Res 25RESOLUTION NO. 25
January 7t 1981
O~®b~w-~O~-i98O
ANg~s~-~-19~D-
Date
RESOLUTION OF THE POWAY CITY )
COUNCIL APP~O¥~ A~,~NDING REVISING )
TENTATIVE },lAP NO. 3926 R )
RAYO DEL SOL )
* AMENDMENT No. 1
** Ab~ENDMENT No. '2
WHEREAS, Tentative Map No. 3926 proposing the division of property generally
described as:
A resubdivision of a portion of Rayo del Sol Map 7282 was filed
in the Count), of San Diego, State of California
was filed with this ~;emm~ssien Council pursuant to the Subdivision Map Act and
gan-Diege-/~e~mSy the Powa.y Subdivision Ordinance on J~y-6~-~9~9 December 17,
1980; and
WHEREAS, the subdivider proposes to file a final map of said subdivision; and
W}iEREAS, this ~emmissien Council has considered said tentative map an~ recom-
mendations of the Department of Planning and Land Use, the County Department of
~amspe~a~iem, Public Works, the Director of Park Development Division, the Director
of Public health,
Environmental Review Board and the Poway Fire Protection District with respect
~d has determined that the conditions hereinafter enmnerated are necessary to insure
that the subdivision and the improvement thereof will confo~l to all ordin~cos,
plans, ~les, standards and improvenlent and design requirements of
The City of Poway:
WHEREAS, the Plann&m§-gemmis~iem Cit7 Council has considered and approved a
Planned Development Permit (P79-14) in conjunction with this tentative map and
found that the proposed usage made it impractical to conform fully to the Design/
Dedication/Improvement standards and requirements of the geoarty Cigy Subdivision
Ordinance; and
NOW, ~IEREFORE, BE IT RESOLVED that this g®mm~ssien Council hereby makes the follow-
ing findings:
The tentative map is consistent witt~ the Poway ~e~anity General Plan because
it proposes residential development in m~ area designated residential on the Plan;
and
The design and improvements of the proposed subdivision are consistent with
the Poway ~®mm~&~y-GeneralPlan because Planned Development stm~dards are a~ered
to in an area designated for Medium Residential ~ mid Residential 1; and
* Amended 10/10/80
** Amended 01/07/81
TM 3920R -2-
The site is physically suitable for tire residential type o£ development as
no sigmificant physical restrictions exist on the site; and
The discharge of sewage waste from the subdivision into the Pomerado Comity
Water District sewer system will not result in violation of existing requirements
prescribed by California Regional Water ~ualit¥ Control Board pursuant to Division
7(commencing with Section 1SO00) of the Water Code, as specified b~z Government Code
Section 66474.6~ m~d
The design of the subdivision or the type of improvements will not cause
serious public health problems since each unit will be connected to the p~blic
sewer; and
The design of the subdivisi~ or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably boure fish
or wildlike or their habitat as the project received a significant but mitigable
EIR on May 10, 1979; and
The design of the subdivision or the type of improvements do not conflict
with easements, acquired by the public at large, for access through, or use of
property within the proposed subdivision, as defined under Section 66~74. of
the Government Code, State of California; and
IT IS FOUND, DETERMINED AND CERTIFIED that the attached Environmental Impact Report
has been completed in compliance with the California Environmental Quality Act and
the State Guidelines and that ysa~-g®mmis~is~-ti~is Council has reviewea and con-
sidered the information contained in said report dated }.:ay 10, 1979.
IT IS FO~qD, DETERMINED ~ND CERTIFIED in accordm~ce with the attached Environmental
I~pact Report that TM 39~6 would have a significant impact on the environment but
changes or alterations have been required, in or incorporated into, thc project
which mitigate or avoid the significant environmental effects thereof as identified
in the final Environmental Impact Report.
IT IS FURTHER FOUND that these findings are supported by the following substantial
evidence existing in the record:
NOW, THEREFORE, BE IT FURTIiER I~ESOLVED, DETERMINED AND ORDERED as follows:
Said tentative map is hereby approved pursuant to the City Subdivision
Ordinance and no waiver of any requirement of said Ordinance is intended
or implied except as specifically set forth in this resolution as follows:
1. Waive the requirements of Section 81.401(c) of the Subdivision Ordin-
ance which requires that every lot front on a dedicated street or
street offered for dedication.
