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Res P-89-104RESOLUTION NO. P- 89-104 F TH CIT CO N IL F T CI Y 0 POW Y, AP ROV G T NTA IVE ARCE MA 8-17 AS ESS 'S ARC L NU BER 21- 1 -27 WHEREAS, Tentative Parcel Map No. 88-17, hereinafter "Map" submitted by Ahmad Sedeht, applicant, for the purp se of subdividin the real property des ribed as a portion of the east ha f of the southea t quarter of the north- wes quarter of section 6, Township 1 South, Range 1 est, San Bernardino Met dian in the County of San Diego, tate of Californ a, according to official pla thereof into four lots, regularly came before the City Council for public hearing and action on September 5, 1989; 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 said report, the tal Initial Study, proposed Negative D with and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Find The City Council finds that this project will not have a significant adverse impact on the environment and hereby issues a Negative Declaration with mitigation measures as contained in the conditions of approval. Section 2: : The City Council makes the following findings in regard to Tentative Parcel Map 88-17 and the Map thereof: The tentative parcel map is t with all applicable general and specific plans; because the lots proposed are for residential use. The design or improvement of the tentative parcel map is consistent with all applicable general and specific plans; because the lot sizes created are larger than the minimum size required in the RS-2 zone. e The site is physically suitable for the type of development proposed, in that reduced grading techniques will be required of all developments with a slope in excess of 25 percent. The site is physically suitable for the density of the development pro- posed; because it is an "in-fill" project completing a previously established land use pattern. Resolution No. p-89-104 Page 2 e The desi n of the subdivision is not likely to cause substantial environm ntal damage and avoidable injury to humans and wildlife or their ha itat; because the riparian woodland and and mars habitats have been placed in an open space easement. The tentative parcel map is not likely to cause serious public health problems; because extension of public water and sewer will be required as conditions of approval. The design of the tentative parcel map will not conflict with any ease- ment acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision; and overhead utilities will be undergrounded. That this project will not create adverse impacts on the and a Negative Declaration with mitigation measures is issued. The effect of subdivision TPM 88-17 on the housing needs of the San Diego region has been considered and balanced against the public ser- vice needs of Poway residents and available fiscal and 1 10. The design of the subdivision has provided, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. 11. That t e parcel map will create four residential lots and will be locate in the RS-2 zone. The project qualifies for sewer allocation per Or inance No. 281 by providing the following benefits to the commun ty. Public improvements to the unnamed private road and Espola Road including curb, gutter, sidewalk, street lights and fire hydrant. bo The project is an "in-fill" project which will abate blight. Section Council Decision: Tentative Parcel Map No. 88-17, (a copy of which is on file in the Planning Services Department), is hereby approved subject to the following con- ditions: Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Resolution No. P- Page 3 SITE DEVELOPHENT 1. Site shall be developed in in the Planning Services with the approved site plans on file and the herein. Prior to any use of the project site all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. Construction of the rD sing for Parcel 4 shall be n keeping with the of t e iological study on file in he Planning Services De artment. A pier ri ge, or alternative to the Director of P1 nning Services, s al be used to cross the ripar an habitat. Location an design of said crossing shall be approved by the Directors of Planning an Public e For a new reside tial dwelling unit{ ), the applicant shall pay devel pment fees at the esta lished rate. Such ees may include, but not be limi ed to: Permit and Plan becking Fees, Schoo Fees (in accordance with City-a Dp ed o icy and/or or inance), Water and ewer Service Fees. Th se fees s al be a d prior to final map approval (map and map plan checking ; and prior o u lding permit issuance (water, sewer, drainage, traffic m tigation. I e erred to issuance of a certificate of occupancy, a secur ty deposit s all e posted prior to parcel map approval). 