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Res P-85-41RESOLUTION NO. P-85-85-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 85-03 ASSESSOR'S PARCEL NUMBER 275-260-02, 275-260-15 and 16, 275-470-03, 275-470-09 WHEREAS, Tentative Tract Map No. 85-03, hereinafter "Map" submitted by Paul Grimes, applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described as the south two-thirds of the east half of the northeast quarter of the southeast quarter of Section 35, Township 13 South, Range 2 West, San Bernardino Meridian, County of San Diego, State of California into 38 lots, regularly came before the City Council for public hearing and action on July 16, 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 regard to Tentative Tract No. 85-03 and the Map thereof: A. The tentative tract is consistent with all applicable general and specific plans, because: (1) (2) (3) 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); 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); 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-85-41 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 community'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 85-41 Page 3 Ce Ee Fe The design or improvement of the tentative tract is consistent with all applicable general and specific plans as described in A. above. 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. 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. 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 as permanent open space. 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 and the Mitigation Measure noted in the Environmental Impact Report have reduced such potential impacts on the land. Section 2: Tentative Tract Map No. 85-03, a copy of which is on file in the Planning Services office, is hereby approved subject to all of the following conditions: 1. All interior private streets shall be improved to City dedicated rural local street standards, with 24 feet of paving. Asphalt curbs shall be provided to control drainage. Turnaround radii at the cul-de-sac within the right-of-way shall be 48 feet with a 38 foot curbline radius. Resolution No. P 85-41 Page 4 ® 0 o e The proposed gated entry on Boulder Mountain Road shall be located as to allow the construction of a turnaround between the gate and the street intersection. The access street from Lake Poway Road shall incorporate 75 feet of storage capacity per City standards. This storage capacity shall not extend onto Lake Poway Road and shall include a turnaround between the gate and the street intersection. The exact location of the gates and the construction details of the turnarounds shall be subject to the approval of the City Engineer. The geometrics, grades, alignments and design of the turnarounds, streets, and gated entries shall be subject to the review and approval of the City Engineer. Arroya Vista Rad shall be fully improved to City standards as a semirural local road, from Lime Grove Road to Boulder Mountain Road to the satisfaction of the City Engineer. Should this project precede the Green Valley Groves project (TTM 82-01R), the offsite construction of Lake Poway Road shall be constructed as a minimum of 24 feet paved width with A.C. berms and full width dedication to the satisfaction of the City Engineer. The cul-de-sac shown on the TM on Boulder Mountain Road near the water reservoirs shall be relocated as to allow the turnaround and the slopes to be constructed off the City's property, to the satisfaction of the City Engineer. The turnaround at the west end of Lake Poway Road shall be dedicated to the City. The geometrics of the turnaround shall be to the satisfaction of the City Engineer. A reimbursement agreement may be utilized by this developer for reimbursement of the costs for the construction of the offsite portion of Lake Poway Road, in accordance with the City's Reimbursement Ordinance. The developer shall investigate the feasibility of locating the sewer main serving Lots 5-9 of Green valley Highlands unit 4 in Arroya vista Road. If the sewer alignment as shown on the tentative map is utilized, a 20 foot wide public sewer easement with a 15 foot wide paved maintenance road will be required to the satisfaction of the City Engineer. All sewer mains shall be a minimum of 8 inches in diameter. Resolution No. P 85-41 Page 5 10. 11. 12. 13. 14. 15. 16. The developer shall install a sewer system for Green Valley Highlands Unit 4 northwesterly from the project to the existing sewer main in Glen Circle Road to the satisfaction of the City Engineer. This will require offsite sewer main construction, and the developer shall be responsible for the design and construction of these facilities and acquisition of any easements required by the City Engineer. All costs shall be borne by the developer. A 20 foot public sewer easement with a 15 foot wide paved maintenance road shall be required over the sewer main serving Lots 2, and Lots 20 through 22 of Boulder Mountain Unit 1, to the satisfaction of the City Engineer. Where the sewer main is located in a private street, the entire easement width shall be dedicated as a public utility easement. Copies of the approved septic system layout for Lot 1 of Green Valley Highlands Unit 4 and Lot 15 of Boulder Mountain Unit 1 shall be submitted to the Department of Public Services prior to final map approval. If approval cannot be obtained, both lots shall be required to connect to the sewer system for the project. Should the offsite sewer design fall outside of existing public roads and utility easements, the subdivider shall be responsible for obtaining all necessary easements prior to final map approval at no cost to the City. 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. A reimbursement agreement may be utilized by this developer for reimbursement of the costs of the offsite sewer main, in accordance with the City's Reimbursement Ordinance. Fire hydrant spacing shall be in accordance with the requirements of the Department of Safety Services. The developer shall install a standby water system on Lot 1 to the satisfaction of the Director of Safety Services. Resolution No. P 85-41 Page 6 17. 18. 19. 20. 21. 22. 23. 24. Should this project precede the Green Valley Groves project (TTM 82-01R), all offsite water facilities necessary shall be bonded and constructed with this project to the satisfaction of the City Engineer. The developer shall pay for a water system analysis to establish the proper size and location for the public water system. The amount will be determined by the cost of the analysis and will be a full cost recovery deposit. Should the offsite water design fall outside of existing public roads and utility easements, the subdivider shall be responsible for obtaining all necessary easements prior to final map approval at no cost to the City. 