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Res P-99-16RESOLUTION NO. P-gg-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 98-05 ASSESSOR'S PARCEL NUMBERS 323-090-49, 71 & 72; 323-482-08 through 11, 13- 16; 323-490-01 through 05 WHEREAS, Tentative Tract Map 98-05 hereinafter referred to as "Map", submitted by Parkway Development III, Applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described as Pico Place and a portion of Kirkham Way, Lots 27 through 30 and 32 through 40, City of Poway Tract 87-13, Unit 2, Map No. 13410 and portions of Parcels 2, 3 & 4 of Parcel Map 5750 in the City of Poway, County of San Diego, California, into 9 lots plus one open space lot, regularly came before the City Council on February 23, 1999; and WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication, reservation, or oth 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, on February 23, 1999, the City Council held a hearing on the referenced item. NOW, THEREFORE, the City Council does hereby follows: The City Council hereby finds that the previously certified Final E iai Impact Report (EIR) and Final Subsequent EIR for the South Poway Planned Community adequately addresses the impacts of this project. No new significant impacts h -I or will result with the granting of the subject tract map and furth : necessary. The property falls within the Poway Subarea Habitat Conservation Plan (PSHCP) preserve area. Mitigation for the removal of coastal sage scrub and/or 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' :1 therefore will enhance the long-term viability and function of the preserve system; Resolution No. P- Page 2 The mitigation will be to the long-term benefit of the covered species and their habitats in that it preserves the southerly portions of the property which are undisturbed habitat with revegetation of adjacent graded slopes with native plant species; The mitigation will foster the ' effective and efficient manner; and, implementation of the HCP in an The mitigation will not result in a negative fiscal impact with regard to the I implementation of the PSHCP. = = = The approved project is consistent with the General Plan and the South Poway Specific Plan in that it proposes to create ten lots and an open space lot from property designated for industrial and open space use. The design and imf required of the tentative tract map are consistent with all applicable general and specific plans; in that the approved lot sizes and configurations are conditioned to conform to the limits of grading and the imp :lhere to the development standards of the South Poway Specific Plan. The site is physically suitable for the type of development and the density proposed; in that the development plans will incorporate contour grading, minimum grading methods, and building siting and landscaping to soften slopes and the site is large enough t :late nine lots plus an open space lot, each with d ~ich are in keeping with the South Poway development standards. The net buildabl I adhere to the acreage allocated in the adopted planned community. The design of the subd : likely 1 ~)stantial damage and avoidable injury to h -I wildlife or their habitat in that the site was cleared and graded several years ago and the open space areas will be preserved or replanted with native vegetation on south-facing slopes. The tentative tract map is not likely t public health problems in that City water and 31e to the property and future b will be subject to County regulations 3 hazardous Resolution No. P-99-].6 Page 3 The design of the tentative tract map will not conflict with any easement by the public at large, now of record, 1' through or use of the property within the proposed subdivision. The design of the tentative tract map will not conflict with any easement by the public at large, now of record, 1' through or use of the property within the proposed subdivision. Council Decision: Items marked with an asterisk (*) are mitigation The City Council hereby approves Tentative Tract Map 98-05 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. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE D Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the condit' :1 herein. Approval of this request shall not Ord :1 all other applicable City Ord' permit issuance. 31lance with all I the Zoning =fect at the time of building Prior to any use of the project site or b :y being :t thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. All proposed and existing utilities within the subject property shall be installed underground. Revegetation of graded slopes near the undisturbed habitat is 1 :h native plant species. The hydroseed mix is to be reviewed and approved by the City's consulting landscape architect in with the project biologist. The mitigation land shall be granted to the City of Poway in fee title or as a biological conservation easement. Resolution No. P-99-16 Page 4 Mitigation for the removal of coastal sage scrub and/or chaparral plant is required prior to the issuance of a grading permit at a 2:1 ratio or with a bond suitable to City of Poway not to exceed $10,000 per acre. A nesting period gnatcatcher survey shall be conducted within one week prior to grading. Conformance with the U.S. Fish & Wildlife Service protocol for the Quino Checkerspot Butterfly l may be required as part of the springtime survey. The grading will substantially adhere to the limits of grading line as adopted for the South Poway Specific Plan. Incorporate contour grading, minimum grading methods, and building siting and landscaping to soften slopes. Fill slopes to be setback a ' ' Beeler Creek. ' 50 feet from the wetland/riparian areas of The net buildabl I adhere to the acreage allocated in the adopted planned community(generally 40°,building square footage per lot). A new table will be created to the satisfaction of the Director of Planning Services prior to recording the final map. 10. The t 2 approval shall expire on February 23, 2001 ~plication for time extension is received 90 days prior to expiration in accordance with the City's Subdivision Ordinance. SIGNS Any signs proposed for this development shall be designed and approved in :h the South Poway Development Plan. 