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Res P-00-35RESOLUTION NO. P- 00-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP TPM 98-15 ASSESSOR'S PARCEL NUMBER 323-290-39 WHEREAS, E A l and Tentative Parcel Map 98-15, hereinafter "Map", submitted by Errol Yeager, applicant, came before City Council for public hearing and action on April 25, 2000; and WHEREAS, the map application requests approval to subdivide an undeveloped 9.25 gross-acre parcel into three (3) rural residential I: ~]ing from 1.02 to 4.04 net acres located on both sides of Gate Drive just north of Calle Seco within the RR-C zone; and WHEREAS, the proposed map has been designed as a lot averaged subdivision pursuant to Section 17.08.170 of the Poway Municipal Code as the proposed three (3) residential lots are required to have a minimum lot size of one (1), two (2) or four (4) net acres depending on the slope within the RR-C zone; and WHEREAS, the projec1 Id Iion (E Initial Study and proposed Mitigated Negative D ), the map application, and the City Council public hearing on April 25, 2000, have been duly noticed in accordance with the req ' =the California G I Code and the req =the California E Iai Quality Act (CEQA); and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing; and NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council has considered the E Initial Study (ELS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this resolution for the Tentative Parcel Map 98-15 project and public comments received on the ElS and MND. The subject ElS and MND d 'Iion is fully incorporated herein by this The City Council finds that the mitigation contained in the ElS and Exhibit A hereof will mitigate potentially significant impacts to a level of less than significant and hereby approves the MND and the associated Mitigation Monitoring Program attached to this resolution as Exhibit A. Section 2: The required findings in compliance with Section 6.1.B of the Implementing Agreement/CESA MOU approved with the adopted Poway Subarea Habitat Conservation Plan/NCCP Plan (PSHCP) for the proposed map project are hereby made as follows: B= C= Resolution No. P-0 0 - 3 5 Page 2 The project biological :igation ' I with and furthers the implementing objectives of the PSHCP as the mitigation ' l with the approved MND pursuant to Section 1 above. The approved mitigation permanently p :1 protects within recorded biological conservation easement deeds 3.2 acres of coastal sage scrub habitat and grassland habitat either onsite or offsite. Additional mitigation requirements are identified in the approved MND, including compliance with the permitting req :the California Regional Water Quality Control Board and the California Department of Fish and Game. The mitigation habitat is appropriately located in the PSHCP mitigation area to enhance the long-term viability and function of the preserve system in that the mitigation habitat east of Gate D ' y within the Biological Core and Linkage Area (BCLA) associated with the South Poway C Preserve. It has been further mapped as being part of Proposed Resoume Protection (PRPA) #17b as identified in the PSHCP. This will serve to enhance the preserve system by protecting up to 3.2 acres of occupied upland coastal sage scrub and grassland habitats. In addition to the proposed onsite biological resource mitigation and to reconcile the onsite habitat p Iicipated by the Poway Habitat C Plan (Poway HCP), the applicant shall acquire the balance of the 3.2 acres of coastal sage scrub and grassland habitat not preserved on the site. The offsite mitigation land shall be in the vicinity of the project site and preferably adjacent to the South Poway Planned Community open space lands. The offsite habitat acquisition shall also result in a reduction in the number of potential dwelling units in the Mitigation Area of the Poway HCP. The off.site mitigation shall be approved by the Director of Development Services in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The off.site acquisition land shall be deeded in fee title to the City of Poway or recorded as a biological conservation easement and shall be encumbered by a recorded biological : deed. The mitigation will be to the long-term benefit of the PSHCP covered species and their habitats in that the mitigation will provide permanent public and private biological deeds that will protected open space, and the undisturbed and revegetated coastal sage scrub habitat within the protected open space will benefit the threatened California Gnatcatcher as well as otb :1 species" and their habitats found in the PSHCP mitigation area and adjacent habitat conservar Resolution No. P- 00-35 Page 3 The mitigation will foster th impl i the PSHCP in an effective and efficient manner in that the onsite mitigation areas are contiguous and