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Res P-82-35RESOLUTION NO. P 82-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 82-03 ASSESSOR'S PARCEL NUMBER 321-190-24 WHEREAS, Tentative Tract Map No. 82-03, hereinafter "Map" submitted by Deron and Lucille Johnson, applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described as Parcel 1 of Parcel Map 6450 into 31 lots, regularly came before the City Council for public hearing and action on July 27, 1982; WHEREAS, the Director of Planning Services has recommended approval of the 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, the City Council of the City of Poway does resolve as follows: Section 1: Findings: The City Council makes the following findings in regard to Tentative Tract No. 82-03 and the Map thereof: The tentative tract is consistent with all applicable interim and proposed general and specific plans in that a residential use is proposed for a residentially designated area. The design or improvements of the tentative tract is consistent with all applicable interim and proposed general and specific plans in that the design and improvements meet General Plan requirements for residential development. Ce The site is physically suitable for the type and density of development proposed because building sites can be created without the need for excessive grading. The site is physically suitable for the density of development proposed because no adverse soils or geologic conditions exist on the site. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wild life or their habitat because potentially significant impacts can be mitigated. Resolution No. P 82-35 TTM 82-03 Page 2 Fe The tentative tract is not likely to cause serious public health problems because the necessary public facilities and services are available. 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 property within the proposed subdivision. That this project will not create adverse impacts on the environment and a Mitigated Negative Declaration is issued, with mitigation for traffic (Standard Condition L6), drainage (Standard Condition K6), aesthetics (Standard Condition C1 - CUP 82-03/Dr 82-02) and noise (Standard Condition F7 - 10). Section 2: Tentative Tract map No. 82-03, a copy of which is on file in the Planning Services office, is hereby approved subject to the following conditions: 1. Flowage and drainage easements shall be offered for dedication as required by the City Engineer. The existing traffic signal at the Twin Peaks/Tierra Bonita intersection shall be relocated at the developer's expense as required by the City Engineer to accommodate the street widening. Prior to approval of the final tract map all improvements shall be guaranteed to be installed by the execution of a performance agreement, secured with sufficient securities in a form approved by the City Engineer and City Attorney, and as required by City Code. All dedications shall also be made or offered, and all applicable fees, deposits, and charges shall be paid prior to final map approval. Standard six-inch vertical portland concrete cement curb and gutter shall be provided along Streets A and B. Transition to portland concrete cement curb will be allowed on drives and parking areas. 9~solution No. P 82-35 TTM 82-03 Page 3 The developer shall include within the conditions, covenants, and restrictions the following statement: In purchasing the home, I have read the C.C.&R's and understand that the Poway Valley Riders Association (PVRA) property is adjacent to and south of the Fox Den (or otherwise named) property and that PVRA activities include equestrian and other domestic animal-related events. The number of dwelling units shall be reduced from 33 to 30, with units 18, 24, 25, and 26, to be moved and/or eliminated, to the satisfaction of the Director of Planning Services. 7e A final map for this tentative tract map shall be approved and recorded by July 27, 1984, or said map expires. Extensions of the tentative tract map may be granted in accordance with the City's subdivision ordinance. Expiration of the tentative tract map shall result in the expiration of Conditional Use Permit 82-03 and Development Review 82-02. Section 3: Tentative Map 82-03, a copy of which is on file in the Planning Services office, is hereby approved subject to the following Standard Conditions: APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPMENT (No Conditions) PARKING AND VEHICULAR ACCESS (No Conditions) LANDSCAPING Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the Master Plan of street trees for the City of Poway and shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. A minimum of 50 trees per gross acre, comprised of the following sizes, shall be provided within the development; 20% - 24" box or larger, 70%-15 gallon and 10%-5 gallon to the satisfaction of the Director of Planning Services and in accordance with the approved landscape plan. 2e Resolution No. P. 82-35 TTM 82-03 Page 4 All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. SIGNS (No Conditions) RECREATION The developer is required on lots having a private or public equestrian/pedestrian/bicycling trail on or adjacent to their property to have contained within the C. C. & R.'s the following statement: In purchasing the home, I have read the CC&R's and understand that said Lot is subject to an easement for the purpose of allowing equestrian/pedestrian traffic to gain access. The developer shall improve and maintain, or cause to be maintained, the Equestrian/Pedestrian/Bicycling Trail system in accordance with the adopted design standards and to the satisfaction of the Directors of Public and Planning Services. ADDITIONAL APPROVALS REQUIRED Development Reviewshall be accomplished prior to the issuance of a Building Permit. The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative to the satisfaction of the Director of Planning Services. When public or private equestrian/pedestrian/bicycling 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. Ail 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. Developer shall provide a 30" x 40" noise display board in the sales office to the satisfaction of the Planning Services Director. The display shall include the site plan and the noise study. Working drawings shall include a certification by a recognized acoustical expert that the requirements of the City of Poway's noise ordinance will be met. II. Resolution No. P 82-35 TTM 82-03 Page 5 7e Prior to issuance of a building permit, developer shall provide a site plan identifying field test locations and methodology for noise study. At the completion of construction, and prior to occupancy, interior and exterior CNEL shall be determined by field testing at developers expense. Tests to be conducted by a recognized acoustical expert. No occupancy permits shall be granted until Condition F-7 is met to the satisfaction of the Building Code (latest adopted edition) "Sound Transmission Control". APPLICANT SHALL CONTACT THE BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Ge 3e SITE DEVELOPMENT 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 approval of this project. