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Item 17 - Approval of Final Map TTM 94-01 LMD 86-03A Herrick Developments AGEND~EPORTSUMMARY - TO: Honorable Mayor and Members ~ City Council FROM: James L. Bowersox, City Mana ~ - INITIATED BY: John D. Fitch, Assistant City Manage~\ Mark S. Weston, Director of Engineering service~.tJ Javid Siminou, Senior Civil Engineer t? Jesse Q. Tano, Assistant Civil Engineer I~ DATE: September 26, 1995 SUBJECT: Approval of Final Map for TTM 94-01 and Adoption of Resolution for Annexation into Landscape Maintenance District 86-03A; Herrick Development, Applicant ABSTRACT The final map for Poway Knolls, Tentative Tract Map No. 94-01, a six lot subdivision, is ready for approval. All conditions have been met. ENVIRONMENTAL REVIEW The tentative map is categorically exempt from environmental impact review because it is a Minor Land Division (Class 15). FISCAL IMPACf - None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council approve the final map and adopt the resolution for the Landscape District expansion. ACTION - SEP 2 6 1995 ITEM 17 1 of 22 · AGENDA REPORT CITY OF POW A Y This report is included on th~ Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council. staff or public request it to be removed ~":l ~e <:onsent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill out a shp indIcating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ INITIATED BY: John D. Fitch, Assistant City Manager~\ Mark S. Weston, Director of Engineeri~ Services Javid Siminou, Senior Civil Engineer Jesse Q. Tano, Assistant Civil Engineer I~ DATE: September 26, 1995 SUBJECT: Approval of Final Map for TTM 94-01 and Adoption of Resolution for Annexation into Landscape Maintenance District 86-03A: Herrick Develooment. Aoolicant BACKGROUND: Tentative Tract Map No. 94-01 is located on Oak Knoll Road approximately 300 feet west of Carriage Road (Attachment I). Tentative Map 94-01 was approved by City Counc i 1 Resol ut i on No. P-94-19 on April 5, 1994 (Attachment 2). The resolution approving the tentative map reqUires that the project be annexed into Landscape Maintenance District 86-03A. The owner has consented to this annexation (Attachment 3). All other conditions have been met and all required fees have been paid or secured as allowed by the resolution of approval. FINDINGS: The final map has been examined and found to be technically correct, in compliance with State Law and City ordinance, and is in conformance with the approved tentative map and with the conditions of approval. All fees, securities or deposits have been made. FISCAL IMPACT: None. ACTION: c::~p ? A 1QQt; ITEM 17 .' 0') "".; ?? - - Approval of Final Map Tor TTM 94-01, Herrick Development, Applicant September 26, 1995 Page 2 - ENVIRONMENTAL IMPACT: The tentative map is categorically exempt from environmental impact review because it is a Minor Land Division (Class 15). PUBLIC NOTIFICATION & CORRESPONDENCE: None. RECOMMENDATION It is recommended that the City Council take the following actions: 1. Approve the final map for TM 94-01 and direct its recordation. 2. Adopt the resolution ordering the expansion of Poway Landscape Maintenance District 86-03A to include TM 94-01 (Attachment 4). JL8:JDF:MSW:JS:JQT:bw ATTACHMENTS: 1. Vicinity Map and Final Map - 2. Resolution P-94-19 3. Consent to Annex into LMD 86-03A 4. Resolution to Annex into LMD 86-03A - SEP 2 6 1995 ITEM 17 3 of 22 1) ~ , ~ ~ 0 '" '" ROCA GRANOE '" '" 0 :$ ~ LA VISTA '" ~ '" ~ 0 ll. OAK KNOLL ROAD PROJECT SITE NO SCAlE Af'f'I-<O\l4.L- Of' f"~ i"I4P FoR ~\Je l'\4I'" El4-0l 4Jb ~N~OF~ r-14r CITY OF POW A Y ITEM :Ii-J'TO L-Mt::>86-o~) HERt::lICl"- ~L....Of'Me;:NT) ~1c.w.JT @ SCALE, TITLE: V /C..n-JnY ~ ATTACHMENT: f 4 of 22 SEP 2 6 1995 ITEM 17 i 'iiif II :iili !Ii ~ ,-I) I . ""1 ~ J 1- II ~'i ~ ' ,'!. I. _~ ;Iii~ I;~ --0 I'f' g ~ r ,AU~ '1- - ~ I~I!~ A ~ G f ' II~~I Iii (J I ~ II~~ I,~ ~ I ~III :!: ~ ~ I~ ~ ,a' 0 I~I:I~ I~I~I~ ~ ~i~1 ~ ~I~I ""0 .'~I~I .'~I I~ 'i~ i ~ 'i~ w ~ 0 !~I~II; !~I~il~ al Jr~1 ~ , ; I~.. ~5,1 I~ ~5,1'11 I ~'~~'I I~~!; I I~~! A ~ ~I~~~ ~ ~II ~ ~Irl I hli~~ ~ Ai' A !" I ill)1 1.1 I_I 1.1 ;~~ ~ ~ ~. ~ i I~ >- I l!ll!iii! ~II ~Il 111~I~r~ f~1 I I;;~ n I I Iii . t~I_IJI ~ ,I, '!"'i! 