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Item 4.1 - TTM 86-01RA H.G. Inventment Corp .,- 'AGENDA R~~iij{Jiig ""-. 'l:JC.:_q 5"-' f CITY OF POW A Y REVISED MATERIAL TO: Honorable Mayor and Members~ City Council FROM: James L. Bowersox, City Man INITIATED BY: John D. Fitch, Assistant City Manager 2.-~ Reba Wright-Quastler, Director of Plann~Services Stephen A. Streeter, Principal Planner DATE: July 11, 1995 SUBJECT: Tentative Tract MaD 86-01(RAl. H. G. Investment CorD.. ADDlicant: A request to amend the resolution of approval for Huntington Gate, Phase 2, Lots 33-70, to eliminate grading restrictions within building setback areas on residential lots to preserve coastal sage scrub habitat. The 41 acre :t site is located south of Del Poniente Road, east and west sides of Huntington Gate Drive, west of Fiddletown Road within the RR-C zone. Off-site purchase of 6.5 acres of comparable habitat or payment into an in-lieu fund is - proposed. APN: 321-410-01 through 38 BACKGROUND The City has incurred costs over the past several years for Phases I and 2 of the Huntington Gate Subdivision. The Phase 1 costs for r&llliining subdivision improvements and IOnumentation are $34,000. The Phase 2 costs of approximately $338,000 include a delinquent deposit account with the City, Budwin Lane and school slope drainage, water bills and remaining subdivision improvements (Engineering fees/Inspection fees for remaining work, securities, posting of any bonds, etc.). The attached fee agreement between the City and the current majority property owner of Phase 2 is to set up a repayment schedule for the outstanding fees owed to the City. This fee agreement is a condition in the revised resolution. The draft agreelllent has been reviewed by the City Attorney, and the Director of Engineering Services along with Engineering Services and Planning Services staff. It is expected that the agreement will be signed on or before July II, 1995. The revised resolution pages reflect changes discussed between the applicant, Engineering and Planning staff with amendments by the City Attorney. The ~ > ~ j V ACTION: Councilmember Cafagna disqualified himself. Item automatically carried over to July 18, 1995. \..f)1~ ~~ Il Marie Lofton, Depu y City Clerk JUl 1 8 1995 ITEM 4./ ,W/' 1 of 9 JUL 11 1995 ITEM 8 j ---- Agenda Report July 11, 1995 Page 2 revision to condition 4 on top of page 3 is to correctly show that the numbers are for parcel numbers rather than lot numbers. The lot numbers are shown in parentheses. Additional time is provided in condition 6 for the applicant to acquire all or a portion of the required 6.5 acres of habitat or to pay all or part of the difference. The revised condition 2 under General Requirements provides a two year maximum time to accomplish all the listed conditions within the resolution with remedies if all conditions are not met. Condition 3 on page 4 has been revised to address the fee agreement. JLB:RWQ:JDF:SAS:kls Attachments: A. Draft Fee Agreement B. Revised Resolution Pages .: \c t ty\pl oml"ll\__nttllll601.._ JUL 1 8 1995 ITEM 4./ " JUL 11 1995 ITEM 8 2 of 9 -. -. HUNTINGTON GATE TM 86-01 FEE AGREEMENT This Agreement is entered into this day of July, 1995 between the City of poway ("City") and HG Investment Corp., a California oorporation ("HG") , WHEREAS, the previous owner of the lots at Huntington Gate, Huntington Gate L.P. , incurred certain obligad.ons to the City including but not limited to inspection fees, erosion control work, and water usage and LMD 86-1 ("fees") ; and WHEREAS, HG is legally obligated to reimburse the City for those obligations incurred by Huntington Gate L.P. , the parties agree as follows: 1. The Engineering Services Developer Deposit Fees ~ncurred at Huntington Gate as of July 1, 1995 total $101,553.00. The delinquent water usage bills incurred at Huntington Gate as of May 16, 1995 total of $11,926.96. The nuisance abatement bill incurred at Huntington Gate totals $54,225.00. The Conditions of Approval on the Tentative Subdivision Map for the development of Huntington Gate included certain grading constraints within the Building Setback areas for the protection of coastal sage scrub; habitat for the California Gnat Catcher. The Developer desires to eliminate this restriction replacing the restricted areas in Huntington Gate Phase II with an in lieu fee paid to the City for acquisition of habitat. The developer will pay the City approximately $10,000.00 per acre for a total of 6.5 acres. This payment is due within 2 years of this agreement. In addition to the above referenced fees and costs, HG agrees to pay the City the reimbursement of costs incurred by the City for Landscape Maintenance District 86-1 Huntington Gate, which total $20,000.00. In addition to the payment by Huntington Gate to the City as previously referenced herein, Huntington Gate will assign an additional $20,000.00 per lot sale/escrow closing to the City in the same manner as described above for additional lots for a total of up to $120,000.00. The purpose of this payment is to replace the existing Letter of Credit supplied by Westport Savings Bank to the City to secure the work which remains to be completed by Huntington Gate referenced in Item #9 below. In the event Huntington Gate completes and receives Final Inspection from the City for the improvements prior to the closing of the referenced escrows then this requirement will be deemed to have been met by Huntington Gate. JUl181995 ITEM 4'~ 3 of 9 ATTACHMENT A JUL 11 1995 ITEM 8 -..-----.- Page 2 July_, 1995 2. HG will pay the fees, bills and securities to the City through the closing of escrow on the lots sold by HG in the Huntington Gate Subdivision for a total of $372,704.96, of which $120,000.00 is security for the completion of items referred to in paragraph #9 below. 3 . The sale of each lot will be closed through an escrow at Fidelity Title Insurance Company. Concurrent with the execution of this Agreement, HG will execute an Authorization to Disburse Escrow Funds and Irrevocable Assignment of Escrow Proceeds directing Fidelity Title Insurance Company to pay $20,000.00 from each escrow at closing to the City. The form of the Irrevocable Assignment of Escrow Proceeds is attached hereto as Exhibit B. 4. In consideration of the payment program as described in this Agreement, the City will not require any of these Fees to be paid by existing owners of any lots in Phase II of the Huntington Gate subdivision other than those lots listed on Exhibit A. 5 . Upon payment of the entire amount of the Fees, the City will execute any and all necessary documents required by Fidelity Title Insurance to cancel the Authorization to Disburse Escrow Fees and Irrevocable Assignment of Escrow Proceeds. 6. The parties executing this Agreement are duly authorized to act on behalf of the persons and entities obligated by the terms hereof, and their execution of this Agreement binds the parties on whose behalf they have executed the Agreement. 7. This Agreement may be signed in counterparts, and photocopies or facsimile copies of this Agreement may be used as originals, 8. The parties declare and represent that no promise, inducement. or agreement not herein expressed has been made to any of their representatives, and this Agreement contains the entire agreement between the parties. The terms of this Agreement are contractual in nature and not mere recitals. 9. Developer agrees to complete all Grading and Public Improvements for Huntington Gate Phases 1 & 2 in accordance with the approved Grading Plans and Improvement Plans for Huntington Gate Phases 1 & 2 approved by the City on April 1, 1987, April 1, 1987 and May 2, 1989 and June 22, 1989 respectively. Such completion work includes, but not limited to drainage improvements, trails, repairs to punch and list items. JIll j ''1' !';If ill .