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Res P-85-60RESOLUTION NO. P 85-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 3994RM ASSESSOR'S PARCEL NUMBER 316-040-37, 317-200-24 WHEREAS, Tentative Tract Map No. 3994RM, hereinafter "Map" submitted by The Fieldstone Company, 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 southeast quarter of the northwest quarter of Section 23 and the southeast quarter of the northeast quarter of Section 22, Township 14S, Range 2 west, San Bernardino Meridian into 33 lots, regularly came before the City Council for public hearing and action on September 3, 1985 and subsequently was brought forward for confirmation on September 10, 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. 3994RM and the Map thereof: The tentative tract is consistent with all applicable general and specific plans; The design or improvement of the tentative tract is consistent will all applicable general and specific plans; The site is physically suitable for the type of development proposed; de 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; The tentative tract is not likely to cause serious public health problems; Resolution No. P 85-60 Page 2 ge 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 prop- erty within the proposed subdivision; he That this project will not create adverse impacts on the environment and a Negative Declaration is issued; Section 2: Tentative Tract Map No. 3994RM, a copy of which is on file in the Planning Services office, is hereby approved subject to the following conditions: The modification of the resolution approving TTM 3994 and P-79-68W shall be read as amended in Exhibit A. Ail other conditions for TTM 3994R as approved by the County Board of Supervisors shall be completed as required. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 10th day of September, 1985. Robert C. Emery, Mayo~// ATTEST: ~rjbrie-K. WahIste~, Ci0ty Clerk 'COUNT'Y OF PAUl. (~. DIEGO Fianning Commission 9150 Otesammke 0rive (0173), San Die,lo, Caiiforni~ 921~3 Telenhone (714} 565-55-°5 NOTICE OF APPROVAL OF T~NTATIVE MAP APPLICATION BY SAN DIEGO COUNTY PLPaNNING COMMISSION Tentative Map N,mber: TM 3994R Date of Notice: June 6, 1980 Ms. Julie Dillon 2605 C~mino Del Rio, #200 San Diego, CA 92108 The William Lyon Company 8340 Clairemont Mesa Blve., Suite 211 San Diego, CA 92111 ; Attn: Mr. Keith A. Johnson On May 30,.1980, the San Diego County Planning Commission adopted the at~ached Resolution of Approval on your tentative map application. The above decision of the Planning Commission becomes final on the fifteenth day after the Planning Co,~$sion's action unless prior to that date you or a protestant files a written appeal to the Board of Supervisors accompanied by a fee of $55. Filing of an appeal will stay the decision of the Planning Commission until a new hearing on you~ application is held and action is taken by the Board of Sup. erviso~ (Refer to Section 81.507 of County Subdivision Ordinance]. I, Paul C. Zucker, Director of Depa~ment of Planning and Land Use, and Secretary to the Planning Co,...n{~sion of San Diego County, State of California, hereby certify that I have co~ared the attached copy with the original Resolution passed and adopted by the Platming Co~mnission of said County of San Diego, at a regular meeting thereof. At the time and by the vote herein stated, which original Resolution is now on file in my office, that the same contains a f-all, t~e, and co~-fect t~-anscript therefrom and of the whole thereof. 'Paul C. Zucker, Secretary Gerald M. Hermanson, Deputy Attachment: Resolution of Approval on Tentative Map ~/dst E~ABIT A DPL Form 9453 3-15-79 ~2,{EN~ED RESOLUTION OF THE S~ DI~-GO CCUh~Y Pb~NNIi;G C0r, B[ISSICN APPROVING P~EVISED TENTATIVE ~.IAP ~;O. $994R ,Hay $0, 1960 Pluming Commission Date A.qEND~.{E.N'T # 1 I¥1~.EP~AS, Tentative ~Iap No. 3994P_, described as: proposing the division of property generally a proposed subdivision of the S.E. 1/4 of the N.E. 1/4 of Section 22 together with the S.N. 1/4 of the N.M. 1/4 of Section 2~ in T14SR2~V, was filed with this Commission pursuant to the Subdivision ~iap Act and San Diego County Subdivision Ordinance on A~§~s~-g;?49~? April 2S, 1980; and h,"{EREAS, the subdivider proposes to file a final map of said subdivision; and t~}iEPdbAS, this Commission has considered said tentative map and recon~endations of the Department of PlanninC and Land Use, the County Department of Transportation, the Director of Park Development Division, the Director of Public health,.the Director of the Department of Sanitation and Flood Control, Environmental Review Board and the Poway Fire Department with respect thereto and has determined that the conditions hereinafter enumerated are necessary to insure that the subdivision and the improvement thereof will conform to all ordinances, plans, rules, standards