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P-94-19 A RESOLUTION OF THE CITY COUNCIL I OF THE CITY OF POWAY, CALIFORNIA I APPROVING TENTATIVE TRACT HAP 94-01, VARIANCE 94-01, AND DEVELOPMENT REVIEW 94-02 ASSESSOR'S PARCEL NUMBER 317-500-87 WHEREAS, Tentative Tract Map 94-01, hereinafter "Map" and Variance 94-01 and Development Review 94-02, submitted by Herrick Development, applicant, for the purpose of subdividing real property situated in the City of Poway, County of San Die90, State of California, described as Parcel 10 as shown on Record of Survey Map No. 4704, in the City of Poway, County of San Di ego, State of California, being a portion of the southwest quarter of the southeast quarter of Section 14, Township 14 South, Range 2 West, San Bernardino Meridian in the County of San Diego, State of California, excepting therefrom the northerly 140 feet thereof; WHEREAS, the Director of Planning Services has recommended approval of the project subject to all conditions set forth in the Planning Services report; and WHEREAS, the City Counc i 1 has read and considered said report and has considered other evidence presented at the public hearing. I NOW, THEREFORE, the City. Council does hereby resolve as follows: Section I: Environmental FindinQs: The City Council finds that the project wi 11 not have a significant adverse impact on the environment and hereby issues a Negative Declaration with Mitigation Measures. Section 2: Fi ndi nQs: Tentative Tract MaD 94-0l 1. The proposed project is consistent with the general plan. 2. The tentative tract map is consistent with the General Plan in that single-family housing is proposed for development. 3. The design or improvement of the tentative tract map is consistent with all applicable general and specifiC plans; in that improvements adhere to the development of the City of Poway Zoning Ordinance and the Subdivision Ordinance. 4. The site is physically suitable for the type of development proposed; in that the site is fairly level and can accommodate the r number of lots proposed. 5. The site is physically suitable for the density of the development proposed. The site will be developed in conformance with density criteria of the RS-7 lOne. ATTACHMENT 2 SEP 2 6 1995 ITEM 17 8 of 22 - - - Resolution No. P- 94-19 Page 2 6. The design of the subdivision is not likely to cause substantial -- environmental damage and avoidable injury to humans and wildlife or other habitat; in that the site is presently developed with a single family residence. 7. The tentative tract map is not likely to cause serious public health problems because City water and sewer systems will be provided to the new parcels. Low flow plumbing fixtures will be required throughout future buil di ngs on the site. Landscapi ng plans wi 11 eventually be prepared with minimal water consumption and incorporating low volume irrigation techniques for trees and shrubs. 8. The design of the tentative tract map will not conflict with any easement by the public at large, now of record, for access through or use of the property within the proposed subdivision. Variance 94-0l I. There are special circumstances applicable to the property (size, shape, topography, location, or surroundings), or the intended use of the property, and because of this, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other propert i es . in the vicinity under identical zoning I classifications. I The property is encumbered by a 16 foot private road easement along the easterly property line which decreased the developable portion of the property and limits how the project can be designed. While the property can accommodate a subdivision design having flag lots, which complies with City standards, the most acceptable map design requires lot depth, rear yard, street width and design variances, as well as a variance to allow all of the units to be two story to achieve a functional amount of living area. 2. Granting the variance, or its modification, is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought in that a majority of the. residentially developed lots in the area are conventionally configured with single family homes fronting on public or private streets. 3. Granting the variance, or its modification, will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located, in that a home of standard width and depth can still be constructed on each lot and will not diminish the standards /.-'- of public health, safety, or welfare to the surrounding properties. 