Loading...
Res P-83-47RESOLUTION NO. P-83-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 4113 TIME EXTENSION ASSESSOR'S PARCEL NUMBER 314-032-02, 314-050-04, 12 and 314-371-03 WHEREAS, Tentative Tract Map No. 4113 Time Extension, hereinafter "Map" submitted by Standard Pacific of San Diego, applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described as 130 acres east of Pomerado Road North of Poway Road and northwest of Community Road into 202 lots, regularly came before the City Council for public hearing and action on July 26, 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 Tract No. 4113 TE and the Map thereof: ae The tentative tract is consistent with all applicable interim and proposed general and specific plans; as it provides for the continuance of residential development in the rural residential area and zone. be The design or improvement of the tentative tract is consistent with all applicable interim and proposed general and specific plans because the proposed improvements meet the General Plan requirements for residential development. The site is physically suitable for the type of development proposed because it is adjacent to similar residential development. The site is physically suitable for the density of the development proposed because it meets the minimum lot size requirements of the rural residential zone. eJ The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat because all significant environmental impacts have been mitigated. fe The tentative tract is not likely to cause serious public health problems, because water is available and adequate sewer systems can be provided. Resolution No. P-83-47 Page 2 g. 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. h. That this project will not create adverse impacts on the environment and an Environmental Impact Report has been previously issued with mitigation measures for traffic/circulation, archaeology, air quality, geology, hydrology, and noise. Section 2: Tentative Tract Map No. 4113 Time Extension, a copy of which is on file in the Planning Services office, is hereby approved subject to all of the following conditions: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; and The design of the subdivison or the type of improvements do not conflict with easements, acquired by the public at large, for access through, or use of property within the proposed subdivision, as defined under Section 66474 of the Government Code, State of California; and IT IS FOUND, DETERMINED AND CERTIFIED that the attached Environmental Impact Report has been completed in compliance with the California Environmental Quality Act and the State Guidelines and that your Council has reviewed and considered the information contained in said report dated March 19, 1981. IT IT FOUND, DETERMINED AND CERTIFIED in accordance with the attached Environmental Impact Report that TM4113 would have a significant impact on the environment but changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as indentified in the final Environmental Impact Report. NOW, THEREFORE, BE IT FURTHER RESOLVED, DETERMINED AND ORDERED as follows: A. Said tentative map is hereby approved pursuant to the City Subdivision Ordinance and no waiver of any requirement of said Ordinance is intended or implied except as specifically set forth in this resolution as follows: 1. Waive Section 5.1 (c) of Article V of the San Diego County Standards to allow knuckles at the intersections of Poway Hills Drive at Fieldview Way and Silverset Street at Shadowline Street. Resolution No. P-83-47 Page 3 B® 2® Waive Section 81.401 (j), which requires that the lot depth be no greater than three times the average width. Waive Section 81-403 (d) which would require the undergrounding of the existing 12 KV line which is presently supported on 69 KV poles located at the northeast boundary of the project. The approval of this tentative map expires on November 5, 1984 at 5:00 P.M. The final map or maps conforming to this conditionally approved tentative map shall be filed with the City Council in time so that said Council may approve the map before this approval expires unless prior to that date the City Council subsequently grants a one-year time extension for obtaining such approval of said final map or maps as provided by the City Subdivision Ordinance. The subdivider shall submit plans and specifications for improvements of all public streets, rights-of-way, drainage easements, culverts, drainage structures and drainage channels to the Department of Public Services for approval. Unless specifically waived herein, such plans and specifications shall provide for and be subject to the following condition letter 2 through 25: Street alignments and grades, including the change of any existing or proposed street alignment and grade, as required by the Director of Public Services. 