Res P-97-11RESOLUTION NO. P- 97-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 96-01
ASSESSOR'S PARCEL NUMBERS: PORTION OF 323-090-73,
PORTION OF 323-090-70, AND 325-010-09
WHEREAS, Tentative Tract Map No. 96-01, hereinafter referred to as "Map",
submitted by Wet'n Wild Inc., applicant, for the purpose of subdividing the real property
situated in the City of Poway, County of San Diego, State of California, described as the
southeast quarter of the southeast quarter of Section 24, Township 14 south, Range 2
west, and the south one-half of the southwest quarter of Section 19 together with a portion
of the northwest quarter of Section 30, both in Township 14 south, Range 1 west, all in the
San Bernardino Meridian into nine lots, regularly came before the City Council at a public
hearing on March 18, 1997; and
WHEREAS, the Director of Planning Services has ~ed approval of the
Map subject to all conditions set forth in the Planning Services Department report; and
WHEREAS, the City Council has read an,d considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby
follows:
On March 18, 1997 the City Council, pursuant to the provisions of the California
G l Code and the California E Quality Act (CEQA) considered the
proposed Wet'n Wild Water Park Project consisting of the Final Subsequent E
Impact Report (Final SEIR, State Clearinghouse # 96071095) and the related project
development applications including: South Poway Specific Plan Amendment (SPA
84-01DD), Tentative Tract Map ('l-rM 96-01), Conditional Use Permit (CUP 96-05), and
Development Review (DR 96-02), Assessor's Parcel Numbers: Portion of 323-090-73,
Portion of 323-090-70, and 325-010-09. The City Council found that the Final SEIR
adequately analyzes the potential impacts of all the project applications,
found that the Final SEIR is complete and adequate and fully complies with all
requirements of CEQA, and adopted a resolution certifying the Final SEIR.
NOTICE. This property is located in an area which is believed to contain coastal sage
scrub, the habitat of the California Gnatcatcher which has been listed as a threatened
species. Removal of coastal sage scrub without authorization of the City of Poway
pursuant to the City's Subarea Habitat Conservation Plan permits or the U.S. Fish and
Wildlife Service is a violation of the U.S. Endangered Species Act. Proof of such
Resolution No. P-97-11
Page 2
auth I be required p
permits and improvement plan approvals.
grading permits, clearing and grubbing
Section 2: Findings:
The Map' l with the Poway Comprehensive Plan and the Specific
Plan for the South Poway Planned Community (PC) zone.
The design or improvement of the Map is consistent with all applicable
general and specific plans in that the design is conditioned 1 to the
limits of grading and the imp :lhere to the development standards
of the planned community.
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The site is physically suitable for the type of development proposed in that
the development plans will incorporate contour grading, minimum grading
methods, and building siting and landscaping to soften slopes.
o
The site is physically suitable for the density of the development proposed
in that the net buildable areas will adhere to the acreage allocated in the
adopted South Planned Community Poway Specific Plan.
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The design of the subd' ' ' : likely I ~)stantial :al
damage and avoidable injury to h :1 wildlife or their habitat in that
these facl '~ered in the certified Final SEIR and th ,I
CEQA Findings adopted by the City Council, and in that th :aining
coastal sage scrub on the south facing slopes within Lot 9 of the Map will be
permanently preserved as biological o~pen space in fee title to the City.
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The Map is not a threat to public health in that all lots will be served by public
water and sanitary and be subject to County Department of
E Iai Health regulations 3 hazardous food
service, aquatic pools, and water filtration systems.
The design of the Map will not conflict with any easement acquired by the
public at large, now of record, for access through or use of the property
within the proposed subdivision.
The grading plan for the proposed Map includes fill slopes that are 30' or
g lical height. The City Grading Ordinance requires City Council
approval of all fill slopes of such height. The City Council finds that such fill
slol: :with the grading standards of the South Poway Specific
Plan, and therefore, are hereby approved.
Resolution No. P-97-11
Page 3
'vl 96-01
The following findings are in compliance with Section 6.1.B. of the Implementing
Agreement/CESA MOU approved in with the adoption of the City of Poway
Subarea Habitat C Plan/NCCP Plan (PSHCP).
The mitigal' : with and furthers the implementing objectives of
the PSHCP in that the mitigation for the project area is identified as a
required biological resource mitigation measure in the Final SEIR for the
related project development appl' J is also a condition of project
approval, and in that the undisturbed coastal sage scrub habitat found on the
south-facing slopes of the project area within Lot 9 (approximately 28.00
acres) of Tentative Tract Map No. 96-01 and adjacent to Beeler Canyon will
be preserved as permanent biological open space in fee title to the City of
Poway, and in that the fill slopes to be created in with project
grading and located in the northem portion of the subject open space lot will
be revegetated with coastal sage scrub plant species found in the
undisturbed area of the subject lot, and such revegetation will be
appropriately monitored t' growth and establishment.