4. The granting of this variance does not constitute a special privilege inconsistent with the limitations upon other properties in 9 of 22 SEP 2 6 1995 nEM 17 Resolution No. P-94-19 Page 3 the vicinity and zone in which such property is situated, in that another residential development in the City with the same zoning . have been approved for similar variances. 5. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. 6. Granting the variance or its modification will not be incompatible with the Poway General Plan. Section 3: Citv Council Decision: The City Council hereby approves Tentative Tract Map 94-01, Variance 94- 01, and Development Review 94-02 sUbject to the following conditions: Within 30 days of approval (I) 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. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE I WITH THE FOLLOWING CONDITIONS: I SITE DEVELOPMENT I 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 3. 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. 4. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. S. A six foot high solid wood fence or decorative block wall shall be constructed to enclose the side and rear yard areas of each lot prior to certificate of occupancy. 6. Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. SEP 2 6 1995 ITEM 17 1 10 of 22 "" - Resolution No. P- 94-19 Page 4 7. For a new residential unit(s), the applicant shall pay development fees at the established rate. The following fees, including but not limited to, traffic mitigation, drainage, water base capacity, and park shall be paid or secured prior to final map approval. If Secured, these fees must be paid in full prior to Occupancy. Permi t and plan checking fees shall be paid upon subftlittal of map, improvement, and/or grading plan, as applicable. Sewer annexation, street light energy charges, and fire protection fees must be paid in full prior to scheduling of final map for City Council approval. All other fees, including but not limited to, school, water service fees, remaining sewer connection, sewer clearnout and sewer inspection fees shall be paid prior to building permit issuance. 8. Th i s approva I shall become nu 11 and void if building permits are not issued for this prOject within two years from the date of project approva I. Application for time extension must be received at least 90 days prior to expiration. 9. Building height shall not exceed two stories or 35 feet, whichever is 1 ess. . 10. All lots are subject to Lighting District policies. Lighting District Assessments will change from Zone B to Zone A for all parcels within the subdivision. LANDSCAPING 1. All graded slopes greater than five feet in height shall be landscaped and irrigated, and those three feet or greater shall be planted, in accordance with adopted Poway Landscape Standards. I 2. The development shall be annexed into Landscape Maintenance District 86- 03A to the satisfaction of the Public Services Department. 3. A deta i1 ed landscape and irrigation plan shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. 4. Street trees, a minimum of 15 gallon siZe or larger, shall be installed in accordance with t~e City of Poway ordinance and shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. 5. All landscaped areas shall be maintained in a healthy and thriving -- condition, free from weeds, trash, and debris. SEP 2 6 1995 ITEM 17 of 22 Resolution No. P-94-19 Page 5 ~ Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. ADDITIONAL APPROVALS REOUIRED 1. The developer shall display a current Zoning and Land Use Hap, or suitable alternative, in the sales office at all times, to the satisfaction of the Director of Planning Services. Z. 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. *3. The developer shall contract to have an archaeologist monitor grading and excavation activity at the project. Upon completion of the monitoring program, a brief report sha 11 be filed with the Planning Services Department describing the process and any pertinent discoveries which may be made. 4. The developer shall set aside 15 percent of the new lots for low income housing and shall be sUbject to a restriction on the face of the map providing such set aside. An in-lieu fee has been adopted by the City Council and the developer may opt to pay an in-lieu fee at the established rate in place of setting aside 15 percent of the units for low income housing. This fee shall be paid prior to building permit issuance. