Res P-83-20RESOLUTION NO. P-83-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 82-06
ASSESSOR'S PARCEL NUMBER 277-020-11
WHEREAS, Tentative Parcel Map No. 82-06, 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 northeast quarter of the southeast quarter of
Section 17, Township 13 South, Range 1 West, San Bernardino Meridan into
four (4) lots, regularly came before the City Council for public hearing
and action on 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. 82-06 and the Map thereof:
The tentative parcel is consistent with all applicable interim and
proposed general and specific plans because the proposed lot sizes
meet the 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 of interference with the
future adopted General Plan if the use proposed is ultimately
inconsistent with the new General Plan.
The design or improvements of 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 local requirements.
Resolution No. P-83-20
Page 2
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 improvements or disruption of the environment
which cannot otherwise be mitigated.
de
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 minimal improvements are associated with
the proposed development and open space easements for the more
sensitive areas of the property and open rail fencing is 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.
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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.
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That this project will not create adverse impacts on the
environment and a Mitigated Negative Declaration is issued to
mitigate potentially significant traffic/circulation,
flooding/drainage, flora/fauna, archaeology, energy, geology/soils,
sewer and water impacts per conditions 1 through 26 of Section 2
and Standard Conditions K-6, and I-1 to 5 for drainage, grading,
geology, soils and energy respectively.
SECTION 2: Tentative Parcel Map No. 82-06, a copy of which is on file
in the Planning Services office, 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. approval, at the rate in effect at the time of payment.
The Traffic Mitigation Fee~ shall be paid prior to final map
3. Fees in-lieu of parkland d~dication 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.
10.
11.
12.
Resolution No. P-83-20
Page 3
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.
Fire protection fees shall be paid in accordance with City
requirements 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 non-
dedicated 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 west boundary
line of TPM 82-06, shall be improved to non-dedicated rural local
street standards. It shall be graded to a width of 32 feet and
paved to a width of 20 feet with an standard asphalt surface.
The shared private access road along the west boundary of TPM 82-06
and its easterly extension to Parcel 4, shall be improved to non-
dedicated 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 turnaround 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 devices or 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
shall be provided to the satisfaction of the City Engineer.
Resolution No. P-83-20
Page 4
13. Biological and archaeological surveys shall be conducted and identified
resources shall be clearly depicted on the final map. Prior to the
issuance of any development permits by any municipal department,
identified archaeological resources shall be further studied by a
qualified archaeologist, as follows:
a. The area, if necessary, shall be cleared of all surface vegetation to
facilitate ground surface inspection for artifacts. The area to be
cleared will be up to the archaeologist investigating, except trees with
a diameter of six or more inches shall be saved where possible.
b. The area will be mapped, drawn and photographed.
c. Ail surface artifacts and prominent ground features and trees shall be
mapped.
d. A minimum of two one meter by one meter units be excavated to
determine site depth and content, if necessary.
e. The above information be presented in a report to the City of Poway
Planning Department and filed with the San Diego Museum of Man.
14.
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, 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.
15.
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 4 of the tentative map, beginning
on the west boundary line of the subject map at approximately elevation
750 and following that contour to the middle of Parcel 1, then
intercepting the 800 foot contour at the eastern boundary of Parcel 1 and
following that contour to the eastern boundary of the subdivision. A
similar easement shall be provided on the south side of the subject
property on and above the 900 foot elevation line, across parcels 2, 3,
and 4. These open space easements shall protect for all times the
natural rock outcropings, the sensitive vegetation, and wildlife access
between and through the proposed parcels to the creek and to natural
habitation and hunting areas. These open space easements, and all known
sensitive resources within these easements, shall be clearly depicted and
noted on the final map.
16.
17.
18.
Resolution No. P-83-20
Page 5
19.
20.
21.
22.
23.
A minimum 30 foot buffer area shall be established as open space on
all sides of any archaeological resource identified on the sites,
in addition to the limits of other 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 a 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.
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.
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,
equiped with an Opticom or similar fire protection device, at the
intersection of Old Coach PDad and Espola PDad. 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
BDad.
Each residential dwelling unit shall be designed to accommodate a
passive solar system and shall have solar plumbing installed at the
time of construction.
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 a
adequate portable water supply for the support of domestic use and
to provide for 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.
Resolution No. P-83-20
Page 6
24.
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.
25.
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
turnaround area with standard paving. This requirement may be
waived by the Director of Public Services if Big Bucks Way is
extended northerly from the turnaround area.
26.
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.
27.
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 at such time as either should become
readily available.
28.
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 BDad, 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.
29.
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.
Resolution No. P-83-20
Page 7
30.
31.
32.
33.
34.
35.
36.
An Irrevocable Offer of Dedication (I.O.D.) shall be made to the
City of Poway for any easterly extension of Big Bucks Way, and
along the access road along the west side of TPM 82-06, to a width
of 40 feet. The easterly extension of the private access road to
Parcel 4 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
fifteen percent, and grades on the private access roads and
driveways to individual parcels shall not exceed twenty 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 I.O.D.'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 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 ninety 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.
Resolution No. P-83-20
Page 8
37.
A driveway access to Parcel 3 of TPM 81-06 shall be provided from the
proposed private access road between TPM 81-06 and TPM 82-06. Access
to each parcel created shall be limited to a single easement.
38.
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 tbe 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.
Prior to final map approval, the applicant shall submit a revised
tentative parcel map to the Director of Planning Services, showing the
reconfiguration of the proposed lot lines. The final map shall be
designed in accordance with the minimum lot size and the slope
criteria of the Multiple Rural (18) Land Use classification, and the
Holding Area (S-90-8) 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. Each lot shall have a minimum of
two (2) acres of net area with a slope of less than 25 percent.
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:
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
conditions contained heerein.
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Resolution No. P-83-20
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-83-20
Page 10
F. ADDITIONAL APPROVALS REQUIRED
Development Review shall be accomplished prior to the
issuance of a Building Permit.
2e
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.
II. APPLICANT SHALL CONTACT THE BUILDING DIVISON REGARDING COMLIANCE
WITH THE FOLLOWING CONDITIONS:
G. SITE DEVELOPMENT
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 Department of Planning
Services.
4e
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.
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.
Resolution No. P-83-20
Page 11
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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.
II. 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 Road and Old Coach
Road.
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.
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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.
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.
Resolution No. P-83-20
Page 12
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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.
Cable Television services shall be provided and installed
underground. Developer shall notify the Cable company when
trenching for utilities is to be accomplished.
Me
Resolution No. P-83-20
Page 12
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.
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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 fences.
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.
6. 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.
ATTEST:
Mar!.~e ~K. Wahlsten,/Ci%y ~lerk ~
Linda Or-av-ec ,~a-yor --