Res P-83-19RESOLUTION NO. P-83-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 81-06
ASSESSOR'S PARCEL NUMBER 277-020-10
WHEREAS, Tentative Parcel Map No. 81-06, hereinafter "Map" submitted by
Erb Engineering, Inc., 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 Northwest Quarter of the Southwest Quater of
Section 17, Township 13, South, Range 1 West, San Bernadino Meridian into
four (4) lots, regularly came before the City Council for public hearing
and action on April 12, 1983;
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. 81-06 and the Map thereof:
The tentative tract is consistent with all applicable interim
and proposed general and specific plans because the proposed
lot sizes meet the minimum slope requirements of the existing
land use element. 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 this future adopted General Plan if the use
proposed is ultimately inconsistent with the new General
Plan.
The design or improvement of the tentative parcel is
consistent with all applicable interim and proposed general
and specific plans because the lot configurations, road and
drainage improvements are designed to meet the existing
requirements.
The site is physically suitable for the type and density of
development proposed because the low density, single family
detached character of the proposed division will not require
unnecessary grading, improvement or disruption of the
environment which can not otherwise be mitigated.
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The design of the subdivision is not likely to cause
substantial environmental damage and avoidable injury to
humans and wildlife or their habitat because minimal
improvements are associated with the proposed development,
open space easements for the more sensitive areas of the
property and open-rail fencing are required.
The tentative parcel is not likely to cause serious public
health problems because all necessary utilities, facilities
and services will be available to serve the proposed project
at the time of completion.
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.
That this project will not create adverse impacts on the
environment and a Mitigated Negative Declaration is issued
to resolve potentially significant traffic/circulation,
flooding/drainage, flora/fauna, archaeology, energy,
geology/soils, grading, sewer, and water impacts per
conditions K-6 and I-1 to 5 for drainage, grading,
geology/soils, and energy, respectively.
Section 2:
Tentative Parcel Map No. 81-06, a copy of which is on file in the
Planning Services Department, is hereby approved subject to all of the
following conditions:
The Master Plan of Drainage Fee shall be paid, or guaranteed to be
paid by a secured agreement, prior to final map approval, at the
rate in effect at the time of payment.
2. The Traffic Mitigation Fees shall be paid prior to final map
approval, at the rate in effect at the time of payment.
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Fees in-lieu of parkland dedication shall be paid, or quaranteed
to be paid by a secured agreement, prior to final map approval, at
the rate in effect at the time of payment.
School Fees shall be paid, or a covenant shall be executed and
noted on the final map guaranteeing its eventual payment, in a
form and manner approved by the City Council, prior to final map
approval.
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10.
11.
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12.
13.
Fire Protection Fees shall be paid in accordance with City
requirments and to the satisfaction of the Director of
Administrative Services, prior to final map approval, at the rate
in effect at the time of payment.
Old Coach Road, westerly from Big Bucks Way to the end of the City
maintained portion of Old Coach Road, shall be improved to
nondedicated rural collector standards. It shall be graded to a
width of 38 feet and paved to a width of 26 feet with a standard
asphalt surface.
Big Bucks Way, easterly from Old Coach Road to the east boundary
line of TPM 81-06, shall be improved to nondedicated rural local
street standards. It shall be graded to a width of 32 feet and
paved to a width of 20 feet with a standard asphalt surface.
The shared private access road along the west boundary of TPM
81-06 and its easterly extension to Parcel 2, shall be improved to
nondedicated rural local street standards. It shall be graded to
a width of 32 feet and paved to a width of 20 feet with a standard
asphalt surface and its terminus shall be improved with a minimum
30 foot radius turn around area.
The lines of inundation of the 100 year flood condition along
Thompson Creek shall be computed and shown on the final map,
labeled "Subject to Inundation by a 100 Year Flood."
Each parcel shall have a flood free building envelope, and all
buildings and improvements shall be located 100 feet away from the
inundation lines delineated on the final map, except for any
pertinent drainage structures.