Waive the requirements of Section 81.402(b) of the Subdivision Ordinance
which requires primary access to the subdivision be by dedicated mia
maintained County streets for Units 2, 3, and 4.
* Amended 10/10/80
** Amended 01/07/81
TI,I 3926R -3-
[~C.
The approval of this tentative map expires on geb~aa~y-a~-~g&&~ Harch 26,
½9gl 1982 at 5:00 P.M. The final map or maps conforming to this conditionally
~roved tentative map shall be filed with the 8ea~d-e~-$ape~¥ise~s City
Council in time so that said ~ea~ Council may approve the map before this
approval expires unless prior to that date the
Council subsequently grants a one-year hardship time extension for
obtaining such approval of said final map or maps as provided by tile
City Subdivision Ordinance.
Said tentative map of tile proposed subdivision is approved subject to the
following conditions which shall be complied with before a final map thereof
is approved by the ~ea~d-e~-g~pe~v~se~s- City Council and filed with the
County Recorder of San Diego County:
(PLANS AND SPECIFICATIONS)
t.
The subdivider shall submit plans and specifications for improvements of all
pt~lic streets, rights-of-way, drainage easements, culverts, drainage structures
and drainage channels to the County Department of ~am~pe~a~iem Public Eorks
for approval. Unless specifically waived herein, sudt plans and specifications
shall provide for and be subject to tile following conditions lettered a tl~rough
Re
Street alignments and grades, including the change of any existing
or proposed street alignment and grade, as required by the Director,
Department of ~a.~spe~a~em Public Works.
be
A drainage system capable of handling and disposing of all surface waters
originating within the subaivision an~ all surface waters that may flow
onto the subdivision from adjacent lmlds. Said drainage system shall
include any easements and structures required by tile birector, Department
of ~am~p®~a~®m Public Works to properly hm~dle the drainage.
Ce
The improvement of all drainage easements by culvert or drainage channel
of adequate size, whichever is required by the Director,__ Det~artment of
~amspe~a~iem Public Works. Any required drainage cham~el shall be
lined with a suitable material as specified by tile Director,_ Department
of q~am~pe~a~iem Public Works. Ail such drainage easements shall be
monun;ented along property lines at locations approved by the Director
Department of ~amspe~a~iem Public Works. ~m access easement shall be
* Amended 10/10/80
** Amended 01/07/81
Tlq 3926R -4-
de
provided to each drainage system maintenance access point not directly
accessible from a public roadway. Such access easement to be improved,
fenced and aligned to the satisfaction of the Director Department of
~amspe~a~i®n Public Works.
pe~mi~ed-im-~he-Ra~ieema~e-g~eek-~eedp~a~-a~-eee~ed-~e-ee~eiy-ea~½et
The installation (if required)of all gas, electric, sewer, and water lines
and any other below surface utilities to take place before the installation
of any concrete curbs, gutters, and sidewalks, and the surfacing of the
streets.
Portland cement concrete cross gutters to be installed where water crosses
the roadways.
The exact depth of imported base material to be based on soil tests which
have been approved by the Director Department of ~am~pe~a~ea Public
~'e ~-h ~.
A-s~ee~- a. igh~img- s ys~em- eem~e~rmi~g-~ e- Sa.- t~/e§e- geaml~y-$eamdaeets-~ e-~e
Construct a light system confom~in~ to Poway City
cost to the public subject to the following:
btandards at no
(1_] Cut-off luminaires shall be installed which will prove true 90° cutoff
he
kT j.
and prevent projection of light above the horizontal from the lowest
point of tile lamp or lisht emitting refractor or device.
(2__) All fixtures shall use a clear, high l)ressure sodium vapor Ii,at
source.
(3) ~io mercur7 vapor, quartz, metal haliae or diffuse coateh ilish
pressure sodium lamps shall be installed.
Sight distance requirements at all public street intersections to conform
to the intersectional sight distance criteria as provided by the American
Association of State Highway Officials in the publication "Geometric Design
for Local Roads and Streets - 1~71" or as revised.
If the in~rovement plans show a neeu to excavate in an~ public road
right-of-way, tile developer shall place a casil deposit with tile
Director bepartn~nt of ~spe~a~ie~ Public ~orks to insure that
any damage to the existing roadway is repaired in a timel7 manner.
Unless specifically waived herein, the Poway City Standards
shall apply in preparing improvement plans irrespective of what is
** Amended 01/G7/81
'11,1 3326R
shown on the approved tentative mat).
