Res P-00-99RESOLUTION NO. P- 00-99
A RESOLUTION OF THE CiTY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA
MODIFYING THE GRADING PLAN PERTAINING TO
FINAL MAP 12880/TENTATIVE TRACT MAP ('FI'M) 4191-9R
AND DEVELOPMENT REVIEW (DR) 00-23
ASSESSOR'S PARCEL NUMBERS APN: 314-371-24 to 35
WHEREAS, on November 20, 1984 the City Council approved Tentative Tract
Map 4191-9R that included 12 lots on 60 acres of the 975 lot Planned Community (PC)
zone/specific plan site; and
WHEREAS, the applicant is requesting to modify the grading plan for 10 of the
12 lots of Final Map 12880/Tentative Tract Map 4191-9R to allow pad elevations to be
lowered between five and eight feet on four of the lots from the 1991 approved pad
elevations; and all lment of the fuel modificat' the open space
easement. This request also includes Development Review 00-23 to establish the
design standards for th ' 10 h 3 five different elevations on a
60-acre site located on Sagecrest Drive, east of Brookstone Drive in the Rancho
Arbolitos Planned Community (PC) zone, has been submitted by McCullough-Ames
Development, Inc.; and
WHEREAS, on December 19, 2000, the City Council held a public hearing on the
:1 item; 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;
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 Revision to Grading Plan for Final Map
12880/Tentative Tract Map 4191-9R and Development Review 00-23 and public
comments received on the ElS and MND. The subject ElS and MND documentation is
fully incorporated herein by th' The City Council finds that the mitigation
:1 in the ElS and Exhibit A hereof will mitigate potentially significant
impacts to a less than significant level and hereby approves the MND and the
~ 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/California Endangered Species Act (CESA) Memorandum of
Understanding (MOU) approved with the adopted Poway Subarea Habitat Conservation
Plan (PSHCP)/Natural Community Conservation Plan (NCCP) for the proposed project
are hereby made as follows:
The project biological
:igation '
Resolution No. P-00-99
Page 2
l with and furthers the
proposed MND pursuant to Section 1 above. The approved mitigation
permanently p :1 protects, within recorded biological
easement deeds, up to 11.6 acres of off-site habitat of equal or greater
~at lies within the Poway HCP Twin Peaks mitigation
area for any impacts to occupied habitat. A biological conservation
easement will be recorded for the off-site habitat acquisition. If the final
building envelope, siting of the dwelling units and outbuildings, and brush
management for fire protection yield a I t than the 5.8 acres (to be
mitigated at a 2:1 basis), the amount of off-site habitat mitigation will be
reduced proportionately. An additional 1.07 acres of coastal sage
scrub/chaparral (CSS/CHP) on th portion of Lot 388 will also be
protected within a biological conservat' l.
Bo
Co
The mitigation habitat is appropriately located in the PSHCP miti§' '
to enhance the long-term viability and function of the preserve system in that
th :1 :igation habitat :hin the Twin Peaks
Mitigation Area. Obtaining habitat and open space protection for Twin Peaks
and the adjoining area is a high priority for the City. This will serve to
enhance the preserve system by protecting coastal sage scrub and chaparral
habitats.
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 conserval' I deeds that will protected
open space, and the undisturbed coastal sage scrub and chaparral habitats
within the protected open space will benefit the threatened California
Gnatcatcher as well as otb :1 species" and their habitats found in the
PSHCP miti~ :1 adjacent habitat
The mitigation will foster th impl i the PSHCP in an
effective and efficient that th ligation
contiguous and :1 to the Twin Peaks Mitigation Area permanent
open space to the east and north. Th ligation will be set aside by
the project proponent in accordance with the PSHCP and th :1 off-
site mitigation will :1 protect a significant amount of biological
open space in the miti~ in perpetuity.
The mitigation will not result in a negative fiscal impact with regard to the
i 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 ~ deeds.
