Res P-98-53RESOLUTION NO. P-98-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 98-01
ASSESSOR'S PARCEL NUMBER 321-090-10 and 17
WHEREAS, Tentative Tract Map 98-01, hereinafter "Map", submitted by David
Jacinto and Paul Marx, applicants, to create 12 rural residential lots on a 31.85 acre site
located in High Valley at the south terminus of a new easement road directly sbuth of
Eastvale Road, in the RR-B (High Valley) zone, for the purpose of subdividing real property
situated in the City of Poway, County of San Diego, State of California, described as: that
portion of Lot 4, in Section 4, Township 14 South, Range 1 West, San Bernardino Base
and Meridian; and that portion of the southwest quarter of the southwest quarter of Section
33, Township 13 South, Range 1 West, San Bemardino Base and Meridian was presented
at a public hearing on September 29, 1998; and
WHEREAS, the Director of Planning Services has
project subject to all conditions set forth in the Planning S
:led approval of the
3ort; 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
follows:
The City Council finds that the project will not have a significant adverse imp. act on
the l and hereby issues a Negative Declaration with Mitigation
Measures.
The property is adjacent to the Poway Subarea Habitat C Plan preserve
area. Mitigation for the removal of coastal sage scrub and chaparral plant
communities is required prior to th ~ a grading permit.
1. The mitigation '
the PSHCP;
with and furthers the implementing objective of
The mitigation habitat is appropriately located in an area adjacent to a
:1 tl~ I enhance the long-term viability
and function of the preserve system;
The mitigation will be to the long-term benefit of the covered species and
their habitats in that it provid buffer of approximately 7.5 acres
of southern mixed chaparral between new home sites and natural wildland
area to the east and south;
Resolution No. P-98-53
Page 2
The mitigation will foster the '
effective and efficient
implementation of the HCP in an
The mitigation will not result in a negative fiscal impact with regard to the
implementation of the PSHCP.
o
The approved tentative tract map' I with the Poway General Plan
in that single-family housing is proposed for development in
with the Rural Residential B (High Valley) zoning.
The design or improvement of the approved tentative tract map'
with all applicable general and specific plans, in that the lot sizes and
imp provided adhere to the residential development standards of
the City of Poway Zoning Ord -I the Subdivision Ordinance:
The site is physically suitable for the type of development approved in that
the grading is limited to building sites with ' ' :/access grading
and the creek channels and additional open space areas are retained in
permanent biological Is.
The site is physically suitable for the density of the development approved
in that the one dwelling unit per t~ I with the General Plan
req for the area. The average lot size proposed is 2.65 acres.
The design of the approved subdivision is not likely to cause substantial
damage and avoidable injury to h :1 wildlife or other
habitat in that the site has been previously utilized for the growing of
avocado trees. Areas along the east and south I: to be retained
in a natural state. The loss of coastal sage scrub will be mitigated in
with the City of Poway Subarea Habitat C Plan.
TI: ' to be retained in its natural state. The road crossing the
creek will be required to be permitted by the State and Federal agencies
charged with that authority.
The tentative tract map is not likely 1 public health problems
because City water and private septic systems will be designed and installed
per City req ' :1 San Diego County Department of E Iai
Health standards and adeq to the lots will be provided by new
private streets and imp :le to Eastvale Road.
Resolution No. P-98-53
Page 3
The design of the tentative tract map will not conflict with any easement
acquired by the public at large, now of record, 1' through or use of
the property within the approved subdivision.
The effect of subdivision approval on the housing needs of the San Diego
region has been considered and balanced against the public service needs
of Poway residents and available fiscal and Iai
The City Council hereby approves Tentative Tract Map 98-01, 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.
Those conditions proceeded by an asterisk (*) are required as mitigation for
possibl impacts.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. 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
; building permits.
*2.
A dedication shall be made for a biological ! located over the
rear of Lots 6 through 13. These dedications shall be submitted to and approved by
the Planning Services Department prior to final map approval. The remaining
mitigation required will be satisfied by either payment into the Habitat Conservation
In-Lieu Fund or off-site purchase of comparable habitat within the Poway HCP
p This requirement shall be satisfied prior to th : grading
permit, and prior to clearing on the property.
*3.
Property owners shall not fence th
prohibition shall be high. lighted in the CC&R's.
l areas of their lots. This
*4.