~ 4 of 9 Ul 1995 E 8 - - .- Page 3 July_, 1995 The City will inspect the work as completed and will plan check any changes or amendment to the existing Grading and'Improvement Plans. H G will payor reimburse the City for all costs incurred by the City in connection with the completion of the referenced items. 10. The City has caused to be recorded in the Recorders office of the County of San Diego a "NOTICE OF INTENT TO LIEN". The City hereby agrees to release such NOTICE OF INTENT TO LIEN on a lot by lot basis as needed to close escrows for the sale of the individual lots. 1l. Upon execution of this agreement by the parties herein the City agrees to process all Building and Grading Plans and issue Building Permits and Grading Permits for all lots remaining in Huntington Gate Phase II in the normal course of business. - CITY OF POWAY by Roberts, - JUL 1 8 1995 ITEM 4./ ,~ 5 of 9 JUL 11 1995 ITEM 8 -~.- - .--------------- HUNTINGTON GATE TM 86-01 EXHIBIT A LOTS: 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 61, 66, 67, 69, 70. TOTAL 28 lots 1 JUL i81995 ITENe CZ2.~ JUL 11 1995 M 8 . 6 of 9 - - - HUNTINGTON GATE TM 86-01 EXBIBIT B AUTHORIZATION TO DISBURSE ESCROW FUNDS AND IRREVOCABLE ASSIGNMENT OF ESCROW PROCEEDS HG Investment Corp. hereby irrevocably authorizes Fidelity Title Insurance Company to pay $20,000.00 from each escrow closing from each lot in Phase II of the Huntington Gate subdivision as described in Exhibit A hereto to the City of Poway. This authorization and assignment of escrow proceeds shall remain in effect until the total balance of #372,704.96 has been paid through escrow proceeds to the City of poway or until the City of poway has given written notification to Fidelity Title that it has received a total of $372,704.96. This authorization of payment and assignment of escrow proceeds is pursuant to the agreement between HG Investment Corp. and the City of poway which is attached hereto. HG Investment Corp. by: J. Brian O'Donnell Secretary JUl 1,8 1995 ITEM 4, JUL 11 1995 ITEM 8 7 of 9 Resolution No. Page 3 4. Condition B. B~cal Resources, 2. of Resolution No. P-86-17 remains . ;." . ,'~',:,y., '''''~'.::X:;'~ . ,'. ';""':::;:;~":":'::::: i;Ba:} e P:~~e '"., .i.~~~~e;-~' r:~r~~t\~'na\4-tl:a f'!'!f~~!!$rt!~~ easement. The subsection states: "In regard to the designated open space easements, the developer shall also be required to: e. Require future homeowners with lots fronting an open space area to maintain said areas in their natural state. 5. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 6. Off-s~ase of 6.5 acres of comparable habitat is required within 9Q ~' .'..' or payment into an in-lieu fund administered by the City of Poway sreQlIired on a pro rata basis as the 28 lots owned by the applicant are sold or building permits pulled after minor development review approval. In the event the total amount is not paid within two , years, the applicant shall pay an additional amount as determined by the City Counc 11 . RECREATION 1. The developer shall improve the remaining recreational trail system in the subdivision prior to pulling any more than seven building permits of the 28 lots under their ownership. Trail construction shall be in accordance with the adopted standards and to the satisfaction of the Directors of Public and Planning Services. 2. An open space easement shall be granted to the City over, upon, across, and under the area defined on the final maps as a recreational trail and no building, structures or other things shall be constructed, erected, placed or maintained on subject easements except for the construction and maintenance of said trail and structures appurtenant to the trail. 3. Dedicate the Master planned recreational trails to the satisfaction of the Directors of Public and Planning Services in accordance with the Master Plan of Trails Element. GENERAL REQUIREMENTS AND APPROVALS 1. All provisions of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. 2. Prier \8 fiAal Map a~,'eval, all dedieatisfts shall Be Made aAd easements granted as 'e~iji'ed. 2. The If tiT tentative mae revision aond~j}tOhi~aJ approval for Phase 2 shall 1..lllll!"i'~'!Jj't~i~,\,j't!~~!~1!11~ aays pr10r to exp1ration in accordance with the City's Subdivision Ordinance. JUl 1 8 1995 ITEM 4.1 Illj ATrACHMENT B JUL 11 1995 ITEM 8 8 of 9 Resolution No. Page 4 3. ~t~~... ....... '. ..,', ',\ " ~:," . ,', "', ,.",. l~~:~ile';' gratAal! fees ,a1ft wtle.. grad;,,!) peFMit is iss~ed, se~Jer aRE( water fees ,aiel at hHilEllRg fJerMit, the rEMat,,;,,! fees ,aiel at 8ee~fJaRey. 4. Inclusionary housing fees shall be paid in accordance with fee schedule in effect at the time of building permit issuance. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 11th day of July, 1995. Don Higginson, Mayor ATTEST: MarJorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) 5S. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. , was duly adopted by the City Council at a meeting of said City Council held on the day of , 1995, and that it was so adopted by the followrng-vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K. Wahlsten, City Clerk City of Poway E: \CITY\PlANNING\REPORT\TTM860IR. RES JUL 1 8 1995 ITEM 4:~". JUL 11 1995 ITEM 8 9 of 9 ---- - AGENDA KEPORT SUMMARY - TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Ma~ INITIATED BY: John D. Fitch, Assistant City Manager 0 .Jl Reba Wright-Quastler, Director of Planning Services ~ DATE: July 11, 1995 SUBJECT: Tentative Tract MaD 86-01lRAl. H. G. Investment CorD.. ADDlicant: A request to amend the resolution of approval for Huntington Gate, Phase 2, Lots 33-70, to eliminate grading restrictions within bufldiRg setback areas on residential lots to preserve coastal sage scrub habitat. The 41 acre! site is located south of Del Poniente Road, east and west sides of Huntington Gate Drive, west of Fiddletown Road within the RR-C zone. Off- site purchase of'6.S acres of comparable habitat or payment into an in-lieu fund is proposed. ABSTRACT The applicant has asked for a resolution amendment pertaining to Phase 2 of Huntington Gate to allow off-site habitat acquisition or payment into an in-lieu fund. The applicant requests relief from the original conditions that li.it grading in front, side and rear yard setback areas to preserve the coastal sage scrub re~ants. - ENVIRONMENTAL REVIEW The City Council finds the previously certified Final EIR for the Green Valley Ridge Subdivision adequately addresses the potential environmental impacts of the proposed amendlllent. FISCAL IMPACT The City ..y receive payments into an in-lieu fund of $10,000 to $12,000 per acre for the 6.5 acres .ini.ul of comparable coastal sage scrub to be acquired. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Poway News Chieftain and sent to the Department of Fish and Game, the U.S. Fish and Wildlife Service and to 192 Dropertv owners within 500 feet. RECOMMENDATION It is recommended that the City Council approve TTM 86-01(RA) subject to the conditions in the attached resolution. ACTION - JUL 1 8 1995 ITEM 4./ . ~ 1 of 23 JUL 11 1995 ITEM 8 'II -- AGENDA REPORT CITY OF POW A Y TO: """",. "'Y" '" ....."