are connected to the South Poway Planned Community permanent open space in the vicinity to the south. Th ligation will be set aside by the project proponent in accordance with the PSHCP and the onsite mitigation will :1 protect a significant amount of biological open space in the mitigation area in perpetuity. The mitigation will not result in a negative fiscal impact with regard to the l impl ;the PSHCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public and private biological I deeds. Section 3: The findings, in accordance with the State Subdivision Map Act (G l Code Section 66410 et. seq.) for Tentative Pamel Map 98-15, are made as follows: The map is consistent with the General Plan in that the residential lots are being created as residential building sites in accordance with the Rural Residential C land use and zoning provisions and the lot-averaged subdivision p ' ' !the Poway Comprehensive Plan. The site is physically suitable for the type of development approved in that the property h ge slope of 22.8 pement and the project has been designed to comply with the RR-C development standards and req ' of the Poway Comprehensive Plan. The site is physically suitable for the density of the development approved in that the property is zoned Rural Residential C and the lots have been designed to comply with th ' ' lot standards of the zone. The design of the parcel map is not likely 1 ~)stantial damage and avoidable injury to h ;I wildlife or their habitat in that the proposal includes dedication in fee title or recording of a biological conservar l on additional acreag :1 possibly offsite. The approved map is not likely to cause serious public health problems because City :t drainage system imp quired as a condition of approval. The design of the tentative parcel map will not conflict with any easement acquired by the public at large, now of record, t' through or use of the property within the proposed subdivision. Resolution No. P- 00- 35 Page 4 The approved project will not create any unmitigated adverse significant impacts on th : and a Mitigated Negative Declaration is issued. Section 4: the public imp The finding Jance with G are made as follows: Code Section 66020 for The design and imp =the proposed development with all elements of the Poway General Plan as well as City ordinances because all necessary services and facilities will be available to serve the project. Th i public imp 'led as a result of the proposed development to protect the public health, safety and welfare as identified below: Onsite and offsite drainage imp rf will be provided for the New fire hydrants will be required to serve the new development and provide fire protection. Water and sewer fees shall be paid and onsite and offsite improvements made to provide water and sewer service to the development. Access to the site will be provided in accordance with City standards and 1 -leq ,:]ency access. Section 5: The City Council hereby approves Tentative Parcel Map 98-15 for the subdivision of a 9.25 gross-acre parcel into three (3) rural residential lots located on both sides of Gate Drive just north of Calle Seco within the RR-C zone subject to the following conditions: Within thirty (30) days after tentative parcel map approval, the applicant shall submit in writing to the City that all conditions of approval have been read and understood. A revised project drawing shall be submitted to the Development Services Department, Planning Division, which reflects any and all changes which have resulted from the public hearing. Within thirty (30) days after tentative parcel map approval, the applicant shall apply for a Letter of Availability (LOA) to ;le availability and post with the City a non-refundable reservation fee equal to twenty percent (20%) of the appropriate fee in effect at the time the LOA is issued. D= Resolution No. P- 00 - 35 Page 5 This approval is based on the existing site conditions represented on the approved tentative parcel map. If actual conditions vary from representations, the approved map must be changed to reflect the actual conditions. Any substantial changes to the approved tentative parcel map, prior to parcel map, must be approved by the Director of Development S :1 may require approval of the City Council. Prior to recordation of the parcel map, unless other timing is indicated, the applicant shall complete the following, or have plans submitted and approved, agreements executed, and securities posted: The final parcel map shall conform to City standards and procedures, the City Subdivision Ordinance, the Subdivision Map Act, and the Land Surveyors' Act. The parcel map shall be in substantial with the approved tentative parcel map. The appropriate map review fee shall be paid at the time of submittal. = A minor modification to MDRA 99-115 for Parcel 3 