Monitoring by an archaeologist during the initial stages of brushing and grubbing is
required to ensure that any cultural that may be masked by vegetation
be located and assessed before grading is completed.
*5.
=
10.
11.
12.
13.
Resolution No. P- 98-53
Page 4
Any ~ ~ment into the I; ~d require a
Section 1603 permit from the California Department of Fish and I
as Section 404 and 40'1 permits from the U.S. Army Corps of Engineers.
Observe a 50 foot minimum graded setback from rip
The tentative map approval shall expire on September 29, 2000 unless an
application for time extension is received 90 days prior to expiration, in accordance
with the City's Subdivision Ordinance.
Site shall be developed in accordance with the approved site and plotting plans on
file in the Planning Services Department and the conditions contained herein.
Development development review shall be completed for each new
house design, including but not limited to; site plans and building elevations
incorporating all conditions of approval through the Planning Services Department
prior 1 = grading permits for house pads and building permits for the new
homes.
Approval of this request shall not
all other applicable City Ord
:)liance with the Zoning Ord ~1
~'ect at the time of building permit issuance.
Prior to any use of the project site or business activity being
all conditions of approval contained herein shall be completed to th
the Director of Planning Services.
:1 thereof,
For each new residential dwelling unit(s), the applicant shall pay development fees
at the established rate. Such fees may include, but not be limited to: Permit and
Plan Checking Fees, School Fees (in accordance with City-adopted policy and/or
ordinance), and Water and Sewer Service Fees. These fees shall be paid prior to
building permit issuance.
Mail boxes shall be installed according to a plan which is acceptable to both the
Post Office and Poway Planning Services.
'1.
*2.
All graded slopes greater than five feet in height and/or greater than a 5:1 gradient
shall be landscaped with trees, shrubs and ground cover and irrigated with a Iow
volume irrigation system, and those three feet or greater shall be planted, in
accordance with adopted Poway Landscape Standards.
All planting materials proposed 1' areas shall I; to
th 3etation and shall not be installed within 100 feet of such vegetation.
o
*7.
Resolution No. P- 98-53
Page 5
A Master Plan of the existing on-site trees shall be provided to the Planning
Services Department pdor to th : grading permits and prior to grading,
to d ~ich trees shall be retained.
Existing on-site trees shall be retained wherever possible and shall b -I
in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous
trees shall be approved for removal at the discretion of the Planning Services
Department during the review of the Master Plan of existing on-site trees. Living
trees which are approved 1' shall be replaced on a I basis as
required by the Planning Services Department.
All landscaped areas shall be J in a healthy and thriving condition, free
from weeds, trash, and debris. The trees shall b .:led and allowed to retain
a natural form. Pruning should I~ ~ 1 ' the health of the trees and
to protect the public safety. Unnatural pruning, including topping, is
not permitted.
Large, natural rock outctoppings are required to be protected whenever possible.
Grading design should make every effort to retain them within the proposed pad
configuration rather than remove them.
CC&R's shall contain language requiring new h to maintain the slope
~opted for this project throughout th process
for new landscaping on all slopes within the individual lots. In the event an
individual owner fails to do so, the association shall bear that
responsibility and right to enter the property.
On lots having a private or publ trail on or adjacent to their property,
the developer is required to include the following statement in the CC&R's: In
purchasing the home, I have read the CC&R's and understand that said lot is
subject to an easement for the purpose of allowing equestrian/pedestrian/bicycle
traffic.
An open si: : shall be granted to the City over, ui: :1 under
the area defined on the final mai: trail and no building, structures
or other things shall be :1, erected, placed or maintained on subject
3t for th -1 : said trail and
appurtenant to the trail.
SIGNS
Any signs proposed for this development shall be designed and approved in
Ih the Sign Ordinance.
Resolution No. P- 98-53
Page 6
ADDITIONAL APPR
:ED
The developer shall display a current Zoning and Land Use Map, or suitable
alternative, in the sales office at all times, to the of the Director of
Planning Services.
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 recreational ! :luired as a part of the subdivision,
the developer shall display a map in the sales office, indicating the trails.
