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Res 85-099RESOLUTION NO. 85-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING A FINAL MAP WITH CONDITIONS FOR TENTATIVE PARCEL MAP 17204 DELBERT L. HUGHES WHEREAS, Tentative Parcel Map No. 17204, hereinafter "Map" sub- mitted by Hughes, applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described as a portion of the north half of Section 7 and a portion of the northeast quarter of Section 8, Township 13 south, Range 1 west, San Bernardino Meridian into four lots, regularly came before the City Council for public hearing and action on December 3, 1985; and WHEREAS, on December 19, 1984 the Court of Appeal for the Fourth Appellate District, issued its opinion in the case of Miller, et al, v. City of Poway, et al; and WHEREAS, the ruling of the Court of Appeal became final on February 19, 1985, and a remitter has been issued; and WHEREAS, the decision of the Court of Appeal required that the Superior Court issue a Writ of Mandate commanding the City of Poway to take certain actions, which include holding an evidentiary hearing regarding Tentative Parcel Map No. 17204; and WHEREAS, the City Council of the City of Poway held a noticed public hearing regarding Tentative Parcel Map No. 17204 on October 1, 1985; and WHEREAS, an agreement was settled between the City Council of the City of Poway and the applicant for Tentative Parcel Map No. 17204 at a regularl5 scheduled City Council meeting on October 29, 1985. NOW, THEREFORE, the City Council of the City of Poway does resolve as follows: Section 1: Fin~ings: The City Counci. makes the following findings in accordance with San Diego luperior Court Case No. 476749 and Court of Appeals Case no 4 CIV. 31232 with regard to Tentative Parcel Map No. 17204 aI~d the Map thereof: a. The tentative parcel is consistent with all applicable general and specific plans; be The design or improvement of the tentative parcel is con- sistent with all applicable general and specific plans; Resolution No. 85-099 Page 2 The site is physically suitable for the type of development proposed; de The site is physically suitable for the density of the development proposed; ee The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; The tentative parcel is not likely to cause serious public health problems; The design of the tentative parcel will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision; That this project will not create adverse impacts on the environment and a Negative Declaration is issued; The effect of subdivision approval on the housing needs of the San Diego region has been considered and balanced against the public service needs of Poway residents and available fiscal and environmental resources; and The design of the subdivision has provided, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Section 2: Final Map for Tentative Parcel Map 17204 is hereby approved, subject to all of the following conditions: ACCESS ROADS (Off-site) The subdivider shall furnish to the Department of Public Services recorded documentation showing that the land division is connected to a publicly maintained road by an easement for road purposes. This easement shall be 40 feet wide, and shall be for the benefit and use of the property being divided. This requirement applies to off- site access to all proposed parcels. Resolution No. 85-099 Page 3 Dip section and culverts shall be designed by a registered civil engineer to handle a 15-year storm. Dip sections shall be designed for a maximum water depth of 10" based on a 15-year storm and the formula "Depth in feet times velocity in feet per second is equal to six or less." A sketch of the dip section showing the above dimensions and the calculations shall be submitted with the deposit noted below. A registered civil engineer shall prepare and submit a sketch of the private easement road improvements to the Department of Public Services. The sketch shall show the graded width required, all drainage improvements with their approximate locations, signed calculations and a copy of a 200 scale topo map with the driange areas outlined. A deposit of $300.00, two prints of the Tentative Parcel Map and a copy of the final Planning Resolution will be forwarded to the Department of Public Services along with above sketch and any drainage calculation. The deposit is to cover the cost of a City inspection of the required private easement road improvements. The applicant shall reimburse the City for any costs in excess of the deposit prior to recording of the Parcel Map. Any unused portion of the deposit will be returned. A permit shall be obtained from the Department of Public Serivces for the improvement to be made within the public right-of-way. The connection of the private easement road to the City road will have to match the constraction of the City road. A copy of the permit and evidence for the issuing agency, that all the requirements of the permit have been met, shall be submitted to the Department of Public Works with the Engineer's or Surveyor's statement. ROAD DEDICATIONS Make an Irrevocable Offer of Dedication for the rights-of- way required to complete a 30 foot wide one-half right-of- way width on each side of the ultimate centerline plus the right to construct and maintain slopes and drainage improvements as required beyond the 30-foot limit for that portion within the land division for Old Coach Way, mini- mum centerline radius of 300 feet. Resolution No. 85-099 Page 4 C® ROAD IMPROVEMENTS (Private) The private easement roads from the land division to the nearest publicly maintained road shall be constructed within the easements. All roads shall be graded and well- drained with surfacing equal to or better than three inches (3") of decomposed granite having a minimum S.E. of 25 and having a graded width equal to 16 feet to 24 feet depending on cross slope. Roads greater than 12% in grade shall be treated with a road oil mix, 2" of cold mix or 2" of hot mix bituminous material. Grades over 25% are not allowed. Old Coach Way shall have a graded width of 16 feet to 24 feet depending on cross slope and a 10 foot shoulder for horse trial purposes is to be provided on the on-site por- tion of Old Coach Way. In the event these improvements are deferred, the sub- divider shall execute such documents as deemed necessary by the Director of Public Services indemnifying the City of Poway from liability arising from the improvement of any off-site easement. UTILITY EASEMENTS Where private easement roads are not being dedicated or where all of the proposed parcel of land division are not on a public street, the subdivider shall provide the Director of Public Services with letters from the serving utility companies stating that