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING 1. 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. Z. 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. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 5. The final grading plan, prepared on a standard sheet of mylar, shall be SEP 2 6 1995 ITEM 17 22 - - Resolution No. P-94-19 Page 6 subject to review and approval by the Planning and Engineering services Departments and shall be completed prior to recordat i on of the fi na 1 s~bdivision map or issuance of building permit, whichever comes first. 6. A pre-blast survey of the surrounding property shall be conducted to the satisfaction of the City Engineer prior to any rock blasting. A blasting permit shall be obtained from the Engineering Services Department prior to any rock blasting. Seismic Recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the City Engi neer. 7. All new slope shall be a minimum of 2:1 (horizontal to vertical). B. A final compaction report shall be submitted and approved pri or to issuance of building permits. 9. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior to issuance of building permits. 10. Buildings and parking lots shall be at least five feet from tops and toes of slopes, unless waived by Planning and/or Engineering Services Departments prior to grading permit issuance. -- If pad elevation increase by greater than two feet in height from those II. , approved on the tentative map or on the schematic grading plan used as a basis of approving the project, City Council approval will be required prior to grading permit issuance. 12. Non-supervised or non-engineered fill is specifically not allowed. Rock disposal areas shall be graded in comp 1 i ance wi th City-approved soil s investigations and recommendations and grading plans. 13. Erosion control, including but not limited to desiltation basins, shall be installed and maintained from Oct. 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make provisions to insure the proper maintenance of all erosion control devices throughout their intended life. STREETS AND SIDEWALKS l. All interior and exterior streets shall be constructed to City standards and specifications. A thirty-three foot private road easement for the interior access street shall for the benefi t of the new lots shall be granted on the final map. 2. All street structural sections shall be submitted to and approved by the Director of Engineering Services Department prior to improvement plan approval. SEP 2 6 1995 ITEM 17 , ") "f: ?? ~, Resolution No. P- 94-19 Page 7 3. Improvement plans for streets and any other public utility lines, prepared on standard sheets of mylar by a Registered Civil Eng i neer sha 11 be submitted for approval by the Director Of Engineering services Department. Plan check and inspection fees shall be paid by the developer. 4. A Standard Agreement for the Construction of Public Improvements shall be executed by the developer prior to map approval, or prior to building permit issuance, whichever comes first. Appropriate securities shall also be posted with the submittal of the Standard Agreement to the Engineering Services Department. 5. All street and any public improvements as noted in the Standard Agreement for Construction of Public Improvements shall be constructed within the time limit imposed in said agreement, to the satisfaction of the Director of Engineering Services. 6. Street improvements to the north half of Oak Knoll Road and the private on site road shall include, but are not limited to sidewalk, curb and gutter, driveways, wheelchair ramps, striping and signing, alley gutter, and street paving. Street improvements and ma i ntenance shall be made in accordance withC i ty Ordinance standards for dedicated urban streets. I 7. All damaged off-site publ ic works facil ities, including parkway trees, j sha 11 be repaired and replaced prior to exoneration of bonds and improvements, to the satisfaction of the Director of Engineering Services. 8. The developer shall acquire an encroachment permi t for any private improvements placed within the public right-of-way. 9. Pri or to any work performed in the publ ic right-of-way or City-held easements, a right-of-way permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any permits required. 