and im.:rrovement and design requirements of San ~iego County: NOW, THEr~FGRE, BE IT P. ESOLVED that this Commission hereby makes the following findings: ' * The tentative map is consistent w~tn all elements of the San Diego County General Plan and with the Poway Community Plan because it ~roDoses residential development in an area designated Multiple Rural Residential and Residential 1, and within the Urban Limit line of the Plan; and * The design and improvements of the proposed subdivision are consistent With all elements of the San Diego County General Plan and with the Foway Community Plan because the terrain will be relatively unaltered and urban services are available to tke site; and The site is physically suitable for the residential type of development because the residential lots are situated on the relatively level portion of the site with good access; and Ihe site is physically suitable for the proposed density of development because grading is not excessive and open space is being provided; and .-'.~=.- The discharqe of sewera~'e., waste from the subdivision into the Pomerado County L"ater District sewer system will not result in violation of exis~inR requirements prescribed by the California Regional ;';ater Cuality Control Ooard '~ursuant to Oivision ~ ~cor~encin~ with Sec:ion 13P~UOi of th.- i',ater Code, as ~..ec__~e~ by Government Cote Section 66474.6; and *Amended S/SO/GO ",:C 'i ?' ~e design of the subdivision or the type of improvements will not cause serious public health problems because public sewers are available; and The desitin of the subdivision or the proposed improvements ar~ not likely to cause substantial environmental damage or substantially .and avoidably injure fish or wildlife or their habitat; and The desizn of the subdivision or the type of improvements do not conflict with easements, acquired by the public at large, for access through, or use of property within the proposed subaivision, as defined under Section 66474 o4 the Government Code, State of California; and IT IS FO~D, DETER. lINED AND DECLARED in accordance with the attached Conditional Negative Declaration dated Autust 23, 1979, that ~.! 3994 would not have a si~ni- ficant effect on the environment. NOW, ~REFORE, BE IT FURTHER P£SOLVED, DETE~,{INED A~D ORDERED as follows: A. Said tentative map is hereby approvedpursuant to the County Subdivision Ordinance and no waiver of any requirement of said Ordinance is intended or implied except as specifically set forth in F79-65~and in this resolu- tion as follows: _~a~¥e.~e_~ee~emem~-~a~-~ea~-~m~e~see~Aem~-~e-~epa~a~e~-~F-a-m~m~m~m-e~- ~.~ee~-~e~-g~ee~-g-am~-Peme~a~e-Rea~- ~ee~-~e-;g-~ee~-fe~-ge~-$~- Waive the requirement'of Section S.l(c) of Article V of the San Diego County Standards which require 300 foot radius curves on Residential Collector streets. The waiver will allow a 27S' foot radius in the area shown as Be "Reserved for Future Street" adjacent to Lots 1 through 5. Waive Section $1.401(c) which requires all lots to front on a public road for Lot ~4 33 which shall si~ow a 20 foot access easement across Lots ~ 3._~1 and g~ 32. Within 15 days after adoption of this resolution, the foregoing finding of this Commission may be appealed in accordance with Sec=ions 66473.5, 66474, 66474.1 amd 66474.6 of the Subdivision Map Act to the Board of Supervisors. No final map shall be approved, no grading permit issued, and no building permits for model homes or other temporary uses as permitted by Section 6116 of ~ne Zoning 0rdinm~ce shall be issued pursuant to said tentative subdivision map until after the expira=ion of the 1Sth day following adoption of reis resolution, or if an appeal is taken, until the Board of Supervisors has sustained the determina=icn of this Commission. *Amended S/SO/SO "' Ce The approval of this tentative map expires on Ha~eh-~v-~gg½- November 14, 1981 at St00 p.m. The final map or maps conforming to this conditionally approvea tentative map shall be filed with the Board of Supervisors in time so that said Board map approve the map before this approval expires unless prior to that date the Planning Commission or Board of Supervisors subse- quently grants a one year time extension for obtaining such approval of said final map or maps as provided by the County Subdivision Ordinance. Said tentative map of the proposed subdivision is approved subject to the following conditions which shall be complied with before a final map thereof is approved by the hoard of Supervisors and filed with the County Recorder of San Oiego County: (PLAINS .