40 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. Said drainage system shall include any easements and structures required by the Director of Public Services to properly handle the drainage. The improvement of all drainage easements by culvert or drainage channel of any adequate size, whichever is required by the Director of Public Services. Any required drainage channel shall be lined with a suitable material as specified by the Director of Public Services. All such drainage easements shall be monumented along property lines at locations approved by the Director or Public Services. An access easement shall be provided to each drainage system maintenance access point not directly accessible from a public roadway. Such access easement to be improved, fenced and aligned to the satisfaction of the Director of Public Services. Resolution No. P-83-47 Page 4 7e 10. 11. The installation (if required) of all, gas, electric, sewer, and water lines and any other below surface utilities to take place before the installation of any concrete curbs, gutters, and sidewalks, and the surfacing of the streets. Portland cement concrete cross gutters to be installed where water crosses the roadways. The exact depth of imported base material to be based on soil tests which have been approved by the Director of Public Services. Construct a light system conforming to City of Poway Standards at no cost to the public subject to the following: a.~ Cut-off luminaires 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 emitting refractor or device. b. Ail fixtures shall use a clear, low pressure sodium vapor light source. c. NO mercury vapor, quartz, metal halide or high pressure sodium lamps shall be installed. Sight distance requirements at all public street intersections to conform to the intersectional sight distance criteria as provided by the American Association to State Highway Officials in the publication "Geometric Design for Local Roads and Streets - 1971" or as revised. If the improvement plans show a need to excavate in any public road right-of-way, the developer shall place a cash deposit with the Director of Public Services to insure that any damage to the existing roadway is repaired in a timely manner. Improve Poway Hills Drive, Celestial Road, Pequot Drive, and all of Silverset Street (including the portion between Camino Del Norte and the knuckle at Shadowline Street) to a graded width of sixty (60) feet with forty (40) feet of A.C. pavement over approved base and P.C.C. curb, gutter, and sidewalks, with curbs at twenty (20) feet from centerline. No sidewalks will be required in Celestial Place. Sidewalks will be required on one side only of Celestrial Road, Pequot Drive and Silverset Street southerly of Camino Del Norte. Resolution No. P-83-47 Page 5 12. 13. 14. 15. 16. 17. 18. Improve the following roads offsite to a graded width of forty (40) feet with twenty-eight (28) feet of A.C. pavement on approved base and A.C. dikes at fourteen (14) feet from centerline. a. Fairtree ("K" Street) to Triumph Drive. b. Triumph Drive from the easterly boundary to Fairtree ("K" Street). The improvement of Camino del Norte (SA 680) to a graded width of 126 feet with 64 feet of A.C. pavement over approved base with P.C.C. curb, gutter, and sidewalk with curb at 32 feet from centerline. The improvement shall include a signed and striped bicycle lane within a "No Parking" area. The sidewalk shall be constructed at a location within the area to be dedicated to the satisfaction of the Director of Public Services. The improvement of the westerly extension of Camino del Norte (SA 680) to Pomerado Road to a graded width of 40 feet with 28 feet of A.C. pavement over approved base with A.C. dikes at 14 feet from centerline. The improvement shall include necessary drainage structures. The developer may at his option augment the minimum described improvements for the westerly extension of Camino del Norte (SA 680) to Pomerado Road by improvement of a graded width of 126 feet with 28 feet of A.C. pavement over approved base with A.C. dikes at 14 feet from centerline or with 64 feet of A.C. pavement over approved base with P.C.C. curb and gutter with the curb at 32 feet from centerline. A sidewalk may be constructed at a location within the area to be dedicated to the satisfaction of the Director of Public Services. Bonding shall only be required for 28 feet of pavement and a 40 foot graded width. The improvement shall include necessary drainage structures. Each building lot shall have a flood-free site for a residence. The building site shall be safe from the flood flow peak of a 100- year frequency storms. An adequate energy dissipator is to be constructed at the outlet of the storm drain. Hydrology and hydraulic calculations for determining the storm system design shall be provided satisfactory to the Department of Public Services. Resolution No. P-83-47 Page 6 19. 20. 21. 