Res P-92-63RESOLUTION NO. P-92-63
OF TH CITY C UNCIL
F TH CITY OF POW Y,
AP ROVI G TENTATIVE ARCEL M P 91-11
ASSESSO 'S PA CEL NUMBER 21-]11-- , 32]-110-18
WHEREAS, Tentative Parcel Map 91-11, hereinaft r "Map, submitted by H&L
Land Development, pplicant, Tom Nodes and Philip .etrovich owners, for the
put ose of subdivid ng real proper situated in he C ty of Poway, Count of San
Die o, Sta e of Cal for ia, descri ed as the sou hwes quarter of the n rthwest
ua ter an the nort wes quarter o the southwes quarter of S ction 4, ownship
4 outh, ange 1 West, an Be nar ino Base and eridian, in t e City o Poway,
ounty of an Diego, Sta e of ali ornia, accord ng to United tates G
urvey approved August O, 1 90, regularly came before the ity Council for
public hearing and action on ovember 10, 1992; 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 does hereby resolve as follows:
The City Council finds that given the proposed
project will not have a significant adverse impact on the
hereby issues a Negative Declaration with mitigation
the
and
Se
The proposed project is consistent with the general plan in that it
proposes to create three large parcels for residential development
and the site is designated for low density rural residential
development.
The design or imp ovement of the tentative parcel map is
with all applicab e general and specific plans, in that the proposed
lot sizes and con igurations adhere to the development standards for
the RR-A zone an the adopted standards for a lot averaged map.
The site is physically suitable for the type of development
proposed, in that the map proposes lots 16 acres or larger in size
which is suitable given the mountainous terrain and rural character
of the area.
The site is physically suitable for the density of the development
proposed, n that lot sizes conform to the density criteria of the
RR-A zone and the lot averaging standards contained in the Zoning
Ordinance.
5. The.design of the subdivision is not likely to cause substantial
tal damage and avoidable injury to humans and wildlife or
Resolution No. P-92-63
Page 2
other habitat,in that
potential impacts. The measures
fee title open space, nine acres
acre grading limitation on each
measures are required to offset
nclude preservation of 21 acres in
n open space easements and a three
or.
The tentative parcel map is not likely to cause serious public
health problems, in that all lots can be served by well water and
septic/leach field systems are required to meet county Health
Department standards.
The design of the tentative parcel map will not conflict with any
easement by the public at large, now of record, for access through
or use of the property within the proposed subdivision.
on:
The City Council hereby approves Tentative Parcel Map 91-11 subject to the
following conditions:
Within 30 days of approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
A revised site plan incorporating all conditions of approval shall be
submitted to the Planning Services Department prior to recordation of
final map.
Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit '
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 '
At the time new residential dwelling unit{s) are constructed, the
app icant shall pay development fees at the established rate. The
fol owing fees, including but not limited to, traffic mitigation,
dra nage, and park fees prior to occupancy. Permit and plan check fees
sha 1 be paid upon submittal of a map, and/or grading plan as applicable.
Fire protection fees ($50) must be paid upon submittal of final parcel
map.
Resolution No. P-92-63
Page 3
No grading for private road or building pad
shall be permitted to encroach on the deeded open space lot.
*7. The following note is displayed at the bottom of the tentative map:
NOTE: Owner reserves water and drilling rights on all
easements and deeded open space. Also reserving rights
to install leach fields in all easements and deeded open
space.
Prior to recordation of the final map, th s note shall be revised to omit
all references to fee title open space an to state that ny leach fields
located in open space easements must be renched b han. In addition,
the location and plan for any such lea field 1 cate within an open
space easeme t must be reviewed by a quali ied bio ogis and approved by
the City of oway Planning Services Depar ment pr or to start of work.
The grading or installation of any leach ield located in an open space
easement mus be monitored by a qualified iologist.
The three buildable parcels reated by this map are located in a
illside/ridgeline area. Any bu lding orgradin plans for the sites must
e approved by the City Counc 1 through the illside/Ridgeline minor
evelopment review process an conform to t e Hillside Development
olicies listed on Pages II-10 t rough II-13 of he City of Poway General
lan.