%ND SPECIFICATIONS) The subdivider shall submit plans and specifications for improvement~ of all public streets, rights-of-way, drainage easements, culverts, drainage structures and drainage channels to the County Department of Transportation for approval. Unless specifically waived herein, such plans and specifications shall provide for and be subject to the following conditions lettered a through ¥+ ~; Street ali~ments and grades, including the change of any existing or proFosed street alignment and grade, as require~ by the Director of Transportation. A drainage system capable of handling and disposing of ail surface waters originating within the subdivision and all surface ~aters that may flow onto the subdivision from adjacent lands. Said drainage system shall include any easements and structures required by the Director of Trans- portation to properly handle the drainage. The improvement of all drainage easements by culvert or drainage channel of adequate size, whichever is required by the Director of Trar. sportation. Any required drainage channel shall be lined with a suitable material as specified by the Director of Transportation. Ail such drainage easements shall be monumented along property lines at locations approved by the Director of Trmnsportation. An access easement shall be provide~ to each drainage system maintenance access point not directly accessible from a public roadway. Such access easement ~o be improved, fenced and aligned to the satisfaction of the Director of Transportation. do The installation of all gas, electric, sewer, and water lines and any other below surface utilities to take place before the installation of any concrete curbs, gutters, and sidewalks, and the surfacing of the streets. Portland cement concrete cross gutters to be installed where water crosses the roadways. f. The exact depth of imported base material to be based on soil tests which have been approved by the Director of Transportation. 'Amende~ S/SO/SO I?.I 3994R -4- * * lit a~e-~e-~e-~&aee~-&~-~e-~&&e-~k~-e~-wa¥-a~e-s~ee~_~e.~e_~e&Aew~§_ Construct ~ lisht system conformin~ to San Diego County Standards at no cost to the public subject to the followin[: (1} Cut-off luminaires shall be installed which will prove true 90° cutoff and prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. · (2) All fixtures shall use a clear, high pressure sodium vapor light source. (3} Mo mercu~l vapor, quartz, metal halide or dif±~se coated high pressure sodium lamps shall be installed. h. Sight distance requirements a: all public street intersections to conform to the intersec:ional sight distance criteria a~ provided by the American Association of State Highway Officials in the publication "Geometric Design for Local Roads and Streets - 1~71" or as revised. i. If the improvement plans show a need to excavate in any public roa~ right-of-way, the develomer shall place a cash deposit with the - Director of TransportatiOn to insure that any damage to the existing roadway is repaired in a timely manner. j_~. P.C.C. Sidewalks shall be five ($) feet in widti~ including the curb. The portion showing as "Reserved for future street" required to be offered for dedication in the vicinity of Lots I through S ~d ;g 28 shall be graded to the satisfaction of the Director of Transportat~-~-n. 1_:.. The portion of Future PomeradoRoad CR$ 18S9) [SA 760) shown as "Portiom reserved for future street" in the vicinity of Lots 10 through 12 re- quired to be offered for dedication shall be graded to the satisfaction of Director of Transportation. mo Improve the Riding and Hiking Trail System to the following design standards and the satisfaction of the Director of Transportation: C1) The trails shall contain a minimum of eight (8) feet of tread width constructed on massable turf of approved material, Trails shall include all ne[essary slope rights adjacent to the trail necessary for construction. Trail o~radients shall not exceed IS~. l;~ere natural grades exceed 1S% sufficient width for switchbacks shall be provided to accommodate a 1S% gradient trail. Trails shall intersect roads at approximately 90° angles. *Amended $/~0/$0 · TI,! $994R -5- (4) The trail system shall be continuous through the subdivision and shall provide for local access within the subdivision. (S) Points where the trails exit the subdivision shall be coordinated with existing or planned trail locations on adjacent property. Construct facility Number $ (Page IV-IlS) of the San Diego CoUnty Flood Control District Zone i Comprehensive Plan for Flood Control and Drain- aZ. from its westerly end to its easterly end of the existing facility. Sach building lot shall have a flood-free site for a residence. The building site shall be safe from the flood flow peak of a lO0~year frequency storm. An adequate energy dissipator is to be constructed at tile outlet of each storm drain. tIydrology and hydraulic calculdtions for determining the storm drain syptemdesign shall be provided satisfactory to the Department of Sanitation and Flood Control. The subdivider shall comply with either 1 of 2 of the following: i. ~e tentative map shall be red.si§ned so that all fill and building sites are outside of the flooaway of ~eeler Creek; or The subdivider shall construct a private channel as shown o~ the tentative map. 