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Res P-85-38RESOLUTION NO. P-85-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 17172R ASSESSOR'S PARCEL NUMBER 277-021-02 AND 04, 277-011-04 WHEREAS, Tentative Parcel Map No. 17172R, hereinafter "Map" submitted by Liguori, 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 north half of Section 17 and a portion of the northeast quarter of Section 18, Township 13 South, Range 1 west San Bernardino Meridian into 4 lots, regularly came before the City Council for public hearing and action on July 2, 1985; 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 accordance with San Diego Superior Court Case No. 476749 and Court of Appeals Case No. 4 CIV. 31232 with regard to Tentative Parcel No. 17172R and the Map thereof: ao The tentative parcel is consistent with all applicable interim and proposed general and specific plans; The design or improvement of the tentative parcel is consistent with all applicable interim and proposed general and specific plans; The site is physically suitable for the type of development proposed; The site is physically suitable for the density of the development proposed; The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; fo The tentative parcel is not likely to cause serious public health problems; Resolution No. P-85-38 Page 2 The design of the tentative parcel will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision; nm That this project will not create adverse impacts on the environment and a Negative Declaration is issued; The effect of subdivision approval on the housing needs of the San Diego region has been considered and balanced against the public service needs of Poway residents and available fiscal and environmental resources; The design of the subdivision has provided, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision; and Section 2: Tentative Parcel Map No. 17172R, a copy of which is on file in the Planning Services office, is hereby approved subject to all of the following conditions: A. ACCESS ROADS (Offsite) The subdivider shall furnish to the Department of Public Services recorded documentation showing that the land division is connected to a publicly maintained road by an easement for road purposes. This easement shall be 40 feet wide, and shall be for the benefit and use of the property being divided. Recordation data for said easement shall be shown on the Certificate of Compliance. This requirement applies to off-site access to all proposed parcels. Dip sections and culverts shall be designed by a registered civil engineer to handle a 15-year storm. Dip sections shall be designed for a maximum water depth of 10" based on a 15- year storm and the formula "Depth in feet times velocity in feet per second is equal to 6 or less." A sketch of the dip section showing the above dimensions and the calculations shall be submitted with the deposit noted below. ® The entire dip area must have a concrete slab with a minimum width of 2 feet wider than the required graded width but no wider than the required easement, 6" thick, 5-1/2 sacks of cement per cubic yard and 10 x 10 x ~9 wire mesh. Cutoff walls, 6" wide and 2 feet deep, on both upstream and downstream sides of the dip and along the entire length of the dip are required. Cold mix may be used if the flow is less than 5 cfs. and the velocity is less than 2 fps.; A.C. hot mix may be used if the flow is less than 20 cfs. and the velocity is less than 5 fps. Resolution No. P-85-38 Page 3 e Be 0 e Be A registered civil engineer shall prepare and submit a sketch of the private easement road improvements to the Department of Public Services. The sketch shall show the graded width required, all drainage improvements with their approximate locations, signed calculations and a copy of a 200 scale topo map with the drainage areas outlined. A deposit of $300.00, two prints of the Tentative Parcel Map and a copy of the final Planning Resolution will be forwarded to the Department of Public Serivces along with above sketch and any drainage calculation. The deposit is to cover the cost of a City inspection of the required private easement road improvements. The applicant shall reimburse the City for any costs in excess of the deposit prior to recording of the Parcel Map. Any unused portion of the deposit will be returned. A registered civil engineer or a licensed land surveyor shall provide a signed statement that: "The private easement roads from Parcels 1, 2, 3 and 4 and from the land division to the nearest publicly maintained road are constructed within the easement." A grading permit will be required prior to commencement of the grading if the grading meets the criteria of Chapter 16.42 of the City Code. The above sketch and $300.00 deposit will not be required if a grading permit is obtained. A permit shall be obtained from the Department of Public Services for the improvements to be made within the public right-of-way. The connection of the private easement road to the City road will have to match the construction of the City road. A copy of the permit and evidence for the issuing agency, that all the requirements of the permit have been met, shall be submitted to the Department of Public Works with the Engineer's or Surveyor's statement. ROAD DEDICATIONS Make an Irrevocable Offer of