Res 76RESOLUTION NO. 76
RESOLUTION OF THE POWAY CITY COUNCIL
APPROVING TENTATIVE MAP NO. 4211
February 17, 1981
City Council Date
WHEREAS, Tentative Map No. 4211 proposing the division of property
generally described as:
Portions of Lots 2 and 3, Section 35, T12S, R2W, SBBM, County of San
Diego, State of California
was filed with this Council pursuant to the Subdivision Map Act and Poway City
Subdivision Ordinance on October 30, 1980; and
WHEREAS, the subdivider proposes to file a final map of said subdivision;
and
WHEREAS, this Council has considered said tentative map and recommendations
of the Department of Planning and Land Use, the County Department of Public
Works, the Director of Park Development Division, the Director of Public Health,
Environmental Review Board and the Poway Municipal Water District with respect
thereto and has determined that the conditions hereinafter enumerated are
necessary to insure that the subdivision and the improvement thereof will
conform to all ordinances, plans, rules, standards and improvement and design
requirements of San Diego County:
NOW, THEREFORE, BE IT RESOLVED that this City Council hereby makes the following
findings:
The tentative map is consistent with all elements of the Poway General Plan
because it proposes a development consistent with the plan; and
The design and improvements of the proposed subdivision are consistent
with all elements of the Poway General Plan; and
The site is physically suitable for the proposed type of development; and
The discharge of sewerage waste from the subdivision into the City of Poway
sewer system will not result in violation of existing requirements prescribed
by the California Regional Water Quality Control Board pursuant to Division 7
(commencing with Section 13000) of the Water Code, as specified by Government
Code Section 66474.6; and
The design of the subdivision or the type of improvements will not cause
serious public health problems due to access to public sewers; and
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The design of the subdivision or the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat since mitigation measures have been
made conditions of approval; 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 66474 of the
Government Code, State of California; and
IT IS FOUND, DETERMINED AND DECLARED in accordance with the attached Conditional
Negative Declaration dated December 30, 1980 that TM 4211 would not have a
significant effect on the environment.
NOW, THEREFORE, BE IT FURTHER RESOLVED, DETERMINED AND ORDERED as follows:
A. 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:
The approval of this tentative map expires on February l7, 1983 at 5:00 p.m.
The final map or maps conforming to this conditionally approved tentative
map shall be filed with the City Council in time so that said Council may
approve the map before this approval expires unless prior to that date the
City Council subsequently grants a one-year time extension for obtaining
such approval of said final map or maps as provided by the City Subdivision
Ordinance.
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Said tentative map of the proposed subdivision is approved subject to the
following conditions which shall be complied with before a final map
thereof is approved by the City Council and filed with the County Recorder
of San Diego County:
(PLANS AND SPECIFICATIONS)
1. The subdivider shall submit plans and specifications for improvements of
all public streets, rights-of-way, drainage easements, culverts, drainage
structures and drainage channels to the County Department of Public Works
for approval. Unless specifically waived herein, such plans and
specifications shall provide for and be subject to the following condi-
tions lettered a through l:
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Street alignments and grades, including the change of any existing or
proposed street alignment and grade, as required by the Director of
the Department of Public Works.
A drainage system capable of handling and disposing of all surface
waters originating within the subdivision and all surface waters that
may flow onto the subdivision from adjacent lands. Said drainage
system shall include any easements and structures required by the
Director of the Department of Public Works to properly handle the
drainage.
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The improvement of all drainage easements by culvert or drainage
channel of any adequate size, whichever is required by the Director of
Department of Public Works. Any required drainage channel shall be
lined with a suitable material as specified by the Director of the
Department of Public Works. All such drainage easements shall be
monumented along property lines at locations approved by the Director
of the Department of Public Works. An access easement shall be
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 of
the Department of Public Works.
The installation of all, gas, electric, sewer, and water lines and any
other below surface utilities to take place before the installa-tion
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 of the Department of Public
Works.
Construct a light system conforming to San Diego County Standards at
no cost to the public subject to the following:
(1)
Cut-off luminaires shall be installed which will prove true 90
degree cutoff and prevent projection of light ab ve the
horizontal from the lowest point of the lamp or light emitting
refractor or device.
(2) All fixtures shall use a clear, high pressure sodium vapor light
source.
(3) No mercury vapor, quartz, metal halide or diffuse coated high
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 to State Highway Officials in the publica-
tion "Geometric Design for Local Roads and Streets - 1971" or as
revised.
If the improvement plans show a need to excavate in any public road
right-of-way, the developer shall place a cash deposit with the
Director of the Department of Public Works to insure that any damage
to the existing roadway is repaired in a timely manner.
Unless specifically waived herein, the San Diego County Standards
shall apply in preparing improvement plans irrespective of what is
shown on the approved tentative map.
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Construct, or agree to construct, the public improvements shown on the
improvement plans as approved by the Director of the Department of
Public Works.