'the subdivider simll re~a~2, at ~heir expense, a soils engineer to investigate tile proposed channel improvements for ~eeler Creek. ~e soils engineer shall prepare z reporr with recomm, endations for a stable drainage channel for use of the Depart- ment of Sanitation and Flood Control. The report will include, but not be limited to, the following items: Logs of borings and laboratory results. (b) Expansive or other poor soils. (c) Groundwater and subdrainage. (d) Slide slope stability during flood. (e) 8earing capacity during flood. The subdivider's registered civil engineer shall parepare a computer analysis, establish a new'floodway, and prepare a revised floodway map to the satisfaction of Department of Sanitation and Flood Control as required by Board of Supervisor Policies I-6S aha 1-69. No fill will be permitted in tho relocated floodway. If the design of tile chm%nel alters the flow pattern at the dog, stream property line, tile subdivider shall obtain a waiver and release docu- ment from the do;~stream o~er. Unless specifically wiaved herein, the San Diego County Stanaards shall apply in preparing improvement plans irrespective of what is shown on the approve~ tentative map. *Amended 5/50/80 I%! 5994R -6- Construct, or agree to construct, the public improvements shown on the improvement piths as approved by Director of Trszlsportation. (GRADING PLANS) Prior to the issuance of a grading permit the subdivider shall comply with the following conditions lettered a through c: The subdivider shall submit grading plans and grading permit application and all grading permit fees and deposits to the County Department of Transportation. Grading plans shall be approved prior to or concurrently with the approval of the Improvement Plans. b.'--No 'gradiffg"shall be '~-~nitted 'within t~[4-~bdi~i~ion until the subdivider o~A-fns s~-~-~mm-~ ~rom the Pomef~u~ty'~ater Distric:~ No grading shall be permitted in the 40 foot private easement along the northerly property line, without the written consent of the grantees or successors of said easement. (ZONING AD~.IINISTRATION) Obtain a zone reclassification to the R-R-1 Use Regulation or moro restric- tive use regulation by the Board of Supervisors for a portion of the property as showm on R79-64. Obtain a Modified Hajor Use Permit for lot averaging (P79-6SlV_) by the Planning Co~mission or Board of Supervisors and accomplish conditions A.1 through A.5. (FAIR HOUSING) 5. Submit to the Department of Transportation a letter from the Contract Compliance Office stating its approval of an affirmative fair housing mmrketing plan. (SA/;ITATION) Obtain the commitment of the Porn.rode County Water District to connect ail lots within the subdivision to its public sewer system and obtain the consent of said District of the plans and specifications for the installation of a sewer system servin~ each lot within the subdivision. (FIRE PROTECTION) 7e Submit a letter from the Poway Fire Department 'stating-'sAti~faC%~ofi--~£~h--~e t}Te aud location of fire hydrants and the mini~:um-~vailable"fir'e "f~ in--- gallons ?er minute to~ether with a certification from the Powa,w ?~uniciDal Water District or agency certlf~ing tn. fire de?~rtment's minimur,, fire flow ti:at fire flow is available to serve tn. site. C?IITICLTION HF.%SURES) 8. Soils Prior to the issuance of any grading permit, the applicant shall submit a geotechnical report consisting of a subsurface soil and geologic investiga- tion to the satisfaction of Department of Transportation aadressing tho following adverse conditions: *Amended S/SO/SO ~.~ $994R -7- Soils underlying that portion of the project site to be developed have been identified as slopewash and alluvial soils exhibiting moderate to high shrink/swell behaviors which will require special grading and/or foundation design consideration. Sta6ility of the emban~ent and dam surrounding the pond is questionable and ~urther evaluations o£ dam and embankment stability will have to be accomplished prior to the preparation of final grading plans. Biolo~ Prior to Board of Supervisors approval of the Final ~ap, an Open Space Ease- ment shall be granted to the County of San Diego. This easement shall extend from the eastern boundary of the limit of inundation of a lO0-¥ear flood, west to the property boundary including the pond. The following activities shall be allowed within ~his Open Space Easement: a. an 12-18 inch pipe will be constructed under the "peninsula" extending into the flood plain. ~xis pipe will be from the existing channel to the pond. b. Mosquito Abatement Program. (This shall meet with the approval o£ the Department of Public Health.) (1) ~laintain a water depth of at least four (4) feet in all water