Dedication for the rights-of-way required to complete a 30 foot wide one-half right-of-way width on each side of the ultimate centerline plus the right to construct and maintain slopes and drainage improvements as required beyond the 30-foot limit for that portion within the land division for Old Coach Way, minimum centerline radius of 300 feet. Resolution No. P-85-38 Page 4 2. In conjunction with Tentative Parcel Map 17101, make an Irrevocable Offer of Dedication for the right-of-way required to complete a 30-foot wide one-half right-of-way width on each side of the ultimate centerline of a road which shall extend easterly from the westerly boundary of TPM 17172 to an Emergency vehicle access road at at the north west corner of Parcel 3. While it is generally intended that this road right-of-way follow the common boundary of TPM's 17101 and 17172, in order to maintain a maximum grade of 25 percent, the entire right-of-way in some area (because of the terrain) may be entirely within parcels created by either Parcel Map. 3. With respect to TPM 17172, a 60 foot IOD for the right-of-way required to construct a road through Parcels 2 and 3 to serve Parcel 4. The alignment shall generally follow the boundary of Parcels 2 and 3. Ce 0 ROAD IMPROVEMENTS (Private) The private easement roads from the land division to the nearest publicly maintained road shall be constructed within the easements. All roads shall be graded and well- drained with surfacing equal to or better than three inches (3") of decomposed granite having a minimum S.E. of 25 and having a graded width equal to 16 feet to 24 feet depending on cross slope. Roads greater than 12% in grade shall be treated with a road oil mix, 2" of cold mix or 2" of hot mix bituminous material. Grades over 25% are not allowed. Old Coach Way and the Road which extends easterly from Old Coach Way to the westerly boundary of the northwest corner of proposed Parcel 3 shall have a graded width of 16 feet to 24 feet depending on cross slope and a 10 foot shoulder for horse trail purposes. Road access to Henry Avocado Road for emergency vehicles shall be maintained in passable condition by property owner. There are no improvement requirements for this road. In the event these improvements are deferred, the subdivider shall execute such documents as deemed necessary by the Director of Public Services indemnifying the City of Poway from liability arising from the improvement of any off-site easement. This indemnification shall also be noted on the Certificate of Compliance. Resolution No. P-85-38 Page 5 Do Em UTILITY EASEMENTS Where private easement roads are not being dedicated or where all of the proposed parcels of land division are not on a public street, the subdivider shall provide the Director of Public Services with letters from the serving utility companies stating that arrangements, satisfactory to the utility, have been made to serve all parcels being created. No letter will be required from the Pacific Telephone Company. OTHER REQUIREMENTS Prior to the approval of the Certificate of Compliance, the subdivider shall provide the Department of Public Services with a copy of the deed by which the subject property was acquired. At the time of recordation of the Parcel Map, the name of the person authorizing the map and whose name appears in the SURVEYOR'S CERTIFICATE as the person who requested the map, shall be the name of the owner of the subject property and shall be the same party or parties as shown on the Tentative Parcel Map unless the City Council has approved the substitution of a successor in interest to such party or parties. F. WAIVER OF PARCEL MAP REQUIREMENTS ® The City will waive the requirement that a Parcel Map be prepared and filed with the Department of Public Services and recorded, and cause to be filed for recording with the County Recorder, a Certificate of Compliance for the parcels shown on the approved Tentative Parcel Map, provided that the findings required by Section 16.12.010 of the Poway Municipal Code can be made. In order to make these findings, only the following conditions must be satisfied: Conditions A, B, C, D, and E as contained in this resolution are to be complied with to the satisfaction of the Department of Public Services, and the Director of Planning Services is to be so notified by the Department of Public Services. The subdivider shall provide the City with a legal description for each parcel shown on the approved Tentative Parcel Map. The legal description shall be typed on plain white paper, 8-1/2 x 11", with 1" margins at the top, side and bottom. It shall be reproducable so as to yield a legible copy (it will be used to describe your property on the Certificate of Compliance when recorded). Resolution No. P-85-38 Page 6 e J The legal descriptions (Item 2 above) must describe access to the land as well as access reserved from each parcel shown on the Tentative Parcel Map. A deposit shall be submitted to the City to cover costs of processing the Certificate of Compliance. Condition C-1 must be complied with prior to recordation of a Certificate of Compliance or after recordation of the certificate. However, this condition must be complied with prior to the issuance of a building permit or other grant of approval for development, including further division, for