Loading...
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; Co The site is physically suitable for the type of development proposed; The site is physically suitable for the density of the development proposed; eo fe 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; ge 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. Be Se e 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. Ce 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. e 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 o 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. Fe II. e 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. Jo 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. o e 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