The subdivider shall participate in the construction of Planned
Drainage Facilities for Zone 1, Planned Local Drainage Area 38 D, in
accordance with the Drainage Ordinance, by paying a drainage fee of
$2,460.00.
(GRADING PLANS)
2. Prior to the issuance of a grading permit the subdivider shall comply with
the following conditions lettered a through o:
The subdivider shall submit grading plans and grading permit
application and all grading permit fees and deposits to the County
Department of Public Works. Grading plans shall be approved prior to
or concurrently with the approval of the Improvement Plans.
b. Said plans shall include the following provisions:
(1)
The grading plan shall contain a certificate signed by a
registered civil engineer that the grading plan has preserved a
minimum of one hundred square feet of solar access for each
dwelling unit and for each future building site within the
subdivision.
(2)
Emergency erosion control measures to control soil movement
satisfactory to the County Department of Public Works in the
event the site is exposed to erosion during the period between
November i to April 15. Erosion control measures shall include
but not be limited to, slope protection, installation of jute
matting or approved equivalent, desilting basins, energy
dissipators, silt control sand bagging and storm drains.
(3)
All building pads to be diked and the dikes maintained to prevent
water from flowing from the pad until the streets and driveways
are paved and water can flow from the pads without causing
erosion, or construct drainage facilities to the satisfaction of
the County Department of Public Works that will allow water to
drain from the pad without causing erosion.
(4) Tops of all slopes to be diked or trenched to prevent water from
flowing over the crests of slopes.
(5)
As soon as cuts or embankments are completed, but not later than
November 1, all cut and fill slopes shall be stabilized with a
hydromulch mixture or an equal treatment approved by the County
Department of Public Works. Between November I and April 15,
approved slope protection measures shall proceed immediately
behind the exposure of cut slopes and/or the creation of
embankment slopes.
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(6)
(7)
An irrigation system to be installed not later than May 15
following the planting of the slopes.
Sand bag check dams to be placed in a manner approved by the
County Department of Public Works in unpaved streets with
gradients in excess of 2% and on or in other graded or excavated
areas as required by the County Department of Public Works. The
location and details on the sand bags shall be shown on the
plans.
(8) Catch basins, desilting basins and storm drain system shall be
installed to the satisfaction of the County Department of Public
Works.
(9) At or near every point where concentrated flow leaves the
development, a desilting basin and an energy dissipator may be
required to be constructed to remove silt from the water and
release the water at a non-erosive velocity.
All of the work described above pertaining to erosion control,
irrigation system, slope protection, drainage systems, desilting
basins, energy dissipators and silt control shall be secured by an
Instrument of Credit or Cash Deposit in a form satisfactory to County
Counsel for an amount equal to the total cost of this work as
determined or approved by the County Department of Public Works. An
agreement in a form satisfactory to County Counsel shall accompany
pany the Instrument of Credit or Cash Deposit to authorize the County
Department of Public Works to unilaterally withdraw any part of or all
the Instrument of Credit or Cash Deposit to accomplish any of the work
agreed to if it is not accomplished to the satisfaction of the County
Department of Public Works by the date agreed to. Additionally, a
cash deposit of $5,000 shall be placed with the County Department of
Public Works with a letter from the developer authorizing the County
Department of Public Works to use this cash to take any emergency
erosion control measures on this development he deems necessary.
No grading shall be permitted within this subdivision until the
subdivider obtains sewer commitment from the Pomerado County Water
District.
The subdivider shall deposit with the County Department of Public
Works $200.00 at the time the Lot Grading Plan or Improvement plan is
submitted. The deposit will be made with whichever plan is first
submitted. Said deposit shall be used to cover the cost of site
inspection by a County Geologist to determine whether or not any
geologic hazard exists and, if such is found, to review the geologic
report prepared by the developer's Engineering Geologist. The
developer shall reimburse the County Department of Public Works for
any cost in excess of the deposit prior to recording the Final Map.
Any unused portion of the deposit will be refunded.
The applicant shall submit a copy of the Soils Investigation Report
prepared by Soil, Geology and Testing Consultants, Inc., dated
August 24, 1977 to the Director of Public Works.
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Expansive soils shall be removed and replaced and/or capped in accordance
with recommendations contained in the Soils Investigation Report prepared
by Soil, Geology and Testing Consultants, Inc., dated August 24, 1977
to the satisfaction of the Director of Public Works.
Instable slopes shall be buttressed in accordance with the recommendations
in the Soil Investigation Report prepared by Soil, Geology and Testing
Consultants, Inc., dated August 24, 1977 to the satisfaction of the
Director of Public Works.
(SANITATION)
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Obtain the commitment of the City of Poway Public Works Department to
eonnect all offices within the subdivision to its public sewer system and
to obtain the consent of said District of the plans and specifications for
the installation of a sewer system serving each office within the subdivision.
