by an engineering firm designated and approved
by the City. The applicant/developer shall pay to the City the cost of
preparing the analysis prior to submittal of improvement plans.
Sewer lines in Kirkham Way shall be a ' ' "18" diameter pipes and
in Stowe Drive they shall be sized to the satisfaction of the City Engineer.
Sewer laterals shall be provided to all parcels in the subdivision.
Drainage pipelines and appurtenances shall be sized per City approved
hydraulics/hydrology calculations.
- Any modification as may be required by the City Engineer
resulting from th ~ the southerly extension of Stowe Drive.
All new and existing electrical/ :ion/CATV utilities within the boundaries
of the project shall be installed underground prior to installation of ;urbs,
gutters, sidewalks and surfacing of the streets. The applicant/developer is
responsible for complying with the req :this condition and shall make the
necessary arrangements with each of the serving utilities.
20.
21.
22.
23.
24.
Resolution No. P- 00- 0 ~.
Page 8
The locations and sizes of all utility boxes and vaults within street rights-of-way and
the City's general utility easement shall be shown on the improvement plans.
(Screening shall be provided.)
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
Stowe Drive and Kirkham Way, within the subdivision, shall be dedicated to the City
for public street purposes. Street rights-of-way width shall b ' ' : 65.00
feet. Dedication shall be made through the parcel map unless th ls for
street rights-of-way have already been dedicated to the City prior to map approval.
The subdivider is responsible for the dedication to the City of an easement for the
off:site street right-of-way for Kirkham Way adjacent to the subd lherly
boundary.
An additional easement for street right-of-way necessary for the construction of a
temporary Kirkham Way cul-de-sac at the westedy end of the subdivision, shall be
dedicated to the City.
A 15.00-foot wide general utility easement, contiguous with the sidelines of street
rights-of-way, shall be dedicated to the City for the installation of utility lines.
The subdivider shall obtain an encroachment permit from the City for any private
improvements placed within public street rights-of-way or City
Abutter's rights of access to and from Scripps Poway Parkway for those parcels
adjacent to it shall be waived to the City.
25.
Within 30 days afl' ' ' ..3 City Council approval of the project, the applicant
shall apply for a Letter of Availability (LOA) 1 ,~e availability for 68.3
Equivalent Dwelling Units (EDUs)* and post with the City a nonrefundable
reservation fee of $32,182.96 which represents 20% of the sewerage
fee in effect at the time the LOA is issued.
* Number of EDUs = 23.53 Net Acres x 43,560 sf/Ac, x 40% building coverage
divided by 6,000
The above number of sewer EDUs is the minimum amount to be reserved.
-- Resolution No. P- 00 - 01
Page 9
Additional sewer EDUs for building areas beyond the 40% limit shall be charged
accordingly prior to building permit issuance.
26.
The subdivider shall obtain a letter of 12 from each offsite property owner
for all required work located within their respective properties.
27.
The subdivider shall provide the northeasterly parcel (Parcel 2) with an access
easement over other parcel(s) in the subdivision for ingress and egress to Stowe
Drive. The access easement could be reserved on the parcel map or by the
execution of a covenant of easement dedication to be recorded prior to map
approval.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 4th day of January, 2000.
ATTEST:
nne Peoples, City Clerk
Michael P.
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 00 - 01 was duly adopted
by the City Council at a meeting of said City Council held on the 4th day of January, 2000,
and that it was so adopted by the following vote:
AYES: HIGGINSON, GOLDBY, EMERY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ne-Peoples, C~ty' Clerk
City of Poway