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Res P-83-52RESOLUTION NO. P-83-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 83-04 ASSESSOR'S PARCEL NUMBER 272-150-07 and -09 WHEREAS, Tentative Tract Map No. 83-04, hereinafter "Map" submitted by Highland Ranch Investors, applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described as all of Lot 4 and a portion of the southwest quarter of the southeast quarter of Section 13, Township 13 South, Range 2 West, San Bernardino Meridian, County of San Diego, State of California into 41 lots, regularly came before the City Council for public hearing and action on November 15, 1982; 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. 83-04 and the Map thereof: A0 The tentative tract is consistent with all applicable general and specific plans, because: (1) The proposed tract promotes and retains the community's rural character by encouraging orderly, sequential development compatible in its intensity with surrounding existing and future development (Land Use); (2) The proposed tract provides an internal circulation system and connection with the City wide circulation system which promotes safe and efficient movement of various transportation modes including equestrian transportation (Circulation, Trails, Bikeways); (3) The proposed project provides housing for a segment of the community (Housing); (4) The proposed project provides a suitable level of public facilities and services (Public Facilities); Resolution No. P-83-52 Page 2 (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) The proposed tract will provide support for a well balanced public park and recreational system through payment of fees in lieu of parkland dedication (Parks and Recreation); The proposed tract will provide a design consistent with the natural and man-made environment which enhances the City's rural image and character by minimizing grading and retaining open space (Community Design); The proposed project does not impact scenic areas, prominent vistas, or other areas that typify Poway's rural history (Scenic Highways); The proposed project does not impact any historical or cultural asset of the City and preserves archaeological assets (Archaeological, Cultural, Historic); The proposed project preserves land resources through proper soil management and protection of land forms, protects groundwater resources, and preserves plant and animal resources (Conservation); The proposed project preserves natural resources in open space contributing to the rural character of Poway (Open Space); The proposed project includes energy conservation practices which will reduce the coomunity's reliance on traditional sources of energy (Energy Conservation); The proposed project is not subject to potentially hazardous seismic conditions (Seismic Safety); The proposed project is not susceptible to flooding hazards (Safety); The proposed project will be free from adverse noise levels (Noise); and The proposed project will be provided with responsive and adequate law enforcement, medical, and emergency, services and facilities (Law Enforcement, Medical, Emergency). Resolution No. P-83-52 Page 3 Be The design or improvement of the tentative tract is consistent with all applicable general and specific plans as described in A. above. Ce The site is physically suitable for the type of development proposed because the preliminary soils and geology study indicates the presence of acceptable conditions for the development of a low density residential project. De The site is physically suitable for the density of the development proposed because the flatter portions of the property will be developed for residential purposes while the steeper portions of the property will be maintained as permanent open space. 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 natural conditions will be maintained over about 30 percent of the site preserved as permanent open space. Fe The tentative tract is not likely to cause serious public health problems because all public facilities necessary for residential development will be provided by the developer. 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. This project will not create adverse impacts on the environment because conditions are included within this resolution which reduce all such potential impacts to a level of insignificance, and a Negative Declaration is issued. Section 2: Tentative Tract Map No. 83-04, a copy of which is on file in the Planning Services office, is hereby approved subject to all of the following conditions: This subdivision is approved based on a lot averaging design. In accordance with Section 2.2B.14 of the City's Zoning Development Code, none of the lots, including the lots having permanent open space, can be further divided and a covenant to that effect shall be recorded against the property and in favor of the City of Poway. Resolution No. P-83-52 Page 4 3o 5e 6e 9m 10. The private street system and landscaping shall be maintained by a Homeowner Association consisting of the owners of lots within the subdivision or through a road maintenance agreement. Landscaping for the streets shall also include slope planting and the gated entry design shall require approval of the Directors of Planning and Public Services. Ail side-by-side flag lots shall share a common driveway access and all lots shall provide adequate turnaround areas as required by the Department of Safety Service. The grading of each individual lot for access and a home site shall be subject to review by the Departments of Planning and Public Services to insure conformance with General Plan policies and ordinances regarding drainage. The use of split level construction, extended foundations, and other reduced grading techniques shall be used as required to minimize the amount of grading. Prior to final map approval, the isolated milling station discovered during the archaeological field investigation near the highest elevation on the property (Lots 24 and 25) shall be located precisely to the satisfaction of the Director of Planning Services and an open space easement may be required to be placed over the site to avoid its disturbance. No grading shall occur above the 675 foot contour on Lot 10 and no grading or building permmits shall be issued for Lots 24 and 25 without City Council approval. The subdivision shall cause to be dedicated all on-site and off- site water, sewer, drainage, and road easements as required by the City Engineer prior to final map approval. Prior to final map approval, the subdivider shall design and construct to City Enginer specifications, a sewer pump station, including a telemetric monitoring system. The entire sewer system shall be maintained by the City, including the sewer pump and force main system. Prior to final map approval, the subdivider shall install the off- site sewer lines shown on the improvement plans for Lomas Verdes Estates, Unit 3 through Lots 85 and/or 86, 83, 79, and in Paseo Del Vinedo and Valle Verde Road. Resolution No. P-83-52 Page 5 11. Prior to final map the subdivder shall install the off-site street improvements and water system as shown on the improvement plans for Lomas Verdes Estates, Unit 3 along Via Puerto Del Norte, Paseo Del Vinedo, and Valle Verde Road. A second water main connection may be required for adequate fire flow. The subdivider shall pay for a computer study to determine the necessity for this second service point and install any required lines. 