arrangements, ~atisfactory to the utility, have been made to serve all parcels being created. No letter will be required from the Pacific Telephone Company. OTHER REQUIREMENTS Prior to the approval of a final parcel map, the sub- divider shall provide the Department of Public Services with a copy of the deed by which the subject property was acquired. At the time of recordation of the Parcel Map, the name of the person authorizing the map and whose name appears in the SURVEYOR'S CERTIFICATE as the perosn who requested the map, shall be the name of the owner of the subject pro- perty and shall be the same party or parties as shown on the Tentative Parcel Map unless the City Council has approved the substitution of a successor in interest to such party or parties. Resolution No. 85-099 Page 5 0 A deposit shall be submitted to the City to cover costs of processing the final parcel map. Condition C-1 must be complied with prior to recordation of the final parcel map. However, this condition must be complied with prior to the issuance of a building permit or other grant of approval for development, including further division, for any parcel created by the final parcel map. The subdivider shall execute a "Covenant of Improvements" listing those conditions that have not been complied with. This Covenant shall be recorded by the City Clerk prior to the approval of the Certificate of Compliance. If a Covenant has been recorded, no building permit may be issued or no division may be approved for any parcel created by the approved final parcel map unless and until the applicant presents a copy of a Release of Improvement Requirements, recorded by the Department of Public Services stating that all the improvements listed in the Covenant of Improvements have been completed to the satis- faction of the Director of Public Services (except for fire protection requirements which may be released on a lot by lot basis). The Department of Public Services shall record a Covenant mentioned above and notify the Department of Planning Services at which time a final parcel map shall be recorded. Note: No parcel shown on the approved Tentative Parcel Map shall be sold, leased, conveyed, or transferred, and no building permit may be issued for said parcels, unless and until the final parcel map is filed in the office of the County Recorder. Additionally, as a result of the court settlement: Fee required under Resolution 99 (since rescinded by Ordinance 78) does not apply to this map, i.e. no fees are being requested in conjunction herewith. be Required road improvements may be deferred by con- venant and no security is required. --- c. No road maintenance agreement in required. Resolution No. 85-099 Page 6 Section 3: Tentative Parcel Map No. 17204, a copy of which is on file in the Planning Services office, is hereby approved subject to the following Standard Conditions: I. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPMENT Prior to the issuance of building permits for combustible construction, evidence shall be submitted to the Director of Safety Services that water supply and facilities for fire protection is available. Where additional fire protection is required by the Director of Safety Services, it shall be serviceable prior to the time of construction. For a new residential dwelling unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees (in accordance with City-adopted policy and/or ordinance), Water and Sewer Service Fees. These fees shall be paid prior to building permit issuance. B. PARKING AND VEHICULAR ACCESS No Conditions C. LANDSCAPING No Conditions D. SIGNS No Conditions E. RECREATION Dedicate 10 foot equestrian/pedestrian trails to the satisfaction of the Directors of the Departments of Community and Planning Services, as generally shown on Attachment 2. 2. Parkland Dedication or payment of Park Fees at the established rate shall be made prior to building permit issuance. F. EXISTING STRUCTURES No Conditions G. ADDITIONAL APPROVALS REQUIRED 1. Development Review or Minor Development Review shall be -- accomplished prior to the issuance of a building permit. Resolution No. 85-099 Page 7 II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. GRADING Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. e A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to building permit issuance. The final grading plan shall be subject to review and approval by the Planning Services and Public Services Department and shall be completed prior to recordation of the final subdivision map or issuance of building permit, whichever comes first. I. STREETS AND SIDEWALKS The developer shall pay a pro-rata share for the installation or modification of the traffic signals at Old Coach Road/Espola Road prior to building'permit issuance. Ail exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Public Services. e Ail damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Services. Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Public Services office and appropriate fees paid, in addition to any other permits required. 16. The developer shall pay the Traffic Mitigation Fee at the established rate prior to building permit issuance. J. DRAINAGE AND FLOOD CONTROL A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Services to pro- perly handle the drainage. Resolution No. 85-099 Page 8 The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to building permit issuance. K. UTILITIES 1. Utility easements shall be provided to the specification of the serving utility companies and the Director of Public Services. e Annexation to the lighting district shall be accomplished and evi- dence of annexation and payment of lighting fees shall be presented to the City. GENERAL REQUIREMENTS AND APPROVALS Final parcel and tract maps shall conform to City standards and procedures. Should this subdivison be further divided, each final map shall be submitted for approval by the Director of Public Services. Ail provisions of the Subdivison Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. Prior to final map approval, all of the above improvements and requirements shall be installed and provided, or deferred by con- venants in a form approved by City Attorney. All necessary pro- cessing fees, deposits, and charges shall be paid prior to final map approval. Prior to final map approval, all dedications shall be made and easements granted as required above. 6. The final map shall be complete and in acceptable form to the satisfaction of the City Engineer prior to June 10, 1986, or the map shall be deemed expired· APPROVED and ADOPTED by the City/~cil of the City of Poway, State of California, this 3rd day o~/Dec;mber, 1985. ,, Card-1 R. Kruse, Mayor ATTEST: Marjo~ie K. Wahlsten, City Clerk