Code Section 66020 for the
Section 3: The findings, in accordance with G
public imp are made as follows:
Resolution No. P-00-99
Page 3
The design and imp : the proposed develop
with all :the Poway General Plan, as well as City ordinances,
because all necessary :1 facilities will be available to serve the
project. Th : the public imp ~ed as a result of
the proposed development to protect the public health, safety and welfare as
identified below:
The project requires payment of water, traffic mitigation, drainage, and
school impact fees which arc assessed on a pre-rata basis to finance
and provide public in1 imp ' which promote a safe
and healthy '. for the rcsidents of the City.
2. The recrcational trail alignment through the property is to be
constructed to City Trail Standards and ' I with the goals and
policies of the Poway General Plan.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal
Code and the pefl' :lards for the Planned Community zone for
Development Review 00-23 are made as follows:
The project' : with the Poway General Plan and Zoning
Development Code as rcsidential projects arc permitted within the Planned
Community land use designation and zoning district.
The project will not have an ad :hetic, health, safety, or
architecturally related impact upon adjoining properties as the design of the
residences for the intended purl; to th : the
Community Design Element of the Poway General Plan and will be
compatible with current and future buildings in the vicinity.
CJ
The project encourages the ordedy and h ' ;}1; ;
and property within the City as th I with the architectural and
site design standards in the Poway General Plan and Zoning Development
Code.
Section 5: The City Council hercby approves the modification to the grading plan for
Final Map 12880/Tentative Tract Map 4191-9R for four of the 12 lots of Final Map
12880/Tentative Tract Map 4191-9R to allow pad elevations to be Iowercd between five
and eight feet on four of the lots from the 1991 approved pad elevations, allow an
incrcase in the size of the pads and additional fuel management lment
into the open sp I, and establish the design standards for th
of 10 homes on a 60-acre site located on Sagecrcst Drive, east of Brookstone Drive in
the Rancho Arbolitos Planned Community (PC) zone to Development Review plans
dated October 27, 2000 and the Comprchensive Site Plan and Fuel Modi!
plans dated November 7, 2000, are subject to the following conditions:
Do
Resolution No. P- 00-99
Page 4
Within thirty (30) days of this approval, the applicant shall sub 3, to the
City, that all conditions of approval have been read and understood.
The applicant shall comply with the condit'
P- 84-70 & P-84-71.
~ in Resolution No.
Lots 390, 392, 397 and 399 of TTM 4191-9R (Map 12880) are found to be in
substantial Ih the I 3 pad elevations approved by the
City Council on October 17, 1991 and shown on the Grading and Erosion Control
Plans approved by the City Engineer on November 25, 1998. A five foot
decrease for Lot 390 and an eight foot decrease for Lots 392, 397 and 399 is
authorized.
This approval is based on the existing site conditions represented on the
Grading and Erosion Control Plans dated November 25, 1998 and Development
Review 00-23 plans dated October 27, 2000. If actual conditions vary from
representations, the proposed Grading and Erosion Control Plans must be
changed to reflect the actual conditions. Any substantial changes to the
proposed Grading and Erosion Control Plans prior to initiation of the grading
changes must be approved by the Director of Development S :1 may
require approval of the City Council.
Prior to obtaining a grading permit, unless other timing is indicated, the applicant
shall:
Submit to the City, for review and approval, a precise grading plan,
erosion control plan, stormwater pollution prevention plan, grading permit
application and geotechnical report/s to the Engineering Division of the
Development Services Department. The plans shall show the fuel
management zones, the biological and the
recreational trail easement and grading for the trail.
Erosion control, including but not limited to desiltation basins, shall be
installed and ~ ' ~ 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 applicant/developer shall make provisions
to insure prop =all lrol devices.
The pollution prevention plan (SWPPP) shall be made a part
of the precise grading plan. The SWPPP shall provide the erosion,
sedimentation and pollution control to be used during
4. No slopes shall be created over City-held easements, including the
recreational trail easement.
F=
=
=
=
Resolution No. P- 00-99
Page 5
The applicant/developer shall pay the following fees and post or pay the
grading
Grading permit, plan checking, inspection and geotechnical review
fees. The grading permit fee shall be paid at first submittal of
grading plans.
b. Posting and/or payment of grading securities.