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. LANDSCAPING A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Services Department prior to the issuance of building per- mits. e A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to the issuance of building permits and prior to grading, to determine which trees shall be retained. Existing on-site trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall e approved for removal at the discretion of the Planning Services epartment during the review of the Master Plan of existing on-site trees. hose trees which are approved for removal shall be replaced on a tree-for- tee basis as required by the Planning Services Department. 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. All landscaped areas shall be maintained in a healthy and thriving con- dition, free from weeds, trash, and debris. Resolution No. P-89-104 Page 4 The subject development shall be annexed into the appropriate Landscape Otstrtct (LMD) prior to final map approval. All landscape plans and landscape development will conform to the City of Poway Guidelines to Landscape Development and City of Poway Landscape Standards. All developments required to construct public LMD improvements will be responsible to maintain those facilities for a 12 month period to City standards. A detailed improvement plan for LMD facilities shall be prepared to conform to the City of Poway Guidelines to Landscape ~ and be approved by the Director of Community Services prior to building permit 10. Construct all LMD improvements prior to building occupancy. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. RECREATION An open space easement shall be granted to the City over, upon, across a d under the area defined on the final maps as an equestrian/pedestrian tra 1 and no building, structures or other things shall be constructed, erecte , placed or maintained on subject easements except for the construction an maintenance of said trail and structures appurtenant to the trail. ® The developer shall pay the Park Fee at the established rate at the date of final inspection, or the date of the Certificate of Occupancy, whichever occurs later but a security deposit shall be posted prior to parcel map approval. ADDITIONAL APPRO~ UIRED Development Review or Minor Development Review shall be accomplished prior to the issuance of a building permit. A minor development review for an entry gate and monument sign shall be submitted to the Planning Services Department prior to the erection of either structure. The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative to the satisfaction of the Director of Planning Services. Resolution No. p-89-104 Page 5 All 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. 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. The document hich recorded the existing open space easement (Janua 14, 1981 as File o. 81-012367, Official Records) shall be provided to he Planning Serv ces Department. A revised open space in a om satisfactory o the Directors of Public and Planning Services, shal be recorded prior to the final map. At the completion f construction, and prior to occupancy, interior and exterior NEL shal e determined by field testing at developer's expense. Tests to e conduce by a recognized 1 expert. No occupancy per- mits shal be gran e until Condition G-7 is met to the satisfaction of the Building ode {lates adopted edition) "Sound Transmission Control." Any dwelling proposed on Parcel 4 shall observe a minimum setback of 71 feet from Espola Road as established by the analysis for TPM 16230 on file in the Planning Services Department. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading 0 approved grading plan and geotech- nical report, and accepted grading practices. 2. 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. 3. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of a grading plan. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. Resolution No. p_89-104 Page 6 Se The final grading plan sh ll be subject to review and approval by the Planning Services and Pub lc Services Departments and shall be completed prior to of he final map or issuance of building permit, whichever comes f rst. The use of multiple foundations, stem walls, and other reduced grading tech- niques shall be employed on Parcels 1, 2, and 3 due to the steep slope. A slope analysis within the proposed limits of grading shall be provided on conceptual grading plans. J A pr -blast survey of ) property shall be to the satis- fact on of the City Engineer prior to any rock blasting. Seismic recordings shal be taken for all blasting and blasting shall occur only at locations and evels approved by the City Engineer. ® Conceptual pads for all parcels and the proposed access road with pier bridge shall be prepared to the satisfaction of the City Engineer and the Director of Planning Services prior to recordation of the final subdivision map. STREETS AND SIDEWALKS The easterly 47 feet of Parcel 3 PM 10915 {also being the easterly 47 feet of the proposed subdivision} shall be dedicated to the public for street purposes. The offer of dedication shall be made on the parcel map. a The westerly half of Espola Road, contiguous with the subd boun- ary, and tran ition orthward and southward be ond the subdiv sion shall