No septic system or subsurface waste disposal shall occur nearer
than 10 feet above the lines of inundation delineated on the final
map.
On-site roads, access easements and driveways shall be located
outside of the lines of inundation delineated on the final map,
except at watercourse crossings, where 100 year crossing
protection should be provided to the satisfaction of the City
Engineer.
Biological and archaeological resources identified in the Expanded
Initial Study shall be clearly depicted on the final map. Prior
to the issuance of any development permits by any municipal
department, the following tasks shall be performed by a qualified
archaeologist:
Resolution No. P-83-19
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14.
15.
The area around the bedrock milling be cleared of all surface
vegetation to facilitate ground surface inspection for
artifacts. The area to be cleared will be at the descretion of
archaeologist investigating, except trees with a diameter of six
or more inches shall be saved where possible.
Ail surface artifacts and prominent ground features and trees be
mapped.
A minimum of two one meter by one meter units be excavated to
determine site. depth and content.
The above information be presented in a report to the City of
Poway Planning Services Department and filed with the San Diego
Museum of Man.
The applicant shall record, or cause to be recorded, prior to
final map approval, an irrevocable offer of dedication and/or an
open space easement for the oak-riparian woodlands along Thompson
Creek, including the milling/habitation area identified in the
Expanded Initial Study, within the lines of inundation of a 100
year flood condition and/or the tree drip lines, whichever is
greater. This open space easement shall be clearly noted on the
final map and shall be protected from disruption for all times,
except as otherwise stated in this resolution.
The applicant shall record, or cause to be recorded, prior to
final map approval, an irrevocable offer of dedication and/or an
open space easement for the steep slopes of the canyon walls on
the north side of the subject property, on Parcels 1 and 2 of the
tentative map, beginning on the west boundary line of the subject
map at approximately elevation 800 and following that contour
easterly to a point in the middle of Parcel 2, then directly east
to the eastern boundary of the project to match the proposed open
space easement of TPM 82-06. This open space easement shall
protect for all times the natural rock outcroppings, the sensitive
vegetation, the boulder upon which there is existing rock art, and
wildlife access between and through the proposed parcels to the
creek and to natural habitation and hunting areas, as identified
in the Expanded Initial Study. This open space easement, and all
known sensitive resources within this easement, shall be clearly
depicted and noted on the final map and will necessitate
relocation of building pads on Parcels 1 and 2.
16.
17.
18.
19.
20.
21.
22.
23.
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A minimum 30 foot buffer area shall be established as open space
on all sides of both archaeological resource sites, in addition to
the limits of the open space easements referred to in conditions
14 and 15 of this resolution for the protection of these cultural
resources; where necessary, this additional buffer shall be
treated as an extension of the respective open space area.
Open-rail or similar type fencing shall be used in all cases,
except within the building envelope or other private space
extensions of the residential structure to allow for animal
passage, to the satisfaction of the Director of Planning
Services.
Clearing activities and/or grading shall be timed to avoid late
winter and spring reproductive periods of native flora and fauna;
this shall be noted on the final map, to the satisfaction of the
Director of Public Services.
Prior to final map approval, the applicant shall pay, or cause to
be paid, a prorata share of the cost of a future traffic signal,
equipped with an opticom or similar fire protection device, at the
intersection of Old Coach Raod and Espola Road. The amount shall
be determined by the City Engineer at the time of payment, based
upon the total traffic likely to be generated by this subdivision
as compared with the estimated average daily trips on Old Coach
P~ad.
Each residential dwelling unit shall be preplumbed to accommodate
a passive solar water heating system.
Development of each parcel shall be designed and improved so as
not to divert water into, or impede the natural water flow within,
the bed of Thompson Creek.
Each parcel shall be improved with a sewage disposal system that
meets all City and County Health Department standards, prior to
the issuance of a building permit on each respective parcel.