If the improvement plans sl~ow a need to excavate in rely public roau
right-of-way, the developer shall place a cash deposit with the Director
Department of ~amsp®~a{iea Public Works to insure that m~y damage to
the existing roadway is repaired in a timely manner.
P~epe~y-ewae~-shall-ag~ee-~e-p~ese~¥e-a~d-save-ha~½ess-~he-~ea~$y-eE-
assamed-by-~he-p~epe~¥-ewr~e~.
The-sabdiviae~-sha~-depesl~-w~h-~he-~ea~y-~epa~me~-e~-~aas~e~a~ea
a~e-s~ae~a~e-~e~-Ra~es~ake-~eek-a~-gemmaai~y-~eaa~-
The developer sl~all place a $$00,000.00 deposit with the Cashier, ~epart-
ment of Public Works to cover tile cost of his portion of a drainage structure
for Rattlesnake Creek at Co~munit~ Road. As m~ option t~e developer ma~
construct his portion (as determined b~ the Director~ Department of P~lic
Works) of said drainage structure.
Each building site shall have a flood-free site for a resiaence. The
building sites shall be safe from the flood flow peak of a 100-year
frequency storm from Rattlesnake Creek.
hydrology and hydraulic calculations for determining the storm system
design, shall be provide~ satisfactory to the Oepartment of Saa~{a~f®m
a~-F~eed-~e~e~, Public Works.
** Amended 01/07/81
TM 5926R
**%~v O.
** ¥
-6-
Construct, or agree to construct, the public improvements shown on the improve-
ment plans as approved by the Director, Department of ~anspow~a%ion Public
Works.
With Unit 5, improve or agree to improve Stwee~-UAU-Arikara Drive within
Unite 5, 6, and 7. Arikara Drive shall terminate with a standard cul-de-sac
at its southerly terminus. Existing Arikara Drive shall be terminated with
a turn-around satisfactory to the Director of Department of Public Works.
(GRADING PLANS)
Prior to the issuance of a grading permit the subdivider shall comply with
the following conditions lettered a through ~ e:
The subdivider shall submit grading plans and grading permit application
and all grading permit fees and deposits to the County Department of
· ~sas~®~tati®m Public Works. Grading plans shall be approved prior to
or concurrently with the approval of the Improvement Plans.
be
Prior to project Rradin~, the applicant shall, to the satisfaction of
the Director of ~amspe~a~iem Public Works, demonstrate than any pro-
posed grading has included the recommended grading measures as set forth
in the soils report, prepared by Willimn S. Krooskos and Associates,
dated July 8, 1979, as commented upon by Geocon, Inc., contained in the
EIR for this project, hIR.
Ce
The grading plan shall contain a certificate si~ned by a resist,red Civil
engineer that the grading plan has preserved a minimum of 100 square feet
of solar access for each dwellin~ unit and for each future buildin~ site
within the subdivision.
de
No grading shall be permitted within this subdivision u~ttil the subdivider
obtains sewer commitment from the Porn, rude County Water District.
ee
Prior to the recordation of the Final Map or a~y project grading, a
qualified archaeologist shall, to the satisfaction of the Environ-
mental Analysis Coordinator:
Micro-ma~ and recover all surface artifacts from SDi-4585 in bnit 4 and
the artifact locus in Unit 6, analyze the remains~ and submit a summary/
report to the Environmental Analysis Coordinator.
(ZONING ADSiIN I STRAT I ON)
Obtain a Planned Development Permit/Major Use Permit (P79-14WZ) by the
P~emm~g-gemmissiem-e~-~ea~d-e~-$~pe~¥ise~s City Comucil.
CFAIR ti0US ING)
e
Submit to the Department of t-'~,anspe~a~ien Public I%~orks a letter from the
Contract Compliance Office stating its approval of mt affirmative fair
housing marketing plan.
* Amended 10/10/80
** Amended 01/07/~1
TM 3926R -7-
(S~4ITATION)
Obtain the conmitment of the Pomerado County lVater District to connect all
lots within the subdivision to its public sewer system ann obtain the
consent of said District of the plans and specifications for tile installa-
tion of a sewer system serving each dwelling m~it within the subdivision.
(FIRE PROTECTION)
Submit a letter from tile Poway Fire Department stating satisfaction with ti~e
type and location of fire hydrants and the minimum
available water flow in gallons per minute to~ether with a certification
from the Poway ~iunicipal Water District or agency certifying that.the fire
de.partment's minimum water flow is available to serve the site.