22. The storm drain system design shall be coordinated with adjacent 3495. The entrance condtion to the existing 30" R.C.P. at the eaterly terminus of Glen Oak Road shall be improved to the satisfaction of the Director of Public Services. The subdivider shall provide the following improvements to the "ponds" north of Starridge Street. The "ponds" shall be filled to provide drainage of all surface waters within the ponding area. The fill material shall be transferred from lots numbered 163 to 202 as shown on the tentative map as part of the grading plan for Phase III of the Rancho Arbolitos Development. The subdivider shall deposit $161,914 with the City of Poway for off-site storm drainage improvements. Improve the Riding and Hiking Trail system to the following design standards to the satisfaction of the Director of Planning Services: (a) The trail shall contain a minimum eight feet of tread width with drainage structures as necessary. (b) The trail surface shall consist of the native soil, or where the soil is highly erosive or will not support the traffic, a tread surfacing material such as decomposed granite. (c) Trail gradients shall not exceed 15%. Where natural grades exceed 15% sufficient width for switchbacks shall be provided to accommodate a 15% gradient trail. (d) Trails shall intersect roads at approximately 90 degree angles. (e) The trail system shall be continuous through the subdivision and shall provide for local access within the subdivision. (f) Points where the trail exits the subdivision shall be coordinated with existing or planned trail locations on adjacent property. (g) Signs at trail entraces to provide identification, rules and regulations; and markers along the route to direct the users. Resolution No. P-83-47 Page 7 23. 24. 25. 26. 27. Unless specifically waived herein, the City of Poway Standards shall apply in preparing improvement plans irrespective of what is shown on the approved tentative map. Construct, or agree to construct, the public improvements shown on the improvement plans as approved by the Director of Public Services. A waiver and Release Agreement shall be obtained from each property owner who receives diverted runoff from this site, to the satisfaction of the Director of Public Services. Prior to the issuance of a grading permit the subdivider shall comply with the following conditions lettered 27 through 34: The subdivider shall submit grading plans and grading permit application and all grading permit fees and deposits to the Department of Public Services. Grading plans shall be approved by the Poway City Council prior to the approval of the improvement plans. 28. Said plans shall inclue the following provisions: The grading plan shall contain a certificate signed ;by a registered civil engineer that the grading plan has preserved a minimum of one hundred square feet of solar access for each dwelling unit and for each future building site within the subdivision. be Emergency erosion control measures to control soil movement satisfactory to the Department 'of Public Services in the event the site is exposed to erosion during the period between November 1 to April 15. Erosion control measures shall include but not be limited to, slope protection, installation of jute matting or approved equivalent, desilting basins, energy dissipators, silt control sand bagging and storm drains. Ce Ail building pads to be diked and the dikes maintained to prevent water from flowing from the pad until the streets and driveways are paved and water can flow from the pads without causing erosion, or construct drainage facilities to the satisfaction of the Department of Public Services that will allow water to drain from the pad without causing erosion. d. Tops of all slopes to be diked or trenched to prevent water from flowing over the crests of slopes. Resolution No. P-83-47 Page 8 29. ee As soon as cuts or embankments are completed, but not later than November 1, all cut and fill slopes shall be stablilized with a hydromulch mixture or an equal treatement approved by the Department of Public Services. Between November 1 and April 15, approved slope protection measures shall proceed immediately behind the exposure of cut slopes and/or the creation of embankment slopes. f. An irrigation system to be installed not later than May 15 following the planting of the slopes. Sand bag check dams to be placed in a manner approved ;by the Department of Public Services is unpaved streets with gradients in excess of 2% and on or in other graded or excavated areas as required by the Department of Public Services. The location and details on the sand bags shall be shown on the plans. Catch basins, desilting basins and storm drain system shall be installed to the satisfaction of the Department of Public Services. At or near every point where concentrated flow leaves the development, a desilting basin and an energy dissipator may be required to be constructed to remove silt from the water and release the water at a non-erosive velocity. The developer to maintain the plantings and erosion control measures described above until relieved of same by the Department of Public Services. The developer to remove all soil intercepted by the sand bags, catch basins and desilting basins and keep these facilities clean and free of silt and sand as directed by the Department of Public Services. The developer shall repair any eroded slopes as directed by the Department of Public Services. Ail of the work described above pertaining to erosion control, irrigation system, slope protections, drainage systems, desilting basins, energy dissipators and silt control shall be secured by an instrument of Credit or Cash Deposit in a form satisfactory to City Counsel for an amount equal to the total cost of this work as determined or approved by the City Department of Public Services. An agreement in a form satisfactory to City Counsel shall accompany the Instrument of Credit or Cash Deposit to authorize the City Department of Public Services to unilaterally withdraw any part of or all the Instrument of Credit or Cash Resolution No. P-83-47 Page 9 30. 