imp..oundments. (2) Maintain a 2:1 slope on all banks of water impoundment. (3) Establish and maintain an annual program of curtail removal and removal of other dense aquatic vegetation growth. Initiate and maintain a weekI¥ inspection progrmm for mosquito breeding. - (5) Maintain a mosquito fish population at all times in all water impoundments. (6) ~aintain a larviciding program as necessary, should other available means fail. c. Future corrals or other recreational activities shall be allowed in the flat portion of the northern section in this easement in the ruderal grasses area. d. Channel improvements and relocation si%all be allowed to the satisfaction of the Department of Sanitation and Flood Control. e. Access into and grading within the borrow area shall be allowed. Hewever~-~hese-ae~¥~e~-~ha~-no~-~n~rude-~fthfn-5~-feet-of-~he TM 3994R -$- This easement shall preclude vegetation removal or additions except as required by written order of the fire department for fire protection or as needed to accomplish above activities. This easement shall meet with satisfaction of the coordinator of the Environmental 3malysis Division, except for item 2 which shall meet with the approval of the Public llealth Department and item 4 which shall meet with the approval of Department of Sanitation anu Flood Control. .,iklno trails shall be allowed in the Open Space easement or Riding and ':'" ~ park area, but shall not intrude in the area of existing rare plants. (FINAL 10. The final map shall show or provide for the following lettered a through o: Dedicate all on-site drainage easements, including casemen:s for access thereto, and show monumentation for such easements, as required by the Director of Transportation. b. No lot shall contain a net area of less than 10,000 square feet as sholm on the plo~ plan for P79-68~. e..._Tha~.pe~ien.e~_~e~-;4.se~he~y-e~-ge~s-;O-amg-$~-and-eas~e~y-ef-~he ~tee~way-sha;~-~e-~es~§na~e~-ge~-;;- ~f-~he-R-R-4-a~ae-4~ne~ Access to sa&~ lot SS shall be via a 20 foot easement located on the souti~erly side of Lot-~S $1 and SS $2~ e~- d. Should the Board of Supervisors accept Lots $4 $__~1 and ;~ SS for public park purposes, the following conditions shall apply: ~½)_-het-3S-sha½½-eensis~-e~-~ha~-a~ea-shewn-en-ahe-~en~a~ive-map-as-½e~-$3- aa~-ia_additioa~-~ha~-a.ea-eas~e.{¥-e~-~he-mes~-wes~eF½Y-½imits-of-the- Lot ~S 32 shall be commonly maintained by a-hz~z~:~zrz zzzzzi~ziz~ __: landsca~ maintenance district established in P79-68~. Lot S4 33 shall be dedicated to the County of San Diego as a passive unimprove---d open space park. Lot S~ 31 shall be dedicated to the County of San Diego for public park purposes. By separate document prior to the recording of the final subdivision map, or on the final subdivision map, there shall be granted to the County an open space easement over Lot $~ 32. Said open space easement shall be approved as to form by County Counse--~ana shall limit the uses within the easement tO landscaping and recreation purposes, including buildings, structures, and improvements approved by Lot Averinging Permit PTO-68W and subseouent permits or modifications that may oe issued under provzszons of the Zoning Ordinance. *Amended 5/30/80 1:? k. Should tile Board of Supervisors decline to accept Lots ;4 $1 and g; 33 for public park purposes, tile following conditions simll apply: Lots ;4 32 and 35 shall be combined with Lot ;; 31 and commonly maintained by a homeowners association f)r lanctscape maintenance district as established in P79-68W. gy separate document, prior to the-recording of tile final subdivi- sion map, or on the final subdivision map, there shall be granted to the County an open space easement over combined lot ;; 31. Said open space easement shall be approved.as to form by Co--~ty Counsel and shall limit the uses within the easement to lan,iscaping and recreation purposes, including buildings, structures, and improvements approved by Lot Averaging Permit PTD-6EW and subse- quent permits or modifications that .-.~y be issued under provisions of t:%e Zoning Ordinance. An open space easement be granted to the County over, upon, across and under the area defined on the final maps as an equestrian trail and no building, structures or other things sitall be constructed, erected, placed or maintained on subject easements except for the construction and main- tenance of said trail and structures appurtenant to the trail. Dedicate to the County, to the satisfaction of the Director of Department of Transportation and Director of Department of Planning and Land Use, a riding and hiking trail system within the subdivision. E&sements shall be a minimum of ten (10) feet in width where adjacent to rose right-of- way, and a minLmum of 20 feet in width where s~parated from rose right- of-way. The system shall not be within the existing 40 foot easement along a portion of the