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, South Poway Specific Plan (Volume 2/Development Standards, 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. 10. 11. 12. 13. Resolution No. P-99-16 Page 5 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 I ~ a grading permit. 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 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. All new slopes shall be a 2:1 (horizontal to vertical). A final soils compaction report shall be submitted and approved by the City's soils engineer prior to ' : building permits. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior to ' ! 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 'lations and grading plans. E lrol, including but not limited to desiltation basins, shall be installed and -1 from Oct. 15th to April 15th. An erosion control 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. The tops and toes of all graded slopes shall b -I with a five-foot minimum setback from any open si: I, unless otherwise approved by the Director of Engineering Services. All offsite grading must have a letter of p prior to grading plan approval. ~tained from the property owner Prior to ' ~ 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 Resolution No. P- 99-16 Page 6 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 Install street lights along the south side of Scripps Poway Parkway fronting the subdivision. Lights shall be 180-watt Iow pressure sodium type :t at height of 30 feet. Lights shall be spaced at no more than 600 feet. However, if there are existing lights on the north side of Scripps Poway Parkway, the placement of lights on the south side shall be at midpoint between the existing lights. These spacings may be modified with the approval of the Director of Engineering Services. C '~lewalk shall I: Poway Parkway. along the subdivision's frontage on Scripps Improve Kirkham Way, from Danielson Street to a point opposite the westerly subdivision boundary, to the standards for C /Industrial Collectors (without median) as set forth in Chapter 2, Section 1C of the South Poway Specific Plan/Development Plan, dated November 1995. Improvement shall include, but is not limited to, street paving at a width of 64 feet curb to curb, of concrete curb and gutter, sidewalk on north side, street lighting, and appropriate signage. A temporary turnaround, designed to the Director of Engineering Services satisfaction, shall be constructed at the westerly end of Kirkham Way. Improve Danielson Street to the standards for C Industrial Street as set forth in Chapter 2, Section 1E of the South Poway Specific Plan/Development Plan, dated November 1995. Improvement shall include, but is not limited to, street paving at a width of 48 feet curb to curb, construction of concrete curb and gutter, sidewalks(on west side), street lighting, and appropriate signage. The existing traffic signal at the ' of Scripps Poway Parkway and Danielson Street shall be modified to the satisfaction of the City Traffic Engineer and the Director of Engineering Services. Modification shall include, but is not limited to, installation of necessary detection loops, signal timing, and signage. All street rights-of-way necessary for Kirkham Way and Danielson Street that falls within the limits of the subdivision shall be dedicated to the public through the final map. Any offsite street rights of way shall be dedicated to the City by separate instruments prior to final map approval. Rights-of-way width are 65.00 feet for Kirkham Way and 49.00 feet for Danielson Street. Resolution No. P- 99-16 Page 7 Relinquish abutters right of access along Danielson Street for the first 300 feet south of Scripps Poway Parkway. All street structural lall be submitted to and approved by the Director of Engineering Services prior to construction. Street imp 3all comply with City of Poway standards and specifications. It shall be constructed no later than the completion date as stated in the Standard Agreement for Construction of Public Imp or prior to building permit issuance, which first. WATERIMPROVEMENTS A public water system for (~ :1 reclaimed water lines in Danielson Street and Kirkham Way shall be designed and constructed to meet the needs of the development consistent with master plan facilities to the satisfaction of the Director of Engineering Services. The system shall includ 7 offsite improvements for ' to existing public waterlines. A water system analysis shall be prepared to establish the size and I :lines. Cost of analysis shall be paid by the applicant/developer at first submittal of improvement plans. Fire hydrants, per City of Poway specifications and standards, shall be installed at locations determined by the City Fire Marshal. All fire hydrants shall b :1 by the City. VEMENTS A sewer system shall be designed and :t to meet the requirements of 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. if no exists in Kirkham Way from the subd y boundary to Tech Center Drive prior to final map app Kirkham Way shall