Res P-83-32RESOLUTION NO. P-83-32
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 83-02
ASSESSOR'S PARCEL NUMBER 323-071-07, 08, 09, and 323-080-01
WHEREAS, Tentative Tract Map No. 83-02, hereinafter "Map" submitted by
Richard L. Kuebler, 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 NE Quarter, Section 17, Township 14S, Range 1
west, San Bernardino Merdian, County of San Diego, State of California into
166 lots, regularly came before the City Council for public hearing and action
on June 7, 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 l: Findings:
The City Council makes the following findings in regard to Tentative
Tract No. 83-02 and the Map thereof:
The tentative tract is consistent with all applicable interim and
proposed general and specific plans, because it meets requirements
of Specific Plan 79-07.
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The design or improvement of the tentative tract is consistent
with all applicable interim and proposed general and specific
plans, because it meets requirements of Specific Plan 79-07.
The site is physically suitable for the type of development
proposed, because natural slopes will be respected with lower
densities to be placed on the perimeter of the site.
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The site is physically suitable for the density of the development
proposed, because natural slopes will be respected with lower
densities to be placed on the perimeter of the site.
The design of the subdivision is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife
or their habitat, because conditions for mitigation of
environmental impacts have been included.
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The tentative tract is not likely to cause serious public health
problems, because public facilities and services will be
provided.
Resolution No. P-83-32
Page 2
The design of the tentative tract will not conflict with any
easement acquired by the public at large, now of record, for
access through or use of the property within the proposed
subdivision.
That this project will not create adverse impacts on the
environment and the previously certified Environmental Impact
Report for the Avocado Glen Specific Plan covers this project.
Section 2:
Tentative Tract Map No. 83-02, a copy of which is on file in the
Planning Services office, is hereby approved subject to all of the
following conditions:
Street A shall be dedicated and improved to urban local collecter
standards with a irrevocable offer of dedication (IOD) for an
ultimate width of 84 feet. The IOD shall also apply to
that portion of the private easement and a future secondary
arterial under the subdivider's control with an alignment to the
satisfaction of the City Engineer. A modified City standard
knuckle intersection shall be dedicated and improved at the
intersection of Street A and Street B.
Street B from Street A to Street C shall be dedicated and
improved to urban local collecter standards. The balance of
Street B and all of Street K shall be dedicated to a width of 46
feet except where the road crosses the creek at the east end of
the tract where dedication shall be to a width of 60 feet.
3. Ail cul-de-sacs and Street C shall be dedicated and improved to
urban local standards.
4. A City standard knuckle shall be dedicated and improved at the
east end of K street.
The off-site road easements connecting Garden Road to the tract
shall be dedicated prior to final map to assure public access to
the development and shall include slope rights.
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Ail property line returns shall have a minimum 20 foot radius and
cul-de-sac radii shall be 46 feet. Curb returns shall have a
minimum 30 foot radius with 38 foot radius for cul-de-sacs.
Flag lots shall have a minimum 30 foot flag and shall be improved
to a width of 24 feet to the satisfaction of the City Engineer.
Lots adjacent to flags shall take access from a common drive
within the flag.
8. On Streets B and K, sidewalk shall be constructed on the lot side
~ only.
Resolution No. P-83-32
Page 3
The minimu~ centerline radius for Streets A, B, and K shall be
300 feet, and the minimum centerline radius on all other streets
shall be 200 feet.
10. Off-site sidewalks shall be installed as follows:
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Asphalt sidewalks five feet in width with asphalt curbing
shall be installed on the north side of Garden Road from
Neddick Ave. 230 feet westerly, and from the Poway Creek
crossing easterly to Street A.
P.C.C. sidewalks five feet in width shall be installed along
the south side of Garden Road from 100 east of Acton Ave.
westerly to 170 feet east of Neddick Ave.
Any minor drainage problems that may result from grading for
the walkways shall be corrected by the subdivider.
Additionally, the subdivider shall clear obstructions from
the parkway as required and install pedestrian ramps at curb
returns (Acton Ave., Standish Dr., and Neddick Ave.).
