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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. o 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 = = = 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: = 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