The mitigation habitat is appropriately located in the PSHCP Mitigation Area
to enhance the long-term viability and function of the preserve system in that
the mitigation habitat is entirely within the Mitigation Area which will serve to
enhance the preserve system and especially the Beeler Canyon regional
wildlife corridor as so designated in the PSHCP and the proposed Subarea
Plan for the adjacent jurisdiction of the City of San Diego.
The mitigation will be to the long-term benefit of the PSHCP Covered
Species and their habitats in that the mitigation will provide permanent
biological open space in public ownership and in that the undisturbed and
revegetated coastal sage scrub habitat within the protected open space will
benefit the threatened California gnatcatcher as well as other Covered
Species and their habitats found in the PSHCP Mitigation Area and adjacent
habitat
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The mitigation will foster th impl :the PSHCP in an
effective and efficient that the mitigal' I be set aside by
the project proponent as a project mitigation measure and a condition of
project approval in accordance with the PSHCP, and in that the mitigation
will ~ protect a significant amount of biological open space in the
Mitigation Area in perpetuity.
Resolution No. P-97-11
Page 4
o
The mitigation will not result in a negative fiscal impact with regard to the
impl =the PSHCP in that the subject mitigation area
will be dedicated to the City of Poway in fee title by the project proponent,
and therefore, such dedication will not result in a negative fiscal impact.
Council Decision:
Tentative Tract Map No. 96-01, a copy of which is on file in the Planning Services
office, is hereby approved subject to all of the following conditions:
Within 30 days of approval, the Applicant shall submit in writing that all conditions
of approval have been read and understood.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
The Tentative Tract Map and the associated site grading shall comply with the
applicabl mitig :1 in the certified Final SEIR
and the approved Mitigation Monitoring and Reporting Program contained in the
Final SEIR.
The project's building square footage for light industrial uses shall b
the South Poway Specific Plan - Development Plan.
with
All lots within the Tentative Tract Map shall comply with the applicable standards of
the South Poway Specific Plan - Development Plan.
The subdivider shall improve Lot 7 for I: use as a Mini-park to the
satisfaction of the Director of Planning Services and the Director of Community
Services.
Within Lot 9 of the Tentative Tract Map, dedicate and improve the regional
trail within a 20-foot wid I from the west to the east property
lines along the north side of Beeler Creek and outside of the 100-year floodplain
boundary in accordance with Poway General Plan Trails Element and Trails
Standards and to the satisfaction of the Director of Planning Services and the
Director of Public Services.
Construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m.,
Monday through Saturday, except as specifically limited by the construction noise-
related mitigation lained in the certified Final SEIR.
Resolution No. P-g7-11
Page 5
Conditional Use Permit and Development Review approvals by the City Council
shall be accomplished prior to the recordation of the final subdivision map or
: a grading and building permit.
When public or private equestrian/pedestrian trails are required as a part of the
subdivision, the developer shall display a map in the sales office, indicating the
trails.
The Applicant shall enter into a Development AgreementJOwner Participation
Agreement with the City/Redevelopment Agency prior to issuance of building
permits.
10.
Undulating berming shall be installed and landscaped along the Scripps Poway
Parkway and around the base of the tower rides in coml~liance with the applicable
City staff :lation contained in the City Council agenda report for the
proposed Water Park and to th I the Director of Planning Services.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
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/geological report shall be prepared by a qualified engineer licensed by the
State of California to perform such work.
The final grading plan, prepared on a standalrd sheet of mylar, shall be subject to
review and approval by the Planning and Engineering Services Departments and
shall be completed prior t i a grading permit.
A pre-blast survey of the surrounding property shall be conducted to th ' '
of the Director of Engineering Services prior to any rock blasting. A blasting permit
shall be obtained from the Engineering Services Department prior to any rock
blasting. Seismic Recordings shall be taken for all blasting and blasting shall occur
only at I ~ levels approved by the Director of Engineering Services.
5. All new slopes shall be a
f2:1 (horizontal to vertical).
A final soils compaction report shall be submitted and approved by the City's soils
engineer prior I : building permits.
10.
Resolution No. P-97-11
Page 6
A certification of line and grade, prepared by the project civil engineer, shall be
submitted prior t : building permits.
