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/'
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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
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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
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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 .~
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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.
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CITY OF POWAY
by
Roberts,
-
JUL 1 8 1995 ITEM 4./ ,~
5 of 9 JUL 11 1995 ITEM 8
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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 .
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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
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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.
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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
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JUL 1 8 1995 ITEM 4./ . ~
1 of 23 JUL 11 1995 ITEM 8 'II
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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
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.- 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 '.
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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
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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 .~
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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
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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
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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
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'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 ~ ,!
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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.
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Resolution No. P-86-17
Page 3
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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
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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
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Resolution No. P-86-17
Page 5
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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,/ . ~
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Resolution No. P-86-l7
Page 6
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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 ! \
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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
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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 ,,.
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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
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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 ~
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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 ~
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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
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JUL 1 8 1995 ITEM 4.1 'i
JUL 11 1995 ITEM 8 .,
19 of 23
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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
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. 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
\
\...,.
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J
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JUL 1 8 1995 ITEM 4.( '--'
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JUL 11 1995 8 .
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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,/ ."
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.
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./ .\
.