be edtcated and mprove to City of Poway Circula ion Element - econdary rteri 1 Road tandar s. Improvement shall inc ude, but is no to be imite to, wi ening he half street pave ent w dth to 37 feet including ransi ion improv men s beyond the rontage, construction of concre e curb, gu ter, and sidewalk, a d nstal ation of street li hts. Location of stree lights shall be as es gnated by the City upon ubmittal by the a plicant o the City's Public ervices Department of a plo plan showing he locat on of existing stree lights in Espola Road with n a 500 foot rad us from he subdivision's exterior boundary. Said plot p an shall be submi ted ~ with street improvement plans. The tentative parcel ap indicates an existing 44 foot private road easement for access t the sub ivision. Said easement is not reflected in that "Interim Bin er Form ", being referred herein as Preliminary Title Report, tss, ed by Ch cago Tit e Insurance Company on November 1, 1988, No. 706 58-02. herefore, off-site access {road easement) to the site from Del Pon ente Road shall be acquired prior to nklp approval. The road easement sha 1 have a right-of-way width of 50 feet. On-site portion of said ease- men shall be shown on the parcel map and shall be labeled as "private road easement reserved hereon". Resolution No. P-89-104 Page 7 e Also, both off-site and on-site portion of the abo e-mentioned easement shall be irrevocably offered for dedication ([00) o the City for street purposes. The off-site portion of said [00 shall e recorded prior to map approval and the on-slte portlon shall be made on he parcel map. The private road from Del Pontente Road, to the subdivision shall be improved to City of Poway's S - Local Street S Reference is hereby made to City Code Sections 12.20.070 and 12.20.080 for criteria and specifications. e A road maintenance agreement for said private road, in a form satisfactory to the City Attorney, shall be executed and recorded prior to map approval. Improvement plans or street and ewer, drainage} t at may be req he City's Public ervices Depar ngineer's approva with require or its construction executed pr other public utility lines (i.e., water, ,ired and shall be prepared and submitted to merit for review and shall meet the City securities posted and standard agreement or to map approval. All of the improvements shall be completed prior to issuance of a cer- tificate of occupancy. The tentative parcel map indicates that he existing 40 foot private road in Parcel 3, PM 10915, be vaca ed. Said easement is for access from Espola Road to Parcel g of said PM 0915, of which is not a part of the pr posed subdivision. Therefore, prior o map approval, a co y of recorded qu tclaim or relinquishment deeds from easement holders (owne of Parcel 2 an any other holders as disclosed by preliminary title repor s to be sub- mi ted by applicant) shall be furnished to the City's Public ervices Department prior to map approval. e Vehicular access rights to Circulation Element roads shall be dedicated to the City of Poway and labeled on the parcel map to the satisfaction of the Director of Public Services or by separate document recorded prior to map approval. Be Reciprocal acces insuring access and maintenance Services and/or and maintenance and/or agreements shall be provided o all parcels over private roads, drives or parking areas hereof to the satisfaction of the Director of Public he City Engineer. g. Street striping and signing shall be installed to the sat' Director of Public Services. of the 10. All street structural sections shall be submitted to, and approved by the Director of Public Services. Resolution No. P-89-104 Page 8 13. Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Public Plan check and expenses shall be paid by the devel- oper. 14. Street improvements that include, but are not limited to: a. idewalks e. DSS gutter --b. riveways f. ley gutter --c. heel chair ramps X g. reet paving --d. urb and gutter h. ley paving shall be constructed on or prior to the completion date of the standard agreement for public improvements or on or prior to occupancy of the units to the satisfaction of the Director of Public Services. 15. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to of bonds and imp to the satisfaction of the Department of Public Services. 16. Prior to any work being performed in the public right-of-way, a right-of-way permit shall be obtained from the Public Services office and appropriate fees paid, in addition to any other permits required. 17. The developer shall pay the Traffic Mitigation Fee at the established rate at the date of the final inspection or the date the Certificate of Occupancy is issued, whichever occurs later but a security deposit shall be posted prior to map approval. DRAINAGE AND FLOOD CONTROL 1. Intersection drains will be required at locations specified by the Director of Public Services and in with standard engineering p The proposed project falls within areas indicated as subject to flooding under the National Flood Insurance Program and is subject to the p of that program and City Ordinance. A drainage sy tem capable of handling and disposing of all sur ace water originatin w thin the subdi ision, and all surface waters tha may flow onto the s bd vision from ad acent lands, shall be required, aid drainage system sha 1 nclude any eas ments and structures as required y the Director o Public Services o properly handle the drainage. 