A copy of the C Conditions and R ',CC&R's) and/or Articles of
Incorporation of the H A shall be subject to the review for
compliance with conditions herein, to the of 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. '
The developer shall set aside 15 pement of the new lots for I housing and
shall be subject to a restriction on the face of the map providing such set aside. An
in-lieu fee has been adopted by the City Council and the developer may opt to pay
an in-lieu fee at the established rate in place of setting aside 15 percent of the units
for I housing. This fee shall be paid prior to building permit issuance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRAD
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 report shall be prepared by a qualified engineer licensed by the State of
California to perform such work and shall be submitted to the City at first su.bmittal
of grading plans.
The final grading plan, prepared on a standard sheet of Mylar, shall be subject to
review and approval by the Planning and Engineering Services Departments and
shall be completed prior to start of grading operation.
A pre-blast survey of the surrounding property shall be conducted to the satisfaction
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
Resolution No. P- 98-53
Page 7
blasting. Seismic Recordings shall be taken for all blasting and blasting shall occur
only at locations and levels approved by the Director of Engineering Services.
5. All new slopes shall be a
~2:1 (horizontal to vertical).
A final compaction report shall be submitted and approved prior to issuance of
building permits.
A certification of line and grade, prepared by the project civil engineer, shall be
submitted prior t : building permits.
o
Buildings and parking areas shall be at least five feet from tops and toes of slopes,
unless waived by Planning and/or 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
:lations and grading plans.
'10.
E Irol, including but not limited to desiltation basins, shall be installed and
:1 from Oct. 15th to April 15th. ,~ Irol plan shall be prepared
by the project civil engineer and shall be submitted as part of the grading plan. The
developer shall make provisions to insure the proper maintenance of all erosion
control devices throughout their intended life.
Redundant ! be required in order to ensure that no further siltation of
the nearby creek occurs as a result of grading and site work on this property.
Methods required include installation and ~ sand bags or straw bales
at top and toe of slope and curb inlets, silt fencing and jute matting, along with the
application of a hydroseed mix and/or punched straw and binder on slopes. Silt
fences and sand bags/straw bales shall be ;I until such time as the
permanent landscaping ' :1 fully effective. This item is subject to monthly
field inspection by Development S '.
11.
The tops and toes of all graded slopes shall be constructed with a five-foot minimum
setback from any open si: :1 property lines.
12.
The developer has agreed to deposit the sum of $41,800.00 into a special private
drainage improvement fund with designated representatives of the downstream
property owners group prior to th : a grading permit.
STREETS
All streets in the subdivision shall be improved in accordance with the standards
and specifications for Non-dedicated Rural Street per Sections 12.20.110 and
12.20.120 of the Poway Municipal Code. In addition, if that portion of Eastvale Road
Resolution No. P-98-53
Page 8
and that proposed .;I the eastern boundary of Parcel 2 of TPM 98-08, all
within that property identified as APN 278-240-18, are not completed prior to
: a building permit on the first lot to be developed in this subdivision, then
said portion of Eastvale Road and proposed street shall be improved to the same
standards and sp as hereinbefore mentioned. Completion of the
improvements shall be done prior to building permit issuance.
A road and agreement, for the streets within the
subdivision, shall b J and recorded in the office of the San Diego County
Recorder prior to map approval. Said agreement shall be in a form acceptable to
the City Attorney.
All damaged off-site public works facilities shall be repaired and replaced prior to
exoneration of bonds and imf to the of the Director of
Engineering Services.
Prior to any work performed in the public right-of-way or City-held a
right-of-way permit shall be obtained from the Engineering Services Department and
appropriate fees paid, in addition to any permits required.
All street structural 3all be submitted to and approved by the Director of
Engineering Services Department prior to street
Private street improvement plans shall be prepared and processed as a grading
plan. Said plans shall I: ! 1"= 40' ' ' ~1 prepared on standard
sheets of Mylar by a Registered Civil engineer and shall be submitted for approval
by the Director of Engineering Services. Plan check and inspection fees shall be
paid by the developer. The grading plan shall be approved and securities posted
prior to start of grading operation.
*2.
*3.
Intersection drains shall be required at locations specified by the Director of
Engineering Services Department and in accordance with standard engineering
practices.
A drainage system capable of handling and disposing all surface water originating
within the project, and all surface waters that may flow onto the project from
adjacent lands, shall be required. Said drainage system shall include any
easements and required by the Director of Engineering Services to
properly handle the drainage.
A temporary detention/desiltation basin shall be established and
the northerly area of Lots 1 and 2 during th
over
Resolution No. P- 98-53
Page 9
Portland cement concrete gutters shall be installed where water crosses the
roadways.