31. 32. 33. Deposit to accomplish any of the work agreed to if it is not accomplished to the satisfaction of the City Department of Public Services by the date agreed to. Additionally, a cash deposit of $5,000 shall be placed with the City Department of Public Services with a letter from the developer authorizing the Department of Public Services to use this cash to take any emergency erosion control measures on this deveopment he deems necessary. No grading shall be permitted within this subdivision until the subdivider obtains sewer commitment from the City of Poway. The subdivider shall deposit with the Department of Public Services $200.00 at the time the Lot Grading Plan or Improvement Plan is submitted. The deposit will be made with whichever plan is first submitted. Said deposit shall be used to cover the cost of site inspection by a City Geologist to determine whether or not any geologic hazard exists and, if such is found, to review the geologic report prepared by the developer's Engineering Geologist. The developer shall reimburse the Department of Public Services for any cost in excess of the deposit prior to recording the Final Map. Any unused portion of the deposit will be refunded. The subdivider shall submit a landscape plan for approval by the Poway City Council. The landscape plan shall be reviewed by the Environmental Analysis Coordinator or City's equivalent for compatibility with the Blacktailed Gnatcatcher's habitat conservation prior to City Council consideration. (EIR) Prior to approval of the Final Map by the decision-maker or issuance of any grading permits, a qualified archaeologist shall to the satisfaction of the Director of Planning Service: ae Prepare a Mitigation design to either deal with all the sites at once, as recommended by the consultant, or salvage Site 5 and preserve Sites 3 and 4 (EIR); Record Sites 1 through 6 with the California Archaeolocical Site Survey and integrate these site numbers in the mitigation reports (EIR); Provide for a micro-map surface collection and test excavation to ascertain the presence of significant subsurface artifact deposits at sites 3 and 4 and, if present, develop a plan to protect these sites from indirect impact (EIR); Resolution No. P-83-47 Page 10 34. 35. 36. 37. 38. 39. 40. 41. de Conduct a salvage operation at Site 5 as outlined in the approved Mitigation Design and submit a salvage report in compliance with the City of Poway Procedures on Archaeology/History. (EIR); Prior to approval of the grading plans, the applicant shall provide a grading plan with a combined earthen berm and 6 feet solid noise attenuating barrier having a surface density NOT less than 3.5 pounds per square foot which will create a total height of at least 7.5 feet at the top of the building pads northerly of and facing Camino del Norte to the satisfaction of the Director of Planning Services. (EIR) Submit to the Department of Public Services a letter from the Building Industry Association stating its approval of an affirmative fair housing marketing plan. Obtain the commitment of the City of Poway to connect all lots within the subdivision to its public sewer system and obtain the consent of said Public Services Department of the plans and specifications for the installation of a sewer system serving each lot within the subdivision. Submit a letter from the City of Poway stating satisfaction with the type and location of fire hydrants and the minimum available water flow in gallons per minute. The final map shall show or provide for the following, numbered 39 through 54: Ail lots within this subdivision have a minimum of 100 square feet of solar access for each lot and for each future building site within this subdivision as required by Section 81.401(n) of the Subdivision Ordinance. Dedicate all on-site drainage easements, including easements for access thereto, and show monumentation for such easements, as required by the Director of Public Services. A l-foot wide strip placed at the end of all proposed streets that "stub out" at the subdivision boundary: the 1-foot wide strips to be made a portion of the adjacent lots and designated as "reserved for future streets" on the face of the map: access rights in and to the proposed streets shall be granted to the City. Resolution No. P-83-47 Page 11 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. An open space easement be granted to the City over, upon, across and under lots shown with an open space easement and no building, structures or other things shall be constructed, erected, placed or maintained on subject easements except as may be permitted by a major use permit issued pursuant to the Zoning Ordinance of the City. Dedicaate Poway