Buildings and parking lots shall be at least five feet from tops and toes of slopes,
J by Planning and Engineering Services Departments prior to grading
permit issuance.
Non-supervised or non-engineered fill is specifically not allowed. Rock disposal
areas shall be graded in compliance with City-approved soils investigations and
:tations and grading plans.
E Irol, including but not limited to desiltation basins, shall be installed and
J from Oct. 15th to April 15th. A Irol plan shall be prepared
by the project civil engineer and shall be submitted as part of the grading plan. The
developer shall make previsions to insure the Prel: of all erosion
control devices throughout their intended life.
11.
The tops and toes of all graded slopes shall be constructed with a five-foot minimum
setback from any open space area, unless otherwise approved by the Director of
Engineering Services.
12.
Prior 1' : a grading permit, the applicant/developer shall submit a copy
of or a proof of filing of a Notice of Intent (NOI) application for coverage of the
National Pollutant Discharge Elimination System (NPDES) permit. An NPDES
permit shall be obtained from the State Water Quality Control Board and a copy
provided to the City prior to start of grading operation.
STREET IMPROVEMENTS
N ~ and gutter shall It :1 along the south side of Scripps
Poway Parkway, contiguous with the subdivision's boundary, wh )
and gutter do not exist.
Street lights shall also be installed along the south side of the road. These
improvements are required only if Lot 1 is not developed or a building permit is
issued prior to final map approval.
Should Lot 1 be developed for a Wet 'n Wild water park and is issued a building
permit prior to final map approval, the Southerly portion of Scripps Poway Parkway
along the project's frontage west of Stowe Drive shall be widened to provide a
deceleration lane leading to the park. Improvement shall be designed to the
sat' ' I the Director of Engineering S :1 in to City of
Poway Circulation Element Road Standards and shall include, but is not limited to,
removal and replacement of ' ~ and gutter, sidewalk, street paving, street
Resolution No. P-97-1!
Page 7
lights, striping, and signage. Additional street lights and ':lewalk shall be
constructed along th ' ' 3 portion of the project's frontage on Scripps Poway
Parkway.
Design and construct a traffic signal at th I Scripps Poway Parkway
and Stowe Drive to the sal :the Director of Engineering Services.
That portion of Kirkham Way within the subdivision shall be improved to a roadway
width of 64.00 feet (curb to curb) in a street right-of-way width of 65.00 feet to the
:the Director of Engineering Services. Improvement shall include, but
is not limited to, street paving, construction of ), gutter, and sidewalk,
street lights, striping, and signage.
To provide access to Lots 2 to 9, additional offsite street imf for Kirkham
Way, from the Westedy subdivision line to the nearest improved public street, shall
be designed and . -I to the satisfaction of the Director of Engineering
Services.
If the developer/applicant choose a different offsite access leading to Lots 2 to 9
other than going west on Kirkham Way, it shall also be designed and constructed
to the sat' ' :the Director of Engineering Services.
Offsite street improvements shall include, but not limited to, street paving,
construction of concrete curb, concrete gutter, concrete sidewalk (northerly side
only), street lights, striping, and signage. Total width of improvement shall provide
a roadway width of 64.00 feet (curb to curb) in a street right-of-way width of 65.00
feet. Street rights-of-way for offsite street/s shall be dedicated to the City prior to
final map approval.
This offsite street improvements and dedication of right-of-way shall in no way
relieve adjacent property owners/developers of the obligation to construct street
imp :hin their development which to Lots 2 to 9.
If the offsite street imp :1 by others, th ~plicant of
Tentative Tract Map No. 96-01 is relieved of those req
All street structural sections shall be submitted to and approved by the Director of
Engineering Services prior to improvement plan approval.
-- 6. Street imp 3all comply with City of Poway standards and specifications.
Resolution No. P-97-11
Page 8
All street iml; ~all be completed within 2 years after final map approval
or prior 1 ~ building permit, (except for the Wern Wild waterpark on Lot
1) which first. Excepting from this time line is tl~ : offsite
street improvements, which shall be done prior to issuance of a certificate of
occupancy to the first lot in Lots 2 to Lot 9.
WATER IMPROVEMENTS
A public water system for d :1 reclaimed water lines shall be designed and
constructed to meet the needs of the development to the satisfaction of the Director
of Engineering Services. The system shall includ 'y offsite imf
1' to existing public waterlines.
^ water system analysis shall be prepared to establish the size and locations of
lines. Cost of analysis shall be paid by the applicant/developer at first submittal of
improvement plans.
Fire hydrants, per City of Poway specif' :1 standards, shall be installed at
locations determined by the City Fire Marshal. All fire hydrants shall I: :1
by the City.