5. Concentrated
driveways and/or sidewalks shall not be permitted.
SEWER
Sewage disposal system shall be designed and constructed to meet the
req ', ;the City of Poway and San Diego County Department of Health.
A Health Department certificate for the sewage disposal system shall be obtained
prior to final subdivision map approval. The approved certificate wording shall be
placed on the map, except the non-title sheet.
*3.
Prior to getting approval of the sewage disposal system from the County
Department of Health, the developer's engineer shall submit to the City a leach field
layout plan 1' ~1 approval.
WATER
Fire hydrantJs shall be installed at locations to be determined by the Fire Marshal.
A ysis shall be required to establish the adequacy of the existing water
main and all necessary <tension to serve the project. Cost of analysis
shall be paid by the applicantJdeveloper pdor to submittal of improvement plans.
Installation of fire hydrantJs shall be completed at a time designated by the Fire
Marshal.
Improvement plans, prepared on standard sheet of Mylar on 1"=20' scale by a
Registered Civil Engineer shall be submitted 1' :1 approval by the Director
of Engineering Services. Plan check, inspection, and ad fees shall be
paid by the developer and appropriate securities posted prior to plan approval.
Initial plan checking and inspection fees shall be paid at first submittal of plans.
A Standard Agreement for C of Public Improvements shall be
executed by the developer prior to parcel map approval.
Water lines and appurtenances, if any, that will be installed at locations other than
within publ ~a. II have an easement, a ' ' 120 feet wide for each
line, dedicated to the City of Poway. Multiple parallel f I require additional
easement width for on-site facilities. Dedication shall be offered on the parcel map
or by a separate document instrument prior to approval of improvement plans. No
other utility lines shall be placed within th : unless otherwise approved by
the Director of Engineering Services.
Resolution No. P- 98-53
Page 10
=
=
All proposed electrical/ ~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 u! :luired.
Existing telephone, gas, electric, water, sewer, and other public utility lines and
appufl 3all 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 easeme.nt, the
surfacing and width of which shall be acceptable to the Director of Engineering
Services.
J
The final subdivision map shall conform to City standards and procedures, City
subdivision ordinance, Subdivision Map Act, and Land Surveyors Act.
No work and no strucl lowed within any City-held easement that would
compromise the use and purpose for which it was originally dedicated, unless prior
approval is obtained from the City.
A 'Iion bond in an amount acceptable to the Director of Engineering
Services shall be posted prior to final subdivision map approval.
The following fees, including but not limited to, traffic mitigation, drainage, water
base capacity, and park fees shall be paid prior to building permit issuance,
Permit and plan checking fees shall be paid upon submittal of parcel map,
improvement, and/or grading plan, as applicable.
San Diego County Water Authority (SDCWA) base capacity fees shall be paid at
time of application for a war ' lation.
A processing fee shall be paid to the City for each easement dedication made
through a sel: l other than dedication made on the parcel map.
Resolution No. P- 98-53
Page 11
The property has been'assigned 6 I units in the Integrated Financing
Distdct 96-1 adopted Apd123, 1996. Since this subd d create 12 parcels,
the developer shall pay a contingent l for 6 additional units prior to final
map approval. Of these 6 additional units, 2 units shall b -1 with $4646.00
per unit and 4 units shall be assessed with $3772.00 per unit plus 3% interest
charge accrued from Jan. 1, 1997.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Driveway widths, Fire Department turn arounds and fire sprinkler req ~all
be determined when Minor Development R 3mitted for each lot.
A water system analysis shall be required to verify water flows at each fire hydrant
of 1500 gallons per minute.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Dedicate the Master planned recreational trails to th I the Directors
of Public Services in accordance with the Master Plan of Trails Element.
Improve the trail to a 15 foot width along the north and a northwest side of the
project boundary in accordance with the Community Trail Standard.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of September, 1998.
Anne Peoples, City Clerk
~r
Resolution No. P- 98~53
Page 12
STATE Of CALIFORNIA )
)SS.
COUNTY Of SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of September, 1998,
and that it was so adopted by the following vote:
N:\P
AYES:
NOES: EMERY
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, GOLDBY, REXFORD, HIGGINSON
Lori[Anne Peoples, City Clerk
City of Poway