10. Private street improvement plans shall be processed as a grading plan. Said plans shall be prepared on standard sheets of mylar by a Registered Civil engineer and shall be submitted for approval by the City Engineer. Plan check and inspect ion fees shall be paid by the developer. The grading plan shall be approved and securities posted prior to final/parcel map approval or building permit issuance, whichever comes first. The securities shall be posted with a standard agreement which requires the developer to construct the facilities within two years of execution of the agreement or prior to building permit issuance, whichever comes first. The security, for performance, shall be 100% of the cost estimate approved by the City Engineer. The requirement for a 50% payment and 10% warranty securities is waived due to the fact that this is not a public improvement. SEP 26 1995 ITEM 17 ,~ f".T ?? - - Resolution No. P- 94-19 Page 8 II. A monumentation bond in an amount acceptable to the City Engineer shall be i posted prior to final map approval. 12. The existing egress and ingress easement along the easterly 20 feet of the property may be reduced to 16 feet in width. DRAINAGE AND FLOOD CONTROL I. Intersect i on dra i ns shall be required at locations specified by the Director of Engineering Services Department and in accordance with standard engineering practices. 2. A drainage system capable of handling and disposing all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Engineering Services to properly handle the drainage. 3. Portland cement concrete gutters shall be installed where water crosses the roadways. L 4. Concentrated flows acr!)ss driveways and/or sidewalks shall not be I permitted. UTILITIES 1. All proposed electrical/convnunication/CATV utilities within the project shall be installed underground including existing electrical utilities less than 34.5 KV along Circulation Element roads and/or highways. 2. Utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering 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 shall be designed and constructed to meet the requirements of the City of Poway and the County of San Diego Department of Health. A 6" public water main, and an 8" publ ic sewer main shall be constructed within the private road in the development. The full width of the private road shall be dedicated to the City as an easement for sewer and water lines. SEP 2 6 1995 ITEM 17 , c:; ,...,.f ?? Resolution No. P-94-19 Page 9 S. Within 30 days after receiving City Council approval of the project, the applicant shall apply for a letter of Availabil ity (lOA) to reserve sewerage availability and post with the City, a nonrefundable reservation fee equal to 20S of the sewerage connection fee in effect at the time the lOA is issued. Applicant shall also submit, within this time, a Consent to Annex Form with appropriate annexation fee for the property's annexation to the sewer improvement district. 6. Developer shall construct a lighting system conforming to City of Poway standards at no cost to the public, subject 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 plane from the lowest point on the lamp or light emitting refractor or device. b. All fi xtures shall use a clear, low pressure sodium vapor 1 ight source. c. Advance energy charges and District engineering charges shall be paid by the developer. d. Annexation to the lighting district and evidence of annexation shall be accomplished at,the time of final building inspection or issuance of a certificate of occupancy is issued, whichever occurs later. A street light shall be installed on Oak Knoll Road at the entrance to the subdivision. 7. Cable television services shall be provided and installed underground. The developer shall notify the cable company when trenching for utilities is to be accomplished. 8. Existing telephone, gas, electric, water, sewer, and other public utility lines and appurtenances shall be shown on the grading /improvement plans. 9. All on-site private sewer mains shall be constructed to publ ic sewer standards and specifications and shall be shown on the grading/improvement plan s . 