4. Portland cement concrete cross gutters shall be installed where water .... crosses the roadways. No. P- 89-104 Page g The Master Plan of Drainage Fee shall be paid at the established rate in with the Drainage Ordinance at the date of final inspection or at the date the certificate of occupancy is issued, whichever occurs later. 6. Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES New water main shall be extended from Del Poniente Road to the subdivision. The size and location shall be as determined by a water systems analysis to be prepared prior to map approval. An easement, a minimum of 20 feet wide shall be dedicated to the City, also prior to map approval. 2. Sewer main shall be extended from Del Poniente Road to the cul-de-sac. A 20 foot wide easement for sewer line shall be dedicated to the City prior to map approval. 3. All proposed utilities within the project shall be installed underground including existing electrical utilities less than 34.5 KV along Circulation Element roads and/or highways. e Utility easements shall be provided to the specification of the serving util- ity 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. 7. Prior to acceptance of property for sewer service, improvement area shall occur. to the sewer The applicant shall pay for a water system analysis to establish the proper size and location for the public water system. The amount will be deter- mined by the cost of the analysis and shall be paid upon demand by the City. The applicant shall, within 30 da s after receiving appr val of the ten- tative parcel map, apply for a Le ter of Availability (L A) to reserve sewerage availability and post wi h the City, a nonrefun able fee equal to 20% of the appropria e sewerage connection ee in effect at the time the LOA is issued. 10. Developer shall construct a light system conforming to City of Poway Standards at no cost to the public, subject to the following: Resolution No. P- 89-104 Page 10 ae 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 or device. be All fixtures shall use a clear, low pressure sodium vapor light source, Ce Advance energy charges and District engineering charges shall be paid by the developer. de A to the lighting district shall be accomplished and evidence of annexation shall be accomplished at the time of final inspection or certificate of occupancy, whichever occurs later. &PPLIC~ ~II~LL CO#TACT THE SAFETY SERVICES I)EPAI¥fl~NT I~1)I1~ CONPLINtCE WITH THE FOI. I.~II~ COHI)ITION$: A new fire hydrant shall be installed at a location to be d by the City Fire Marshal. The hydrant is to serve Parcels 1, 2, and 3 and to be placed along the 50 foot private easement at the northern property line of new Parcel 3. Pri r to delivery of combustible building materials on site, water and sewer sys ems shall satisfactorily pass all required tests and be connected to the pub ic water and sewer systems. In addition, the first lift of asphalt pay ng shall be in place to provide permanent access for emergency veh cles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. RENENT~ AND APPROVALS copy of the Covenants, Conditions and Restrictions {CC&R's) nd/or rticles of Incorporation of the H Association shall e s'bject to he review for compliance with conditions herein, to the satis act on of the ity Attorney and Director of Planning Services, and shall be il, with the ecretary of State, the County Recorder and the City Clerk at he ime of inal map tion. 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 sub- mitted for approval by the Director of Public Services. 4. Complete boundary adjustment prior to application for final map. 5. All provisions of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. Resolution No. P-89-104 Page 11 e The tentative map approval shall expire on September 5, 1991. Application for time extension must be received 90 days prior to expiration in accor- dance with the City's Subdivision Ordinance. APPROVED and ADOPTED by the City Council oft~e City of Poway, State of California, this 5th day of September, 1989. ' Kru yor ATTEST: Marjorl~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, Mar orie K. Wahlsten, City Clerk of the City of oway, do hereby certify, under the enalty of perjury, that the foregoing No. P-89-104 , was duly adopt d by the City Council at a meeting of said C ty Council held on the 5thday o September , 1989, and that it was so adop ed by the following vote: AYES: NOES: ABSTAIN: ABSENT: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE NONE NONE NONE R/R-g-5.10-20 j rie{K./Wa) City of ~o.~w~y