Res 85-100 RESOLUTION NO. 85-100
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A CONDITIONAL CERTIFICATE OF COMPLIANCE
FOR TENTATIVE PARCEL MAP TPM 17101, NICK KULJIS
WHEREAS, Tentative Parcel Map No. 17101, hereinafter "Map"
submitted by Kuljis, 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 Sections
7, 8, 17, and 18, Township 13 South, Range 1 West, San Bernadino
Meridian into 4 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 vs. City of Po~ay, et al; and
WHEREAS, the ruling of the Court of Appeal became final on
February 19, 1985, and a remittitur 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. 17101;
and
WHEREAS, the City Council of the City of Poway held a noticed
public hearing regarding Tentative Parcel Map No. 17101 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. 17101 at a regularly scheduled City Council meeting on
October 29, 1985;
NOW, THEREFORE, the City Council of the City of POway does
resolve as follows:
Section 1: Findings:
The City Council makes the following findings in accordance with
San Diego Superior Court Case No. 476749 and Court of Appeals Case
No. 4 CIV. 31232 with regard to Tentative Parcel No. 17101 and
the Map thereof:
a. The tentative parcel is consistent with all applicable
interim and proposed general and specific plans;
b.- The design or improvement of the tentative parcel is con-
sistent with all applicable interim and. proposed general
and specific plans;
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The site is physically suitable for the type of development
proposed;
The site is physically suitable for the density of the
development proposed;
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Resolution No. 85-100
Page 2
The design of the subdivision is not likely to cause sub-
stantial environmental damage and avoidable injury to
humans and wildlife or their habitat;
The tentative parcel is not likely to cause serious public
health problems;
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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;
h. That this project will not create adverse impacts on the
environment and a Negative Declaration is issued;
i. 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;
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:
Conditional Certificate of Compliance for Tentative Parcel Map
17101 is hereby approved, subject to all of the following
conditions:
ACCESS ROADS (Offsite)
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 benfit and use of the property being ~ivided.
Recordation data for said easement shall be shown on the
Certificate of Compliance. This requirement applies to
off-site access to all proposed parcels.
Dip sections and culverts shall be disigned 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 6 or less." A sketch of the dip
section showing the above dimensions and the'calculations
shall be submitted with the deposit noted below.
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Resolution 85-100
Page 3
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 ~raded width
required, all drainage improvements with their approximate
locations, signed calculations and a copy of a 200 scale topo
map with the drainage 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 the 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 Certificate of Compliance. Any unused portion of the
deposit will be returned.
The graded road width for the offsite road access will vary
from 16 feet to 24 feet depending on the cross slope. The
road is to be surfaced with 3 inches of D. G., and all grades
12% or greater are to be treated with oil penetration.
A permit shall be obtained from the Department of Public
Services for the improvements 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 construction 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 impr6qements as
required beyond the 30-foot limit for that portion within the
land division for Old Coach Way, minimum centerline radius of
300 feet.
In conjunction with Tentative Parcel Map 17172R, make an
Irrevocable Offer of Dedication for the right-of-way required
to complete a 30-foot wide one-half right-of%~ay width on each
side of the ultimate centerline of a road which shall extend
easterly from the southwest corner of TPM 17101 to an Emergency
Vehicle access road at the northwest corner of Parcel 3 of
TPM 17172. While it is generally intended that this road
right-of-way follow the common boundary to TPM's 17101 and
17172, in order to maintain a maximum grade of 25 percent,
the entire right-of-way in some area (because of the terrain)
may be entirely within parcels created by either Parcel Map.
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Resolution 85-100
Page 4
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" or hot mix bituminous
material. Grades over 25% are not allowed.
Old Coach Way and the road which extends easterly from Old
Coach Way to the northwest corner of proposed parcel 3 of
TPM 17172, shall have a graded width of 16 feet to 24 feet
depending on cross slope and a 10 foot shoulder for horse
trail purposes, to be provided on the onsite road only.
In the event these improvements are deferred, the subdivider
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. This indemnification shall also be noted on the
Certificate of Compliance.
-- D. UTILITY EASEMENTS
1. Where private easement roads are not being dedicated or where
all of the proposed parcels 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, satisfactory to the
utility, have been made to serve all parcels being created.
No letter will be required from the Pacific Telephone Company.
E. OTHER REQUIREMENTS
1. Prior to the approval of the Certificate of Compliance, the
subdivider shall provide the Department of Public Services with
a copy of the deed by which the subject property was acquired.
