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Res P-83-50RESOLUTION NO. P-83-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TPJ~CT 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 was again reviewed by the City council to ensure conformance with conditions of Resolution P-83-32; 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 reviewed the revised map in accordance with Condition 32 of Resolution P-83-32; 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 ]: Findings: The City Council makes the following findings in regard to Tentative Tract No. 83-02 and the Map thereof: ae 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 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. 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. ee 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. Resolution No. P-83-50 Page 2 The tentative tract is not likely to cause serious public health problems, because public facilities and services will be provided. 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. The revised map and conditions herein include design modifica- tions acceptable to the City Council as required by Condition 32 of Resolution P-83-32. 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 collector 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 satis- faction 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 collector standards. The balance of the on-site streets shall be dedicated to a width of 54 feet except where the road crosses the creek at the east end of the tract where dedica- tion shall be to a width of 60 feet. Pavement (curb to curb) shall be 36 feet in width unless otherwise specified in these conditions. Concrete curb and gutters shall be provided on all streets. Ail cul-de-sacs shall be dedicated to 52 feet and improved with 32 feet of pavement (curb to curb). 4e The off-site road easements connecting Garden Road to the tract shall be dedicated as described in Condition 1 prior to final map to assure public access to the development and shall include slope rights. Resolution No. P-83-50 Page 3 e 10. 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. Ail on-site streets shall include sidewalks only on the lot side of the street. The minimum centerline radius for Street A shall be 300 feet, and the minimum centerline radius on all other streets shall be 200 feet. Off-site sidewalks shall be installed prior to building permit issuance as follows: ae Asphalt sidewalks five feet in width with asphalt curbing shall be installed on the north side of Garden Road from Neddick Avenue 230 feet westerly, and from the Poway Creek crossing easterly to Street A. be P.C.C. sidewalks five feet in width shall be installed along the south side of Garden Road from 100 east of Acton Avenue westerly to 170 feet east of Neddick Avenue. Any minor drainage problems that may result from grading for the walkways shall be corrected by the subdivider. Addition- ally, the subdivider shall clear obstructions from the parkway as required and install pedestrian ramps at curb returns (Acton Avenue, Standish Drive, and Neddick Avenue). The two crossings of Poway Creek shall be constructed to 100-year flood capacity to the satisfaction of the City Engineer. However, construction of the easterly crossing may be delayed until de- velopment 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 crossing 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. Resolution No. P-83-50 Page 4 12. 13. 14. 15. 16. 17. 18. Channel grading to the satisfaction of the City Engineer shall be accomplished below the Street A crossing to transition the creek flow into the downstream channel. The property line of the dam site and the inundation easement for the retention basin shall be shown on the final map. Access road easements shall be granted to the City as required by the City Engineer for access to the dam and retention basin. These shall be located to provide access to the dam from each side of the creek. Prior to final map approval, the subdivider shall enter into an agreement with the City to provide the City with a suitable easement for an access road to the 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. 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. 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. Resolution No. P-83-50 Page 5 19. 20. 21. 22. 23. 24. 25. 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 City at the developer's expense 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. 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). In consideration of the need for a second access from the Garden Road area, additional 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. Expenditure of traffic mitigation fees shall to the satisfaction of the City Manager and Director of Public Services. 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). Credit may be granted for developer installed parkland improvements in lieu of fees as specified in City Ordinance No. 79 (Parkland Dedication and In-Lieu Fees). 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. Resolution No. P-83-50 Page 6 26. Prior to final map approval the following shall be accomplished: 27. 28. 29. 30. 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. Open space easements shall be provided on the large perimeter lots, above the 700 foot contour on both sides of Poway Creek. Said open space easements may include agricultural plantings, access ways to serve those plantings, and a single antenna for CATV reception. In addition, on Lots 138, 139, 157, and 158, a 12,000 square foot envelope for the location of residential uses can be provided between the 700 foot and 750 foot elevation. On Lots 98 and 115 the same envelope can be provided between the 700 foot and 800 foot elevation. On Lots 164,165, and 166 the open space eaasement shall be provided above the 620 foot contour with the same 12,000 square foot window for residential uses above the 620 foot contour. ~tual location of such envelopes will be to the satisfaction of the Director of Planning Services at the time of Development Review. Lots 6 and 7 and Lots 9 and 10 shall be combined, and two lots having the same dimensions as Lots 159-163 shall be added along the frontage of "K" Street on Lots 164 and 165. I~ts 164 and 165 shall become flag lots with a minimum frontage of 20 feet on "K" Street. The decorative wall along Lots 1-9 shall be installed at the option of the developer. 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. As shown on the revised map, a six (6) foot decorative masonry wall shall be provided along the rear property lines of lots 1-9. Resolution No. P-83-50 Page 7 31. This Tentative Tract Map shall expire on June 7, 1985, unless the subdivider request 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. 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: ae 4e 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. 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. 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. Resolution No. P-83-50 Page 8 4e Se LANDSCAPING A detailed landscape and irrigation plan shall be submitted to and approved by the Public 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. 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. 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 CC&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. Resolution No. P-83-50 Page 9 II. F. 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. 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. 4. Street addresses shall be provided by the Planning Services Department. 50 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-83-50 Page ] 0 III. H. EXISTING STRUO~'URES 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 ]00 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. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLI- ANCE WITH THE FOLLOWING CONDITIONS: J. STREETS AND SIDEWALKS 1. Ail interior and exterior public streets shall be constructed to public street standards. 2e 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 satisfac- tion of the Director of Public Services. 5. Ail street structural sections shall be submitted to, and approved by the Director of Public Services. 7e 3o 2e 3e 4e Resolution No. P-83-50 Page 11 Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Dlrector 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. 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. DRAINAGE AND FLOOD CONTROL 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 responsible for the relocation and under- grounding 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. Resolution No. P-83-50 Page 12 Be Prior to acceptance of property for sewer service, annexation to the sewer improvement District shall occur. 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. b. All fixtures shall use a clear, low pressure sodium vapor light source. c. Advance energy charge shall be paid by the developer. d. No mercury vapor, quartz, metal halide or diffuse coated high pressure sodium lamps shall be installed. e. Annexation to street lighting district. Cable Television services shall be provided and installed under- ground. 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. 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 subdivi- sion 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. Resolution No. P-83-50 Page 13 An open space easement shall 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. The specific location of the trails shall be shown on the final map. 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 11th day of October, 1983. ATTEST: Linda L. Oravec, Mayor Marjor~K. Wahlsten, City Clerk