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Res P-99-43RESOLUTION NO. P-99-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 98-07 ASSESSOR'S PARCEL NUMBER ;320-011-28, 29 AND 320-020-$1 WHEREAS, E ,~ :and Tentative Tract Map 98-07, hereinafter "Map" was submitted by Anthony Aviano and Neville Bothwell, applicants, requesting approval to subdivide the real property situated in the City of Poway, County of San Diego, State of California, described as a 7.4 acre property into 9 residential lots located on the southwest side of Creek Road, including two existing home sites at 11670 and 11674 Creek Road, and came before City Council for public hearing and action on June 8, 1999; and WHEREAS, pursuant to G 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 th' :1 any such protest must I~ that complies with Section 66020; and WHEREAS, the Director of Development Services h :led approval of the map subject to all conditions set forth in the Development 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 I and hereby issues a Negative Declaration with Mitigation Measures. Conditions reflecting mitigation req ', '~nified by use of an asterisk (*). The approved project' l with the general plan in that the proposed lots are being created as residential building lots each greater than 15,000 square feet in size, in compliance with the provisions of the development allocation within the Creek Road Enclave. Resolution No. P- 99-43 Page 2 The site is physically suitable for the type of development proposed in that the property is gently sloping, is located next door to a property which is being developed as a large child care center and is close to Pomerado Road which is a primary arterial. Each of the parcels is faidy regular in shape and building pad : 8,000 square feet in size. The site is physically suitable for the density of the development proposed, in that the smallest lot is 17,330 square feet in size and four lots are larger th ~. The Creek Road area has such a distribution of lot sizes within it. o The design of the tract map is not likely I 3stantial ~ damage and avoidable injury to h ~ 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 protected from future development by way of a biological conservat' The tentative tract map is not likely 1 public health problems because the 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, f 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. Decision: The City Council hereby approves Tentative Tract Map 98-07 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 DEVELOPMENT SERVICES: Resolution No. P-99-43 Page 3 SITE DEVELOPMENT The site shall be developed in accordance with the approved site plans on file in the Planning Division of the Development Services Department and the conditions contained herein. Approval of this request shall not Ordinance and all other applicable City Ord permit issuance. 31iance with all :the Zoning · at the time of building o There shall be no further subdivision of any lot within this subdivision and it shall be so stated on the face of the final map. = 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 Department of Development Services within 60 days of the expiration of the Tentative Tract Map. LANDSCAPE IMPROVEMENTS Future property owners shall protect the stream area from erosion and sed by ' ' ,.1 d plant cover; and it shall be so stated on the final map. Approval of the vegetation plan shall be required at final map approval. The developer shall obtain all necessary permits for work in the creek area from the State Department of Fish and Game, Army Corps of Engineers and the State Regional Water Quality Control Board prior to th : a grading permit or ad ;] permit, should one be requested prior 1 of a grading permit, A biological : shall be granted to the City of Poway over that area designated as within the limits of the "blueline stream". No grading shall be permitted within 50 feet from the of the stream over lots 1,4 and 5. Buyers of the subject lots shall 3y of th l document along with an affidavit for their signature stating their understanding of the preservation requirements. Mitigation for the removal of chaparral habitat shall be completed in compliance with the Poway Subarea Habitat Conservation Plan prior to the ' I a grading and/or ad 3 permit. It shall be accomplished by either purchase off-site of comparable habitat within the PSHCP Mitigation Area or payment of the required In-Lieu fee. ADDITIO IRED Resolution No. P-99-43 Page 4 = = 10. 11. A development development review shall be approved prior to the Ia building permit. The developer shall provide a current Zoning and Land Use Map, or suitable alternative, to prospective pumhasers. An acoustical study shall be conducted by a reputable consultant, analyzing the impacts of read noise from Pomerado Road. A decorative slumpstone noise attenuation wall shall b :1 based on this study prior to final map. 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, :1 sound level p produced by a reputable acoustic consultant for homes within the subdivision. 