Res P-01-05RESOLUTION NO. P- 01-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING ENVIRONMENTAL ASSESSMENT AND
TENTATIVE TRACT MAP TTM 00-01
ASSESSOR'S PARCEL NUMBER 325-010-09 & 12
WHEREAS, Tentative Tract Map 00-01, hereinafter "Map", submitted by Judd
Partners II, LLC to subdivide 48.1 acres into five lots of 2.4 to 5 g for light
industrial use plus a 25.7 acre parcel for open space on the south side of Kirkham Way
at its in! " Ih Stowe Drive within the Light Industrial (LI) and Natural Open
Space (OS) land use designations of the South Poway Planned Community (PC) zone,
came before City Council for public hearing and action on January 23, 2001; 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 Iai Initial Study (ELS) and
Negative Declaration (ND) for Tentative Tract Map 00-01 and publ' ls received
on the ElS and ND. The subject ElS and ND documentation is fully incorporated herein
by this The City Council finds that the proposed conditions of approval
pertaining to open space and biological conservat' discussed in the
ElS will mitigate potentially significant impacts and hereby approves the ND.
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 l with and furthers the implementing
objectives of the PSHCP as the mitigation ' I with the proposed ND
pursuant to Section 1 above. The approved mitigation permanently preserves
and protects, within recorded biological conservation easement deeds, up to 25
acres of sage scrub (CSS) and rip 'lland habitat that lies
within the Poway HCP Beeler Canyon/Penasquitos Creek wildlife corridor and
mitigation area. A biological conserval' I will be recorded for the
onsite habitat acquisition.
The habitat is appropriately located in the PSHCP mitigation area to enhance the
long-term viability and function of the preserve system in that the onsite and
offsite mitigation habitat Ihin the Beeler Canyon/Penasquitos Creek
wildlife corridor and mitigation area.
Resolution No. P-0].-05
Page 2
The preserved habitat will be to the long-term benefit of the PSHCP covered
species and their habitats in that the land will provide p public biological
conservar I deeds that will protected open space, and the
undisturbed coastal sage scrub and rip Jland habitats within the
protected open space will benefit the threatened California Gnatcatcher as well
as oth `l species" and their habitats found in the PSHCP mitigation area
and adjacent habitat
Do
The preserved habitat will foster th implementation of the PSHCP in
an effective and efficient that th Iigar
contiguous and ' :1 to the Beeler Canyon/Penasquitos Creek wildlife
corridor and mitigation area permanent open space to the east and west. The
onsite preserved habitat will be set aside by the project proponent in accordance
with the PSHCP and the onsite habitat will :1 protect a significant
amount of biological open space in the mitigation area in perpetuity.
The preserved habitat will not result in a negative fiscal impact with regard to the
implementation of the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent public
biological l deeds.
Section 3: The findings, in accordance with the State Subdivision Map Act
(G l Code Section 66410 et. seq.) for Tentative Tract Map 00-01, are made as
follows:
The Map ' l with the General Plan in that it is the subdivision of
property designated for light industrial development along with natural open
space located within the South Poway Planned Community zone.
The site is physically suitable for the type of development in that the design of the
lots is in Ih the South Poway Specific Plan Development
Standards.
C=
The site is physically suitable for the density of the development approved in that
the site has been previously graded with an existing detention basin.
The design of the tract map is not likely t ~stantial Iai
damage and avoidable injury to h :1 wildlife or their habitat in that the
site has been graded and ' 'led by existing development, and a
biological conserval' I will be recorded over the preserved habitat.
The approved map is not likely t
City water, sewer, and drainage system imp
basin, presently serve the site.
public health problems in that
including a detention
Resolution No. P- 0:~-05
Page $
The design of the tentative parcel map will not conflict with any
acquired by the public at large, now of record, 1' ~rough or use of the
property within the subdivision.
Section 4: The findings, in accordance with G
public improvements, are made as follows:
Code Section 66020 for the
A=
The design and imp I the proposed development l with
all elements of the Poway General Plan as well as City ordinances because all
necessary :l facilities are in place or will be constructed to serve the
project as follows:
1. Onsite and offsite drainage imp
to handle the surface water runoff.
place or will be constructed
2. Fire hyd place and will
and provide fire protection.
' J to serve the development
3. Water and sewer fees will be paid. Onsite and offsite improvements will be
made to provid :1 to the development.
4. Access to the site will be provided in accordance with City standards and to
ensure adequate emergency access.
Section 5: The City Council hereby approves Tentative Tract Map 00-01 to subdivide
48.1 acres into five lots ranging in size from 2.6 acres to 5.4 g plus a 25.7
acre lot for open space and a detention basin on the south side of Kirkham Way at its
" :h Stowe Drive, within the Light Industrial (with outdoor storage by
Conditional Use Permit) and Natural Open Space (OS) land use designations of the
South Poway Planned Community (PC) zone, as shown on the tentative tract map
dated December 19, 2000, subject to the following conditions:
Within thirty (30) days after tentative tract 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.
Approval of this request shall not 31lance with any
Zoning Ord :1 all other applicable City ord'
building permit issuance.
~ the
effect at the time of
Within 30 days from City Council approval of this tentative map application, the
applicantJdeveloper shall apply for a Letter of Availability (LOA) !
availability for an additional 9.9 EDU's (in addition to the 35.9 EDU's reserved for
Lots 4, 5, 6 and 8 of TM 96-01) and make a payment to the City, :lable
reservation fee of $4,664.88, which is equal to 20% of the appropriate sewer
Resolution No. P-01-05
Page 4
fee in effect at the time the LOA is issued. Total sewer EDU's
required for TTM 00-01 are 45.8. Balance of the sewer fee, in th
$60,820.62* shall be paid prior to building permit issuance.
