Res P-89-111RESOLUTION NO. P-89-111
F H C
AP ROI G
ASSE SO ' P
OF H CI Y C UN IL
Y OF P W Y,
NTATIV RAC MA 8 -16
CEL NUB R 3 7-5 O- 5, 06
WHEREAS, Tentative Tract
Engineerl g Inc, applicant,
dividing h real roperty si
State of
quarter o he sou hwest quar
San Bernard no Mer dian, into
for public hearing and action
Map 88-16, hereinafter "Map" submitted by ERB
nd Willia Gret er, owner, for the purpose of sub-
uated in he Ci of Poway, County of San Diego,
as a or ion the north half of the
er of ec ion , Township 14 South, Range 2 West,
six lo s, regu arly came before the City Council
on Sep ember 1 , 1989; and
WHEREAS, the Director of Planning Services has ~ 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 initial
study recommending a Negative Declaration with mitigation and has
other evidence presented at the public hearing.
NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as
follows:
Section 1: Environmental F :
The City Council finds that the project will not have a significant adverse
impact on the t with the adoption of a Negative
The City Councll also makes the following findings in regard to Tentative
Tract Map 88-16 and the map thereof:
The tentative tract map is consistent with all applicable general and
specific plans, in that it fulfills objectives of the Housing Element
of the General Plan by providing residential lots on a site designated
for residential use by the Land Use Element of the General Plan.
The design or improvement of the tentative tract map is consistent with
all applicable general and specific plans, in that the lot sizes and
configuration meet the standards of the RR-C and RS-3 zones under pro-
visions of Poway Municipal Code Section 17.08.180.0 which allows lot
averaging.
e
Thl site is physically suitable for the type of development proposed
in hat it has an average slope of less than 15 percent and will be
gra ed in accordance with City of Poway standards to accommodate the
res dential uses proposed.
No. P-89-111
Page 2
m
Thts slte is physically suttable for the density of the development
proposed, tn that the lots meet the slope criteria of the RR-C zone.
Be
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 map is not likely to cause serious health problems
because City water and sewer service will be provided to all lots.
Be
Design of the tentative tract map will not conflict with any easement
required by the public at large now of record for access through or use
of the property within the proposed
e
The project qualifies for sewer capacity per Ordinance No. 281 for the
following reasons:
The project can be as an "in-fill" project as del ned
by the Land Use Element of the General Plan (la thru lc} as t is
a rural development project {i.e., density less than two dwe ling
units per acre) and is contiguous to existing rural and sing e-
family uses on the east and west and to an approved
housing tract on the south.
be
he property owner will provide a public benefit by: {1}
nstalling off-site oad improvements for Fred Road and Rimbach
oad; and (2) dedica lng and improving a pedestrian/equestrian
rail through the si e which can be used by school children
walking to Pomerado lementary School from neighborhoods to the
south and west.
Secti~ :
The City Council hereby approves Tentative Tract Map 88-16, a copy of which
is on file in the Planning Services Department, subject to the following
conditions:
Within 30 days of approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
APPLICANT S~AI.L CQ~TA~T 1'~E PLAI~4I~ SERVICES OEPARl14ENT RL:~eAROI~ ~t~tPLIANCE
WITH T~E FOLLO~II4~ CQ~OITION~:
SITE DEVELOI~IEtIT
1. Site shall be developed in with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Resolution No. P-89-111
Page 3
2. The future house on Lot 2 shall observe the required setbacks of the RR-C
zone. Setback shall not be approved for this lot.
3. The buildingpad on Lot 2 shell be redesigned so as to eliminate encroach-
ments tnto the required 50 foot rear yard and 20 foot side yard.
e
Revised site plans incorporating all conditions of approval shall be sub-
mitted to the Planning Services Department prior to issuance of building
permits.
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.
Se
For a new reside tial dwelling unit(), the applicant shall pay devel pment
fees at t e esta lished rate. Such ees may include, but not be limi ed to:
Permit an Plan heckin Fees, Schoo Fees (in with City-a opted
policy an /or or inance , Water and ewer Service Fees. These fees s all be
paid: {1 Prior to fin 1 map approval (fo improvement plan checking fee.
Traffic m tigation, dra nage, water expans on, park and sewer line charges
may either be paid or secured); and {2) pr or to building permit issuance
(for grading permit and plan checking fees .
A detailed landscape and irrigation plan shall be to and approved
by the Planning Services Department prior to the issuance of building per-
mits.