The two crossings of Poway Creek shall be constructed to 100-year
flood capacity. However, construction of the easterly bridge may
be delayed until development of the phases on the south side of
Poway Creek. Prior to that development, a dip section or other
type of crossing acceptable to the City Engineer shall be provided
for emergency secondary access. The Street A culvert shall be
constructed wide enough to accommodate a 40 foot wide roadway and
a 5 foot sidewalk on one side. It shall be designed and located
so that this structure may be extended or widened at such time
Street A is widened to ultimate width. The Street K crossing
shall be similarly constructed to accommodate a 36 foot roadway
and five foot sidewalk.
Channel grading to the satisfaction of the City En~
accomplished below the Street A culvert to transit~
flow into the downstream channel.
The property line of the dam site and the inundati¢
the retention basin shall be shown on the final ma]
Access road easements shall be granted to the City
the City Engineer for access to the dam and retent~
These shall be located to provide access to the d~
side of the creek. Prior to final map approval, ti
shall enter into an agreement with the City to pro,
with a suitable easement for an access road to the
ineer shall be
~n the creek
easement for
s required by
on basin.
from each
e subdivider
ide the City
dam from the
present end of Garden Road at such time as the dam and retention
basin are constructed. This easement would be granted only if
streets shown on the tentative map are not dedicated or improved
at the time the dam and basin construction is commenced.
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Resolution No. P-83-32
Page 4
Portions of street right-of-way along the Garden Road extension
(Street A) must be obtained from other property owners. The
subdivider shall be responsible for obtaining all such right-of-
way at no expense to the City prior to Final Map Approval. If
the subdivider is unable to obtain such easements prior to Final
Map Approval, he shall enter into an agreement with the City
wherein the City will obtain the needed easements through
eminent domain proceedings, all at the subdivider's expense.
The drainage lot along Poway Creek within the tract boundary and
the slopes separating the small and large lots on both sides of
the creek shall be given lettered lot designators and shall be
irrevocably offered as dedicated open space and for flowage
easement purposes. The developer shall require the property
owners to participate in a maintenance district for landscaping,
drainage, and slopes on the lettered lots. The costs involved in
district formation shall be borne by the developer.
Lot configurations for Lots 129 and 133 shall be clarified on the
Final Map, in relation to each other, the dam site, and the tract
boundary.
If the tentative map will be filed in increments, requirements for
incremental dedications and improvements shall be in accordance
with the City's Subdivision Ordinance.
The grading plan and geologic and soils investigations, for the
development shall focus particularly on all large slopes which
require improvement with interceptor drains and terraces. These
slopes shall be improved in accordance with the City Grading
Ordinance and shall be no higher than sixty (60) feet. Contour
grading shall be utilized.
Any grading within the creek area shall be accomplished to the
satisfaction of the City Engineer.
Some upper portions of the tract may require water pumping
facilities and, prior to final map approval, an engineering study
shall be performed by the developer's engineer to determine what
facilities are needed. Any necessary easements shall be granted
as required by the City Engineer.
Because of previous drainage improvements and dedications made by
the subdivider, drainage fees are waived on all units of this
map.
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Resolution No. P-83-32
Page 5
Prior to final map approval, the subdivider shall pay traffic
mitigation fees to the City in the amount of $61,520. ($37 per
each of 166 units). ~ditional traffic fees, in the amount of
$36,540, shall be paid to the City not later than two years
following recordation of the final map, or if the map is recorded
in phases, then not later than two years after the recording of
the final map of the first phase.
A traffic signal contribution of $3,480 shall be paid to the City
prior to final approval of the final map.
Park fees shall be paid, prior to final map approval, in the
amount of $33,200 ($200 per each of 166 units).
Subdivider shall amend his agreement with Poway Unified School
District with regard to payment of school impact mitigation fees.
The amendment shall provide for fees to be paid in an amount
equivalent to the single family dwelling rate in effect at the
time of issuance of the letter of availability for the Major Use
Permit (P 79-019) which pertained to a mobile home subdivision.