~ C,ty C"'<" FROM: James L. Bowersox, City Mana INITIATED BY: John D. Fitch, Assistant City Manager ~ Reba Wright-Quast1er, Director of P1a~services Stephen A. Streeter, Principal P1anne DATE: July 11, 1995 SUBJECT: Tentative Tract MaD 86-01lRAl. H. G. Investment CorD.. ADD1icant: A request to amend the resolution of approval for Huntington Gate, Phase 2, Lots 33-70, to eliminate grading restrictions within building setback areas on residential lots to preserve coastal sage scrub habitat. The 41 acre ! site is located south of Del Poniente Road, east and west sides of Huntington Gate Drive, west of Fiddletown Road within the RR-C lone. Off-site purchase of 6.5 acres of comparable habitat or payment into an in-lieu fund is proposed. APN: 321-410-01 through 38 BACKGROUND The applicant has asked for a resolution amendment perhining to Phase 2 of Huntington Gate to allow off-site habitat acquisition or payment into an in-lieu fund. The applicant requests relief from the original conditions that limit grading in front, side and rear yard setback areas to preserve the coastal sage scrub remnants. FINDINGS This project was approved in 1986 before current open space planning activities were underway. There was also less emphasis on maintaining preserving open space in large, contiguous areas than there is today. The open space mitigation that was identified for this project was, therefore, on-site and is rather fragmented. The resultant remnants of coashl sage scrub habitat are not practical for property owners to aaintain nor biologically viable for preservation. The applicant has requested that the conditions of the original map be amended to allow the open space impacts to be mitigated either through off-site acquisition and dedication or through payment into the city's in-lieu fund once it is established. For the reasons outlined above, staff supports this request. ACTION: See Summary Sheet JUL 1 8 1995 ITEM 4.1"~ j 2 of 23 JUL 11 1995 ITEM 8 'II - - .- Agenda Report July 11, 1995 Page 2 ENVIRONMENTAL REVIEW The City Council finds the previously certified Final EIR for the Green Valley Ridge Subdivision adequately addresses the potential environmental impacts of the proposed amendment. FISCAL IMPACT The City may receive payments into an in-lieu fund of $10,000 to $12,000 per acre for the 6.5 acres minimum of comparable coastal sage scrub to be acquired. PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Poway News Chieftain and sent to the Department of Fish and Game, the U.S. Fish and Wildlife Service and to 192 property owners within 500 feet. RECOMMENDATION: It is recommended that the City Council approve TTM 86-0I(RA) subject to the conditions in the attached resolution. JLB:RWQ:JDF:SAS:kls AttachlDents: A. Resolution B. Resolution No. P-86-17 C. Location Map D. Phase 2, Huntington Gate .:\Ct ty\pl_t".\r_t\t_lr._ JUL 1 8 1995 ITEM 4.h~ JUL 11 1995 ITEM 8 '. 3 of 23 _._-- RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA MODIFYING TENTATIVE TRACT MAP 86-0I(RA), RESOLUTION AMENDMENT, PHASE 2 ASSESSOR'S PARCEL NUMBERS 321-410-01 THROUGH 38 WHEREAS, Tentative Tract Map 86-01(RA) submitted by H. G. Investment Corporation, applicant, for the purpose of modifying the conditions of approval for TTM 86-01R (Hap No. 12401) subdividing the real property situated in the City of Poway, County of San Diego, State of California into thirty-eight lots regularly came before the City Council for public hearing and action on July 11, 1995. WHEREAS, Tentative Tract Map 86-01(RA) meets the requirements of the RR-C zone; and WHEREAS, the Director of Planning Services has recommended approval of the parcel map, subject to all conditions set forth in the Planning Services Department report; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby approve proposed Tentative Tract Map 86-01(RA). Section 1: Environmental Findinas: The City Council finds the previously certified Final EIR for the Green Valley Ridge Subdivision adequately addresses the potential environmental impacts of the proposed amendment. Section 2: Fi ndi nas: 1. The approved project is consistent with the general plan in that a residential land use is proposed by this application. 2. The design or improvements for the tentative parcel map are cons istent with or are conditioned to be consi stent with all applicable general and specifiC plans, in that required improvements adhere to the development standards of the City of Poway Development Code and Subdivision Ordinances. 3. The site is phys i ca 11 y suitable for the type of development approved, in that the lots in Phase 2 will be graded to create suitable building sites. 4. The site is physically suitable for the density of the development approved. It contains thirty-eight single-family parcels on about 41 net acres, which is a density of one parcel per 1.08 acres, where one acre lots are permitted by the RR-C zone. The lot sizes and configurations all conform to the minimum RR-C zoning standards. 5. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that portions of the lots have been previously disturbed, and off-site acqui sit ion of 6.5 acres lIinimum of JUL 1 8 1995 ITEM 4.1~. 4 of 23 A TT ACHMENT A JUL 11 1995 ITEM 8 'III - - Resolution No. Page 2 comparable coastal sage scrub habitat will be required of an in-lieu fee paid on a pro rata basis for 28 lots. 6. The tentative tract map is not likely to cause public health problems because City water and sewer systems will be provided to serve the residential lots. 7. The design of the tentative tract map does not conflict with any easements by the public at large, now of record, for access through or use of the property within the approved subdivision. Section 3: Citv Council Decision: The City Council hereby approves Tentative Parcel Map 89-16 subject to the following conditions: Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE DEVELOPMENT 1. All prior conditions of Resolution No. P-86-17 apply except as modified within this resolution. 2. Condition 15 on page 4 of Resolution No. P-86-17 15 rescinded for Phase 2. It states: "All grading activities, with the exception of that necessary for streets and driveways, shall be confined within the building setback lines unless specifically allowed by the Directors of Planning and Public Services". 3. Condition B. Biological Resources, 2. of Resolution No. P-86-17 is rescinded, in part, for Phase 2. The subsections to be deleted state: "In regard to the designated open space easements, the developer shall also be required to: a. I~rove the habitat quality, if necessary, by revegetating disturbed area~ with plant species indigenous to the coastal sage scrub on- site. b. Prohibit activities that will degrade habitat quality (e.g. dumping, brushing of native vegetation, etc.). c. Prohibit uses disruptive to wildlife, including those which create loud noise, excessive lighting, etc. (e.g. off-road vehicles). d. Ensure that landscaping in the vicinity of the open space areas included non-invasive exotic or native plant specifies so as not to create adverse competition to the native vegetation, and therefore, enhance conditions for native wildlife. JULl 8 1995 ITEM 4./--\. 5 of 23 JUL 11 1995 ITEM 8 .~ ~---_.,. ------,.~-- Resolution No. Page 3 4. Condition B. Biological Resources, 2. of Resolution No. P-86-17 remains appl icable for lots 3-5, 8, 9, 12, 14-17 of Phase 2 that border a recreational trail easement or open space easement. The subsect i on states: "In regard to the designated open space easements, the developer shall also be required to: e. Require future homeowners with lots fronting an open space area to maintain said areas in their natural state. 5. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinincas in effect at the time of building permit issuance. 6. Off-site purchase of ~.5 acres of comparable habitat is required within 90 days or payment into an in-lieu fund administered by the City of Poway is required on a pro rata basis as the 28 lots owned by the applicant are sold or building penaits pulled after minor development review approval. In the event the total amount is not paid within two years, the applicant shall pay an additional amount as detenained by the City Council. RECREATION 1. The developer shall improve the remaining recreational trail system in the subdivision prior to pulling any more than seven building penaits of the 28 lots under their ownership. Trail construction shall be in accordance with the adopted standards and to the satisfaction of the Directors of Public aAd Planning Services. 