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.
e
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-
ree basis as required by the Planning Services Department.
Street trees, a minimum of 15 gallon size or larger, shall be installed in
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.
5. All landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, trash, and debris.
6. The project shall be annexed into the appropriate Landscape Maintenance
District prior to final map approval.
Resolution No. P- 89-111
Page 4
e
A detailed improvement plan for LHD facilities to conform to the City of
Poway Guidelines to landscape development and approved by the Director of
Community Services prior to final map approval.
8. To construct all LMD improvements prior to building permit
RECREATIQN
On lots having a private or public equestrian/pedestrian trail on or adja-
cent 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/p trail system in accor-
dance with the adopted sign standards and to the satisfaction of the
Director of Community Services prior to building permit issuance.
e
The trail alignment between Lots ! and 2 shall be revised by moving the
trail east of the property line in order to minimize t into the
narrowest portion of Lot 2.
e
An open space easement shall be granted to the Cit over, upon, across and
under the area defined on the final maps as an equ strian/pedestrtan trail
and no building, structures or other things shall e constructed, erected,
placed or maintain ed on subject except or 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 Community Services in accordance with the Master Plan of
Trails Element.
Parkland Dedication in lieu of payment of Park Fees, where applicable, shall
be made prior to building permit issuance.
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.
APPLICANT ,?zlL~LL GIX4TA~T THE DEP~TI~'NT OF PUBLIC SERVICES REGARDING ~X4PLI~NCE
WITH THE FOLU)~ING ~QNI)ITItX~S:
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and geotech-
nical report, and accepted grading practices.
R No. P- 8g-111
Page 5
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 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.
The final grading plan sh ll be subject to review and approval by the
Planning Services and Pub ic Services Department and shall be completed
prior to recordation of he final subdivision map or issuance of building
permit, whichever comes f rst.
A pr -blast survey of surrounding property shall be conducted 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
and evels approved by the City Engineer.
STREETS
lmbach Road and Fred oad within and/or along the subdivision boundary
ncluding off- tte or ion to Pomerado Road, shall be improved to City of
oway's Non-De icat d ura Street Standards. Reference is her by made to
ity Code Sect OhS 2. 0.1D and 12.20.120, and Ordinance No. 2 0 for cri-
eria of speci icat ons. oncrete curb and gutter shall be ins alled on
both sides of he s reets excepting that portion of Rimbach Roa along the
properties identified as APN 317-520-28 and 35.
Irrevocable offer of dedication t the ity of Poway, for street purposes
for Rtmbach Road and Fred Road wi bin t e subdivision, shall be made on the
final map. Any off-site portion o mee the City's criteria for right-of-
way shall be irrevocably offered or de ication prior to map approval.
Should Lena Lane be used for ingr ss and egress for Lots 5 and 6 (as
designate in the tentativ map), t shall be improved to the same criteria
nd speci ications for Rim ach Roa and Fred Road, hereinbefore mentioned.
he decis on to use Leona ane sha 1 be determined prior to map approval.
f ~ that it shal not be used for access, the abutter's rights to
eona Lane shall be relinquished to the City of Poway and shall be shown in
he final map. Also, a Quitclaim deed by the developer and/or owner for use
of Leona Lane shall be recorded prior to map approval.
If access to said Lots 5 and 6 is from Rimbach Road, an easement for ingress
and egress within Lot 4 {as designated in tentative map) shall be reserved
for the benefit of said lots and shall be so noted in the final map.
e
A road construction and maintenance agreement, in a form satisfactory to the
City for Rimbach Road, Fred Road, and Leona Lane (Leona Lane is
excluded if 'not used) shall be executed by the developer and/or owner prior
to map approval.
Resolution No. p-8g-II1
Page 6
The above street improvements shall be completed prior to Issuance of any
certificate of occupancE.
Improve ent plans for street and other publlc utillty lines (i.e., water,
sewer, ralnage) as required shall be prepared and submitted to the CltE's
Public ervices Oepartment for review and shall meet the Cite Engineer's
approva wlth required securities posted and standard for its
construction executed prlor to map approval.
Street striping and signing shall be Installed to the satisfaction of the
Director of Public Services.
All street structural sections shall be submitted to, and approved by the
Director of Public Services.
All exterior street improvements shall be constructed prior to issuance of
building permits, to the satisfaction of the Director of Public Services.
