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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. Resolution No. P-83-19 Page 2 de fe 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. 4e 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. 8e 10. 11. Resolution No. P-83-19 Page 3 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 Page 4 be Ce 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. Resolution No. P-83-19 Page 5 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. Resolution No. P-83-19 Page 6 27. 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. 31. 32. 33. 34. 35. 36. Resolution No. P-83-19 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. Be De 2e Resolution No. P-83-19 Page 9 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. 2e 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. 3e 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. 5e 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 Lo 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. 4e 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