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;
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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;
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The site is physically suitable for the density of the
development proposed;
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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.
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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.
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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.
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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.
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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