2. AA open space easement shall be granted to the City over, upon, across, and under the area defined on the final maps as a recreational trail and no building, structures or other things shall be constructed, erected, placed or aaintained on subject easements except for the construction and aaintenance of said trail and structures appurtenant to the trail. 3. Dedicate the Master planned recreational trails to the satisfaction of the Directors of Public and Planning Services in accordance with the Master Plan of Trails Element. GENERAL REQUIREMENTS AND APPROVALS 1. All provisiOns of the Subdivision Ordinance of the Poway Municipal Code shall be ~t IS they relate to the division of land. 2. Prior to final aap approval, all dedications shall be aade and easements granted as required. 3. The tentative map revision approval for Phase 2 shall expire on July 11, 1997. Application for time extension must be received iD Gays prior to expiration in accordance with the City's Subdivision Ord~e. 4. All appropriate fees shall be paid. These include, but are not limited to, drainage, sewer, water, park, school, etc. Drainage fees paid when grading permit is issued, sewer and water fees paid at building permit, the remaining fees paid at occupancy. JUL 1 8 1995 ITEM 4.1 .. 6 of 23 JUL 11 1995 ITEM 8 "It - - Resolution No. Page 4 5. Inclusionary housing fees shall be paid in accordance with fee schedule in effect at the time of building permit issuance. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 11th day of July, 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) 5S. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. , was duly adopted by the City Council at a leeting of said City Council held on the day of , 1995, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K. Wahlsten, City Clerk City of Poway E:\CITY\PLANNING\REPORT\TTM8601R.RES JULl 8 1995 ITEM 4,/"1 7 of 23 JUL 11 1995 ITEM 8 '~ ---~--- \ (~ " RESv~V7:0N NO. P-86-l7 r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA l APPROVING TENTATIVE TRACT MAP 86-01 ASSESSOR'S PARCEL NUMBER 321-011-20, 21; 321-020-72 THROUGH 74; and 3l4-0JJ-06 - - 'WHEREAS, Tentative Tract Map No. 86-01, hereinafter .Map. sub- mitted by J. L. ROberts, applicant, for the purpose of subdividing the real property situated in the City of poway, County of San Diego, State of California, described as the south one half of the northwest quarter and portions of the northwest quarter of the southwest quarter of Section 6, Township 14 south, Range 1 west and the southeast quarter of the northeast quarter of Section 1, Township 14 south, Range 2 west, San Bernardino Meridian into 83 lots, regularly came before the City Council for public hearing and action on March 25, 1986; and -"-...-- WHEREAS, the Director of Planning Services has recommended approval of the Map subject to all conditions set forth in the Planning Services Department repor~; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council of the City of poway does resolve as follows: Section 1: Findinqs: The City Council makes the following findings in regard to Tentative Tract No. 86-01 and the Map thereof: a. The tentative tract is consistent with all applicable general and specific plans because single family residential lots are proposed for an area designated by the General Plan for that use; b. The design or improvement of the tentative tract is ,. consistent will all applicable general and specific ~ plans because the lot sizes, arrangements, and improvements provided meet those required for resi- dential development by the General Plan; c. The site is physically suitable for the type of development proposed because minimal grading for building sites are proposed and the creek channels and additional areas are retained in open space; d. The site is physically suitable for the density of the development proposed because all lots are one acre in size or larger and consistent with the General Plan requirements for that area; ATTACHMENT B JUl 1 8 1995 ITEM 4,)..... JUlll 1995 nEII 8 ~ ,! 8 of 23 _..~----------~------ - .__, _. _u______...._____ ________ (-I (-\ , " .0 ,,- Resol.,-,tion No. P-86-l7 . Page 2 l e. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat because such - damage or injury has been reduced through lot rede- --. - sign and the creation of open space areas! - f. The tentative tract is not likely to cause serious pUblic health problems because City water and sewer services are available and adequate access to the lots will be provided! g. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the prop- erty within the proposed subdivision! h. 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! i. The design of the subdivision has provided, to the L. extent feasible, for future passive or natural heating or cooling opportunities in the subdivision! '0 and j. That this project will not create adverse impacts on the environment in that the mitigation measures pro- poses in the Environmental Impact Report prepared for this project and certified on February 4, 1986 were sufficient to reduce the proposed impacts to insigni- ficance. Section 2: Tentative Tract Map No. 86-01, a copy of which is on file in the planning Services office, is hereby approved subject to all the following conditions: l. within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. 2. Midland Road shall be dedicated on site to a width of 60 feet and be fully improved to urban street standards with 46 feet of paving, concrete curbs and gutters, and concrete sidewalks on both sides. - 3. Midland Road extension from the project's south boundary to Twin Peaks Road shall be improved to 28 feet with asphalt paving and berms. 9 of 23 JULl 8 1995 ITEM 4.1"1. JUL 11 1995 ITEM e- .. ...,--- -- .- ;\ r " Resolution No. P-86-17 Page 3 r- l 4. Prior to the issuance of building permits for Unit 1 Midland Road shall be constructed between Del poniente Road and Twin Peaks Road. - 5. Del Poniente Road. shall be dedicated to a width of 65 feet .- , and improvements completed to urban street standards with 40 feet of paving, concrete curb and gutter, and concrete sidewalk to Espola Road. The intersection of Del Poniente and Espola Roads shall be improved to provide for simulta- neous left and right turns prior to the issuance of building permits. 6. Internal public streets shall be dedicated to a width of 54 feet and be fully improved to urban street standards with 36 feet of paving and concrete curbs and gutters. 7. The ends of existing Hat Creek Road, Derringer Road, Old Station Road, and Fiddletown Road shall be completed with 40 foot radius cul-de-sacs or knuckles with concrete curb and gutter and full struatural section. 8. A temporary turnaround shall be constructed to the satis- faction of the Directors of Safety and Public Services at l the southerly terminus of Midland Road. Any streets par- tially constructed due to phasing shall be provided with temporary turnarounds. ~. Abutter's rights of access shall be waived along Midland -/ Road with the exception of 52 feet of Lot 83 opposite Street. "A". Abutter's rights of access shall be waived along Del poniente Road, Hat Creek Road, Derringer Road, Old Station Road, and existing Fiddletown Road. All other driveways shall be consolidated as shown on the tentative map and reciprocal access and maintenance agreements recorded. 