shall be submitted for approval by the Director of Development Services to reflect the modification to the road improvement requirement. = The map shall be revised consistent with the approved tentative parcel map design on file in the Planning and Engineering Divisions of the Development Services Department, the Poway Municipal Code criteria for lot averaging, and the condit' :1 herein. Approval of this request shall not 31lance with all sections of the Zoning Ord' :1 all other applicable City ordinances in effect at the time of building permit issuance. The road improvement plan for Gate Drive shall be submitted for approval. A street improvement plan for the of public imp Gate Drive shall be submitted. The imp shall extend along the entire parcel map frontage on Gate Drive to the full width of the street and shall consist of concrete curb and gutter replacing the existing asphalt berm, widening of the road to 32 feet (two lanes of 12 feet with parking on one side within the remaining 8 feet) and ' : pavement structural section. A new street light shall be provided on the east side of Gate Ddve, more or less midway along Parcel 2. The light fixture shall be clear, Iow p :lium vapor per City standards. Additionally, a twenty seven (27) foot by seven (7) foot (more or less) cracked portion of the street pavement, 10. 11. Resolution No. P- 00-35 Page 6 including the I: adjacent to the existing driveway serving Parcel 3, shall be removed and replaced. The appropriate engineering plan checking and inspection fees shall be paid at the time of submittals. The property owner shall remit payment to the City in the amount of $77,606.38 as a benefit charge to be collected for reimbursement to the parties responsible for the of the existing road, sewer, water, and drainage imp Gate Ddve. As per the terms of the Reimbursement Agreement, a five (5) percent administrative fee, and an additional five (5) percent interest compounded annually from the date of the execution of the agreement, shall also be paid with this amount. E and/or street right-of-way dedications for Gate Drive to the City (or the public) within the limits of the subdivision shall be made on the parcel map. Ofl I dedications by separate instrument(s) other than a map shall be recorded. A processing fee, in addition to the map checking fee, shall be paid for all ded :le through separate I(s) other than a map. Appropriate securities (performance and payment bonds) shall be posted. Th ~all include all street improvements on Gate Drive, erosion control :1 '. :ion. A standard agreement 1' Gate Drive shall be executed. :the public imp The applicant shall retain a qualified archaeologist to perform the following tasks under a "scope of work" approved by the Director of Development Services: Monitor the clearing and grading operations for both onsite and offsite project development and improvements to ensure that any cultural : visible at the time of the survey are discovered and significant data is recovered. If cultural discovered during monitoring, the archaeologist shall have the authority to stop the clearing and/or grading operations and direct such operations to Iive areas of the project site until significant data is recovered. The Resolution No. P- 00-35 Page 7 monitoring shall be conducted in accordance with the Archaeological Mitigation Monitoring and Reporting Program attached to the project's E Initial Study. The archaeologist shall submit the final cultural report and all recovered artifacts to the City of Poway for approval and acceptance. The artifacts shall be stored at a City facility until an appropriate curation facility is identified and approved by the Poway City Council. 12. The parcel map shall include a note that the perimeter fence required at the interface of fire management zones 1 and 2 on each residential lot as shown on the grading plan shall I; -I in perpetuity by the property owner as described in Condition E.10 of this resolution. 13. None of the lots, including the open space lot(s), can be further divided, and a covenant to that effect shall be recorded against the property in favor of the City. Prior 1 : an administrar applicant shall comply with the following: permit or grading permit, the Mitigation for the loss of approximately 3.2 acres of Diegan Coastal Sage Scrub and Native Grassland habitat on the property shall be completed in compliance with the Poway Subarea Habitat C Plan (PSHCP) pdor to th fa grading and/or administrar ;] permit or map recordation, whichever is first. It shall be accomplished by either purchase and dedication of comparable offsite habitat within the PSHCP Mitigation Area or payment of the required in-lieu fee. The required mitigation replacement ratio for each acre of impacted habitat is 2:1. A biological conservation easement shall be recorded over