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:
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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;
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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;
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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.
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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
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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.
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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
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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
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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
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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.
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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~,