9. Street imp
that include, but are not limited to:
a. tdewalks e. oss gutter
X b. riveways f. ley gutter
X c. 'heel chair ramps X ~. feet paving
X d. urb and gutter or A.C. berm h. fey paving
shall be constructed prior to the occupancy of the units to the satisfaction
of the Director of Public Services.
10.
All damaged off-site public works facilities, including parkway trees, shall
be repaired or replaced prior to exoneration of bonds and improve-ments, to
the satisfaction of the Department of Public Services.
11.
Prior to any work being performed in the public right-of-way, an right-of-
way permit shall be obtained from the Public Services office and appropriate
fees paid, in addition to any other permits required.
12.
The developer shall pay the Traffic Mitigation Fee at the established rate
at the date the final inspection or the date the of Occupancy is
issued, whichever occurs later but a security deposit shall be posted prior
to map approval.
ORMKN~E N~) FL(XX) CONTROL
All public utility mains, i.e., water and sewer lin s, proposed to be
installed within private street , shall have the fu 1 width of said streets
dedicated t the Cit of Poway or such purposes, or lines not within a
street righ -of-way ut within he subdivision, a 2 foot wide easement for
each line ( 0 foot w de if comb ned} shall also be dedicated to the City of
Poway. Sai dedlcat OhS shall be made in the final map.
Resolution No. P- 8g-lll
Page 7
Any off-site portion of said maths, shall have easements, a minimum of 20
feet wide for each ltne (30 feet tf combined) shall be dedicated to the City
of Poway prior to map
That portion of 1the existing water main in Lot 1 shall b rerouted to
follow the lot line. The easement within said lot shall e vacated and that
a replacement easement (20 foot wlde mlnimum) shall be de icated to the City
of Poway. A fee for processing the vacatton shall be pal prior to map
approval.
2. Completlon of the above utlltty matns installation shall be done prior to
issuance of any buildings certificate of occupancy.
[ntersectton drains will be required at locations specified by the Director
of Publtc Services and/or Clty Engineer and In accordance with standard
engineering practices.
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 sba 1 nclude any eas merits and structures as required y the
Director o Public Services o properly handle the
5. Portland cement concrete cross gutters shall be installed where water
crosses the
The Master P an of Drainage F e shall be paid at the established rate in
accordance w th the Drainage rdinance at the date of final inspection or
at the date he certificate o occupancy is issued, whichever occurs later,
but a securi y deposit shall e posted prior to map approval.
7. Concentrated flows across driveways and/or sidewalks shall not be permitted.
~ILI?IE$
All proposed utilities within the project shall be installed underground
including existing utilities less than 34,5 KV unless specifically waived by
the Director of Planning Services.
2. Utility easements shall be provided to the specification of the serving uti-
lity companies and the Director of Public Services.
3. 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.
No. P- 89-111
Page 8
5. Prior to acceptance of property for sewer service, annexation to the sewer
improvement area shall occur.
The applicant shall pay for a water system analysis to 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 tract ap, apply for a Let er of Availability {LO ) to reserve
sewerage avai ability and post wi h the City, a nonrefun able
fee equal to 0% of the appropria e sewerage connection ee in effect at the
time the LOA s issued.
APPLIC, NIT ,~LI. CIXtTACT ~E OEPMTMBrr OF ,~:ETY SERVICE~ RE'T:~DIK CO#PLINK;E
WITH Tile RX.LO#IK C~I)ITION~:
1. A new fire hydrant is to be installed at the west end of Rimbach Road at
Parcel 4.
2. All driveways in excess of 150 feet shall be provided with a turnaround for
the turning around of each apparatus.
~EI~L I RBIEIR~ NtO APPROVALS
1. Final parcel and tract maps shall conform to City standards and p
2. Should this subdivision be further divided, each final map shall be sub-
mitted 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 dedications shall be made and easements
granted as required above except those that are offered in the final map.
The tentative map approval shall expire on September 12, 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 ~t~ the City of Poway, State of
California, this 12th day of September, lgSg./~t
II/
I R. }(ruse, Mayor
ATTEST:
Marj~ rl~.~ Wahlsten, y lerk
Resolution No. P- 89-111
Page g
STATE OF CALIFORNIA )
) SS.
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 Resolu ion, No. P-89-111 , was
duly adopt d by the City Council at a meeting of said C ty Council held on the
12thday 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-9-12.20-29
Marjorip ~. Wahlste , City Clerk
Clty of~,~way