the existing and new open sF Comply with the September 1999 Preliminary Geotechnical Investigation for grading and on these parcels. Future grading of additional portions of the parcels shall be prohibited unless approved by the Director of Development Services. = In accordance with the General Plan, Community Design Element, Policy C-Site Design, Strategy 21, Parcel 2 shall be graded to :late multiple foundation levels; comply with th Resolution No. P- 00-35 Page 8 graded area, slope requirements, and pad elevations of the Poway General Plan, Community Design Element, Policy C-Site Design, Strategy 19, and Zoning Ordinance, Section 17.08.170 for all parcels. Compl laeological background study of Parcels 1 and 2 to determine the I; 3sence of prehistoric cultural If found, site records shall be completed and filed and a testing plan implemented. Prior I ;a grading permit, a soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work and shall be submitted with the grading plan. As referenced in the attached Exhibit A, Mitigation Monitoring Program, and under the topic of "Geology and Soils," the :lations contained within the September 1999 Preliminary Geotechnical Investigation prepared by Vinje & Middleton Engineering for grading and construction on these parcels shall be implemented by the applicant. The subject report prepared by Vinje & Middleton Engineering and all such subsequent reports shall be reviewed and accepted by the City's Geotechnical Consultant. The applicant shall retain a qualified civil engineer and biologist to prepare a "Limits of Clearing Plan" for City review and approval. The limits of clearing shall be incorporated into the grading plan and shall include appropriate to clearly identify the limits of clearing and to protect the native habitat proposed for preservation, Such :le flagging, staking, and chain link fencing to preclude silt, debris, and :luipment and workers f ' ~ the drainage system and the habitat to be protected within : deed. The biologist shall stake the limits of cleadng and be on the project site to monitor the clearing and grading operations t 31lance with the "Limits of Clearing Plan." A note shall appear on the grading plan stating as follows: "At the onset of project clearing and grading, top soil within the existing "fire break areas" on Parcels 1 and 2 and proposed for grading, shall be stockpiled and mulched with all coastal sage scrub habitat plants cleared prior to grading. This mulch material shall be used to revegetate all existing onsite disturbed areas (e.g. dirt trails) within the open si; I portions of the residential lots and within the onsite biological open si; I that are upslope and outside of the proposed development envelopes including Fire Management Resolution No. P-00-35 Page 9 Zones 3, 4, and 5 in accordance with Section VI, Wildland Fire Management, of the City of Poway Guide to Landscape Req ' Such disturbed areas shall be scarified prior to the application of the mulch material. In addition, the disturbed areas shall also be hydroseeded with sage scrub seed mix to the sal' ' !the Development Services Department. o The following note shall appear on the grading plan: "In accordance with the Poway Subarea Habitat C Plan (Poway HCP), the clearing of coastal sage scrub habitat shall be prohibited between the period of February 15 and August 15, and the "take" of active nests of the Coastal Califomia Gnatcatcher during the February 15 through July 1 nesting season is not permitted. The required "fire management zones" for each lot shall be reviewed and approved by the Development Services Department and the Poway Fire Marshal prior to implementation. 10. The grading plan shall show a five (5) foot high chain link perimeter fence at the interface between the Fire Management Zones 1 and 2 on each residential lot in order to protect the native habitat within Zone 1 and the native habitat within the adjacent private open space easement. The perimeter fence shall b :1 in perpetuity by the h :1 shall be noted on the parcel map. The purpose of the perimeter fence shall be to preclude disturbance of the sensitive habitat within the adjacent l area and to limit access of humans and d The specific location of the required perimeter fence shall be determined by the City of Poway Development Services Department in consultation with the Poway Fire Marshal. The perimeter fence shall be installed prior to the City's issuance of a clearing and/or grading permit for the development of the proposed h The perimeter fence shall include a sign which informs the h : th ~ of the biological easement areas within the lots. The signs shall be approved by the Director of Development Services prior to their installation. Prior to issuance of an Administrative Clearing Permit, Grading Permit or recordation of the parcel