Prior to the approval of the final map, the applicant shall submit
on-site potable water calculations for each parcel in accordance
with City Resolution No. 294. Each parcel shall be provided with
an adequate potable water supply for the support of domestic use
and to provide fire protection. No planting of orchards of any
kind shall be allowed on any of the parcels unless the groundwater
study indicates that adequate groundwater exists to support that
use.
24.
25.
26.
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Page 6
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28.
29.
Prior to the issuance of any building permit, on a parcel by
parcel basis, all necessary water storage tanks and other fire
protection devices shall be installed, as required by the Director
of Safety Services and each structure shall be required to have
"class" A fire retardant roofing material.
To facilitate emergency ingress and egress, all access road
grading and improvements shall be completed prior to the issuance
of the first building permit on any of the proposed parcels.
Should a dead-end at the east end of Big Bucks Way be created at
any point, the applicant shall grade and improve a minimum 30 foot
radius a turnaround area with standard paving. This requirement
may be waived by the Director of Public Services if Big Bucks Way
is extended easterly or northerly from the turnaround area into
TPM 82-06 property at the same time Big Bucks Way is improved
through the TPM 81-06 property.
A private road maintenance agreement, in accordance with City
Ordinance No. 74, shall be executed prior to final map approval.
This agreement shall cover Old Coach Road, east of the end of the
publicly maintained portion, Big Bucks Way and the unnamed on-
site access roads.
The subdivider shall execute a covenant, which shall be recorded
and noted on the final map, agreeing for himself and for his
successors, not to oppose the formation of any assessment district
or any other special district formed for the expansion of the City
water and/or sewer facilities into the vicinity of the subject
property, and agreeing not to oppose connection to City water
and/or sewer facilities at such time as either should become
readily available.
The subdivider shall execute a covenant, which shall be recorded
and noted on the final map, agreeing for himself and for his
successors, not to oppose the formation of any assessment district
or any other special district formed for the improvement of Old
Coach Road, or any portion thereof, between Espola Road and the
end of the publicly maintained portion of Old Coach Road, and/or
the installation of drainage improvements along the above
referenced portion of Old Coach Road.
The subdivider shall furnish the City Engineer recorded
documentation and title information stating that the parcels
created are connected to a publicly maintained road by means of an
easement for road purposes and stating that the subdivider's
interests in any such off-site easement are transferable to any
potential buyer. Recordation data for all such private off-site
road easements shall be noted on the final map.
30.
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33.
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Page 7
An Irrevocable Offer of Dedication (IOD) shall be made to the City
of Poway for Big Bucks Way along the south boundary of TPM 81-06,
to a width of 40 feet. The private access road along the west
side of Parcels 4 and 1 and its extension easterly to Parcel 2
shall also be offered for dedication to a width of 40 feet.
Grades on Big Bucks Way and on Old Coach Road shall not exceed 15
percent, and grades on the private access roads and driveways to
individual parcels shall not exceed 20 percent, except where
dominant physical conditions, such as hillsides, streams and/or
rock formations, make these standards impractical, as approved by
the City Engineer.
Ail on- and off-site roads and driveways shall be designed and
improved to be well drained and shall be constructed within its
respective easement. The exact alignment of the on- and off-site
road improvements, private roads, driveways, and IOD's may vary
from that as shown on the tentative parcel map if needed to avoid
major grading, physical barriers, cultural or natural resources,
inundation areas, or other high conflict areas, subject to the
review and approval of the City Engineer. Equestrian/pedestrian
easements shall be improved at the same time road improvements
are installed.
Crossings of Thompson Creek or other watercourses in the vicinity
shall be located at the narrowest point, where practical, and
culverts shall be designed and installed so as to facilitate
access under 100 year storm conditions, to the satisfaction of the
City Engineer.
Prior to the construction of the roads, the subdivider shall
submit road improvement plans and profiles, prepared by a
registered civil engineer, showing the road and drainage
improvements, which shall be accompanied by supporting
calculations, hydrology studies and any other data needed by the
City Engineer to evaluate the plans.