10. The developer shall reimburse the City for all costs, including reasonable interest, associated with extending the sewer south of Manhole No. 18 to the connection with Tierra Bonita Road as shown on plans for TTM 3951 prior to approval of a final map for Unit 1. II. The developer shall reimburse the City for pro rata costs, including reasonable interest associated with constructing the Midland Road sewer through Unit 3 prior to a final map for Unit 3. L 12. The developer shall grant sufficient right-of-way for the construction and maintenance of the Midland Road sewer within 30 days of approval of the final map. JUL 1 8 1995 ITEM 4,1"4 JUL 11 1995 ITEM 8 .. 10 of 23 - '~ : . I - . Res, ltion No. P-86-l7 Page 4 C 13. Sewer mains in Unit 3 shall be redesigned to utilize the l Midland Road sewer that will extend south to Twin Peaks Road allowing the elimination of the pump station on Del poniente Road and minimizing the impacts on the Tierra Bonita Road sewer lines. - --. - - 14. The developer shall dedicate a 20 foot wide sewer easement from the existing pump station north of Lot 83 southerly through Lot 83 and continuing southeast to Midland Road. -*",15. All grading activities, with the exception.of that t. I necessary for streets and driveways, shall be confined - within the building setback lines unless specifically allowed by the Directors of Planning and Public Services. 16. Prior to final map approval, the developer's engineer shall prepare and submit a detailed hydrologic and hydraulic report on the project and the proposed storm drains. Necessary drainage easements shall be dedicated on the final map. @ Certain landscaped areas not on private property shall be placed in a landscape maintenance district at the discre- L tion of the Director of Public'Services. This would include special entrance improvements along Del Poniente Road. 18. A six foot wide paved pedestrian access point shall be constructed within the 40 foot emergency vehicle access easement located at the intersection of Fiddletown and Tierra Bonita Road and the end of the cul-de-sac of Street B. ~'An equestrian/pedestrian trail improved to regional trail standards shall be dedicated and constructed along the east side of Lots 3 and 4. A community trail shall be constructed along the south side of Del Poniente Road, south and in conjunction with the sewer easement that starts between Lots 19 and 20 and along the east side of Midland Road. 20. A grading and building construction time schedule for each of the three units shall be provided to the Planning and Engineering Services Departments prior to the issuance of a grading permit. ~ The open space easement along the easterly creek shall be f- dedicated to the City and placed in a Landscape Maintenance District. Both sides of the open space ease- ment shall be fenced with the location and design to be subject to the satisfaction of the Director of Planning Services. JUl 1 8 1995 ITEM 4.1 i1 II of 23 JUL 11 1995 ITEM 8 '4 '\ -, Resolution No. P-86-17 Page 5 r l 22. The City Shall reserve the right to require the sub- divider to provide access across Lot 83 until Unit 3 of the Tentative Map is finaled. 23. The precise configuration of the Tierra Bonita/Fiddletown -- , Road intersection shall be determined by the City Council based upon a recommendation from the Directors of Public and Safety Services. Input from the poway Unified School District and affected property owners in the area shall be solicited prior to making such a recommendation. The pre- cise configuration adopted shall be deemed to be in substantial conformance with the approved Tentative Tract Map. Section 3: The following mitigation measures shall be implemented to reduce the significant adverse environmental effects of the project to a level of insignificance, as identified in the project's EIR. A. Archaeological Resources - The following mitigative and/or test programs for each of the following archaeological [sites is required prior to the issuance of a grading per- mit and recordation of the final tract map. 1. SDM-W 2396: Due to the absence of soils around this site, there is no chance of the presence of subsur- face deposits. Therefore, the features shall be mapped, measured, and photographed. This recording process will adequately mitigate potential impacts to the site. 2. SDM-W-2395, Locations 2, 4, 5, 6, and 8: These features shall be mapped, measured, and photo- graphed. In addition, auger samples shall be taken from around the boulders to make certain that no buried midden is present. Assuming that no deposit is found, impacts to these locations will be miti- gated by the recording process. Should subsurface deposits be found, further mitigation will be recommended at that time. -3. Locations 1 and 3: These features shall be reco~ded in the same manner as previously recommended for other locations. In addition, a single hand excava- tion unit shall be placed in the possible midden L' soil. Barring the appearance of the unexpectedly rich deposit, these measures should adequately miti- gate impacts to the artifacts. JUL 181995 rrEM 4,/ . ~ 12 of 23 JUL 111995 ITEM 8 r..t (.... -:'j - . Resolution No. P-86-l7 Page 6 -,~- l 4. Location 7: The milling features of this camp shall also be recorded and its midden thoroughly tested. Testing shall consists of four one-meter square hand - excavation units dug a~ this site and placed to - ensure that all areas qf the midden are tested. In .. addition, surface cultural material shall be:mapped and collected. The project sponsor/developer shall maintain a 50 foot minimum setback from this location to any property or lot lines. The site shall also be preserved in its natural state. 5. SDM-W-214 : Because this tie may represent the oldest prehistoric use of the area, surface finds shall be transit-located and mapped. In addition, the site shall be tested for a significant deposit by hand excavation of three, one-meter square units and a series of backhoe trenches shall be placed around the site in order to ensure that no buried deposit exists outside the perimeter of the surface scatter. Additional mitigation may be required, based on sub- sequent testing. 6. The series of tests and other recordation procedures .L identified above shall be undertaken by a qualified archaeologist. The archaeologist retained to imple- ment the testing/recordation program shall meet with \.., representatives of the San Diego County Archaeological Society, Inc. , prior to undertaking the subject program for the purpose of establishing the testing ,methodology and basis upon which further mitigation will be necessary. upon completion of the program, test results and mitigation recommendations, if determined necessary, shall be made available to the Society for review and comment to ensure that mitigation measure are sastisfactory. However, this review and comment process should not unnecessarily delay approval of the final tract map. B. Biological Resources - The following measures shall be implemented to reduce significant impacts to biological resources. f) The developer shall be required to fence the Midland Road side of the open space easement over the westerly portion of the project site. The area shall also be posted, and fenced, prior to the commencement of the construction period for Unit 3. J ! \ - ~ JUL 1 8 1995 ITEM 4. { l'~ :3 of 23 JUl 11 1995 ITEM 8 .. --"-- '\ - I '. -, Resolution No. P-86-l7 Page 7 r' 2. ! l In regard to the designated open space easements, the developer shall also be required to: - a. Improve the habitat quality, if necessary, by revegetating disturbed areas with plant &pecies indigenous to the coastal sage scrub on-site. b. Prohibit activities that will degrade habitat quali ty (e.g., dumping, brushing ~f native vege- tation, etc. >. c. Prohibit uses disruptive to wildlife, including those which create loud noise, excessive lighting, etc. (e.g., off-road vehicles>. d. Ensure that landscaping in the vicinity of' the open space areas includes non-invasive exotic or native plant species so as not to create adverse competition to the native vegetation, and there- fore, enhance coriditions for native wildlife. /e. Require future homeowners with lots fronting an open space area to maintain said areas in their l. natural state. 