10. Water and sewer main lines and appurtenances that will be installed at locations other than within public streets shall have an easement, a minimum of 20 feet wide for each line, dedicated to the City of Poway. Multiple parallel facilities will require additional easement width for on-site facilities. Dedication shall be offered on the final/parcel map or by a separate document recorded prior to building permit issuance. II. All public utility lines (i.e., water, sewer, drainage) not located within public streets shall have an improved access over and along the respective easement, the surfacing and width of which shall be acceptable to the City Engineer. SEP 2 6 1995 ITEM '7 ~ .,.., - - Resolution No. P-94-19 Page 10 APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: l. Approved numbers or addresses shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background. Address shall be required at private driveway. 2. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. 4. These dwellings are being built on a parcel size of greater than one acre and is beyond 350 feet maximum from the nearest fire hydrant. A new fire hydrant shall be installed on the northeast corner of Oak Knoll Road and the proosed private road intersection. L S. No parking shall be allowed within the hammerhead of the private street easement. Red curbi ng shall be pa i nted wi th in the harrvnerhead area and signage installed to indicate fire lane and no parking. 6. Prior to delivery of combustible building material on site, water and sewer systems shall sat i sfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final 1 ift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. GENERAL REQUIREMENTS AND APPROVALS 1. Revised elevations and materials shall be resubmitted and approved by the City Council and construct i on shall be completed in accordance wi th the approved design and materials. 2. The CC&R's and/or Articles of Incorporation of the Homeowner's Association shall be subject to review for compliance with conditions herein, by the City Attorney and Director of Planning Services, and shall be filed with the Secretary of State, the County Recorder, and the City Clerk at the time of final map consideration. 3. Final parcel map shall conform to City standards and procedures. I 4. Should this subdivision be further divided, each final map shall be I submitted for approval by the Director of Planning Services. SEP 2 6 1995 ITEM 17 17 of 22 -- Resolution No. P-94-19 P age II 5. All provisions of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. 6. Pr;or to final occupancy, all dedications shall be made and easements granted as required. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 5th day of April 1994. -----D~~ ~:~.~ Don Higglnson, ayo ATTEST: 2]rWwa~t~~ ~rk V' I STATE OF CALIFORNIA ) I ) SS. I COUNTY OF SAN DIEGO ) I, Mar jori e K. Wahl sten, City C1 erk of the City of Poway, do hereby cert i fy, under the penalty of per jury, that the foregoing Resolution, No. P-94-19 ,was duly adopted by the City Council at a meeting of said City Council held on the 5th day of April, 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY. SNESKO, HIGGINSON NOES: CALLERY ABSTAIN: NONE ABSENT: NONE R(PORT\TPM9206.~[S SEP 2 6 1995 ITEM 17 1Q nf 22 .- - ~ . CITY Po WAY OF DON HIGGINSON, Mayor BOB EMERY, Deputy Mayor B. TONY SNESKO, Councilmember SUSAN CALLERY, Councilmember MICKEY CAFAGNA. Councilmember POWAY LANDSCAPE MAINTENANCE DISTRICT 86-3A ANNEXATION The undersigned, as owner of the property shown in Exhibit A, attached hereto, generally described as County Assessor Parcel Nos. 3175008700 which property is proposed to be developed by subdivision and will benefit from district-maintained landscaping within Landscape Maintenance District 86-3A, hereby consents to annexation into poway Landscape Maintenance District 86-3A, pursuant to the California streets and Highways Code Section 22608. l. EXECUTED ON a u5Usl- q , 199i, at {'(LrlsbcJ.d , California. /J';~-.- ...../C.. ~ 1_ . Property Owner (s~gnature) UJ,i/:"MA ~ nf2~_,:c.../('" Property Owner (please print) /55 e."u r\:-h-:e.e... DYWL :# :<OD Street Address CtI/f;);u ,~. CJt (1 rXlJ9 City/State/Zip Code - City Hall Located at 13325 Civic Center Drive - Mailing Address: P,O, Box 789, Poway, California 92074-0789 . (619) 748-6600, 695-1400 ."~E'C -aDe' SEP 2 6 me; ITEM 17 19 of 22 ATTArl-lMFNT '1 - ::ALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT No 5193 State of 'I' ,r I C'-.- } - OPTIONAL SECTION _ 0a.r\'r--.. r) CAPACITY CLAIMED BY SIGNER County of V It:. 