any parcel created by the Parcel Map waiver. The subdivider shall execute a "Covenant of Improvements" listing those conditions that have not been complied with. This Covenant shall be recorded by the City Clerk prior to the approval of the Certificate of Compliance. If a Covenant has been recorded, no building permit may be issued or no division may be approved for any parcel created by the approved Certificate of Compliance unless and until the applicant presents a copy of a Release of Improvement Requirements, recorded by the Department of Public Services stating that all the improvements listed in the Covenant of Improvements have been completed to the satisfaction of the Director of Public Services (except for fire protection requirements which may be released on a lot by lot basis. The Department of Public Services shall record a Covenant mentioned above and notify the Department of Planning Services at which time a Certificate of Compliance shall be recorded. Note: No parcel shown on the approved Tentative Parcel Map shall be sold, leased, conveyed or transferred, and no building permit may be issued for said parcels, unless and until the Certificate of Compliance is filed in the office of the County Recorder. Additionally, as a result of the court settlement: 1. Fee required under Resolution 99 (since rescinded by Ordinance 78) does not apply to this map, i.e. no fees are being requested in conjunction herewith. 2. Required road improvements may be deferred by convenant and no security is required. 3. No road maintenance agreement in required. Resolution No. P-85-38 Page 7 Ail of the above fees (under Ordinance 78), road improvements and agreements may be deferred by covenants but must be satisfied prior to building permit issuance. Therefore, under the City's Standard Conditions, these applicable fees are directed "prior to building permit issuance." Section 3: Tentative Parcel Map No. 17172R, 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 AND BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPMENT 1. 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. 2. 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: Permit 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. PAROLING AND VENICULAR ACCESS No Conditions LANDSCAPING No Conditions SIGNS No Conditions RECREATION 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 building permit issuance. 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. e II. e 5e Resolution No. P-85-38 Page 8 Parkland Dedication or payment of Park Fees at the established rate shall be made prior to building permit issuance. EI~ISTING STRUCTURES No Conditions ADDITIONAL APPROVALS REOUIRED Development Review or Minor Development Review shall be accomplished prior to recordation of the final subdivision map. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work: prior to building permit issuance. 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 issuance of building permit. STREETS AND SIDEWALI~S The developer shall pay a pro-rata share for the installation or modification of the traffic signals at Old Coach Road/Espola Road prior to building permit issuance. Ail exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Public Services. 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. The developer shall pay the Traffic Mitigation Fee at the established rate prior to building permit issuance. Resolution No. P-85-38 Page 9 J. DRAINAGE AND FLOOD CONTROL 1. 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 Droperly handle the drainage. 2. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to building permit issuance. UTILITIES 1. utility easements shall be provided to the specification of the serving utility companies and the Director of Public Services. 2. Prior to recordation, a Notice of Intention to form Landscape and/or Lighting Districts shall be filed with the City Council. The engineering costs involved in district formation shall be borne by the developer. 3. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway and the Health Department of the County of San Diego. 4. Developer shall construct a light system conforming to City of Poway Standards at no cost to the public. Annexation to the lighting district shall be accomplished and evidence of annexation and payment of lighting fees shall be presented to the City. L. GENERAL REQUIREMENTS AND APPROVALS 1. Final parcel and tract maps shall conform to City standards and procedures. 2. Should this subdivision be further divided, each final map shall be submitted for approval by the Director of Public Services. 3. All provisions of the Subdivision ordinance of the Poway Municipal Code shall be met as they relate to the division of land. 4. Prior to final map approval, all of the above improvements and requirements shall be installed and provided, or deferred by covenants in a form approved by the City Attorney. All necessary processing fees, deposits, and charges shall be paid prior to final map approval. Resolution No. P-85-38 Page 10 5. Prior to final map approval, all dedications shall be made and easements granted as required above. 6.. The tentative map approval shall expire on July 2, 1987 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 2nd day of July, 1985. Robert C. ~Eme~y, Mayor/~ ATTEST: Ma~orie K. Wahlste~,