norhterl¥ boundary. ~te portion of the Tentative :!ap shown as "Reserved for Future Street" in the vicinity of Lots 1 through $ and ;~ 2S shall be offere~ for dedication on an Alignment satisfactor to Director of Transportation. Said offer shall include necessary slope rights. The westerly one half of Future Pomerado Road (KD lgS~) CSA 760) shottn as "P®~iem-~Reserved for Future Street" in the vicinity of Lots 10 through 12 sh~ll be offered for didication to a width of 57 feet plus slope rights. /q]e additional six (6) feet is for a bicycle path. The 100-year flood line of the natural channels crossing all lots, and draining watersheds in excess of 100 acres, shall be clearly delineated on tile final map. A flowa§e easement shall be granted to the fan Diego County Flood Control District for those portions of all lots in the floodway cf Beelcr Creek. ._. The final map shall indicate that a covenant requires the homeowners to maintain ti~e Eeeler Creek channel. *Amended 5/3~]/$0 ~,~ $994R -10- The final map shall include :he entire area sho~,~ on the tentative map and shall not be filed as ur, its; lot numbering and design on final map shall be in substantial conformance to that shown on tl'Ae tentative map. Relinquish all access rights to Pomerado Road (SA 760) m~d to exis:in~ Pomerado Roa~ from Lots 1, 2, 3, 4, $, 6, 9, 10, 11, 12, and 28. A note shall appear on the face of the Final Hap indicating that all lots within this subdivision have solar access as required by Section 81.401(n) of the Subdivision Ordinance. {OTHER) 11. ~e subdivider shall accomplish the following lettered a through The subdivider shall grant to the appropriate agency by recorded document all required off-site easements and all on-site water main easements that serve fire hydrants. The subdivider shall deposit with the County of Sm% Diego, through the County Department of Transportation, in care of the Community Services Agency cashier, a cash deposit sufficient to: (1) Energize, maintain and operate the street lighting system u~til - t~x revenues begin accruing from the subdivision for those purposes. (2) Augment the Contingency Fuad oE the existing District by an mmount equal to three months' operating cost of the subdivision. (4) -Augment the. Reserve Fmud by one month's operating cost. Pay the cost of annexation to an appropriate special district including the cost of processing through tho State Board of Equalization. After recording of the final map, the subdivision shall be a~inexed without notice or hearing, to an existing special district to operate and maintain the system. c. The subdivider shall install or agree to install a sewer system as a subdivision improvement and dedicate to the public that portion of such system which is within an existing or proposed public right-of-way. d. Streets shown on the tentative map to be given street nmaeS approved by the Street Address Section of the Department of Planning and Land Use and the suLdivider shall install all street name signs as a part of the subdivision street improvements. e. ~xe subdivider shall deposit with the County Department of Transportation $200.00 at the time the Lot Grading Plan or In~rovement Plan is sub- mitted. The deposit will be made with whichever plan is first submitted. Said deposit shall be used to cover the cost of site inspection by a County Geologist to determine whether or not any geologic hazara exists and, if such is fo~d, to review the geologic report preparei by the developer's Engineering Geologist. The developer shall reimburse the County Department of Transportation for any cost in excess of t~e deposit *Amended 5/~0/$0 ~ prior to recording the Final b!ap. ,%~y unused portion of the deposit will be ref,,.~dcd. ~te subdivider shall deposit fees in the amount of six thousand h~mg~ed-Dotlars ($6?400,00 6,000.00) with the Clerk of tire aoard of Supervisors, or ~-uarantee payment of those fees as may be required pursuant to Sec:ions 810.106 and 810.107 of the County Park Land~ Dedication Ordinance. fe~_p~epese~_p~va~e-epen-spaee-amg-~ee~ea~en-fae~es~- If the Board of Supervisors acceuts ~he dedication of Lots 31 and 33 as public park land, then al~ the above stated park fees shall be waived. g. ~te subdivider shall provide the Director of Trmnsportation with documentation from a licensed cable television operator stating that arrangements for the underground installation of cable television lines have been made or that a waiver of the underground installation has been granted by the Planning Commission, upon consideration of a report by the CATV R~view Commission that no licensed CATV operator is found to be willing and able to install cable television lines in the subdivision. h. The subdivider shall comply with Section 66436 of the Government Code by furnishing to the County Department of Trm~sportation a certification from each public