Submit a request for and then, subsequently, attend a p
meeting with a City Engineering inspector. The applicant/developer shall
be responsible to ensure that ail necessary individuals such as, but not
limited to, contractors, subcontractors, project civil engineer and project
soils engineer, attend the p
The existing rock outcroppings on or adjacent to the building pads shall be
preserved unless authorized t; with a grading permit.
In accordance with the HCP Implementing Agreement, the U.S. Fish and
Wildlife Service and the California Department of Fish and Game must
concur with any modification to the recorded open Sl~ I. The
applicant shall provide written or verbal from these agencies
prior to any habitat disturbance within the existing open si; l.
=
Submit a landscape plan for the required fuel management zones for
:1 approval by the Director of Development Services.
10.
Grading for the lowered pad
recorded open si:
~all not encroach into any
I, as shown on the grading plan.
11.
Submit a plan 1' :1 approval showing the design of the
recreational trail. The trail shall I; :y trail, designed to City trail
standards, to the sat :the Director of Public Works and the
Director of Development Services.
Prior to or during
F imp
the applicant shall:
Grading of the project shall be in substantial lh the
approved development plan and in accordance with the Uniform Building
Code, City Grading Ord :1 City Storm Water Management and
Discharge Control Ordinance.
=
E ~rol
shall I:
other additional
shall
~all be provided for all operations. The work
Jance with the submitted erosion control plan, and/or
as required by the inspector. The developer
lrol devices throughout their intended life.
Resolution No. P- 00-99
Page 6
A right-of-way permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in public
street rights-of-way or City-held
The proposed limits of cleadng for fuel management zones shall be staked
and flagged with dbbon identifying the boundary bet~ 2 (thinned
native vegetation) and Zone 1 (undisturbed native vegetation).
Retain a qualified biologist on-site to monitor the staking and flagging of
the fuel management zone limits and during the clearing and thinning of
habitat.
Grading for the lowered pad
recorded open sp
wall not encroach into any
I, as shown on the grading plan.
Prior to obtaining a building permit, the applicant shall:
The plans submitted for each lot shall comply with the Zoning Ordinance
and all other applicable City Ord' ,-'t at the time of building
permit issuance. The project shall comply with the p ' ' : Final Map
12880/Tentative Tract Map 4191-9R and the Rancho Arbolitos Planned
Community (PC) zone for building setbacks. The building plans shall
depict the exf :1 colors in muted earth tones to reduce
their I; the hillside, to the sat ~ the Director of
Development Services.
The architectural designs shall include "Country French" and "California
Country". The concept designs may be modified as allowed by the
Director of Development Services.
Prior 1 ~ a building permit on the third lot, submit a plotting plan
for the home proposed on each lot to the Planning Division of the
Development Services Department t' :1 approval to ensure that
a mix of one-story (ratio of two-thirds) and two-story (ratio of one-third)
homes ' :1. Lots 395, 396 and 397 (closest to Larchmont
Street) are to be plotted with one-story homes as far back from the edge
of the pad to th I the Director of Development Services.
Record a deed covenant for all 12 lots that any t tis or other
types of recreational courts are to remain unlighted. The form and content
of th l shall be satisfactory to the City Attorney.
=
Provide verification of the payment of school fees to the Planning/Building
Divisions. School impact fees shall be paid to the sar ' :the
Poway Unified School District per the prior agreement. PI : the
10
11.
12.
13.
14.
Poway School District for additional
2089.
Resolution No. P-00-99
Page 7
:(858) 748-0010, ext.
The Affordable Housing In-Lieu fee shall be paid for each h
to the formula adopted per Section 17.26.300 of the Poway Municipal
Cod ;] ' 3/housing req
ting
Provide evidence of purchase, at a 2:1 mitigation, of 11.6 acres of off-site
habitat of equal or g that lies within the Poway HCP Twin
Peaks mitig' ' for any impacts to occupied habitat. If the applicant
is unable to acquire habitat within the Twin Peaks mitigation area, the
Director of Development S ! autl~ :igation area
elsewhere within the Poway HCP miti~ A biological
: for the off-site habitat acquisition shall be
prepared to th ; the City Attorney and a copy of the
recorded document provided to the City. If the final building envelope
siting of the dwelling units and outbuilding and brush management for fire
protection yield al l than 5.8 acres (to be mitigated on a 2:1
basis), the amount of off-site habitat mitigation will be reduced
proportionately.