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. Additionally, a reimbursement agreement may be utilized by this developer for reimbursement of the costs of the offsite water main, in accordance with the City's Reimbursement Ordinance. Prior to final map approval, the developer's engineer shall prepare and submit a detailed hydrology and hydraulic report on the project. This study shall be subject to the review and approval of the City Engineer, and its results shall be implemented in the tract grading and drainage improvements. The applicant shall dedicate an access easement to Cable Television Compay holding the franchise to the area of Boulder Mountain Road to the water reservoir sites. An additional easement will be required to locate an antenna system on or near the reservoir site. Grading of the property shall be limited to the construction of building pads, driveways, interior roads, and utility improvements and be subject to the Directors of Public and Planning Services. Building pads shall be in the approximate location of the circles noted on the tentative map. The mobilehomes located on Lots 8 and 10 shall be allowed to remain until the owner, Mr. Howard Smits, decides to sell the property. Any change in the ownership of Lots 8 and 10 shall require the removal of the mobilehomes. Resolution No. P 85-41 Page 7 25. A 15 foot equestrian/pedestrian trail located along the south property line shall be dedicated and improved to rural community standards. The existing chain link fence on the south property line will be acceptable as fencing provided that the top barbs are either removed or shielded to the satisfaction of the Director of Community Services. The construction of the trail may be deferred until the time of construction of Boulder Mountain unit 1. If either of the adjoining properties to the east or west commences development prior to the construction of Boulder Mountain unit 1, the applicant shall within 30 days, commence construction of the required equestrian/pedestrian trail. 26. All existing and proposed utility lines must be placed underground per City ordinance. If any modifications are made to the undergrounding requirements, the applicant must comply with the predominant ordinance at the time of map recordation. 27. Gated entries within the project shall be subject to Development Review. 28. Condition 26 shall be eliminated from the tentative map. 29. An open space easement shall be placed on the steep west slopes of the property located between Lots 1 and 15 as indicated on the tentative map. The open space easement shall be retained in private ownership with the land to remain in its native condition. Any grading or improvement shall be to the satisfactions of the Directors of Planning and Public Services. Section 3: Tentative Tract Map No. 85-03, 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. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Approval of this request shall not waive compliance with all sections of the zoning Development Code and all other applicable City ordinances in effect at the time of building permit issuance. Resolution No. P 85-41 Page 8 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. B. PARKING AND VEHICULAR ACCESS No Conditions C- LANDSCAPING No Conditions 1. 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. 2. 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. 3. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway ordinance and shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. 4. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. D. SIGNS No Conditions e e e So e e Resolution No. P 85-41 Page 9 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 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 Planning Services in accordance with the Master Plan of Trails Element. Parkland Dedication or payment of Park Fees at the established rate shall be made prior to final map approval. EXISTING STRUCTURES Provide compliance with the Uniform Building Code for property line clearances considering use, area and fire-resistiveness of existing buildings. Existing building(s) shall be made to comply with current building and zoning regulations for the intended use or the building shall be demolished. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. ADDITIONAL APPROVALS REOUIRED Development Review or Minor Development Review shall be accomplished prior to the issuance of a building permit. 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. II. e ® t 6o 0 m e e Resolution No. P 85-41 Page 10 APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GP~DING 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. 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. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to final map approval approval. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 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. A pre-blast survey of surrounding property shall be conducted to the satisfaction oof the City Engineer prior to any rock blasting. Seismic recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the City Engineer. STREETS AND SIDEWALKS The developer shall pay a pro-rata share for the installation or modification of the traffic signals at Espola/Martincoit Road prior to final map approval. Vehicular access rights to Boulder Mt. Rd. for lots 8-12 shall be dedicated to the City of Poway and labeled on the final map to the satisfaction of the Director of Public Services or by separate document. Ail interior and exterior public streets shall be constructed to public street standards. Street striping and signing shall be installed to the satisfaction of the Director of Public Services. Ail street structural sections shall be submitted to, and approved by the Director of Public Services. Resolution No. P 85-41 Page 11 0 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. e Ail exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Public Services. 8. Street improvements that include, but are not limited to: X a. Sidewalks X b. Driveways X c. Wheel chair ramps X d. Curb and gutter X e. Cross gutter __ f. Alley gutter X g. Street paving __ h. Alley paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Public Services. e 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. 10. Prior to any work being performed in the public right-of-way, an encros Services office and appropriate fees paid, in addition to any other pe~ 11. Street improvements and maintenance shall be made in accordance with City Ordinance standards for semi-rural streets Arroya Vista, dedicated rural streets all interior streets. 12. The developer shall pay the Traffic Mitigation Fee at the established rate prior to building permit issuance. Jo DRAINAGE AND FLOOD CONTROL 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. 2. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 0 The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to final map approval. e ® e ® e Le Resolution No. P 85-41 Page 12 UTILITXES 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. 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. Prior to acceptance of property for sewer service, annexation to the sewer improvement area 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 provide 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. All fixtures shall use a clear, low pressure sodium vapor light source. c. Advance energy charges and District engineering charges shall be paid by the developer. d. Annexation to the lighting district shall be accomplished and evidence of annexation and payment of lighting fees shall be presented to the City. Cable television services shall be provided and installed undergroun( The developer shall notify the Cable company when trenching for utilities is to be accomplished. GENERAL REOUIRENENTS 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. The control of the CC&R's for Green Valley Highlands Unit 4 shall be relinquished to the governing board of Units 1 and 2 within one year after the applicant has relinquished control of the subdivision. Resolution No. P 85-41 Page 13 2. Final parcel and tract maps shall conform to City standards and procedures. 3. Should this subdivision be further divided, each final map shall be submitted for approval by the Director of Public Services. 4. All provisions of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. 5. 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. 6. Prior to final map approval, all dedications shall be made and easements granted as required above. 7. The tentative map approval shall expire on July 16, 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 Counci/~of the City of Powa¥, of California, this 16th day of July, 19~. ~~~~ Carl R. Kruse, Deputy Mayor ATTEST: Marjori'e K. Wahlsten, City Clerk State