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Res P-83-18RESOLUTION NO. P-83-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 17358 ASSESSOR'S PARCEL NUMBER 278-200-16 and 321-110-03 WHEREAS, Tentative Parcel Map No. 17358, hereinafter "Map," submitted by Executive Real Estate Investment Club, applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described as a portion of the south half of the southeast quarter of Section 33, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the United States Government survey approved November 19, 1980, together with portions of Lot 1 (the northeast quarter of the northeast quarter) and Lot 2 (northwest quarter of the northeast quarter) of Section 4, Township 14 south, Range 1 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the United States Government survey approved February 24, 1876, into four (4) lots, regularly came before the City Council for public hearing and action on November 23, 1982, and April 12, 1983; and 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 Parcel No. 17358 and the Map thereof: ae The tentative tract is consistent with all applicable interim and proposed general and specific plans because the map proposes lot sizes consistent with the multiple rural slope and area criteria. Although not consistent with the intensity of residential development proposed by the new General Plan, there is little or no probability of substantial detriment or interference with the future adopted General Plan if the use proposed is ultimately inconsistent with the new General Plan. The design or improvements of the tentative parcel are consistent with all applicable interim and proposed general and specific plans because required improvements meet those specified by the General Plan for rural development. Resolution P-83-18 Page 2 The site is physically suitable for the type of development proposed because parcel sizes of 8 to 72 acres provide many potential homesites and soil stabilization methods will be employed. The site is physically suitable for the density of development proposed because very low density residential development is proposed. ee The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat because potentially significant environmental impacts will be mitigated by conditions of approval. The tentative parcel is not likely to cause serious public health problems because water supply and sewage disposal have been approved by the Health department. The design of the tentative parcel will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. h. That this project will not create adverse impacts on the environment and a Mitigated Negative Declaration is issued. Section 2: Tentative Parcel Map No. 17358, a copy of which is on file in the Planning Services office, is hereby approved subject to all of the conditions: On-site road easements shall be irrevocably offered for dedication to a width of 52 feet in accordance with the City's Dedicated Rural Street Standards, except Street B east of Street A which shall be irrevocably offered for dedication to a width of 40 feet in accordance with the City's Nondedicated Rural Street Standards. 2e Street A shall be improved to a width of 24 feet from Highway 67 to the south boundary of Parcel 1 and Street C shall be improved to the same width from Street A to the east line of Parcel 3. Turnarounds acceptable to the Director of Safety and Public Services shall be provided at the terminus of each road. Construction of the roads within Parcel 1 may be deferred until further division of that parcel, as may improvements to Street C along the mutual boundary of Parcel 2 and 3 when development on lands to south or west necessitate its extension. Resolution P-83-18 Page 3 4e Angle points shown on the easements shall be replaced with curved easement alignments and the centerllne radius shall not be less than 150 feet. 5. A road maintenance agreement shall be executed prior to final map approval. 6. Prior to final map approval, park fees shall be paid at the established rate. 7e Ail off-site easements owned in fee by the applicant shall be irrevocably offered for dedication to the City, prior to final map approval. Equestrian/Pedestrian trails shall be dedicated to the City of Poway within all off-site and on-site easements owned in fee by the applicant to the satisfaction of the City Engineer and prior to final map approval and improved at the time road improvements are installed. A water storage facility shall be installed upon each lot prior to issuance of building permit and to the satisfaction of the departments of Public and Safety Services. 10. Construction on any of the parcels shall be limited to one single family residential unit. No planting of orchards of any kind shall be allowed on any of the parcels. Any subsequent request to divide the three larger parcels will require a groundwater study prior to approval of the tentative map. 11. A sewage disposal system shall be installed on each parcel subject to the City of Poway and the Health Department approval, prior to the issuance of building permit. A covenant requiring said system shall be recorded concurrently with the final parcel map. 12. Improvements of on-site and off-site roadways may be deferred by the execution of a performance agreement, secured with sufficient bonds, in a form approved by the City Attorney. Said agreement shall require the improvement of the entire on- and off-site roadway system (including the construction of necessary sewer, water drainage and utility improvements) within two years from the date of recordation of the final map or prior to the issuance of any building permit on any parcel, whichever occurs first. This agreement shall be executed prior to final map approval. Resolution P-83-18 Page 4 13. 