Hills Drive, Celestial Road, Pequot Drive, and all of Silverset Street (including the portion between Camino Del Norte and the knuckle at Shadowline Street) to a width of sixty (60) feet. Offer to dedicate Camino Del Norte (SA 680) to a width of 126 feet together with the right to construct and maintain slopes and drainage facilities. Execute a covenent not to oppose a "No Parking" restriction along the ultimate alignment of Camino Del Norte to accommodate a bicycle lane. Dedicate a minimum of forty (400 feet right of way for offsite roads constructed with this project, except for Glen Oak ~oad (if used as an offsite road) and Camino Del Norte (SA 680) which shall be dedicated to a width of sixty (60) feet. The map shall be designed to provide a minimum of 350 feet of intersectional sight distance westerly on Poway Hills Drive at Oakline Road. Relinquish all lot access to Camino Del Norte (SA 680) on the final map. Dedicate an additional 5 feet south of and adjacent to Camino Del Norte as a riding and hiking trail. Dedicate all of Fairtree Terrace to a width of Fifty-six (56) feet. The 100-year flood line of the natural channels crossing all lots, and drainage watershed in excess of 25 acres, shall be clearly delineated on the final map. An open space easement be granted to the City over, upon, across and under the area defined on the final map as an equestrian trail and no building, structures or other things shall be constructed, erected, placed or maintained on subject easemtn$ except for the construction and maintenance of said trail and structures appurtenant to the trail. Resolution No. P-83-47 Page 12 52. Prior to approval of the Final Map by the Decision-makers, the applicant shall incorporate transporation control measures into the map to the satisfaction of the Director of Planning Services. (EIR) 53. The final map may be filed as units or groups of units as shown on the tentative map or as approved by the Director of Planning Services, and lot numbering and design shall be in substantial conformance to that shown on the approved tentative map. 54. The subdivider shall accomplish the following, numbered 55 through 72: 55. The subdivider shall resubmit legal descriptions to the Department of Planning Services of all Use Regulations whose boundaries have changed to bring said Use Regulations into conformance with the boundaries shown on the final map. 56. The subdivider shall grant to the appropriate agency by recorded document all required off-site easements and all on-site water main easements that serve fire hydrants. 57. By separate document grant an open space easement to the City of Poway over the area known as the "future school site". Said easement shall preclude grading; construction of structures, ball fields, or other facilities that would disturb native vegetation; and removal or addition of vegetation except as required by written order of the City Flire Department. Said easement shall be in effect in perpetuity or until such time as the site is required by the School District for construction of a school. (EIR) 58. 59. The subdivider shall enter into an agreement with the City of Poway for reversion of the "future school site" to the City of Poway in the event the School District determines that this site is not needed for a school. (EIR) The subdivider shall deposit with the City of Poway, through the Department of Public Services, a cash deposit sufficient to: Energize, maintain and operate the street lighting system until tax revenues begin accruing from the subdivision for those purposes. Augment the contingency Fund of the existing District by an amount equal to three month's operating cost of the subdivision. Resolution No. P-83-47 Page 13 60. c. Augment the Reserve Fund by one month's operating cost. d. Pay the cost of annexation to an appropriate special district including the cost of processing through the State Board of Equalization. After recording of the final map, the subdivision shall be annexed without notice or hearing, to an existing special district to operate and maintain the system. The subdivider shall install or agree to install a sewer system as a subdivision improvement and dedicate to the public that portion of such system which is within an existing or proposed public right-of-way. 61. Streets shown on the Tentative Map to be given street names approved by the Street Names Section of the Department of Planning Services and the subdivider shall install all street name signs as a part of the subdivision street improvements. If the subdivider desires situs addresses for the lots created by the subdivision, the subdivider is to furnish a true scale final map to the Street Names Section. Said map is to show driveway locations for all lots and street names for all streets. 62. The developer shall participate in the cost of traffic signal installations at the intersections of Camino Del Norte (SA 680) and Pomerado Road (SA 760); and Camino Del Norte and Community P~ad (SA 800). The amount of the developer's portion of the entire cost for the signals shall be $11, 210.00. 