Prior to final map approval, the subdivider's engineer shall
prepare a comprehensive hydrology and hydraulics study to the
satisfaction of the City Engineer. A storm drain system as
required to collect and dispose of on- and off-site runoff shall
be constructed. Drainage easements shall be dedicated as
required by the City Engineer.
28. Prior to final map approval the following shall be accomplished:
Record the two archaeological sites at the California
Archaeological site survey with "SDi" numbers and submit
those numbers to the satisfaction of the Director of Planning
Services.
Record the cemetary at SDM-1830 with the coroner of the
County of San Diego and prepare copies of an open space
easement around the chain link fence at the cemetary to the
satisfaction of the Director of Public Services. That
easement shall contain language which precludes removal of
the tombstones or chain link fence and allows public access
for purposes of honoring the deceased.
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Resolution No. P-83-32
Page 6
The lot configuration of the tentative tract map shall be revised
in accordance with Attachment 5 of the staff report to the
satisfaction of the Directors of Planning and Public Services and
shall reflect state of the art drawing including, but not
limited to:
a. Property lines
b. Street widths
c. Grade of streets
d. Property drawn flag lots
e. Labeling of all easements
f. Grading in accordance with City Grading Ordinance and good
grading practices.
Additional design modifications shall be incorporated to include
open space easements on the large perimeter lots, flag lots
increased to 36 feet in width to allow parking, and the use of
large lots on the western boundary of the property to achieve a
transition from small to large lots at the property's perimeter.
Prior to final map approval, all of the above improvements and
requirements may be deferred by guaranteeing installation within
two years from map recordation or prior to building permit
issuance, by the execution of a performance agreement, secured
with sufficient bonds, in a form approved by the City Attorney.
All necessary processing fees, deposits, and charges shall be
paid prior to final map approval.
Within sixty (60) days of said approval the tentative map shall be
revised and presented to the City Council to meet the
requirements of said approval as recommended by staff and
approved by the Council. If the revised tentative tract map
design does not conform to the City Council's resolution of
conditional approval relative to the tentative approval, the City
Council reserves the right to disapprove said map and order a
redesign as necessary to bring the revised map into accordance
with the original City Council's resolution. If this condition
is not met within sixty (60) days, the approval shall become null
and void.
This Tentative Tract Map shall expire on June 7, 1985, unless the
subdivider requires a time extension 30 days prior to expiration
in accordance with the City's Subdivision Ordinance. Time
extensions totaling three (3) years shall be granted in
accordance with State Law and City Ordinance.
Resolution No. P-83-32
Page 7
Section 3:
Tentative Tract Map No. 83-02, a copy of which is on file in the
Planning Services office, is hereby approved subject to the following
Standard Conditions:
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. SITE DEVELOPMENT
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.
Mail boxes, in areas where sidewalks are required, shall be
installed and located by the developer subject to approval by the
Planning Services Department.
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The developer shall integrate a variety of approved roof materials
and colors into the design of the residential development in a
manner which is both compatible and complementary among each of
the residential units.
Prior to any use of the project site or business activity being
commenced 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.
B. 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.
C. LANDSCAPING
A detailed landscape and irrigation plan shall be submitted to and
approved by the Planning Services Department prior to the issuance
of building permits.
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.
Resolution No. P-83-32
Page 8
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Existing on-site trees shall be retained wherever possible and
shall be trimed 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.
Street trees, a minimum of 15 gallon size or larger, shall be
installed in accordance with the Master Plan of street trees for
the City of Poway and shall be planted at an average of every 30
feet on interior streets and 20 feet on exterior streets.
Ail landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed in
conformance with the Sign Ordinance and shall require review and
approval by the City Council.
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 under-
stand 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.
ADDITIONAL APPROVALS REQUIRED
Development Review shall be accomplished prior to the issuance of
a Building Permit.