map, whichever occurs first, the applicant shall comply with the following: Resolution No. P- 0 0 - 3 5 Page 10 The following permits shall be obtained as noted below and a copy submitted to the Development Services Department, Planning Division: California Regional Water Quality Control Board (San Diego, Region 9) for a 401 Water Quality Certification or Waiver. bo California Department of Fish and Game for a Streambed Alteration Agreement. A National Pollutant Discharge Elimination System (NPDES) permit from the City of Poway. During clearing or grading following: the applicant shall comply with the ']'he developer shall provide a utility location plan which details the location, size and type of utility equipment cabinets and facilities that will be required for all utilities within the development and the proposed method of screening utility boxes to the satisfaction of the Director of Development Services. No activity is permitted, including utility trenching, until pad grading is certified and all subdivision improvements aro approved by the Development Services Department. The applicant will be required to comply with Chapter 8.08 of the Poway Municipal Code pertaining to noise. E lrol, including but not limited to desiltation basins, shall be installed and maintained by the developer from October 15 to Apdl 15. The developer shall maintain all erosion control devices throughout their intended life. All existing and new utilities within the project shall be placed underground. The subdivider shall be responsible for the relocation and undergrounding of existing public utilities less than 34.5 KV, unless specifically waived by the Director of Development Services pursuant to the Poway Municipal Code. Prior to rock blasting, a pro-blast survey of the surrounding properties shall be conducted to th ~ the Director of Development H= Resolution No. P-00-35 Page 11 $ :t a blasting permit shall be obtained from the Engineering Division. $ ' Jings shall be taken for all blasting. Blasting shall occur only at locations and levels approved by the Director of Development Services. If applicable, cable ' ' lall 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 1' ' the project. Prior to issuance of a building permit for each individual lot, the applicant shall comply with the following: The parcel map for Tentative Parcel Map 98-15 shall be approved and recorded. = The applicant shall submit and obtain approval of a Development Review or Minor Development Review permit. In addition to normal submittal req the applicant shall provide plans for review and approval that address the following: A slope analysis for each lot to insure that the final grading plan associated with the house pad and private driveway complies with General Plan Policy C-Site Design, Strategies 17, 19, 22, and 23. In accordance with the General Plan, Community Design Element, Policy C-Site Design, Strategy 21, the custom home for Parcel 2 shall be developed with multiple foundation levels. Co The grading and development of the residential lots shall comply with the Poway General Plan Community Development Element, Policy C-Site Design, "Hillside Developments" Strategies 14 through 24. The portions of the lots presently containing native vegetation and designated as open space shall remain in their natural state and shall not be disturbed or developed. -- Resolution No. P- 00-35 Page 12 = = = = Parcels having driveways exceeding 150 feet shall also have approved Fire Department turnarounds. Rough grading of the lots is to be completed and meet the approval of the City inspector and shall include submittal of the following: A certification of line and grade for each lot prepared by the engineer of work. ^ final soils compaction report for each lot for review and approval by the City. Development fees shall be paid for each lot site for water, sewer, traffic mitigation and parks. The applicant shall pay the City 3/housing "in-lieu" fee as set forth in the City's ordinance requirements. The applicant shall pay school fees to the Poway Unified School District. The applicant will be required to pay drainage 1' Jance with the City Master Drainage Plan and design a drainage system capable of handling all water generated on the property or running through the property from off A Wildland Fuel Mitigation Plan shall be submitted to eliminate any potential threat of spread of fire from the proposed building development and the required onsite public and private biological conservation open space easements. The required mitigation plan shall be prepared by the project civil engineer and in accordance with Section VI, Wildland Fire Management, of the City of Poway Guide to Landscape Requirements. The mitigation plan shall be approved by the Director of Safety Services and Director of Development Services prior to implementation. The applicant shall submit a Landscape and Irrigation Plan (Plan) for review and approval. The purpose of said Plan shall be to fine grade to the natural contours and to relandscape the portions of the lots designated as open space and areas that have been previously cleared of native vegetation for fire managementJweed Resolution No. P- 00-35 Page 13 abatement purposes. Th ~all be permanently irrigated and landscaped with fire retardant ground cover and Iow lying shrub plant species as -led in the City of Poway Guide to Landscape Requirements. 