63. The developer shall place a $69,370.00 deposit with the City of Poway for the improvement of future Circulation Element roads in the Poway Area. A credit for construction in excess of the local interest portion of SA 680 will be applied against this deposit. 64. A legal entity shall be formed for the maintenance of landscaping along the Camino Del Norte right of way and appurtenant cut slopes. The developer shall be responsible for said maintenance until said the legal entity is formed. 65. Ail new and existing utility distribution facilities, including cable television lines, within the boundaries of any new subdivision or within any half street abutting a new subdivison shall be placed underground except as waived under Section A-3 of the resolution. The subdivider is responsible for complying with the requirements of this condition, and he/she shall make the necessary arrangements with each of the serving utilities, Resolution No. P-83-47 Page 14 66. 67. 68. 69. 70. including licensed cable television operators, or the installation of such facilities. When the installation of cable television lines is required, the subdivider shall either provide the Director of Public Services with documentation from a licensed cable television operator stating arrangements for the underground installation of cable television lines have been made, or the subdivider shall provide the Director of Community Service with documentation that the Cable Television Revbiew Commission has reported that no licensed cable television operator is willing and able to install cable television lines in the subdivision. The subdivider shall comply with Section 66436 of the Government code by furnishing to the Department of Public Services a certification from each public utility and each public entity owning easements within the proposed subdivision stating that; (a) they have received from the developer a copy of the proposed final map; (b) they object or do not object to the filing of the map without their signature; (c) in the case of a street dedication affected by their existing easement, they will sign a "subordination certificate" or "joint-use certificate" on the map when required by the governing body. In addition the subdivider shall furnish proof to the satisfaction of the Director, of Public Services, that no new encumbrances have been created that would subordinate the City's interest over areas to be dedicated for public road purposes since submittal of the tentative map. The subdivider shall enter into agreements with the Poway Unified School District in a form satisfactory to the City of Poway City council, which agreements shall provide for payments to such District of such sums of money or other consideration which the District determines will mitigate the impact of the subdivision upon said District. The subdivider shall secure recertifications satisfactory to the Director of Public Services of availability of adequate public services and utilities including but not necessarily limited to: fire, water and sewer services to the site, said recertifications dated within 90 days prior to City Council approving final map. This approval is further conditioned by the following instructions to staff: This is a solar subdivision. Ail lots within this subdivision shall have a minimum of 100 (one hundred) square feet of solar access for each lot and for each future building site within the subdivision, pursuant to Section 81.401(n) of the Subdivision Ordinance. Resolution No. P-83-47 Page 15 71. 72. 73. 74. Septic tank will not be approved for a redivission of any lot in this subdivision without prior approval by the San Diego County Department of Public Health. This subdivision has been approved for public sewer. If the sewer commitment terminates before connection to sewer and prior to the City Councils final map approval, the Department of Health Services will deny application(s) for individual subsurface sewage disposal system(s) within this subdivision, unless a Resolution Amendment has been obtained from the City Council which approves individual subsurface sewage disposal systems for this subdivision. The protection of the public interest requires that the subdivider, contractors, builders, lot or parcel owners, and other persons, firms and corporations concerned with the development of said subdivision conform to the following standards, and all permits required by the City of Poway will be issued pursuant to such standards: a. Ail domestic water supplied for this subdivision shall come from the Poway Department of Public Services. Ail buildings constructed in this subdivision shall be connected to the public sewer system of the Poway Department of Public Services. Sewer and water lines shall be maintained throughout this subdivision so as to prevent ponding and/or storage of surface water that would create a public health hazard or nuisance. Tentative Map 4113 Time Extension shall expire on November 5, 1984 unless a request for time extension is receivedf in accordance with the City's Subdivision Ordinance. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 13th day of September, 1983. Linda L. Oravec, Mayor ATTEST: Mar j or/ie\K. Wahlsten, City Clerk