0 lhotql ....... does not reqU18 lt1e Nola" 10 I ,~ till in the date below, doing so may pmve . J' .... L f . inYaIuable to persons relying on Ihe document. , On ~ -y - 9 L/ before me, J:>Ct)rl'J\ l:::rfCKJ3/lcl:uri PUtY: 0 INDIVIDUAL DATE NAME, TITlE Of OFFICER, E.Go, 'J1 DOe, NOTARY PU,," . 'l<7.' . , , .Q CO RAT OFFI ER(S) personally appeared UJ iI/ICu')',\ C - f..}eyr, l t.. ~~5 lili,A, ~ NAME(5) OF SIGNEA(5) TIll.E(S) ~ersonallY known to me - OR . 0 proved to me on the basis of satisfactory evidence 0 PARTNER(S) 0 LIMITED to be the person(s) whose name(s) ~ 0 GENERAL subscribed to the within instrument and ac- 0 ATTORNEY-IN.FACT knowledged to me that<!jjlslleAlley executed 0 TRUSTEE(S) the same in ~er!tlleir authorized 0 GUARDIANlCONSERVATOR j - . . . - - - - - - - - . Of capacily(ies), and that bY~her/their o OTHER ~. DEBOQA signature(s) on the instrument the person(s), ' :;: '. . - COMM,== or the entity upon behalf of which the ~ . -. . Notarv Plbiie - Calfomia f person(s) acted, executed the instrument. ~ . . SANOIEGOCOUNTV - SIGNER IS REPRESENTING: MvComm,E~A~9, 1997 WITNESS my hand and official seal. N_OfPEc"tcsIORENTlTYeJl. L " I 1 ; _ fJeyn' veL! Oi-"!J1J!.IJ . 'j)&r3rtJ\.- 0JJ1/rf--- ' SIGNATURE OF NOTARY OPTIONAL SECTIO~ lot 1J. '3trir THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT 1:: u...t: i lJlJ ':ttl..{'J.L I),'{ U I .1) I \ THE DOCUMENT DESCRIBED AT RIGHT: ~ Q ~ q l/ NUMBER OF PAGES . DATE OF DOCUMENT () - - Though the data requested here is not required by law, ~ . could _ """,,ulent raattachment of this tOlm. SIGNER(S) OTHER THAN NAMED ABOVE -c...' el992 NATIONAl NOTARY ASSOCIATION. 8236 Aemmet Ave., P.O. Box 7164. Canoga Part<. CA 91309-7184 SEP 2 6 1995 ITEM 17 f 20 of 22 ,- Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ORDERING THE EXPANSION OF POWAY LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 86-03A WITH THE WRITTEN CONSENT OF PROPERTY OWNERS WHEREAS, the City Council of the City of Poway desires to expand Poway Landscape Maintenance Assessment District 86-03A for the purposes of maintaining, servicing, and operating said district as shown in Exhibit "A" pursuant to the Landscape and Lighting Act of 1972; and WHEREAS, the record owner of all of the real property within said expansion area has given written consent to the proposed formation and annexation into Poway Landscape Maintaince District 86-03A pursuant to California Streets and Highway Code, Section 22608.1; and WHEREAS, the public interest and convenience require the maintenance, service and operation of public landscape facilities within said territory. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway does hereby resolve as follows: I. The foregoing recitals are true and correct and the City Council so finds and determines. 2. All of that certain territory shown in Exhibit "A" attached hereto is hereby added by annexation into Poway Landscape Maintenance Assessment District No. 86-03A. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 26th day of September, 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk SEP 2 6 1995 ITEM 17 ,l ATTArHMENT d .-~-- EXHIBIT A LEGAL DESCRIPTION AND PLAT LEGAt DESCRIPTION: PARCEL lO~;ll.S SHOWN ON RECORD OF SURVEY MAP NO. 4704, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 19, 1958, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING THEREFROM THE NORTHERLY 140,00 FEET THEREOF. PLAT ~ .-~' t..l . ~ ~. , , ~ PAR 2 ~~ 'OS8AC P R 3 ., PA 4 . ?AR 1 ~ 7" -..@L @..- -'-~--- .-----'- @- -- 0 z"t!.~" Z".,."" S 6~. JJ,' IIJ"E uF _53 Z,$.,& I <( 2110.IZ Z.40.69 - .!ZS 19 : @- 2UZ.SZ "".50 ,~~ ...r-- ------- ~ --r.iFTiff 8 ~--- - 0 ; _ ,0: @ . @ ~ ; ~:@ @ ~, ". 10, . .'_ IDZ.'-. - . . , ..~ I 33 AC ~ '!;l 1.45 AC@ () . 1$.1)7 ~ ,;;'_L . ,.. ~OO::" N'V~ . ... ~ ~ ~ @ . @< <0 ' ..; \;l . ~" . ~.,"o PAR, IJI.~' . . . '. ~ . PAR " PAR5' PAR 6 ~ @ AR,7 "@ @ ~~ ...;~ .,.( , " 75 ~ 82 83 ~~ , . .. SdJ'/"sc-"" -- dl'SI SS '" Z~I 7J' ;, ,,-, 50~ ,..1J:l IZ(J.tI() 1,1' IZ3.7$- 7S.1J1I ~".I" '0 Z~/.14 41;.'" J e e @ J 884;4'.JS I lEe.. .~(J.I'I. IZI1IU) 07 5_4"/' ,@~~@. @ @ e ~ . " ~ ~ "") - . @ ~ , , ~ ; ~ '~fi @ 0.80 AC.. 1.00 AC ., ..; #.U 10 10- Q.99 AC ~ . ~@> .' lAC ~ ~ ;, , ~ . ~ ~ . ~~ ., , ., . ~~} ~ . ~:" ~ . . ~ . :... ~ '-(i ~ "> - . ~ ' .. ~ ~ ~ ~ ~ PAR.IO ~ ' ~ ~ .: . . " " ., . ~ : . " : . L ~ -' '4J~ I.'~'"' o~ N'~L" ______ ~ ... 0- 0 - /lO,PO - R-e-A -1 - . Jo1.Za -1 Izo.DO "70.Z0 rEC. l 0.44 \:.. -- .~1'~"" ~ PROPERTY TO BE ANNEXED INTO DISTRICT 22 of 22 SEP 2 6 1995 ITEM 17