14. 15. 16. 17. 18. 19. Ail major rock outcroppings and boulders shall remain undisturbed and natural brush should be left surrounding them to a width of at least 30 feet to the satisfaction of the Director of Planning Services. The hilltops and slopes located on Parcel I shall remain undisturbed above the 1615 foot elevation to the satisfaction of the Director of Planning Services. The bird guzzler located on Parcel 2 shall be maintained and left undisturbed. An indepth archaelogical study shall be conducted on Parcel 1 when further division of that parcel is proposed. An open space easement shall be granted and shown on the final map over the northeastern corner of Parcel 1 to protect the oak woodlands and rock outcroppings in that area to the satisfaction of the Directors of Public and Planning Services. The two north/south road easements on Parcel I which are not to be used should be abandoned and alternative access easements based on the traveled roadways shall be granted to any affected property owners as necessary. This tentative parcel map shall expire on April 12, 1985, unless a request for time extension is applied for and approved in accordance with applicable sections of the City's Subdivision Ordinance. Section 3: Tentative Parcel Map No. 17358, a copy of which is on file in the Planning Services Office, is hereby approved, subject to the following Standard Conditions: I. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2e SITE DEVELOPMENT Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at time of Building Permit issuance. Resolution P-83-18 Page 5 Se 2e The developer shall provide a minimum of 25% of the lots with adequate sideyard area for Recreation Vehicle storage pursuant to City standards and the C.C. & R. shall prohibit the storage of recreational vehicles in the required front yard setback. Prior to any use of the project site or business activity being co~enced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. Street names shall be approved by the Planning Services Department prior to the recordation of the final map. PARKING AND VEHICULAR ACCESS Emergency access shall be provided, maintained free and clear, a minimum of 24 feet wide at all times during construction in accordance with Safety Services Department requirements. LANDSCAPING A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to the issuance of building permits and prior to grading, to determine which trees shall be retained. Existing on-site trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department during the review of the Master Plan of Existing On-Site Trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. SIGNS No Conditions RECREATION The developer is required on lots having a private or public equestrian/pedestrian/ 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. Resolution P-83-18 Page 6 II. 2e The developer shall improve and maintain, or cause to be maintained, the equestrian/pedestrian/ trail system in accordance with the adopted design standards and to the satisfaction of the Directors of Public and Planning Services. F. ADDITIONAL APPROVALS REQUIRED 1. Development Review shall be accomplished prior to the issuance of a Building Permit. APPLICANT SHALL CONTACT THE BUILDING DIVISION COMPLIANCE WITH THE FOLLOWING CONDITIONS: Ge 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. 4. Street addresses shall be provided by Planning Services. H. EXISTING STRUCTURES No Conditions I. GRADING 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. Resolution P-83-18 Page 7 III. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3e A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. STREETS AND SIDEWALKS 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. 2. Ail street structural sections shall be submitted to, and approved by the Director of Public Services. 3e 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. K. DRAINAGE AND FLOOD CONTROL The applicant will be responsible for construction of all onsite drainage facilities required by the Director of Public Services. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance, upon the issuance of building permits for each parcel. L. UTILITIES Ail proposed utilities within the project shall be installed underground including utilities along Circulation Element roads and/or highways less than 34.5 KV. Utility easements shall be provided to the specification of the serving utility companies and the Director of Public Services. Water and sewer and fire protection 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. Prior to the issuance of building permit the developer shall pay the Bridge and Major Thoroughfare Construction Fee at the established rate. Resolution P-83-18 Page 8 M. GENERAL REQUIREMENTS AND APPROVALS 1. Final parcel and tract maps shall conform to City standards and procedures. 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. 3e 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. 4. Ail provisions of Subdivision Ordinance of the Poway City Code shall be met as they relate to the division of land. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 12th day of April, 1983. Linda Oravec~Mayor ATTEST: ~jorl. o'~K. Wahlsten,