3. Pursuant to State Law, alteration of or encroachment, into either of the on-site stream courses (westerly and central riparian corridor> require a Section 1603 permit from the California Department of Fish and Game. A permit from the U.S. Army Corps of Engineers could also be required. C. ,Other mitigation measures to offset impacts to the biolo- gical resources which were not considered significant shall include the following: l. Reduce all habitat losses to the maximum extent possible by minimizing grading on each individual lot. 2. Grade in phases in order to forestall impacts to wildlife as long as possible. LV All cut and fill slopes that result from earthmovihif' operations shall be immediately revegetated with native plant species. L 4. The large or indigenous granite rock outcroppings throughout the site, especially in the riparian habi- tats, Shall remain undisturbed. JUL 1 8 1995 ITEM 4./ , JUL 11 1995 ITEM 8 'iI 14 of 23 . (- - Resolution No. P-86-17 Page 8 l Section 4: Tentative Tract Map No. 86-01, a copy of which is on file in the -- Planning Services office, is hereby approved subject to the ~ollowing Standard Conditions: _ I. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPMENT 1. Approval of this request shall not waive compliance with all sec- tions of the Zoning Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. 2. 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. 3. For a new residential dwelling unit(s), the applicant shall pay L development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees L. (in accordance with City-adopted policy and/or ordinance), Water and Sewer Service Fees. These fees shall be paid prior to building permit issuance. . 4. Street names shall be approved by the Planning Services Department prior to the recordation of the final map, and street addresses shall be provided prior to the issuance of building permits. B. PARKING AND VEHICULAR ACCESS NO CONDITIONS C. LANDSCAPING 1. A detailed landscape and irrigation plan shall be submitted to and approved by the Public Services Department and Planning Services Department prior to the issuance of building permits. 2. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of poway Ordinance and shall be planted at an average of every 30 feet on interior streets and 20 f_t on exterior streets. - .. 3. All landscaped areas shall be maintained in a healthy and thriving I condition, free from weeds, trash, and debris. JUl181995 ITEM 4.1 ,~ IS of 23 JUL 11 1995 ITEM 8 ,,. ,-- \ .. Reholution No. P-86-l7 Page 9 r D. SIGNS l l. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. - E', RECREATION .- l. On lots having a private or public equestrian/pedestrian trail on or adjacent to their property, the developer is required to have contained within the C.C.&R.'s the following statement: In purchasing the home, I have read the C.C.&R.'s and understand that said lot is subject to an easement for the purpose of allowing equestrian/pedestrian traffic. 2. The developer shall improve the equestrian/pedestrian trail system in accordance with the adopted sign standards and to the satisfaction of the Directors of Public and Planning Services prior to building permit issuance. 3. An open space easement shall be granted to the City over, upon, across and under the area defined on the final maps as an l equestrian trail and no building, structures or other things shall be constructed, erected, placed or maintain ed on subject easements except for the construction and maintenance of said trail and structures appurtenant to the trail. 4. Dedicate the Master planned equestrian/pedestrian trails to the satisfaction of the Directors of the Departments of Public and Planning Services in accordance with the Master Plan of Trails Element. S. Parkland Dedication or payment of Park Fees at the established rate shall be made prior to final map approval. F. EXISTING STRUCTURES NO CONDITIONS G. ADDITIONAL APPROVALS REQUIRED l. Development Review or Minor Development Review shall be accomplished prior to the issuance of a building permit. 2. when public or private equestrian/pedestrian trails are required as a part of the subdivision, the developer shall display a map''in the sales office, of said subdivision, indicating the trails. L 3. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. JUL 1 8 1995 ITEM 4.1 .. JUL 11 1995 ITEM 8 '1 16 of 23 ... m____ --------.. _.--- .--- . - - \ e. Resolution No. P-86-l7 Page 10 l II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: H';- GRADING .. - - l. 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. 2. The grading plan, shall contain a certificate signed by a registered civil engineer that the grading plan has preserved a minimum of 100 square feet of solar access for each dwelling unit and for each future building site within the subdivision. 3. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to final map approval. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the-time of application for grading plan check. L 5 : A pre-blast survey of surrounding property shall be conducted to the satisfaction oof the City Engineer prior to any rock blasting. l Seismic recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the City Engineer. I. STREETS AND SIDEWALKS l. All Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Public Services. 2. The developer shall pay a pro-rata share for the installation or modification of the traffic signals at Espola Road and Del poniente Road prior to final map approval. 3 . Vehicular access rights to Circulation Element roads shall be dedicated to the City of Poway and labeled on the final map to the satisfaction of the Director of Public Services or by separate document. 4. All interior and exterior public streets shall be constructed to publ~ street standards. - .-- r 5. Sidewalks 4.5 feet in width shall be required on both sides of Midland Road. - JUL 1 8 1995 ITEM 4.1' I JUL 11 1995 ITEM 8 ~ ~ 7 of ?j " r' . . Resolution No. P-86-17 Page 11 I' t 6. Reciprocal access and maintenance and/or agreements shall be provided insuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of - the Director of Public Services. - 7. Street striping and signing shall be installed to the satisfaction of the Director of Public Services. 8. All street structural sections shall be submitted to, and approved by the Director of Public Services. 9. Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Public Services. Plan check and inspection expenses shall be paid by the developer. 10. All exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Public Services. II. Street improvements that include, but are not limited to: X a. Sidewalks X e. Cross gutter l X b. Driveways f. Alley gutter X c. Wheel chair ramps X g. Street paving X d. Curb and gutter h. Alley paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Public Services. 12. All 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. 13. 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. 14. Street improvements and maintenance shall be made in accordance with City Ordinance standards for urban streets all streets. 