10. The developer shall provid : Zoning and Land Use Map, or suitable alternative, to prospective purchasers. Evidence of the availability of this information shall be provided to the satisfaction of the Director of Development Services. 11. 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 produced by a reputable acoustic consultant for homes with'in the subdivision. The form and content of th' shall be to the sat ! the Director of Development Services. Prior to issuance of a Certificate of Occupancy, the applicant shall accomplish the following: Driveways, drainage facilities, slope landscaping and protection utilities, water and :ling ext :1 realig `l all street imp for the subdivision, shall be J, completed, and inspected by the Engineering inspector. All damaged offsite and onsite public works facilities, including parkway trees, shall be repaired and replaced prior t Iion of to th :the Director of Development Services. Record drawings, signed by the engineer of work, shall be submitted to the Development Services Department prior to a request of occupancy per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. 4. The applicant shall extend all necessary utilities to serve the project. Section 6: The approval of the tentative parcel map expires on April 25, 2002 at 5:00 p.m. The parcel map ' .:1 to this conditionally approved tentative parcel map shall be filed with the City so that the City may approve the parcel map before this approval expires, unless within 60 days of the expiration of the tentative parcel map a request for Resolution No. P- 00-35 Page 14 a time extension is submitted to the Development Services Department and a time extension is granted. Section 7: Pursuant to G l Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, 3osed pursuant to this approval shall begin on April 25, 2000. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a reg ' g this 25th day of April 2000. ~ L~r~,~nne Michael P. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P- 00- 35 was duly adopted by the City Council at a meeting of said City Council held on the 25th day of April 2000 and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: REXFORD ne Peoples, Ci City of Poway Resolution No. P- 00-35 Page 15 EXHIBIT A MITIGATION MONITORING PROGRAM FOR TENTATIVE PARCEL MAP 98-15 The California Quality Act (CEQA) requires a Mitigation Monitoring Program pursuant t California Public Resources Code, Section 21081.6). The following Mitigation Monitoring Program identifie the mitigation measures identified in the document reviewed an approved by the City of Poway City Council and the party responsible for imf of the mitigatio measures. Topic Mitigation Measures Timing Responsibility Biology a. Mitigation for the loss of approximately 3.2 Prior to parcel map Applicant or hi acres of Diegan Coastal Sage Scrub and Native recordation, rep Grassland habitat on the property shall be completed in compliance with the Poway Subarea Habitat C Plan (PSHCP) prior to the · a grading and/or ad ~ I: ~ recordation, whict' It shall be accomplished by either purchase and dedication of comparable offsite habitat within the PSHCP Mitigation Area or payment of the required in-lieu fee. The required mitigation ratio for each acre of impacted habitat is 2:1. A biological 3all be recorded over the existing and new open si: b. The creek and revegetation on Parcel 3 shall I: :1 for th ~ the five ~ ;I period with the costs for periodic isits by the City's landscape architect or a qualified iologist to be paid by the applicant. C u It u ra Complete an archaeological background study o Prior to parcel map Applicant or hi Resources Parcels 1 and 2 to determine the presence o recordation, rep absence of prehistoric cultural resources. I found, site records shall be completed '-nd filed, and a testing plan implemented. Development of the property will require the -ubmittal of grading plan(s) and compliance with the City Grading Ordinance. Geology & Soils Comply with the September 1999 Preliminary G Investigation for grading and on these parcels. Future grading of additional portions of the parcels shall be prohibited unless approved by the Director of Development Services. Pdorto occupancy Applicant. Engineering Division & Building Division