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All water imf lall be completed within 2 years after final map approval
or prior I : building permit, (except for the Wet'n Wild waterpark on Lot
1) which first. Excepting from this time line is the construction of offsite
water system imp which shall be done prior to issuance of a building
permit to the first lot in Lots 2 to Lot 9.
~TS
A sewer system shall be designed and constructed to meet the req ~the
City of Poway and the County of San Diego Department of Health. The system shall
include construction of offsite lines and appurtenances for to existing
public sewer lines.
Within 30 days afl ' ' .3 City Council approval of the project, the applicant
shall apply for a Letter of Availability (LO^) 1 de availability for 8--7
EDU's and post with the City, -labl fee equal to 20% of the
sewerag fee in effect at the time the LOA is issued.
The 87 EDUs is in addition to the 66 EDUs allocated to Wet'n Wild property (Lot
1)(CUP 96-05 & DR 96-02). If the Wet'n Wild project's application for CUP and DR
is disapproved, an additional 126 EDUs shall be reserved and pay the 20%
nonrefundable reservation fee within 30 days.
Resolution No. P-97-11
Page 9
If the applicant/developer has an agreement with the previous property owner or
developer of City of Poway TM 89-08 relative to the allocation of and credit for
payment of sewer EDU reservation, then those amount of payments shall be
credited accordingly upon presentation to the City of a letter from the ~
LOA # 233 agreeing to giving the credit.
All sewer imp ~all be completed within 2 years after final map approval
or prior I : building permit, (except for the Wet'n Wild waterpark on Lot
1) which first. Excepting from this time line is th : off:site
sewer imp which shall be done prior 1 : a building permit to
the first lot in Lots 2 to Lot 9.
DRAINAGE IMPROVEMENTS
A drainage system capable of handling and disposing of all surl' ' ;linating
within the project, and all surface waters that may flow onto the project from
adjacent lands, shall be required. The drainage system shall include a drainage
study, easement dedications, storm drains, and detention basin as
required by the Director of Engineering Services to properly handle the drainage.
Intersection drains shall be required at locations specified by the Director of
Engineering S :t in accordance with standard engineering practices.
Portland cement concrete gutters shall be installed where water crosses the
roadways.
4. Concentrated
driveways and/or sidewalks shall not be permitted.
All drainage improvements shall be completed within 2 years after final map
approval or prior I : building permit, (except for the VVet'n Wild waterpark
on Lot 1), which first.
OTHER UTILITIES
All proposed electricalJ' :ion/CATV utilities within the project shall be
installed underground including existing electrical utilities less than 34.5 KV along
Circulation Element roads and/or highways.
Utility easements shall be provided to the specification of the serving utility
companies and the Director of Engineering Services.
The developer shall be responsible for the relocation and undergrounding of
existing public utilities as required.
1.
Resolution No. P-97-1!
Page 10
Cable television services shall be provided and installed underground. The
developer shall notify Cox C and Southwestern Cable TV when
trenching for utilities is to be accomplished.
Existing telephone, gas, electric, water, sewer, and other public utility lines and
appud lall be shown on the grading/improvement plans.
All on-site p 3all b ~1 to publ Iandards and
specifications and shall be shown on the grading/improvement plans.
All public utility lines (i.e., water, sewer, drainage) not located within public streets
shall have an improved access over and along the respective easement, the
surfacing and width of which shall be acceptable to the Director of Engineering
Services.
irrigation to the sat
Services.
:1 water system shall be sized and installed for landscaping and
: the Directors of Engineering S :1 Planning
IIREMENTS
Improvement plans for streets and any other public utility lines, prepared on
standard sheets of mylar by a Registered Civil Engineer, shall be submitted for
approval by the Director of Engineering Services prior to final map approval. Plan
check and inspection fees shall be paid by the developer.
A Standard Agreement for the C of Public Imp shall be
executed by the developer prior to improvement plan approval. Appropriate
~all also be posted with the submittal of the Standard Agreement to the
Engineering Services Department.
All street and any public imp
Construction of Public Imp
imposed in said agreement.
as noted in the Standard Agreement for
shall be constructed within the time limit
Water and lines and appurtenances that will be installed at locations
other than within publ ~all h I, ' ' : 20 feet wide
for each line, dedicated to the City of Poway. Multiple parallel 1'I require
additional easement width for on-site facilities.
All streets in the subdivision shall be dedicated to the public. A 10.00-foot wide
general utility easement along the sidelines of street rights-of-way shall also be
dedicated to the City. Dedications shall be offered on the final map. A processing
o
10.
11.