15. The ~eveloper shall pay the Traffic Mitigation Fee at the - --- established rate prior to final map. L JUL 181995 rfW' 4, I JUL 11 1995 8 ~ :8 of 23 . ,- I. - .. , . Resolution No. P-86-l7 Page 12 ~ J. DRAINAGE AND FLOOD CONTROL 1. Intersection drains will be required at locations specified by the __Director of Public Services and in accordance with standard engineering practices. --. - 2. 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. 3. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 4. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to .final map approval. 5. Concentrated flows across driveways and/or sidewalks shall not be permitted. ~ K. UTILITIES l 1- All proposed utilities within the project shall be installed underground including existing utilities along Circulation Element roads and/or highways less than 34.5 KV. 2. utility easements shall be provided to the specification of the serving utility companies and the Director of Public Services. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 4. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of poway and the Health Department of the County of San Diego. 5. Prior to acceptance of property for sewer service, annexation to the sewer improvement area shall occur. 6. The applicant shall pay for a water system analysis to establish the proper size and location for the public water system. The amou~t will be determined by the cost of the analysis and shall be paid prior to final map. - -- I '- JUL 1 8 1995 ITEM 4.1 'i JUL 11 1995 ITEM 8 ., 19 of 23 --- ( r" Resolution No. P-86-17 r Page 13 l 7. The applicant shall, within 180 days after receiving approval of the tentative tract map, tentative parcel map, use permit, ok develop- ment review, apply for a Letter of Availability (LOAl to reserve - sewerage availability and post with the City, a nonrefundable .. 'reservation fee equal to 20% of the appropriate sewerage connection fee in effect at the time the LOA is issued. 8. Developer shall construct a light system conforming to City of poway Standards at no cost to the public, subje~t to the following: a. Cut-off luminaries shall be installed which will provide true 90 degree cutoff and prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. b. All fixtures shall use a clear, low pressure sodium vapor light source. . c. Advance energy charges and District engineering charges shall be paid by the developer. l d. Annexation to the lighting district shall be accomplished and evidence of annexation and payment of lighting fees shall be presented to the City prior to final map approval or building permit issuance, whichever occurs first. 9. Cable television services shall be provided and installed underground. The developer shall notify the Cable company when trenching for utilities is to be accomplished. L. GENERAL REQUIREMENTS AND APPROVALS 1- Prior to recordation, a Notice of Intention to form Landscape and/or Lighting Districts shall be filed with the City Council. The engineering costs involved in district formation shall be borne by the developer. 2. Final tract maps shall conform to City standards and proce- dures. 3. By separate document prior to the recording of the final sub-.. division map, or on the final subdivision map, there shall be granted to the City, an open space easement as shown on the Tentative Map. Said open space easement shall be approved I as to form by the City Attorney and shall limit the use of said open space to recreational purposes, including L buildings, structures and improvements. JUL 1 8 1995 ITEM 4,1 ,., JUL 11 1995 ITEM 8 l 20 of 23 (- '~ \ . , . , . Resolution No. P-B6-l7 Page 14 l 4. All provisions of the Subdivison Ordinance of the poway Municipal Code shall be met as they relate to the division - of land. 5 _' Those portions of the subject property proposed to be held under common ownership shall be labeled such and identified by a separate lot number on the final map. 6. Prior to final map approval, all of the above improvements and requirements shall be installed and provided, or deferred by guaranteeing installation within two years from map recor- dation or prior to building permit issuance, whichever occurs first, by the execution of a performance agreement, secured with sufficient securities, in a form approved by the city Attorney. All necessary processing fees, deposits, and charges shall be paid prior to final map approval. 7. Prior to final map approval, all dedications shall be made and easements granted as requi~ed above. 8. The tentative map approval shall expire on March 25, 1988 - unless an applicantion for time extension is received 90 days r.., prior to expiration in accordance with the City's Subdivision Ordinance. L APPROVED and ADOPTED by the City of the City of poway, State of California, this 25th day 1986. \.....V'--.S- ~?- Carl R. Kruse, Mayor ATTEST: J 1 )O,'L\.'\.'L L k -L' ~ .:) : (vl-~ . Marjorie K. Wahlsten, City Clerk \ \...,. - - --" J - JUL 1 8 1995 ITEM 4.( '--' 21 of 23 JUL 11 1995 ITEM 8 ~ -.------ I' b-- ~" I i *.~i .. I I , I A:: .',,1" . I I""""", .: -I I c I I I . /'.' l , J I :C. i ~ j; '..::-- , I Ii I:t,d.! 11- !ii" '. :1 t'.15l;aS i b ,t~~ > 1 . ' . ----- . .) 4( :c: .u > - ~~ I" -0 I 'z -il I '~I 'um .~ - ~ " . .....CD ~ ..~ I~ ,.... ..l 'I ,. c(~o. --- . // Qilc. ____1----15i I . "'. 'I' I. t /, /- . 'y i 2: O ".,. ~..i '" \\' . !I" Z '.. - ''''''"''''', " ,I [l, ~.. ~-Fii' ,., \. ,. ~kl~" ;, ~ ---- ';-~J' ".i~ ,.' ~ 'rJi " Ii I ~, ,'. Q ~"--llii Ii!' \ 'I __ _ .. - 0 c .IJX ~ ,.... .-....a...- o = hil~ , ' "'::~t ~ i .." ~ n >-1~'I!I'I1'\I~lt... '. .1' ~. I I TV. II f- I'll II. i.1 ~I'H j'~ _ j hI i <] - i , - ;.5 l) !W! i. i !.!~a~ 1 lIt ~~ 'Ie! "lib 111,11", I . . -' ~ II .. t' ','1 'll no: . "0. hll.I.li~ Isi.a L~ ~/!t.'" ~ .! II , I II, .. ,. I 'I' , I" ,. ,_ _~ ; I ! = I l" "Ii . : =- 'I.-iil'l .! It !ii - ; d<;il'!ii" Ii' .,. I'" "',, . ...."1...", ' , , . ~ t 1 I .= . . I'. : ,.' J J. 1 1 II" i I 'I" 'I "1,;1 "" . I !"I I j, 'r.t iii i , ; 'i!i;' !. - -, , Ii ,! I J - It...: ~ I . I' .. ','i;', !111! :j1' "ffii "'qi :Ij!:' h!' : ....,~ 1.1 ~11-II",~'dll I'ti - I _ " ~ '. I . ' ~t . I . ~ . I tj, . q ! : ~ i ; ; j' Ill. r: 'I ! d: "lit,: I Ir., i 'I II! r, T" g 'Ih 1'1Ii "~'!!' r 'I" , _--1--__ ~\ 111" i I I :i. I :af!;li ___ M, iJ" .,'~ ,'u 111"1!'III'I'II,p I:! II :;l!,!ill '.,in~:;l "" I' I "i ,I bill: i ~ I uuh~ I \ -1-. -! ' lt~; ,.",-."-.' -< --" ~ -* -- -- JUL 1 8 1995 ITEM 4. I ' 1 22 of 23 ATTACHMENT C JUl11 1995 ITEM 8 · - ......... ..,.-..... "'1'.- _.J_......~ ........ .. . - - . -- / / / . ~- .3,4 , . \ 3 / '-' s--'- S'-)l.SfI"f ,227; " --, .' 36 ':l. ;; 2. --. .--.. .. <: I ~5' .... e C - 194 AC IOOAC 30, I. \,l) .,'j~ 'OS 37' I. 2"4.7 04 0 I ,*Ctq4 63 @ . 37 38 € 129 AC ~ N 0 . '" "'.~ :,29":"C. 'Ii . I,?Do3 N .~ 107 AC '21 At:. , 0 I Llq<3ej- 223'4'''' 0 ~ 62 ;48'; U ,Ot 17 ,SS; . . , O. '\t..-\"I'5~ Q' 60 '0 223_, = ~ ,30 0 @ 59 \...- '--.- ~ .,::.., rOOAC - ";2 AC P \L.j'1'53 . l.,.s. -- - --."';-,. - I J3 AC ~ ~ I L\C\ ~ 3 'IOAe 4 ~ _. . s,..,- tL.lc(;\/O S , 4: " .oc 'I ",0 r-. 1'-t'133 - C 57 '. i8~~~qt ~ 3 !":'~A-: sC: <, " 43 '. 2de...) ~8 i - ~ ,C2 AC -~ 0 ; 0 .- . ^ "OAc(i.fq:~A 1L./'l>7s c . ~ _!' j 25;:.,: '" ""2401 ,. \L.jCj "24 c . ..........O',,~~"" t 50 ; 141U,-S ]Sl.... t"'2)t SEe 6 "U-!l." ""ID,; ".e ,41- !';a- . , c /"8., . POP, r.- - . , ~ 1';"58:3 11'<::''") '...~ oCl.C ''-\...' ':) ~-o .... "'8~."2' 30>.. ~;@ ! c ~ 1'1 ~'6.3 : ; , ~ 0 0' "'. , ~ :. 250 AC 0, '-'9'"'09'M-,. ':. .. -, ". :~ .:::"~ :~. 4-<; 53 ~ .o~ ;. .- ~ F/DDLET (s,W COR . , - LOT 6 c ,--------- 35134- . I :.b&>41ooS3' :e.s 4C I i 20<) 0 "ih TI ERRA I JULl II 48ON,ITA , ATTACHMENT 0 iTEM ,/ ~D JUL 11 1995 8 . . SrlT 2 23 of 23 tv1A=> i 240 1- (' IT -- ~HJf;/~j's- Bt1NTI,NGTON GATE TM 86-01 [) E V J S 1::. 