*g.
Parcel I of Tentative Parcel Map 91-11 includes almost an acre of coastal
sage habitat. In order to mitigate for potential future impacts on this
growth, th applicant shall coastal scrub areas which have been
destroyed off-road activities. This revegetation shall include all
such on-si e areas up to a total of one acre which are located in the area
labeled "eeded Open Space" on the tentative parcel map. This
revegetation shall consist of the hand or machine application of a seed
nutrient mix {hydroseed like). The mix and application plan shall be
approved by the City of Poway's landscape architect and must be applied at
the start of the rainy season. The revegetation plan shall be submitted
prior to final map approval and the work shall be completed prior to the
issuance of any building permit on Parcel 1.
*10.
The developer shall record individual covenants on Parcels 1, 2, and 3
restricting future grading for building pad, accessory structures, and
leach fields to a maximum of three acres per lot. Grading for reasonable
driveway access need not be included within the calculation of maximum
graded area.
11. The final map shall prominently carry the following covenant:
his tract is a lot averag d subdivision. Pursuant to
ection 17.08.180(0) of t e City of Poway Municipal
ode, none of the lot can e further subdivided unless
ity water is brough to t e boundary of the property
and newly created ots meet all applicable slope
requirements of the R -A zone.
'12.
13.
Resolution No. P- 92-63
Page 4
By separate document at the recording of the final subdivision map or on
the final subdivision map, there shall be granted to the Cit an open
space easement over portions of Parcels 1, 2, and 3. Said o en space
easement shall be approved as to form by the City Attorney and s'all limit
the use of the open space in a form acceptable to the Director o Planning
Services.
The 21.2 acre area labeled as "Deeded Open Space" on the parcel
map shall be dedicated to the City in fee title. Said transfer of title
shall commence at the recordation of the final map. The deed for this
open space will include restrictions on its use, including prohibiting any
structures, or grading, or other .... t with maintaining
it as a primitive open space area. These restrictions will be documented
on the final map.
A detailed landscape and irrigation plan for slopes and revegetation area
shall be submitted to and approved by the Planning Services Department
prior to the issuance of building permits.
All graded slopes greater than five feet in height shall be landscaped and
irrigated, and those three feet or greater shall be planted in accordanc
with adopted Poway Landscape Standards. A non-irrigated drought t leran
native hydroseed mix may be approved for slopes created by off-si e roa
improvements; however, the hydroseeding must demonstrate a subs antia
measures of success before any erosion control bonds/deposi s are
refunded.
The developer shall provide potential buyers with a current Zoning and
Land Use Map, and/or suitable alternative, to the satisfaction of the
Director of Planning Services.
Any 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.
APPLICANT SHALL CONTACT THE DEPARTHENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITXONS:
GRADING
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
A soils and geotechnical report shall be prepared by a qualified soils
engineer and geologist licensed by the State of California to perform such
work submitted with the first grading submittal.
7.
8.
9.
Resolution No. P-92-63
Page 5
The final grading plan, prepared on a standard size sheet, shall be
subject to review and approval by the Planning Services and Engineering
Services Departments and shall be completed prior to issuance of a grading
permit.
A pre-blast survey of surrounding property shall be conducted to the
satisfaction of 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 on the City blasting permit.
All new slopes shall be a minimum of 2:1 (horizontal to vertical). Cut
slopes may be steepened to 1.5:1 only upon prior approval of the Directors
of Planning and Engineering Services Departments.
A final compaction report and record drawing shall be submitted and
approved prior to issuance of building permits.
Site grading shall be certified by the project civil engineer prior to
issuance of building permits or release of securities.
Buildings and parking lots shall be at least five feet from tops and toes
of slopes.
10.
If pad elevations increase by greater than two feet in height from those
approved on the tentative map, City Council approval will be required.