utility and each public entity o~ing easements within the proposed subdivision sta~ing that: (a) they have received from the developer a copy of the proposed final map; (b} they object or do not object to the filing of the map without their signature; (c) in the case of a street dedication affected by their existing easement, they will si~n a "subordination cerzificate" or "joins-use certificate" on the map when requir~u bM the governing body. i. The developer shafi place a maximum cash deposit of-$~7699~89 $16,160.00 in the Community Services Agency Trust Fund'for the improvement of future Circulation Element roads in the Poway area. Said fee shall be reduced by the Director of the Department of Transportation of the Board of Supervisors subsequently adopts a lesser fee schedule. j. The developer shall partici[.ate in the cost of a traffic si%n&l i,%stalla- tion at the intcrsection of ?omerado Roac (5A760) and ;,;etate Lane Re The am. ount of tire developer's })ortion of the entire cost of tLe si[;nai shall not exceed $2,000. The subdivider shall secure recertifications satisfactory to the Director of Transportation of availability of adequate public services and utilities including but not necessarily limiteu to: fire, water and sewer services to the site, said recertifications dated within 90 days prior to Eoard of Supervisors approving final map. Amended 5/30/80 77,! $994R -12- 12. All lots within this subdivision shall have a min/~u~ of lO0 squat,, feet of solar access for eaci~ lot and for each future builain~ site within the ~ubdivision as required by Section 81.401[n) of :he Sub division Crdinance ~is approval is further conditioned by the following instructions to staff: ............ The County Department of Transportation shall notify the Clerk of the Board of Supervisors and the Director of the Department of Planning and Land ~se to delete the provisional classification affixed to the zoning encompassed by this subdivision. ~nis is a solar subdivision. All lots within this subdivision shall hay., a minimum of 100 square feet of solar access for each lot and for each 13. future buildin~ site within the subdivision pursuant tm Section 81.JOl[n) of the Subdivision Ordinance. ~e protection of the public interest requires that the subdivider, contractors, builders, lo~ or parcel owners, and other persons, fir~.m and corporations concerned with the development of said subdivision conform to the following standards, and all perr~its required by the County of San 0iego will be issued pursuan~ to such standards: a. All domestic water supplied for this subdivision shall' come from Poway qunicipal ';;ater ~istri¢:. All buildings constructed in this subdivision shall be connectea to the public sewe.r, system of the Pomerado County ;;'a~er District. c. Sewer and water lines shall no~ be laid in the same trench in any part of this subdivision. de Proper drainage shall be maintained throughout this subaivision so as to prevent ponding and/or storage of surface water that would create a public health hazard or nuism~ce. * Amended 5/30/80 ~.! $994R On motion of Commissioner Daily , seconded by Commissioner York , this resolution is passed and approved by the Planning Coramission of tile County of San Diego, State of California, a: a ~gular meeting held on this 3Oth day of May ~ 19 80, in the County Administration Center, San Die~o, California, by the following vote: . AYES: NOES: ABSSNT: ABSTAIN: Commissioners Daily, Jacob, Keen, York None Commissioners O'Brien, Schreiber Commissioner Parks *Amended 5/30/80 9150 C]~esapeake Drive ? L A M v I "c, San Diego, California 92123 September 21, 1979 Decision of the Commission On the Application of Palomar Investment Club Application Number P79-68 GRANT, as per plot plan dated August 28, 1979, consisting of one sheet, as amended in red and approved concurrently herewith, a major use pernit, pursuant to Section 4230 of The Zoning Ordinance, fo~ lot averaging. The following conditions are imposed with the granting of this mzjor use permit: A. Prior to tile recordation of tile final map for T5.! 3994 the following shall be accomplished: The permittee shall make suitable provisions as outlined in "a", ~,,, and "c" following, to assure the continued maintenance and operation of open space, recreational facilities and improvements specified herein: Co The permittee and all persons, firms or corporations, owniug the property subject to this major use permit at tile time of the recording of the final map or maps, their heirs, administrators, executors, successors, and assigns shall operate, maintain and repair all common open space, recreational facilities and improvements sho~,m on the plot plan primarily for the benefit of the residents of the subject development and shall continue to operate, maintain ,and repair said open space, facilities and improvements until