Res P-99-09RESOLUTION NO. P- 99-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 98-06
ASSESSOR'S PARCEL NUMBER 314-194-49 AND 52
WHEREAS, Tentative Tract Map 98-06, hereinafter "Map" was submitted by
TopMark Communities requesting approval to subdivide the real property situated in the
City of Poway, County of San Diego, State of California, described as an 8.16 net acre
property into 26 or fewer residential lots located at the southwest corner of Twin Peaks
Road and Midland Road in the RS-4 zone regularly came before the City Council for public
hearing and action on February 2, 1999; and
WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must b that complies with Section 66020;
and
WHEREAS, the Director of Planning Services has :ted 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
follows:
The City Council finds that the project will not have a significant adverse impact on
the l and hereby issues a Negative Declaration with Mitigation
Measures. Conditions reflecting mitigation requirements are signified by use of an
asterisk*.
The approved project' l with the general plan in that the proposed
tots are being created as residential building lots each greater than 10,000
square feet in size.
The site is physically suitable for the type of development proposed in that
the property is relatively fiat, is located in central developed of the Poway
Valley, and is bounded by two roadways, one of which is a primary arterial.
Each of the parcels is regular in shape and building pad area in
excess of 8,000 square feet in size.
Resolution No. P- 99-09
Page 2
The site is physically suitable for the density of the development proposed
in that the parcels all exceed 10,000 square feet' 3ere the
surrounding residential properties are of
The design of the tract map is not likely I bstantial
damage and avoidable injury to h :1 wildlife of their habitat in that
the property proposed for new development contains little suitable habitat
within the area designated for development. The creek will be retained in its
natural state and enhanced with native plant
The tentative parcel map is not likely t public health problems
because City water and sewer system is provided.
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 proposed subdivision.
7. The approved project will not create adverse impacts on the
and a Negative Declaration is issued.
The City Council hereby approves Tentative Tract Map 98-06 subject to the
following conditions:
Within 30 days of approval the applicant shall submit in wdting 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.
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the condil' :1 herein.
Approval of this request shall not 31lance with all :the Zoning
Ord' :1 all other applicable City Ordinances in effect at the time of building
permit issuance.
This approval shall I: I and void if the final map is not recorded within two
years from the date of project approval. A request for time extension must be
submitted to the Planning S :hin 60 days of the expiration of the Tentative
Tract Map.
Resolution No. P- 99-09
Page 3
Existing healthy oak trees shall be plotted on future grading plans and shall be
preserved within the grading design to the greatest extent feasible. Fencing and
other physical protection shall be taken during the grading and
phases of the project. A p t shall be recorded over
the portions of the private lots where the oak trees are located. Instructions on
:1 p practices shall be obtained from a reputable arborist
by the developer and shall be provided to the home buyers of the affected lots.
Future property owners shall protect f :1 sedimentation
by ' ' .,1 dense native plant cover. Approval of the vegetation plan shall be
required at final map approval. All necessary permits for work in the creek area
shall be obtained from the State Department of Fish and Game, Army Corps of
Engineers and the State Regional Water Quality Control Board prior to th
of grading permit or administrat' ;l permit, should one be requested prior
to ' : a grading permit.
Mitigation for the removal of coastal sage scrub habitat shall be completed in
compliance with the Poway Subarea Habitat Conservation Plan prior to the
: a grading and/or administrar 3 permit.
Developer shall install trees and shrubs along the periphery of Mr. Fritzhon's
property (APN: 314-194-48) in order to provide a dense landscape screen. The
planting of 15 gallon size California pepper trees 25 feet on center shall be
augmented by fast growing shrubs to ach' ;I in a short time
period. Mr. Fritzhon shall receive p Iing from the developer to enter
onto their property to water and otherwise maintain the new plantings should he
deem it necessary.
Th :le slopes located along the southerly subdivision boundary shall
be landscaped and irrigated by the developer. Provision shall be made for long
term maintenance of these slopes in perpetuity, to the satisfaction of the Director
of Development Services.
ADDITI(
IRED
Development development review shall be accomplished prior to
th : a building permit.
The developer shall provide a current Zoning and Land Use Map, or suitable
alternative, to prospective purchasers.
Resolution No. P- 99-09
Page 4
When public or private equestrian/pedestrian trails are required as a part of the
subdivision, the developer shall provide a map to prospective purchasers, indicating
the trails.
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, streets, and sound level
p 3roduced by a reputable acoustic consultant for homes within the
subdivision.
Cable television services shall be provided and installed underground. The
developer shall notify the cable companies (Cox C Iions and
Southwestern Cable) when planning, designing and .3 for utilities is to be
accomplished. The developer shall notify the City that all cable companies have
been notified and are either included in the project or have declined to install their
facilities in the project.
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.
The grading plan shall contain a certificate signed by a registered civil
engineer that the grading plan has preserved a ' ' ~ 100 square feet
of 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.
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 pro-blast survey of the surrounding property shall be conducted to the
!the City Engineer pdor 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 ~1 levels approved by the City Engineer.
Resolution No. P- 99-09
Page 5
All new slope shall be no steeper than 2'1 (horizontal to vertical), unless
otb :led by a soils engineer and approved by the City.
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 I I building permits.
Buildings and parking lots shall be at least five feet from tops and toes of
slol; :1 by Planning and/or Engineering Services Departments
prior to grading permit issuance.
10.
If pad elevation changes by greater than two feet in height from those
approved on the tentative map or on the schematic grading plan used as a
basis of approving the project, City Council approval may be required prior
to grading permit issuance.
11.
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.
12.
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to Apd115th. ,~ 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
Prol; : all erosion control devices throughout their intended
life.
13.
