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.
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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
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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.
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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