Provide evidence of recordation of a biological conservat' I for
the 1.07 acres of CSS on th portion of Lot 388 and show the
easement on the grading plan. The form and content of th
shall b 3/to the City Attorney.
Record a biological l over the recorded open space
easement as additional notice to adjoining property owners of its purpose.
The form and content of th : shall be satisfactory to the City
Attorney. A copy of the recorded document shall be provided to the City.
Completion of and approval by the City of rough grading of each lot.
A soils compaction report shall be prepared by an engineer licensed by
the State of California to perform such work, and shall be submitted with
the building plans.
City approval of a certification of line and grade issued and prepared by
the project's civil engineer.
Completion of fire hyd
the City Fire Marshal.
· lation on Sagecrest Street, ' ' 3/to
Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows and are subject to
15.
16.
Resolution No. P- 00-99
Page 8
change without further notice· The amounts to be paid shall be those in
eft' ! payment.
Water base capacity fee (R solution No. 91-123)
For %" meter = 3,710.00 per meter
For 1" meter = 6,678.00 per meter
For 1-1/2" meter = 10,388.00.00 per meter
Otb = Contact Engineering Division
Water meter fee (Resolution No. 91-123)
For %" meter = $130.00 per meter
For 1'" meter = $ 270.00 per meter
For 1-1/2" meter = $ 600.00 per meter
Otb -- Contact Engineering Division
SDCWA capacity charge - To be paid by separate check, payable to
San Diego County Water Authority
For %" meter = 1,871.00 per meter
For 1" meter = $2,994.00 per meter
For 1-1/2" meter = $5,613.00 per meter
Otb = Contact Engineering Division
lion fee = 0 (Subject to verification)
S l fee = $50.00 I~ l per lot
S l inspection fee = $25.00 I: l per lot
Traffic mitigation fee = $990.00 per lot
Park fee = Exempt
Drainage fee
= $1,200.00 per lot
L
within th
plumbing fixtures and Iow water irrigation shall be installed · :lence and its surrounding landscaping.
Compl ~ion of trail imp for the
community trail designed to City Trail Standards and record a trail
easement over the trail. Prepare and record l document to
the sat' ' : the Director of Development of Development Services.
The form and content of th I document shall be to the
· ' i the City Attorney. A copy of the recorded document shall
be provided to the City.
Resolution No. P-00-99
Page 9
Prior to occupancy, the applicant shall:
Complete grading imp
City-approved grading plans.
for each new house in
:h
2. Obtain City approval of record drawings of the grading plans.
Driveways and all drainage imp
inspected by the Engineering Inspector.
~all be completed and
Existing and proposed utilities within each lot shall be installed
underground along with utility appurtenances. Th :1 easements
shall be shown on the site plan.
The locations of future utility boxes, cabinets, or
fully d J and may be required to b
of the Director of Development Services.
3all be shown
-I to the satisfaction
Submit a deposit for the annual maintenance fee for the water booster
pump prior to occupancy of Lots 391,392, 393 and 394 in an amount
satisfactory to the Director of Public Services. The fee (estimated to be
$600 to 1,000 for the first year) is to be paid by the property owners of the
12 lots within the tract map.
The following improvements shall be
Director of Safety Services:
:1 to the satisfaction of the
Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant and roof
covering materials, per U.B.C. Section 3202 (e) and per City of Poway
Ordinance No. 64.
Approved numbers or addresses shall be placed on the building in
such a position as to be plainly visible from the street fronting the
property. Said numbers shall contrast with their background. Address
shall be required at private driveway entrances.
Each chimney in conjunction with any fireplace shall be
with a spark arrester.
Dead end :lway. ' 1150 feet long shall be
provided with approved provisions for the turning around of Fire
Department apparatus. Curves and topographical conditions could
alter the req for turnarounds and the width of ,Cs.
Resolution No. P- 00-99
Page 10
Th ~way shall be extended to within 150' of all portions of
I 'y of any building.
roadway cannot be provided, approved fire p ./stem(s) shall
be provided as required and approved by the Chief.