Non-supervised nor non-engineered fill is specifically ot allowed. Rock
over 12 inches in maximum dime ion may only be place in areas clearly
delineated on approved plans, ocks may not be neste in groups greater
than three, nor may any loose so ls be allowed to rema n on or around rock
groupings. No rocks shall be p aced on or in manufactured slopes.
11.
Erosion control, including, but not limited to desiltation basins, shall
be installed during the period between October 15 and April 15. The
developer shall make p to insure the proper maintenance of all
erosion control devices until landscaping has provided complete ground
cover.
'12. The tops and toes of all graded slopes shall be constructed with a five
foot minimum setback from any open space area.
STREETS
Private road improvements shall be designed and secured prior to
scheduling the final parcel map for City Council approval.
o
Roads serving each parcel shall be constructed on-and off-site to the
City's non-dedicated rural road standard to the nearest publicly-
maintained road. Specific improvements for one possible alignment have
been schematically represented on a plan prepared by the applicant's
engineer.
Resolution No. P- 92-63
Page 6
The requ red road improvements shall be constructed under a grading
permit, he applicant shall provide a letter of acknowledgement from the
owner of he underlying fe title oF each property being graded. In the
absence o such a letter, t e applicant must demonstrate that the proposed
grading will be consisten with the easement rights held and will not
)ly interfere wit the intended use of the easement.
A road maintenance agreement shall be executed for all parc ls created on
this map providing for the maintenance of the access road o the nearest
public-maintained road. The property may elect to oin existing
maintenance agreements that may exist and be deemed adequa e by the City
Attorney.
Private street improvement plans shall be prepared and processed as a
grading plan. Said plans shall be repared on standard sized sheets by a
Registered Civil Engineer. The rading plans shall be approved and
posted prior to final p approval. The shall be
posted with a standard agreement wh ch requires the developer to
the facilities within two years of of the agreeme t. The
security shall be for 100 percent of the total estimated cos of the
improvements. The normal requirement for a 50 percent paymen and 10
percent warranty security is waived due to the fact that this s not a
public improvement.
A monument bond in an amount acceptable to the City Engineer shall be
posted prior to scheduling of the final parcel map for City Council
approval.
DRAINM
FROL
A drainage system capable of handling and disposing of all surface water
originating within the development, and all surface waters that may flow
onto the development from adjacent lands, shall be required.
UTILITIES
Overhead utility service may be utilized per City Council Resolution No.
91-003; however, lines between the structure and the nearest pole must be
underground. The closest pole lines must be at least 40 feet from the
structure unless it is located on a property line.
o
The developer shall contact the appropriate cable television service
provider to make any appropriate arrangements for cable service prior to
issuance of grading or building permits.
APPLICANT SHALL CONTACT THE DEPARTHENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Fire Department access to all lots shall be via all-weather surface roads,
a minimum of 20 feet in width.
_.. Resolution No. P- 92-63
Page 7
All lots shall be provided with a minimum 10,000 gallon water storage
tanks.
RE(UIREMENT$ AND APPROVALS
Final parcel and tract maps shall conform to City standards and
procedures.
Should this subdivision be further divided, each final map shall be
submitted for approval by the Director of Engineering Services.
All p of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
The plicant shall make an irrevocable offer of de ication for all
priva e road easements as shown on the tentative map. aid IOD shall be
recor ed as part of the final map, rejected by the City ouncil, and held
open or future acceptance at the City Council's d
The tentative map approval shall expire on November 10, 1994. Application
for time must be received 90 days prior to expiration in
accordance with the City's Subdivision Ordinance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this loth day of November 1992.
ATTEST:
y Mc([~cy ,
, y C1 erk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
Resolution No. P-92-63
Page 8
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. ~-92-63
was duly adopted by the City Council at a meeting of said City Council
) lOth day of November , 1992 and that it was so adopted by
the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, HIGGINSON, MCINTYRE, SNESKO
City o~]~ay
(Note: One vacancy created by
on November 3, 1992.)
of Mayor Goldsmith's
term