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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 ~! ~211 -2- 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. Ce 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: bo 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. 4211 -3- Co de ee he 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. T~I 4211 -4- 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. 4211 Ce dj eo fo (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. TI, I 4211 -6- go ho 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) o 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: be 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. Co (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. 4211 -7- CJ de ee go (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. T.M. 4211 -8- 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: ao All domestic water supplied for this subdivision shall come from the City of Poway Department of Public Works. bo 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. do 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. 4211 -9- 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