Intersecting roadways and driveways, along portions of Old Coach
Road and Big Bucks Way that are to be improved, shall be
constructed, modified or relocated to provide intersections as
close to 90 degrees as possible, to the satisfaction of the City
Engineer. No skewed intersections or intersections offset by less
than 150 feet shall be permitted on- or off-site.
Ail roadside appurtenances and structures, such as culverts and
driveways, shall be adequately delineated and marked to provide
nighttime visibility.
37.
38.
Resolution No. P-83-19
Page 8
The proposed driveway access to parcel 3 shall be provided from
the proposed private access road between TPM 81-06 and TPM 82-06,
unless TPM 82-06 is not approved by the City Council. Access to
each parcel created shall be limited to a single easement.
Improvement of the portions of Old Coach Road, Big Bucks Way, and
the on-site private access roads within the parcel map boundaries,
shall be guaranteed to be constructed by the execution of an
agreement, secured with bonds or other securities in a form
approved by the City Attorney, which shall require the
installation and completion of all roads and associated
improvements within two years from the recordation date of the
final map, or prior to the issuance of the first building permit
on any of the parcels, whichever occurs first. This agreement
shall be executed and securities shall be posted prior to final
map approval.
39.
The final map shall be designed in accordance with the minimum
lot size and slope criteria of the Multiple Rural (18) Land Use
classification, and the Limited Agricultural (A-70-4) zone. If
the Department of Public Services determines that the area of any
parcel is below the zoning minimum, the subdivider shall be
responsible for meeting the applicable requirements by lot
redesign, or other applicable technique prior to the recordation
of the parcel map.
40. This map shall expire on April 12, 1985, unless otherwise
extended pursuant to the City Subdivision Ordinance.
Section 3:
Tentative Parcel Map No. 81-06, 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:
A. 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.
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Resolution No. P-83-19
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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.
Street names shall be approved by the Planning Services
Department prior to the recordation of the final map.
PARKING AND VEHICULAR ACCESS No Conditions
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.
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.
Resolution No. P-83-19
Page 10
II.
F. ADDITIONAL APPROVALS REQUIRED
1. Development Review shall be accomplished prior to the
issuance of a Building Permit.
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.
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.
APPLICANT SHALL CONTACT THE BUILDING DIVISION REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G. 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.
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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.
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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 Department of
Planning Services.
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-83-19
Page 11
H. EXISTING STRUCTURES No Conditions
I. 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.
3. 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.
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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.
III. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
J. STREETS AND SIDEWALKS
Developer shall pay a pro-rata share for the installation or
modification of the traffic signals at Espola and Old Coach
Road.
2. 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.
3. Sidewalks on interior streets shall not be constructed.
4. Street striping and signing shall be installed to the
satisfaction of the Director of Public Services.
5. Ail street structural sections shall be submitted to, and
approved by the Director of Public Services.
Resolution No. P-83-19
Page 12
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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.
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.
DRAINAGE AND FLOOD CONTROL
The applicant will be responsible for construction of all
onsite 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.
The Master Plan of Drainage Fee shall be paid at the
established rate in accordance with the Drainage Ordinance.
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.
Developer shall be responsiblle for the relocation and
undergrounding of existing public utilities, as required.
Prior to the issuance of building permit the developer shall
pay the Bridge and Major Thoroughfare Construction Fee at the
established rate.
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Resolution No. P-83-19
Page 13
Cable Television services shall be provided and installed
underground. Developer shall notify the Cable company when
trenching for utilities is to be accomplished.
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.
Final parcel and tract maps shall conform to City standards and
procedures.
By separate document prior to the recording of the final
subdivision map, or on the final subdivision map, there shall be
granted to the City, an open space easement over Lots 1 and 2.
Said open space easement shall be approved as to form by the City
Attorney and shall limit the use of said open space to natural
environmental conditions, no other development shall occur except
open rail fence.
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.
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.
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