(FINAL ~,~P)
~e final map shall show or provide for the following lettered a through i 1:
a. Oedicate all on-site drainage easements, including easements for access
thereto, and show monumentation for such easements, as required by tile
Director, Department of ~ammpe~$i®m-Public ;~orks.
eD
A one-foot wide strip placed at the end of all proposed streets that
"stub out" at the subdivision boundary; the one-foot wide strips to
be made a portion of the adjacent lots and designated as "reserved
for future streets" on the face of the map; access rights in and to
the proposed streets shall be granted to the g®sa~M City.
A certification regarding condominium conditions which shall conform
to wording by ~®~M-~®~m~el the City Attorney indicating that there
will be a maximum of 240 dwelling units constructed.
There shall be granted to the gaem~y City on the final maI) an open space
easement over the common areas. Said open space easement shall be approved
as to form by ge~m~y-kesaset the City Attorney and shall limit the uses
within the easement to landscaping and recreation purposes, including
buildings, structures and i~)rovements as approved by Planned Development
Permit P79-14 and subsequent permits or modifications that may be issued
under provisions of the Zoning Ordinance.
"AU-$~ee~ Arikara Drive shall be dedicated to a width of 60 feet and
include a standard cul-de-sac at its southerly terminus adjacent t0 the
southerly boundary of the tentative map..
** f.
With Unit 5, Birch Tree Lane within Units 1 and 2 shall be irrevocably
offered for dedication to a width of 40 feet plus the right to construct
and maintain slope and drainage easements.
Sycamore Tree Lane and Birch Tree Lane shall be offered for dedication to
a width of 40 feet. The Final Map shall be prepared to show the offer
rejected by the City Council.
** h. .f,- Map No. ~28~- 7282 (Rayo del Sol) shall revert to acreage prior to the
recording of Unit No. 1.
P~ie~-~e-~he-~eee~da~iem-e~-~he-Fina~-Map-e~-any-p~e~ee~_g~ad~ng~_a_
qaa~i~ied-a~ehaee~egis~-sha~-~e-~he-sa~is~ae~ien_e~_~he_~nv~enmen~a~__
Amatysis-Goo~dina~o~+-
** Amended January 7, 1981
TH 5926R -8-
.&
{[OTHER)
8.
S~eet-UAU-skai~-½e-eeRs~eue~et-ieem-e~is~iag-Aeika~a-~e/ve-~e-6em~ma
The final map may be filed as units or groups of units as shown on the
tentative map or as approved by the Director, Department of Planning
and Land Use, and lot numbering and design shall be in substantial con-
formance to that shown on approved tentative map.
Prior to recording of Unit 3 sewer, water, and storm drain easements and
improvements within Units 3 and 4 shall be realigned to be compatible with
the revised map.
Tile connection of Sycmaore Tree Lane with Conununity Road shall be designed
so that it can be easily reconstructed to match future improvements along
Community Road.
A note shall appear on the face of the Final Map indicating that ali
dwelling units have solar access as required by Section 81.401(n) of
the Subdivision Ordinance.
The subdivider shall accomplish the following lettered a through i:
The subdivider shall grant to tile appropriate agency by recorded document
all required off-site easements and all on-site water main easements
that serve fire hy0rants.
The subdivider shall deposit with the County of San Diego, through tile
County Department of ~aasp®~a~ien~ Public i~orks, i~-ea~e-e~-~ke
~emm~mi~y-ie~viees-Age~eM- cashier, a eash deposit sufficient to:
(1) Energize, maintain and operate tile street lighting system until
tax revenues begin accruing from the subdivision for those
purposes.
{2) Augment the Contingency FunO of the existing District by an
amount equal to three monti~s' operating cost of tile subdivision.
(3) Augment the Reserve Fund by one month's operating cost.
(4)
Pay the cost of annexation to an appropriate special district
including the cost of processing through the State Board of
Equalization. After recording of the final m~), the subdivision
shall be annexed without notice or hearing, to an existing
special district to operate and maintain the sTstem.