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Director of Safety Services that water supply 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. Prior to the issuance of a building permit for a new residential dwelling unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Park Fee, Drainage Fee, Permit and Plan Checking Fees, School Fees (in accordance with city-adopted policy and/or ordinance), Water and Sewer Service Fees. Street addresses shall be provided by the Building Official. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. Resolution No. P 82-35 TTM 82-03 Page 6 III. 2e EXISTING STRUCTURES Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended use or the building shall be demolished. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the uniform Plumbing Code. 4e GRADING Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. 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. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The final grading plan shall be subject to review and approval by the Planning Services and Public Services Departments and shall be completed prior to recordation of the final subdivision map or issuance of building permit whichever comes first. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: STREETS AND SIDEWALKS Ail Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Public Services. Developer shall pay a pro-rata share for the installation or modification of the traffic signals at Twin Peaks and Tierra Bonita Roads. Resolution No. P 82-35 TTM 82-03 Page 7 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. Ail interior and exterior public streets shall be constructed to public street standards. 5. Sidewalks 4.5 feet in width shall be required on one side of Twin Peaks and Tierra Bonita Roads. 6e 7e Reciprocal easements shall be provided insuring access to all parcels over private roads, drives or parking areas to the satisfaction of the Director of Public Services. Street striping and signing shall be installed to the satisfaction of the Director of Public Services. Ail street structural sections shall be submitted to, and approved by the Director of Public Services. Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Public Services. Standard plan check and inspection fees shall be paid by the developer. 10. Street improvements that include, but are not limited to: 11. 12. X a. Sidewalks X e. Cross gutter 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 to occupancy of the units and the satisfaction of the Director of Public Services. Ail damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Services. Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Public Services Office and appropriate fees paid, in addition to any other permits required. Ke 3e 4e Resolution No. P 82-35 TTM 82-03 Page 8 DRAINAGE AND FLOOD CONTROL The applicant will be responsible for construction of all on- site drainage facilities required by the Director' of Public Services. Intersection drains will be required at locations specified by the Director of Public Services and in accordance with standard engineering practices. A drainage system capable of handling and disposing of all surface waters originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Services to properly handle the drainage and shall include the enlargement or replacement of the existing box culvert under Tierra Bonita Road. Portland cement concrete cross gutters to be installed where water crosses the roadways. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to final map approval. Concentrated flows across driveways and/or sidewalks shall not be permited. L. UTILITIES 1. All proposed utilities within the project shall be installed underground including 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. 3e 4e Developer shall be responsiblle for the relocation and undergrounding of existing public utilities, as required. Water and sewer system plans shall be designed and constructed to meet requirements of the City of Poway and the Health Department of the County of San Diego (a letter of availability from the sewer division will be required prior to recordation or issuance of a building permit whichever comes first. Resolution No. P 82-35 TTM 82-03 Page 9 Se 7e Prior to acceptance of property for sewer service, annexation to the sewer improvement District shall occur. Prior to recordation of the final map, the developer shall pay the Bridge and Major Thoroughfare Construction Fee at the established rate. Developer shall construct a light system conforming to City of Poway Standards at no cost to the public, subject to the following: ae Cut-off luminaries shall be installed which will prove 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. Ail fixtures shall use a clear, high pressure sodium vapor light source. c. Advance energy charge shall be paid by the developer. d. No mercury vapor, quartz, metal halide or diffuse coated high pressure sodium lamps shall be installed. e. The tract shall be annexed to the street lighting district. Cable Television services shall be provided and installed underground. Developer shall notify the Cable company when trenching for utilities is to be accomplished. M. GENERAL REQUIREMENTS AND APPROVALS A copy of the Covenants, Conditions and Restrictions (CC&R's) and/or Articles of Incorporation of the Homeowners Association, shall be subject to the review for compliance with conditions herein, to the satisfaction of 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. Prior to recordation, a Notice of Intention to form Landscape and Lighting Districts shall be filed with the City Council. The engineering costs involved in District Formation shall be borne by the developer. Final parcel and tract maps shall conform to City standards and procedures. Resolution No. P 82-35 TTM 82-03 Page 10 4e An open space easement be granted to the City over, upon, across and under the area defined on the final maps as an equestrian 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. 5e Dedicate the Master Planned Equestrian/Pedestrian trails to the satisfaction of the Directors of the Departments of Public and Community Services in accordance with the Master Plan of Trails Element along the west side of Tierra Bonita and South side of Twin Peaks Road. 6. Ail provisions of Subdivision Ordinance of the Poway City Code shall be met as they relate to the division of land. 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. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 27th day of July, 1982. Mary She~rdson ,/Mayo~ - ATTEST: Marjoriel~. Wahlsten, City Clerk