A residential fire sprinkler system with a one-inch meter will be
required. Plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (If a one-inch lateral off the street main is
currently not present, one will have to be installed.)
7. Fuel management to extend ' ' ; 100 feet from
structures.
Sufficient water pressure f ' g hydrants (20 ponds per square
inch (P.S.I.) residual at 1500 gallons per minute (G.P.M.)) shall be
provided for fireflghting purposes.
Section 6: The approval of the revised Grading and Erosion Control Plan dated
November 7, 2000 for Final Map 12880/Tentative Tract Map 4191-9R expires on
December 19, 2001 at 5:00 p.m. unless a grading permit pursuant to this approval is
issued or, within 60 days of the expiration of this approval, a request for a time
extension is submitted to the Development Services Department and a time extension is
granted.
Section 7: Development Review 00-23 to build ten homes expires on December 19,
2002, at 5:00 p.m., unless a building permit has been issued and in
this approval h ,1 prior to this date.
Section 8: Pursuant to G : Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
3osed pursuant to this approval shall begin on December 19, 2000.
PASSED, ADOPTED and APPROVED by the City Council of the City
of Poway, State of California, at a reg ' ;I this 19th day of December 2000.
ATTEST:
Michael P. Cafagna
L~o A~ine F~eoples,~Cit~
Resolution No. P-00-99
Page 11
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- 00-99 , was duly adopted by
the City Council at a meeting of said City Council held on the 19th day of December
2000, and that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, CAFAGNA
NOES:
EMERY, REXFORD
ABSTAIN: NONE
ABSENT: NONE
ne Peoples, City Clerk
City of Poway
N:\city\planning\O,
Resolution No. P~00-99
Page 12
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR REVISION TO GRADING PLAN FOR FINAL MAP 12880rrENTATIVE TRACT
MAP 419'1-9R AND DEVELOPMENT REVIEW 00-23
Section 21081.6 of the Public Resoumes Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
l. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This mitigation monitoring program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compl :1. Non-compliance
which may occur subsequent to project will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
1. BIOLOGY
Impact: In order to create fuel management zones to comply with the
City's Landscape Standards, th ' :1 encroachment into the
recorded open si: : is 6.87 acres of coastal sage scrub (CSS)
and chaparral (CliP) habitats. An area of 1.07 acres of CS$ and CHP
habitat is being offered on-site that is not within the recorded open space
easement for a net encroachment of 5.8 acres.
B. Mil
1)
Provide a 2:1 mitigation ratio of 11.6 acres of off-site habitat of
equal or greal Iion value that lies within the Poway HCP
Twin Peaks mitig" for any impacts to occupied habitat.
Record a biological I for the off-site habitat
acquisition. If the final building envelope, siting of the dwelling units
and outbuildings and brush management for fire protection yield a
I than the 5.8 acres (to be mitigated at a 2:1 basis),
the amount of off-site habitat mitigation will be reduced
proportionately.
2)
Provide a biological l for the 1.07 acres of
CSS/CHP on th portion of Lot 388 in a form acceptable to
the Director of Development Services.
3)
4)
Resolution No. P-00-99
Page 13
In accordance with the HCP Implementing Agreement, the U.S.
Fish and Wildlife Service and the California Department of Fish and
Game must concur with any modification to the recorded open
si: I. The City must obtain written or verbal
from these agencies prior to any habitat disturbance
within the existing open si: ~.
Record a biological conserval' I over the recorded open
si: l as additional notice to adjoining property owners
of its purpose.
Monitoring:
The proposed limits of clearing for fuel management zones shall be
staked and flagged with ribbon identifying the boundary between
Zone 2 (thinned native vegetation) and Zone 1 (undisturbed native
vegetation).
2)
Retain a qualified biologist 1' ' .~ of the staking and
flagging of the fuel management zone limits and during the clearing
and thinning of habitat.
3)
The fuel management zones shall comply with Section 6 of the City
Landscape Standards.
Responsibility: Applicant/Qualified Biologist
Inspection: Project Planner/Engineering Inspector
Financial: Covered by Applicant; deposit to City I y third party
consultants needed, e.g. consulting biologist to verify implementation of
mitigation monitoring program