(FIRE PROTECTION)
Submit a letter from the City of Poway Public Works Department stating satis-
faction with the type and location of fire hydrants and the minimum available
water ~owlin gallons per minute together with a certification for the
C~;t~,of Pow~y Public Works Department certifying that the fire department's
minimum water flow is available to serve the site.
(FINAL MAP)
5. The final map shall show or provide for the following lettered a through
c:
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Dedicate all on-site drainage easements, including easements for
access thereto, and show monumentation for such easements, as required
by the Director of the Department of Public Works.
Relinquish access rights to Pomerado Road (SA 760) except for two
driveways. Location to be approved by the Director, Department of
Public Works.
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(OTHER)
The final map shall include the entire area shown on the tentative map
and shall not be filed as units; lot numbering and design on the final
map shall be in substantial conformance to that shown on the tentative
map.
6. The subdivider shall accomplish the following lettered a through h:
The subdivider shall grant to the appropriate agency by recorded
document all required off-site easements and all on-site water main
easements that serve fire hydrants.
b. The subdivider shall deposit with the County of San Diego, through the
County Department of Public Works, a cash deposit sufficient to:
(1)
Energize, maintain and operate the street lighting system until
tax revenues begin accruing from the subdivision for those
purposes.
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(2)
(3)
(4)
Augment the Contingency Fund of the existing District by an
amount equal to three month's operating cost of the subdivision.
Augment the Reserve Fund by one month's operating cost.
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 map, the subdivision
shall be annexed without notice or hearing, to an existing
special district to operate and maintain the system.
The subdivider shall install or agree to install a sewer system as a
subdivision improvement and dedicate to the public that portion of
such system which is within an existing or proposed public right-of-
way.
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 this condition, and he/she shall make the necessary
arrangements with each of the serving utilities, including licensed
cable television operators, or the installation of such facilities.
When the installation of cable television lines is required, the
subdivider shall either provide the Director of the Department of
Public Works with documentation from a licensed cable television
operator stating arrangements for the underground installation of
cable television lines have been made, or the subdivider shall provide
the Director of the Department of Public Works with documentation that
the Cable Television Review Commission has reported that no licensed
cable television operator is willing and able to install cable
television lines in the subdivision.
The developer shall participate in the cost of traffic signal
installation at the intersection of Pomerado Road (SA 760) at SC 1732
(SR 125). The amount of the developer's portion of the entire cost of
the signal shall n~t exceed $4,500.00.
The developer shall place a $50,045.00 deposit with the
City of Poway for the improvement of future Circulation
Element roads and bridges in the Poway Area No. 5.
The developer shall participate in the construction of planned drainage
facilities for Zone 1, Planned Local Drainage Area 38D in accordance
with the Drainage Fee Ordinance, by paying a drainage fee of $2460.
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The subdivider shall comply with Section 66436 of the Government Code
by furnishing to the County Department of Public Works 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 the 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 County's interest over areas
to be dedicated for public road purposes since submittal of the
tentative map.
The subdivider shall secure recertifications satisfactory to the
Director of Public Works of availability of adequate public services
and utilities including but not necessarily limited to: fire, water,
and sewer services to the site, said recertifications dated within 90
days prior to Poway City Council!s approving final map. The fact that
sewer service is being utilized for existing rental units shall not
be deemed adequate recertification. There shall be written verification
from the Poway City Public Works Department that sewer service is
available for condominium units.
This approval is further conditioned by the following instructions to
staff:
This subdivision has been approved for public sewer. If the sewer
commitment terminates before connection to sewer and prior to the
City Council's final map approval, the Department of Health Services
will deny application(s) for individual subsurface sewage disposal
system(s) within this subdivision, unless a Resolution Amendment
has been obtained from the City Council which approves individual
subsurface sewage disposal systems for this subdivision.
The protection of the public interest requires that the subdivider, con-
tractors, builders, lot or parcel owners, and other persons, firms, and
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:
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All domestic water supplied for this subdivision shall come from the
City of Poway Department of Public Works.
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All buildings constructed in this subdivision shall be connected to
the public sewer system of the City of Poway Department of Public Works.
Sewer and water lines shall not be laid in the same trench in any part
of this subdivision.
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Proper drainage shall be maintained throughout this subdivision so as
to prevent ponding and/or storage of ~urface water that would create
a public health hazard or nuisance.
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ON MOTION of Councilman Emery, , seconded by Councilman Oravec , this
resolution is passed and approved by the City Council of the City of Poway,
State of California, at a regular meeting held on this 17th day of February ,
1981, in the City of Poway, California, by the following vote:
AYES: Council Members Emery, Oravec, Rexrode, Shepardson, Tarzy
NOES: None
ABSENT: None
ClUe E. Rexrode, Mayor
Attest:
MarJorie/K. Wahlsten, City Clerk