0 FEE AGREEHENT K . This Agreement is entered into this 11th day of July, 1995 between the city of poway ("city") and HG Investment Corp., a California Corporation ("HG"). WHEREAS, the previous owner of the lots at Huntington Gate, Huntington Gate L.P., incurred certain obligations to the City including but not limited to inspection fees, erosion control work, and water usage and LMD 86-1 ("fees"); and WHEREAS, HG is legally obligated to reimburse the City for those obligations incurred by Huntington Gate L.P., the parties agree as follows: 1. The Engineering Services Developer Deposit Fees incurred at Huntington Gate as of July 1, 1995 total $101,553.00. The delinquent water usage bills incurred at Huntington Gate as of May 16, 1995 total of $11,926.96. The nuisance abatement bill incurred at Huntington Gate totals $54,225.00. The Conditions of Approval on the Tentative Subdivision Map for the development of Huntington Gate included certain grading constraints within the Building Setback areas for the protection of coastal sage scrub; habitat for the California Gnat catcher. The Developer desires to eliminate this restriction replacing the restricted areas in Huntington Gate Phase II with an in lieu fee paid to the City for acquisition of habitat. The developer will pay the City approximately $10,000.00 per acre for a total of 6.5 acres. This payment is due within 2 years of this agreement. In addition to the above referenced fees and costs, HG agrees to pay the City the reimbursement of costs incurred by the City for Landscape Maintenance District 86-1 Huntington Gate, which total $20,000.00. In addition to the amounts referenced above, Huntington Gate will assign an additional $120,000.00 to the City of poway for security purposes. The purpose of this payment is to replace the existing Letter of Credit supplied by Westport Savings Bank to the City to secure the work which remains to be completed by Huntington Gate referenced in Item '9 below. 2. HG will pay the fees, bills and securities to the city through the closing of escrow on the lots sold by HG in the Huntington Gate Subdivision for a total of $372,704.96, of which $120,000.00 is security for the completion of items referred to in JUL 181995 ITEM 4,1 .'4 July 11, 1995 Page 2 paragraph #9 below. , 3. The sale of each lot will be closed through an escrow at Fidelity Title Insurance Company. Conc;::u..'rent with the execution of this Agreement, HG will execute an Authorization to Disburse Escrow Funds and Irrevocable Assignment of Escrow Proceeds directing Fidelity Title Insurance Company to pay $20,000.00 from each escrow at closing to the city. The ~orm of the Irrevocable Assignment of Escrow Proceeds is attached hereto as Exkibit B. Failure to pay the entire sum in full within two (2) years from the date hereof shall constitute default. The transfer of any lot listed on Exhibit A without payment of $20,000 :~o the city shall constitute default. Upon default the entire unpaid sum shall immediately become due and payable, and the city may pursue all legal, equitable and administrative remedies. 4. In consideration of the payment prog~am as described in this Agreement, the City wil not require any of these Fees to be paid by existing owners of a y lots in Phase II of the Huntington Gate subdivision other than ose 10 listed on Exhibit A. 5. Upon payment of the entire ount of the Fees, the City will execute any and all nee ssary d uments required by Fidelity Title Insurance to cancel the uthoriz tion to Disburse Escrow Fees and Irrevocable Assignment of EseI' w Proceeds. The cost of preparation thereof shall be borne b HG. 6. The parties executi g this reement are duly authorized to act on behalf of the perso s and en ities obligated by the terms hereof, and their execution 0 this A reement binds the parties on whose behalf they have execu ed the reement. 7. This Agreement m y be s gned in counterparts, and photocopies or facsimile cop es of is Agreement may be used as originals. 8. The parties decla e and epresent that no promise, inducement, or agreement not erein e ressed has been made to any of their representatives, an this A reement contains the entire agreement between the partie. The terms of this Agreement are contractual in nature and no mere I' itals. 9. Developer agrees 0 compl te all Grading and Public Improvements for Huntington ate Pha es 1 & 2 in accordance with the approved Grading Plans nd Impr vement Plans for Huntington Gate Phases 1 & 2 approved b the ci on April 1, 1987, April 1, 1987 and May 2, 1989 and une 22 1989 respectively. Such completion work includes, but not limi ed to drainage improvements, trails, and repairs to punch list it ms. Completion shall occur not later than July 11, 1997 JUL 181995 ITEM 4.1 - July 11, 1995 Page 3 , The city will inspect the work as completed and will plan check any changes or amendment to the existing Grading and Improvement Plans. HG will payor reimburse the City for all costs incurred by' the City in connection with the completion of the referenced items. 10. The city has caused to be recorded in the Recorders office of the County of San Diego a "NOTICE OF INTENT TO LIEN". The City hereby agrees to release such NOTICE OF INTENT TO LIEN on a lot by lot basis as needed to close escrows .for the sale of the individual lots. Each release shall be provided to the City by escrow holder at the cost of HG. 11. Upon execution of this agreement by the parties herein the city agrees to process all Building and Grading Plans and issue Building Permits and Grading Permits for all lots remaining in Huntington Gate Phase II in the normal course of business. CITY OF POWAY . ~ ~- James L. Bowersox, J~mmie Lee Roberts, city Manager President JUl181995 ITEM 4.1"~ K~XHGTOH GATB TM 8~-O1 BXKXBXT A Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 61, 66, 67, 69, 70 for a total of 28 lots as shown on Map No. 12401 recorded in the Office of the County Recorder on June 15, 1989. JUL 1 8 1995 ITEM 4,/ ." - ... - . KONTINGTON GATE TM 86-01 EXHIBIT B AUTHORIZATION TO DISBURSE ESCROW FUNDS AND IRREVOCABLE ASSIGNMENT OF ESCROW PROCEEDS HG Investment Corp. hereby irrevocably authorizes, assigns and directs Fidelity Title Insurance Company to pay $20,000.00 from each escrow closing from each lot in Phase II of the Huntington Gate subdivision as described in Exhibit A hereto to the city of poway. No such escrow shall be closed without the payment of said funds. This authorization and assignment of escrow proceeds shall remain in effect until the total balance of $372,704.96 has been paid through escrow proceeds to the City of poway or until the city of - poway has given written notification to Fidelity Title that it has received a total of $372,704.96. This authorization of payment and assignment of escrow proceeds is pursuant to the agreement between HG Investment Corp. and the city of poway which is attached hereto. Escrow shall notify the city of Poway, attention Director of Engineering Services, at the time that each escrow is opened and at the time each escrow is closed or otherwise terminated. HG Investment Corp. ~ July 11, 1995 ~: J. Brian O'Donnell Secretary Receipt acknowledged .- Insurance company Date ~!:J/f ,/ JUL 1 8 1995 ITEM 4.1 .04 Pursuant to the Authorization to Disburse Escrow Funds and Irrevociable Assignment of Funds, HG Investment Corp. further agrees to hold harmless, and to reimburse Fidelity National Title Insurance Company, for any loss which it may sustain by reason of refusal of the City of Poway to comply with, conditionally or unconditionally the above escrow instructions based on the conditions passes and adopted by the property resolution and acceptance thereof by the City of Poway relating to the covenant regarding real property attached hereto, and made a part hereof. HG~ -G ,,' -r ~J. Brian O'Donnell Secretary JUL 18 1995 ITEM 4./ .\ .