12. Prior to final map, the subdivider shall install adequate drainage facilities at the northerly terminus of Street "A", both east and west ends. The subdivider shall also coordinate the on- site drainage system with the adjacent tracts in the City of San Diego. Section 3: Tentative Tract Map No. 83-04, 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 AND BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2o The developer shall integrate an appropriate 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. 3e The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. Prior to the issuance of building permits for combustible construction, evidence shall be submitted to the Director of Safety Services that water supply and facilities 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. 50 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: ermit and Plan Checking Fees, School Fees (in accordance with City-adopted policy and/or ordinance), Water and Sewer Service Fees. These fees shall be paid prior to building permit issuance. Resolution No. P-83-52 Page 6 6o 7e De 2e 3e 40 Street names shall be approved by the Planning Services Department prior to the recordation of the final map, and street addresses shall be provided prior to the issuance of building permits. 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 with their background color. PARKING AND VEE]'CULAR ACCESS NO CONDITIONS LANDSCAPING A detailed landscape and irrigation plan shall be submitted to and approved by the Public Services Department and Planning Services Department prior to the issuance of building permits. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. RECREATION On lots having a private or public equestrian/pedestrian trail on or adjacent to their property, the developer is required to have contained within the C.C.&R.'s the following statement: In purchasing the home, I have read the C.C.&R.'s and understand that said lot is subject to an easement for the purpose of allowing equestrian/pedestrian traffic. The developer shall improve the equestrian/pedestrian trail system in accordance with the adopted sign standards and to the satisfaction of the Directors of Public and Planning Services prior to final map approval. 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 maintain ed 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 Planning Services in accordance with the Master Plan of Trails Element. Resolution No. P-83-52 Page 7 5. Parkland Dedication or payment of Park Fees at the established rate shall be made prior to final map approval. F. EX~I'STIN~ STRUCTURES NO CONDITIONS ADDITIONAL APPROVALS REQUIRED 1. Development Review or Minor Development Review shall be accomplished prior to the issuance of a building permit. 2o 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. 3o 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. 4o 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 PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: H o GRADING Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. 2o 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. 3o A soils report shall be prepared by a qualified engineer licensed by the State of Califor4nia to perform such work prior to final map approval approval. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. Se The final grading plan shall be subject to review and approval by the Planning Services and Public Services Department and shall be completed prior to recordation of the final subdivision map or issuance of building permit, whichever comes first. Resolution No. P-83-52 Page 8 STREETS AND SID'~WALKS Reciprocal access and maintenance and/or agreements shall be provided insuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Services. 2. Street striping and signing shall be installed to the satisfaction of the Director of Public Services. 3. 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. Plan check and inspection expenses shall be paid by the developer. 5. Ail exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Public Services. 6. Street improvements that include, but are not limited to: ~a. Sidewalks X e. Cross gutter X b. Driveways __ f. Alley gutter X c. Wheel chair ramps X g. Street paving X d. Curb and gutter __ h. Alley paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Public Services. 7e 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. Be 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. 90 Street improvements and maintenance shall be made in accordance with City Ordinance standards for non-dedicated rural streets - internal project streets. 10. The developer shall pay the Traffic Mitigation Fee at the established rate prior to final map. Resolution No. P-83-52 Page 9 2o 3o 4o 2o 3e Lo DRArRACE AND FLOOD CON'~ROL 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 water 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 shall be installed where water crosses the roadways. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to final map approval. UT~LITXES Ail proposed utilities within the project shall be installed underground including existing 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. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. GENERAL REQUIREMJeliTS AND APPROVALS A copy of the Covenants, Conditions and Restrictions (CC&R's) and/or Articles of Incorporation of the Homeowners Association shall be subject to the review for compliance with conditions herein, to the satisfaction of the City Attorney and Director of Planning Services, and shall be filed with the Secretary of State, the County Recorder and the City Clerk at the time of final map consideration. Final parcel and tract maps shall conform to City standards and procedures. By separate document prior to the recording of the final subdivision map, or on the final subdivision map, there shall be granted to the City, an open space easement over Lots 12-18, 25, 28 and 29. 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-83-52 Page 10 Se 6o 7e Be Should this subdivision be further divided, each final map shall be submitted for approval by the Director of Public Services. Ail provisions of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. Those portions of the subject property proposed to be held under common ownership shall be labeled such and identified by a separate lot number on the final map. Prior to final map approval, all of the above improvements and requirements shall be installed and provided, or deferred by guaranteeing installati on within two years from map recordation or prior to building permit issuance, whichever occurs first, by the execution of a performance agreement, secured with sufficient securities, in a form approved by the City Attorney. All necessary processing fees, deposits, and charges shall be paid prior to final map approval. Prior to final map approval, all dedications shall be made and easements granted as required above. The tentative map approval shall expire on November 15, 1985 unless an application for time extension is received 30 days prior to expiration in accordance with the City's Subdivision Ordinance. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 15th of November, 1983. Linda Oravec, Mayor ATTEST: j ' ~ ~. Wahlsten, City Clerk