12. Cable television services shall be provided and installed underground. The developer shall notify the cable companies (Cox C :1 Time-Warner Cable) when planning, designing, and constructing 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. APPLICANT SHALL CONTACT THE DEPARTMENT OF DEVELOPMENT SERVICES, ENGINEERING DIVISION, REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: All required public imp ~all be either completed or bonded and secured prior to final map approval. If the developer chooses bonding, the face of the map shall ' ;I that no individual lot shall be sold until the imp have been completed to th f the Director of Development Services. 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. = Prior to issuance of a grading permit and the start of the grading operations, a grading plan for the development of the property, prepared on a standard sheet of mylar and drawn 1 : 1" = 20', shall be submitted to the City's Development Services Department 1' ~1 approval. Rough grading of the site must be completed and shall meet the City's Engineering inspector's approval prior to : a building permit. Permit and plan check fees shall be paid at the time of the grading and improvement plan, and final map submittal. 10. 11. 12. Resolution No. P- 99-/*3 Page 5 Non-supervised ~ineered fill is specifically not allowed. Rock disposal areas shall be graded in compliance with City-appreved soils investigations and :lations, and grading plans. Intersection drains will be required at locations' specified by the Director of Development S :1 in accordance with standard engineering practices. A drainage system capable of handling and disposing all surf '3inating within the project, and all surface waters that may flow onto the project from adjacent lands, will be required. Said drainage system shall include any additional ~ strectures as required by the Director of Development Services to preperly handle the drainage. A drainage study shall be prepared and submitted with the grading plans and the final map, addressing the hydrology and hydraulics of the site. Particularly, the study shall focus on the existing reck-lined channel along the westedy subdivision boundary, and the double 32 inch. If the existing pipes will need to be upgraded as a result of the drainage study, the subdivider shall pay a pre-rata share of the total cost of the pipe imp prior to the map appreval. A soils report (and a geology report, if necessary) shall be prepared by a qualified engineer (geologist), licensed by the State of California to perform such work. Copies of the report(s) shall be submitted with the grading plan. All new slopes shall be a 2:1 (horizontal to vertical). A final compaction report shall be submitted and appreved prior to issuance of building permits. A certification of line and grade prepared by the project civil engineer shall be submitted prior I : building permits. Dudng construction, adeq. lrel 1 as desiltation basins, shall be installed and maintained. A lrel 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 proper maintenance of all eresion contrel devices during th f th The p -I to the subdivision from Creek Road shall be impreved per the City of Poway standards for non-dedicated, semi-rural reads, as per Municipal Code Sections 12.20.070, and 12.20.080, and shall meet the Fire Department req for fire apl; :1 tum around. The readway shall include publ :1 and th ~ lines and facilities per the City of Poway standards. A separate plan for the imprevement of the roadway showing the water and sewer lines shall be submitted with the final map, and the 13. · 15. 16. 17. 18. 19. Resolution No. P- 99-43 Page 6 grading plan for the City's approval. Plan check and inspection fees shall be paid by the subdivider. The width of the right-of-way (easement), as shown on the Tentative Map for th ,1, i.e., 40 feet, as well as the roadway width of 20 feet will be sufficient. A reciprocal access, and agreement shall be provided insudng access to all I: the private road to th :the Director of Development Services Department, and the City Attomey. The agreement shall be recorded prior to map approval. Th ;Ireement shall include provisions for replacement of any damaged improvements during the construction of the homes, or any other subsequent construction. Each lot shall be provided with its own sel: line and sewer lateral. All utilities (proposed and existing), and appurtenances, as welt as th shall be shown on the grading plan. N lments will be permitted upon any easement, unless otherwise approved by the Director of Development Services Department. All proposed utilities within the subdivision or along the subdivision frontage on Creek Road shall be installed underground including any existing t' " The subdivider is responsible for th :1 undergrounding of any existing public utility as required. New utility easements shall be provided to the specifications of the serving utility companies and the Director of the Department of Development Services. Due to the need for new fire hydrants, the applicant shall pay for a water system analysis to establish the prop :1 location of the public water system. The amount shall be determined by the cost of the analysis, and shall be paid prior to the submittal of the improvement plans. Two (2) fire hydrants will be required for this subdivision, one inside as shown on the Tentative Map, and one outside the subdivision, adjacent to the access road driveway. Plan check and inspection expenses shall also be paid by the subdividers. A right-of-way permit shall be obtained from the City's Development Services Department, Engineering Division, for any work to be done within the public right-of- way, or any City-held easement. Said work shall include, but is not limited to, construction of driveway approach, sewer lateral installation, water service installation, and street improvements. Appropriate fees shall be paid prior to the permit issuance. The final map shall conform to City standards and procedures, the City Subdivision Ordinance, the Subdivision Map Act, and the Land Surveyors' Act. Resolution No. P- 99-43 Page 7 20. 21. 22. 23. 24. Prior to map approval, the following imp ~all b :1 on Creek Road: 1) An approximately six (6) feet of clear shoulder area along the entire subdivision frontage adjacent to the edge of pavement. The existing trees shall be protected in place, but trimmed, in order to provide the shoulder. The shoulder shall be six (6) inches of decomposed granite. 2) A new Low Pressure Sodium Vapor street light adjacent to the proposed entry point to the subdivision. The exact location of the light will be determined during 3) Widening of the roadway along the subdivision frontage immediately east of the Discovery Isle School property by approximately two (2) feet, in order to align with the newly constructed curb in front of the school. The length of this improvement will be approximately fifty (50) feet. The work shall include removal of the existing AC berm adjacent to the school curbing, and construction of new AC berm to same line as the school curbing. TI; -lway surfacing along the widened portion shall consist of ' ' :one (1) inch Asphalt C the existing pavement, or full structural section per the City standards, where required. An appropriate pavement transition shall be provided from this segment of the roadway to the adjacent easterly portion, and the existing driveway to the subdivision. A new pedestrian p 3 per the Regional Standard Drawings shall be installed adjacent to the existing headwall in the widened area. The existing AC swales flowing into the rock channel from Creek Road will need to be adjusted as a result of the widening. 4) The roadway along the entire subdivision frontage, and to the full width, i.e. 27 to 28 feet more or less, shall be Slurry Sealed in accordance with the Standard SI: for Public Works C the most recent edition. All :l/or right-of-way dedications to the City that are within the limits of the subdivision shall be made on the final map. Any off-site easement dedications, by sel: :(s) other than a map, shall be recorded prior to final map approval, A processing fee, in addition to a map checking fee, shall be paid to the City for all easements and/or right-of-way dedications made through sep ~.(s) other than a map. A 'Iion bond in an amount acceptable to the Director of Development Services shall be posted prior to final map approval. Building permits will not be granted prior to the recordation of the final map. The applicant shall, within 30 days after approval of the tentative map, apply for a Letter of Availability (LEA) 1 3ility, and make payment to the City for :lable fee equal to 20% of the approi: fee in effect at the time the LeA is issued. 25. Resolution No. P- 99-43 Page 8 The following fees shall be paid prior to issuance of a building permit for each residence. These 1' :ly in effect and are subject to change without prior notice: Traffic Mitigation= $990.00 Traffic Mitigation= $660.00 Park = $2,720.00 Drainage No fee (for lots greater than 0.5 acre) (for lots less than 0.5 acre) *Annexation to the lighting district and evidence of annexation shall be accomplished at the time of map approval. Approp J water fees, as part of the development fees, shall be paid bythe subdivider prior1 :the building permits. These f :ly in effect and subject to change without notice. WATER IZE METER COST BASE CAPACITY SDWA * 3/4 INCH. $130.00 $3,710.00 $1,585.00 1 INCH. ** $ 270.00 $6,678.00 $2,536.00 *Applicable I ' ** If required for fire safety. for domestic use only. SEWER CLEAN-OI $2,356.00 $50.00 $25.00 APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Install additional fire hydrant at northeast corner of Lot 2 on Creek Road. 2. A water system analysis shall be required. APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Annex into the Landscape M District 87-1 and install and finance · ' required landscape imp:hin the designated LMD area to the sat : the Director of Public Services prior to final map. Resolution No. P-99-43 Page 9 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 8th day of June, 1999. ATTEST: Peoples, Cit~, Clerk )a, Mayor 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. P- 99-43 was duly adopted by the City Council at a meeting of said City Council held on the 8th day of June and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: REXFOR9 ABSENT: NONE EMERY, GOLDBY, HIGGINSON, CAFAGNA Peoples, Ci~lerk City of Poway