* Amended 10/10/80
** Amended 01/07/81
TM 5926R -9-
ge
The subdivider shall deposit with the County Department of ~;~anspe~eatien-
Public ¥/orks $200.00 at the time the Lot GraDing Plan or Improvement Plan
is submitted. The deposit will be made with whichever plan is first sub-
mitted. Said deposit shall be used to cover the cost of site inspection
b7 a Count7 Geologist to determine wheti~er or not an7 geologic hazard
exists and, if such is found, to review the geologic report prepared by
the developer's Engineering Geologist. The aeveloper shall reimburse
the County Department of ~a~$pem~i~ Public h'orks for any cost in
excess of the deposit prior to recording the Final ~tap. Any unused por-
tion of the deposit will be refunded.
The subdivider shall deposit fees in the amount of forty eight thousand
dollars (~48,000.00) with the City Clerk e~-~he-~ea~-e~-8~pe~vise~s,
or guarantee payment of those fees as may be required pursuant to
Sections 810.106 and 810.107, of the ge~mty- City Park Lands Dedication
Ordinance.
The subdivider shall provide the Director, Department of ~e~spe~tatiea
Public ~orks with documentation from a licensed cable television opera-
tor stating that arrangements for the underground installation of cable
television lines have been made or that a waiver of the underground
installation has been granted by the Mtsamiag-~e~missie~ City Council,
upon consideration of a repoort by the CATV Review Commission that no
licensed CATV operator is found to be willing and able to install cable
television lines in the subdivision.
~ith-eaeh-~mi~,-~he-deveiepe~-$kaii-piaee-a-essh-depesit-~.~-~e-~emma~i~y
me~-~eads-i~-the-Pewey-e~ee.--~he-ame~m~-e~-~he-deve~epe~Zs-pe~tie~.she½½
The developer shall place a $48,9b0.00 deposit iu the Department of
Public ~orks Trust Fund for the improvement of future Circulation
ment roads and bridges in the Poway Area No. 5.
The developer shall participate in the cost of traffic signal installa-
tions and modifications at the intersections of Community Road at
Cam, no del Notre (SC 1732) and Community Road at Poway Road. The amount
of the developer's portion of the entire cost of the signal shall be
$ .,sso.oo
The subdivider shall comply with Section 66456 of the Government Code
by furnishing to tn, County Department of I~amsp®,~mti®n Public h'orks
** Amended 01/07/81
TM 3926R -10-
a certification from each public utility and each public entity owning
easements within the proposed subdivision stating that: (a) they
have received from the developer a copy of the proposed final map;
(b} they object or do not object to the filing of the map without their
signature; (c) in the case of a street dedication affected by their
existing easement, they will sign a "subordination certificate" or
"joint-use certificate" on the map when required by tn, governing body.
In addition the subdivider shall furnish proof to the satisfaction of
the Director, Department of Public Works, that no new encumbrances have
been created that would subordinate the Count},'s interest over areas to
be dedicated for public road purposes since submittal of the tentative map.
Prior to the recordation of the final map, subdivider shall secure re-
certifications satisfactory to the Director of ~amsp®~a~i®a Public
Works of availability of adequate public services and utilities including
but not necessarily limited to: fire, seh®®~s~ water and sewer services
to the site, said rece~tifications dated within 90 days prior to record-
ation.
Tn, protection of the public interest requires that the subdivider, contractors,
builders, lot or parcel owners, and otiler persons, firms m~d corporations
concerned with the development of said subdivision conform to the following
standards, and all permits required by the City of Poway will be issued
pursuant to such standards:
a. All domestic water supplied for this subdivision shall come from tile
Poway biunicipal Water District.
b. All buildings constructed in this subdivision shall be connected to
tile public sewer system of the Pomerado County ~ater District.
c. Sewer and water lines shall not be laid in tile same trench in any part
of this subdivision.
Proper drainage shall be maintained throughout this subdivision so as
to prevent ponding and/or storage of surface water that would create a
public health hazard or nuisance.
~a~e~-~-p~ss~-a~-app~e¥e~-~y-~e-p~a~-~emm~ss~e~-e~-~he-~ea~-e~-gaa-~e§e~
* Amended 10/10/80
** Amended 01/07/81
TH S926 -11-
Noes+ ..... NeRo--
Absent+ ..... Geaaisslene~-Pa~gs-
PASSED, APPROVED, AND ADOPTED this 7th day of January, 1981, by the
following vote:
AYES: EMERY, ORAVEC, SHEPARDSON, TARZY, REXRODE
NOES:
ABSTAIN:
ABSENT:,
ATTE S T:
CITY CLERK
APPROVED:
MAYDR
** Amended 1/7/81