F. WAIVER OF PARCEL MAP REQUIREMENTS
The City will waive the requirement that a Parcel Map be
prepared and filed with the Department of Public Services
and recorded, and cause to be filed for recording with the
County Recorder, a Certificate of Compliance for the parcels
shown on the approved Tentative Parcel Map, provided that the
findings required by Section 16.12.010 of the Poway Municipal
Code can be made. In order to make these findings, only the
following conditions must be satisfied:
Resolution 85-100
Page 5
Conditions A, B, C, D, and E as contained in this resolution
are to be complied with to the satisfaction of the Department
of Public Services, and the Director of Planning Services is
to be so notified by the Department of Public Services.
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The subdivider shall provide the City with a legal description
for each parcel shown on the approved Tentative Parcel Map.
The legal description shall be typed on plain white paper,
8 1/2 x 11", with 1" margins at the top, side, and bottom.
It shall be reproducible so as to yield a legible copy (it
will be used to describe your property on the Certificate of
Compliance when recorded).
The l~gal descriptions (Item 2 above) must describe access to
the land as well as access reserved from each parcel shown on
the Tentative Parcel Map.
4. A deposit shall be submitted to the City to cover costs of
processing the Certificate of Compliance.
Condition C-1 must be complied with prior to recordation of
a Certificate of Compliance or after recordation of the certi-
cate. 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 Parcel Map waiver.
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 Complian¢
been recorded, no building permit may be
may be approved for any parcel created h
Certificate of Compliance unless and unt
presents a copy of a Release of Improvem
recorded by the Department of Public Ser
all the improvements listed in the Coven
have been completed to the satisfacton o
Public Services (except for fire protect
which may be released on a lot by lot ba
The Department of Public Services shall
mentioned above and notify the Departmen
at whih time a Certificate of Compliance
e. If a Covenant has
issued or no division
y the approved
il the applicant
ent Requirements,
vices stating that
ant of Improvements
f the Director of
ion requirements
sis).
record a Covenant
t of Planning Services
shall be recorded.
Note: No parcel shown on the approved T~ntative Parcel Map
shall be sold, leased, conveyed or transferred, and no
building permit may be issued for said pDrcels, unless and
until the Certificate of Compliance is filed in the office
of the County Recorder.
Resolution 85-100
Page 6
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.
2. Required road improvements may be deferred by covenant
and no security is required.
3. No road maintenance agreement is required.
Section 3:
Tentative Parcel Map No. 17101, 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 issurance 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 applican% 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
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Resolution No. 85-100
Page 7
Dedicate 10 foot equestrian/pedestrian trails to the satis-
faction of the Directors of the Departments of Community and
Planning Services, as generally shown on Attachment 2.
Parkland Dedication or payment of Park Fees at the established
rate shall be made prior to building permit issuance.
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II.
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EXISTING STRUCTURES - No Conditions
ADDITIONAL APPROVALS REQUIRED
Development Review or Minor Development Review shall be
accomplished prior to recordation of the final subdivision
map.
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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.
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 issuance of building permit.
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.
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.
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Resolution No. 85-100
Page 8
The developer shall pay the Traffic Mitigation Fee at the
established rate prior to building permit issuance.
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 properly handle the drainage.
The Master Plan of Drainage Fee shall be paid at the established
rate in accordance with ~he Drainage Ordinance prior to building
permit issuance.
UTILITIES
Utility easements shall be provided to the specification of
the serving utility companies and the Director of Public
Services.
Annexation to the lighting district shall be accomplished, and
evidence of annexation and payment of lighting fees shall be
presented to the City.
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GENERAL REQUIREMENTS AND APPROVALS
Final parcel and tract maps shall oonform to City Standards
and procedures.
Should this subdivision be further divided, each final map
shall be submitted for approval by the Director of Public
Services.
Ail provisions of the Subdivision Ordinance of the Poway
Municipal Code shall be met as they relate to the division
of land.
Resolution No. 85-100
Page 9
4. Prior to final map approval, all of the above improvements and
requirements shall be installed and provided, or deferred by
covenants in a form approved by the City Attorney. All
necessary processing fees, deposits, and charges shall be
paid prior to final map approval.
5. Prior to final map approval, all dedications shall be made and
easements granted as required above.
6. The Certificate of Compliance shall be complete and in acceptable
form ko the satisfaction of the City Engineer prior to
June 10, 1986, or the Certificate of Compliance shall be deemed
expired.
APPROVED and ADOPTED by the City/~ouncil of the City of Poway,
State of California, this 3rd day ll~cember 1985'
CARL R. KRUSE, Mayor
ATTEST:
Marjori~ K. Wahisten, City Clerk