The tops and toes of all graded slopes shall b
· ' :back from any open space area.
with a five-foot
STREETS
All interior streets within the subdivision shall I; :1 in accordance
with the specifications set forth for Urban Road-Local street standards per
Sections 12.20.070 and 12.20.080 of the Poway Municipal Code. Street
improvement shall include, but is not limited to, 36.00-foot wide roadway
paving, construction of )s, gutter, and sidewalks, and installation
of street lights.
A concrete sidewalk, per City standards, shall be constructed along the
development's frontage on Twin Peaks Road.
Resolution No. P- 99-09
Page 6
All damaged off-site public works facilities, including parkway trees, shall be
repaired and replaced prior I : bonds and imp to the
sal f the Director of Engineering Services.
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.
All street structural sections shall be submitted to and approved by the Director
of Engineering Services Department prior to street construction.
6. Additional street right-of-way for Midland Road shall be dedicated to the City.
The developer shall improve th : Outlook Road and Midland Road
so as to improve visibility when exiting Outlook Road, to the satisfaction of the
Traffic Engineer and the Director of Engineering Services.
DR/
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 J :luired by the Director of Engineering
Services to propedy handle the drainage on-site and offsite.
Portland cement concrete gutters shall be installed where water crosses the
roadways.
3. 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.
The applicant shall, within 30 days after approval of the tentative map, apply for
a Letter of Availability (LOA) 1 3ility and make payment to
the City, -labl fee equal to 20% of the approp
fee in effect at the time the LOA is issued. Balance of the sewer fee
shall be paid in accordance with Ordinance No. 83.
Resolution No. P- g9-09
Page 7
WATER
A public water system to serve the subdivision shall
req = the City of Poway.
-1 to meet the
Fire hydrant/s shall be installed at locations determined by the City Fire Mamhal.
A water system analysis shall be prepared to establish the proper size and
location of the public water system. Applicant shall pay to the City the cost of
preparing the analysis prior to submittal of improvement plans.
Water lines and appurtenances that will be installed at locations other than
within publ 3allh ' ' ~20 feet wide for each
line, dedicated to the City of Poway. Multiple parallel facilities will require
additional easement width for on-site facilities.
UTILITIES
All proposed electrical/' :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.
Existing telephone, gas, electric, water, sewer, and other public utility lines and
appurl' 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 :1 along the resp I,
the surfacing and width of which shall be acceptable to the City Engineer.
Cable television services shall be provided and installed underground. The
developer shall notify Cox C :ions and Southwestern Cable TV when
trenching for utilities is to be accomplished.
GENERAl.
.S
1.
The final map shall conform to City standards and procedures, City subdivision
ordinance, Subdivision Map Act, and Land Surveyors Act.
Resolution No. P- 99-09
Page 8
No work and no strucl lowed within any City-held easement that would
compromise the use and purpose for which it was originally dedicated.
A ~ ~ion bond in I acceptable to the City Engineer shall be
posted prior to final map approval.
Improvement plans for :~ any other public utility lines, prepared on 24"
x 36" mylars by a Registered Civil Engineer, shall be submitted for review and
approval by the Director of Engineering Services. Plan check and inspection
fees shall be paid by the developer/applicant.
A Standard Agreement for the Construction of Public Imp shall be
executed by the developer prior to map approval. Appropriat 3all
be posted with the submittal of said Agreement to the City's Engineering
Services Department.
All public streets and any other public utility line improvements shall be
completed within 2 years f lion of said Standard Agreement or prior
to building permit issuance, which first.
Those properties identified as APN 314-194-49 and APN 314-194-52 shall have
a certificate of compl' 31eted pdor to final map approval.
The applicantJdeveloper shall reimburse the City the amount of $52,200.00, prior
to final map approval, for the purchase of street right-of-way for Twin Peaks
Road per an agreement recorded January 20, 1987, as Document No.
87-027896.
All easement dedications to the City needed for, but not limited to, street
right-of-way, waterl lines, drainage, and recreational trail within the
limits of the subdivision, shall be made on the final map. Offsit Is, if
any, as may be required by other City departments shall be dedicated prior to
:the first building permit or at specified compliance date determined
by the requiring department.
tEL~
The following fees, including but not limited to, traffic mitigation, drainage, water
base capacity, park, and street light energizing shall be paid prior to building
permit issuance.
Permit and plan checking fees shall be paid upon submittal of final map,
improvement, and/or grading plan, as applicable.
Resolution No. P- g9-09
Page 9
A processing fee shall be paid to the City for each easement dedication made
through a sep l other than dedication made on the final map.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Driveways exceeding 150' shall be designed with an approved fire department
t -I.
A fire hydrant shall be located on the southwest corner of Midland Road and "A"
Street.
3. Fire hydrants and first lift of asphalt shall be installed prior to conbustibles at site.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
The developer shall improve the equestrian/pedestrian trail system in
accordance with the adopted standards and to the sat' ' : the Directors
of Public Services and Planning Services: Improve and dedicate the trail as
shown on the Trail Master Plan I Iy standards at a width of 15 feet.
An open si; I shall be granted to the City over, upon, across, and
under the area defined on the final maps as an equestrian trail and no building,
:her things shall I: J, erected, placed · ' :1 on
subject ~t for the construction and : said trail and
3purtenant to the trail.
Dedicate the Master planned equestrian/pedestrian trails to the satisfaction of
the Directors of Public and Planning Services in accordance with the Master
Plan of Trails Element.
Annex into the Landscape M ' District 83-1A and install and finance
maintenance of required landscape improvements within the designated LMD
area to the satisfation of the Director of Public Services.
Resolution No. P-99-09
Page 10
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 2nd day of February 1999.
ATTEST:
Anne Peoples, City Clerk
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 2nd day of 1999, and that it was so
adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
Peoples, City Cl~rk
City of Poway
N:\F