Resolution No. P-97-11
Page 11
:le
fee shall be paid to the City for all 'l/or rights-of-way ded
through a sep I(s) other than a map.
All damaged off-site public works facilities, including parkway trees, shall be
repaired and replaced prior to exoneration of securities, to the satisfaction of the
Directors of Engineering S :1 Planning Services.
The developer shall acq lment permit for any pdvate improvements
placed within the public right-of-way.
Prior to any work performed in the public right-of-way or City-held easements, a
right-of-way permit shall be obtained from the Engineering Services Department and
appropriate fees paid, in addition to any permits required.
Offsite public imp constructed by the applicant/developer of Tentative
Tract Map No. 96-01 may be eligible for a City Council-approved reimbursement
agreement.
Lot 9 shall be dedicated in fee title to the City for biological open si:
purposes. Dedication shall be made on the final map.
All applicable condil' -1 in the resolution of approval for Conditional Use
Permit 96-05 and Development Review 96-02 shall apply h I.
FEES
The applicable fees for this project are as follows. The amount of fees to be paid shall be
based on the latest adopted I :l:ect at time of payment. Fees required for
this Tentative Tract Map No. 96-01 may be collected in part for the Wet'n Wild project.
2.
3.
4.
5.
6.
7.
8.
Grading Plan checking fee
Grading Permit fee
Geotechnical Review fees (Soils Report and Compaction Report)
Grading Inspection fee
Improvement Plan checking fee
Improvement inspection fee
Improvement plan administrative fee
Right-of-way permit fee
Resolution No. P-97-11
Page 12
9. Development Fees - to be paid or secured prior to building permit issuance
A. Water base capacity fee, meter fee, SDCWA fee
B. S fee
C. Drainage fee
D. Traffic mitigation fee
10. Map checking fee
11. S I fees
12. S l inspection fees
14. Water System Analysis fee
15. Easement processing fee
J
A NPDES permit will be required from the State Water Quality Control Board in
accordance with the Final SEIR mitigation ~ich states:
To ensure that Beeler Canyon and Beeler Creek are not adversely impacted by any
water discharge, a National Pollutant Discharge Elimination System
(NPDES) permit shall be obtained from the State Water Quality Control Board
pursuant to Chapter 13.09 of the Poway Municipal Code. Prior to the ' ~
a grading permit for the project, the City shall have on file proof that the applicant
has filed a Notice of Intent with the State.
Prior to recordation, a Notice of Intention to form landscape and/or lighting districts
shall be filed with the City Council. The e~ngineering costs involved in district
formation shall be borne by the developer.
Final parcel and tract maps shall conform to City standards and procedures.
By separate document prior to the recording of the final subdivision map, or on the
final subd' ' ' 3, there shall be granted to the City, an open si;
over Lots 7 and 9. Said open si0 l shall be approved as to form by the
City Attorney and shall limit the use of said open space to recreational purposes,
including buildings, :1 imp
10.
11.
Resolution No. P-97-11
Page 13
Should this subdivision be further divided, each final map shall be submitted for
approval by the Director of Engineering Services.
All p ' ' =the Subdivision Ordinance of the Poway Municipal Code shall be
met as they relate to the division of land.
Prior to final map approval, all dedications shall be made and
as required.
granted
The CC&R's and/or Articles of I ~ the H Association shall
be subject to review for compliance with conditions herein, by the City Attorney and
Director of Planning Services, and shall be filed with the Secretary of State, the
County Recorder, and the City Clerk at the time of final map consideration.
Prior to th ! a grading permit, the subdivider shall submit a letter to the
City Engineer confirming that the final grading :1 development of the
Tentative Tract Map area will not conflict with the access to and over, and the
=the S.D.G.&E./Cox Cabl :located adjacent to the western
boundary property line of the Map area.
The subdivider shall obtain a "letter of I; from adjacent property owners
prior to any offsite grading activities. This letter(s) shall be filed with the departments
of Engineering S -1 Planning Services prior to th l of any
grading activities.
Tentative Tract Map No. 96-01 approval shall expire on March 18, 1999. Application
for time ex1 : be received 90 days prior to expiration in accordance with
the City's Subdivision Ordinance.
Resolution No. P-97-11
Page 14
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 18th day of March, 1997.
Don Higginson, Mayor ~
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing R No. P-97-11 was duly adopted
by the City Council at a meeting of said City Council held on the 18th day of
March 1997, and that it was so adopted by the following vote:
AYES:
CAFAGNA, EMERY, GOLDB¥, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
E:\CITY~
Marjorie, K. Wahlsten, City Clerk
City of~Oway