such time as the operation and maintenance of said recreational facilities and improvements is assured by some public agency, district, corporation or legal entity approved by the Board of Supervisors.or Poway City Council. The maintenance and operation of said oDen space, recreational facilities and improvements shall be assured by thy granting of an undivided interest in said open space, recreational facilities and improvements to the purchasers of each of the individual dwelling units in said subject development and inclusion in the deeds conveying said individual units of provisions, such as covenants running with the land, requiring the owners, their heirs, administrators, successors and assigns to particigate in the cost of such maintenance and operation, and the creation of a legal entity with the right to assess all o~mers, in the costs of maintenance and operation of said facilities and improve- ments, or be assured by some other device creating a legal entity capable of maintaining and operating said omen space, facilities and improvements and providing for the participation by the o~,mers of all dwelling ~its in the cost of maintenance and operation and the enr%rcement of such participation. 3eeler Creek channel shall be maintained by a landscape maintenance district om by the homeo%.mer's via an executed convanent. P.79-68 -2- The applicant shall submit a Grading Plan depicting the location of the borrow pit, location of storage site for excavated material taken from the borrow pit and the location of access roads. The Grading Plan shall be to the satis£ac~ion o£ the £nvironmental Analysis Division and the Department of TransportaTion. (CND) The removal of the borrow material shall meet with the approval of the Department of Transportation. (CND) A landscape plan incorporating native species shall be submitted for the borrow area. This plan shall meet with approval of the Department of Planning and Land Use. (CND) $. The permittee shall obtain from the Department o£ Planning and Land Use certi£ication that specified conditions of the permit have been met. Record a final map for TM $994 and obtain a rez6ne R79-68 £rom the Board o£ Supervisors. Upon certification by the Director o£ Planning and Land Use £or occupancy or establishment of use allowed by this major use permit, the following conditions shall apply: ~te terms and conditions of this mjor use permit shall be binding upon the permit~ee and all persons, firms and corporations havin§ an interest in the property subject :o this major use permit and the heirs, executors, administrators, successors and assigns of each of them, .includin§ municipal corporations, public agencies and districts. ' 2. The Beele~ Creek channel shall be maintained open and safe operating condition at all times. $. All use of the floodway shall be in conformance with Section $S12 through 5522 of The Zoning Ordinance. Future private recreational improvements shall be approved by the Director of Planning and Land Use and shall be located in that area designated for such improvements on the plot plan. This major use permit expires on ~rch 21, 1931, (or such longer period as may be approved by the Planning Commission or Board of Sunervisors) tmless construction or use in reliance on this major use permit ~as commenced prior to said expiration date. P79-68 -3- [,~jor Use Permit Pursuant to Section ?358 o£ The Zoning Ordinance, the followin~ findings in support of the granting o£ the major use permit are made: ~e location, size, design, and operating characteristics o£ the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures. fact supporting Finding C1) is as follows: The smaller lot sizes allowed by this permit will be compatible with the lot patterns located to the east and with ~he substantial open space being provided as a buffer, no detriment will occur to surrounding land uses. C_) The impacts, as described in Finding Cl) above, and the location of the proposed use are compatible with the San Diego County General Plan. The fact supporting Finding (2) is as follows: The Poway Community Plan designates this area for Rural Residential and 5~itiple Rural Uses. ~e density proposed by this major use permit does not exceed that allowed by these categories and it is therefore compatible. The proposed use at its proposed location will provide a service or facility which will not be detrimental to the general well-bein~ of the surrounding neighborhood or community. The fact supporting Finding CS) is as follows: The proposed use will increase the housing supply in Poway and throu~% dedications, deposits, and improvements required in the accompanying tentative map resolution, certain publicbenefits will be provided by the applicant. /~.%e project has been. designed to maintmin ample open space, minimize gradins and preserve trees whiclx will enhance the neighborhood.