be ' :1 from Tech Center Drive to the Westerly subdivision boundary. Existing reimbursement agreements will be subject to modification if developer installs th' The applicant/developer shall, within 30 days from approval of the tentative map, apply for a Letter of Availability (LOA) to reserve sewerage availability and make l payment to the City :tabl fee equal to 20% of the approp fee in effect at the time the LOA is issued. Resolution No. PI 99-16 Page 8 DRAINAGE IMPROVEMENTS 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. The drainage system shall include a drainage study, easement ded' storm d ds, 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 :1 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. OTHER 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 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. Cable television services shall be provided and installed underground. The developer shall notify Cox C Iions and Southwestern Cable TV when trenching for utilities is to be accomplished. Existing telephone, gas, electric, water, sewer, and other public utility lines and appurt 3ail be shown on the grading/improvement plans. All on-site p 3ail be constructed 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. = A irrigation to th Services. Resolution No. P-99-16 Page 9 water system shall be sized and installed for landscaping and : the Directors of Engineering S :1 Planning OTHERI 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 Construction of Public Improvements shall be executed by the developer prior to improvement plan approval. Appropriate 3all also be posted with the submittal of the Standard Agreement to the Engineering Services Department. All street and any public imp ~ as noted in the Standard Agreement for Construction of Public Improvements shall be constructed within the time limit imposed in said agreement. = Water and lines and appurtenances that will be installed at locations other than within publ 3all h I, ' ' : 20 feet wide for each line, dedicated to the City of Poway. Multiple parallel facilities will 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 fee shall be paid to the City for all easements and/or rights-of-way dedications made through a separate instrument(s) other than a map. All damaged off-site and on-site public works facilities, including parkway trees, shall be repaired and replaced prior1 :ion of securities, to the satisfaction of the Directors of Engineering S :t Planning 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 Depar[ment and appropriate fees paid, in addition to any permits required. = Abutter's rights of -I to Scripps Poway Parkway from all lots contiguous with the street shall be waived to the City. Th ~all be noted on the final map. Resolution No. P- 99-16 Page 10 The following development fees shall be paid prior to building permit issuance. Fees shall be those in effect at time of payment. GENER D. E. F. City of Poway water base capacity fee & meter fee San Diego County Water Authority Fee (based on current fee at time of payment) S fee Drainage fee Traffic mitigation fee Street Light Energizing Fee at $350.00 per light standard The following fees shall be paid prior to final map approval: B. C. D. Final map checking fee ($1000.00 per sheet) Grading and Improvement plan checking fees or deposit Grading and Improvement inspection fees or deposit Improvement plan administrative fee ($100.00 per sheet) Easement dedication fee ($1000.00 per document) Water System Analysis fee Soils Review fees The final map shall conform to City standards and procedures, City subdivision ordinance, Subdivision Map Act, and Land Surveyors Act. All :l/or right-of-way dedications to the City that is/are within the limits of a subdivision shall be made on the final map. Ali off I dedications, by a separate instrument(s) other than a map, shall be recorded prior to final map approval. A processing fee shall be paid to the City for all easements and/or right-of-way dedications made through a sep ' l(s) other than a map. A lation bond in an amount acceptable to the City Engineer shall be posted prior to final map approval. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Fire hydrants to be located as previously noted. SERVICES Resolution No. P-99-16 Page 11 Additional fire hydrants and access to be determined at time of submitted of development review plans. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PUBLIC SERVICES. The parcels are located within the General Plan's conceptual trail scheme as a Regional Trail. Dedicate the trail easement; improve to City Standards (signs, brow ditch lrol bars, bridges, etc.); install fencing; and decomposed granite surface (4 inches at 95 percent) via the improvement plans. The parcels are located within the Landscape Maintenance District 87-1. The parcels are subject to annexation and are required to finance, construct, install and/or establish landscape improvements within public rights-of way or public f' ~said landscape improvements under provisions of the Landscape and Lighting Act of 1972. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 23rd day of February, 1999. Michael P. Ca{ ~a,~layor ATTEST: L~O ri ~'n: e p~e ople;, '~City C~lerk Resolution No. P- gg-16 Page 12 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) SS, I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P- 99-16 , was duly adopted by the City Council at a meeting of said City Council held on the 23rd day of February, 1999 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: GOLDBY, HIGGINSON, CAFAGNA EMERY, REXFORD NONE NONE nne Peoples, City Cl~rk City of Poway