The developer shall display a current Zoning and Land Use Map in
the sales office at all times, and/or suitable alternative to the
satisfaction of the Director of Planning Services.
When public or private equestrian/pedestrian/ 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.
Resolution No. P-83-32
Page 9
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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 Build-
ing 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 construc-
tion, 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 Planning Services
Department.
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. G~%DING
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Grading of the subject property shall be in accordance with the
Uniform Building Code, City Grading Standards and accepted grading
practices.
The grading plan shall contain a certificate signed by a
registered civil engineer that the grading plan has preserved a
minimum of 100 square feet of solar access for each dwelling unit
and for each future building site within the subdivision.
A soils report shall be prepared by a qualified engineer licensed
by the State of California to perform such work.
Resolution No. P-83-32
Page 10
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A geological report shall be prepared by a qualified engineer or
geologist and submitted at the time of application for grading
plan check.
The final grading plan shall be subject to review and approval by
the Planning Services and Public Services Departments and shall be
completed prior to recordation of the final subdivision map or
issuance of building permit whichever comes first.
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
J. STREETS AND SIDEWALKS
1. Ail interior and exterior public streets shall be constructed to
public street standards.
2. Private roads shall be approved by the Director of Public Services
and shall be maintained in accordance with Ordinance 74.
Reciprocal easements shall be provided insuring access to all
parcels over private roads, drives or parking areas to the satis-
faction of the Director of Public Services.
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.
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.
All damaged off-site public works facilities, including parkway
trees, shall be repaired or replaced prior to exoneration of bonds
and improvements, to the satisfaction of the Department of Public
Services.
Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Public Services
Office and appropriate fees paid, in addition to any other permits
required.
K. DRAINAGE AND FLOOD CONTROL
1. The applicant will be responsible for construction of all onsite
drainage facilities required by the Director of Public Services.
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Resolution No. P-83-32
Page 11
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.
Portland cement concrete cross gutters to be installed where water
crosses the roadways.
Concentrated flows across driveways and/or sidewalks shall not be
permited.
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.
Water, 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 (a letter of
availability from the sewer division will be required prior to
recordation or issuance of a building permit whichever comes
first.
Prior to acceptance of property for sewer service, annexation to
the sewer improvement District shall occur.
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Developer shall construct a light system conforming to City of
Poway Standards at no cost to the public, subject to the
following:
a. Cut-off luminaries shall be installed which will prove true
90 degree cutoff and prevent projection of light above the
horizontal from the lowest point of the lamp or light emit-
ting refractor or device.
All fixtures shall use a clear, low pressure sodium vapor
light source.
Advance energy charge shall be paid by the developer.
No mercury vapor, quartz, metal halide or diffuse coated high
pressure sodium lamps shall be installed.
Annexation to street lighting district.
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Resolution No. P-83-32
Page 12
Cable Television services shall be provided and installed under-
ground. Developer shall notify the Cable company when trenching
for utilities is to be accomplished.
M. GENEi~AL REQUIREMENTS AND APPROVALS
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A copy of the Covenants, Conditions and Restrictions (CC&R's)
and/or Articles of Incorporation of the Homeowners Association,
shall be subject to the review for compliance with conditions
herein, to the satisfaction of the City Attorney and Director of
Planning Services, and shall be filed with the Secretary of State,
the County Recorder and the City Clerk at the time of Final Map
consideration.
Prior to recordation, a Notice of Intention to form Landscape and
Drainage Districts shall be filed with the City Council. The
engineering costs involved in District Formation shall be borne by
the developer.
Final parcel and tract maps shall conform to City standards and
procedures.
By separate document prior to the recording of the final subdivis-
ion map, or on the final subdivision map, there shall be granted
to the City, an open space easement over Lots A, B, C. Said open
space easement shall be approved as to form by the City Attorney
and shall limit the use of said open space to recreational
purposes, including buildings, structures and improvements.
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 con-
structed, 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 7th day of June, 1983.
Linda L. 0ravec, M~yor
ATTEST:
Marjor%!e K. Wahlsten, City Cle K