The 45.8 EDU
:1 as follows:
# of EDU = Net area in acres x 43,560 SF/Acres x .40 + 6,000 SF
Lot 1 = 2.64 Acres = 7.7 EDU
Lot 2 = 5.09 Acres = 14.8 EDU
Lot 3 -- 2.75 Acres = 8.0 EDU
Lot 4 = 2.75 Acres = 8.0 EDU
Lot 5 = 2.53 Acres = 7.3 EDU
Total =15.76Acres=45.8 EDU
Net additional EDU = 45.8 - 35.9= 9.9
The above EDU's are the ' ' location for each lot. Should the net
acreage of each lot' :t the building area to be built on each lot
exceeds 40% of the net area, the number of sewer EDU's and
fee shall be adjusted accordingly.
* Balance of sewer fee to be paid = (45.8 x $2,356) - 9.9 x $2,356 x 0.20 -
previous payment made with TM 96-01
= 107,904.80-4,664.88-42,419.30 = $60,820.62
This approval is based on the existing site conditions represented on the
approved tentative tract 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 tract map, prior to final map, must be
approved by the Director of Development S rt may require approval of
the City Council.
Prior to grading permit issuance, unless other timing is indicated, the applicant
shall:
Submit to the City 1' :1 approval precise grading plans,
control plan, stormwater pollution prevention plan, grading permit application
and geotechnical report/s to the Engineering Division of Development
Services Department.
Grading of the project shall be in substantial lh the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, City Storm Water Management and Discharge Control
Ord :1 the South Poway Specific Plan.
10.
11.
12.
13.
Resolution No. P-01-05
Page 5
Paving of the parking lot shall conform to the standards set forth in Section
12.20.080 of the Poway Municipal Code.
A drainage system capable of handling and disposing of all surface water
originating within the property and all surface water that may flow onto the
property from adjacent lands shall b -I.
All driveway approaches to the property shall be with alley-type curb returns.
The City Engineer may approve a deviation from this type of driveway
approach.
E Irol, including but not limited to desiltation basins, shall be
installed and maintained from October 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 prol: = all erosion control devices.
Th pollution prevention plan (SWPPP) shall be made a part of
the precise grading plans. The SWPPP shall provide th
sedimentation and pollution control to be used during construction.
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 applicant/developer shall pay the following fees and post or pay the
grading securities:
a. Grading permit, plan checking, inspection, right-of-way permit, 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.
City approval of soils report and grading plans.
The grading plan shall note the limits of the biological conservat'
the open space lot and the fire management zones.
Submittal of a request for and then subsequently hold a preconstruction
meeting with a City Engineering inspector. The applicant/developer shall be
responsible to ensure that necessary individuals, such as but not limited to,
contractors, subcontractors, project civil engineer and project soils engineer
must attend the preconstruction meeting.
All new and existing electrical/ :ion/CATV utilities within the
boundaries of the subdivision shall be installed underground prior to
Resolution No. P-01-05
Page 6
installation of
or parking lot.
)s, gutters, sidewalks and surfacing of the streets
The subdivider is responsible for complying with the req ', !this
condition, and shall make th ~j arrangements with each of the
serving utilities.
14.
The locations and sizes of all utility boxes and vaults within street rights-of-
way and the City's general utility easement shall be shown on the
improvement plans. Said utility box(es) shall be set back a ' ' : 15
feet from the curb and shall b :1 to the sa1 : the Director of
Development Services.
15.
Stake the limits of the manufactured slopes in order to protect the area of
non-disturbance on the south portion of the parcel. No grading or staging
area for grading machinery is allowed within the natural open space area
shown as the area on non-disturbance on the Preliminary Grading Plan.
Prior to building permit issuance for the first lot, unless other timing is indicated,
the applicant shall:
1. Completion of and approval by the City of rough grading of the project site.
2. City approval of soils compaction report.
City approval of a certification of line and grade. The certification shall be
prepared, preferably, by the project's civil engineer.
Submit a landscape plan for the required fire management zones for
review and approval by the Director of Development Services.
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
change without further notice. The amounts to be paid shall be those in
effect at time of payment.
Water base
For 1" meter
For 1-1/2" meter
Oth
(Resolution No. 91-123)
= $6,678.00 per meter
= $10,388.00 per meter
= Contact Engineering Division
W ' fee (Resolution No. 91-123)
For 1" meter= $ 270.00 per meter
For 1-1/2" meter = $ 600.00 per meter
Otb = Contact Engineering Division
Resolution No. P-01-05
Page 7
SDCV~ - To be paid by separate check, payable to San
Diego County Water Authority.
For 1" meter : $3,206.00 per meter
For 1-1/2" meter : $6,012.00 per meter
Oth = Contact Engineering Division
S fee = $60,820.62 (This is in addition to the 20%
payment 1' :sewer EDU's and is subject to change ff the
property's net acrea§ the building area to be built on each
lot exceeds 40% of the net area.)
Lot 1 -- 7.7 EDU = 10,225.30
Lot2= 14.8 EDU = 19,653.82
Lot 3 = 8.0 EDU = 10,623.69
Lot4 = 8.0 EDU = 10,623.69
Lot 5 = 7.3 EDU = 9,694.12
Total = 45.8 EDU = 60,820.62
S l fee = $50.00
S )ection fee = $25.00
Traffic mi = To be determined, depending on use of the
building and/or property ~ication
Dr : $29,464.98
Drainage fee = $222,240 x Net acreage + 118.87 Acres
Where: $222,240 is a fee established by Resolution No. P 89-116
Net acreage = 15.76 Acres
118.87 Acres is the net area of TM 89-08
Lot 1 = 2.64 Acres = 4,935.76
Lot 2 = 5.09 Acres = 9,516.30
Lot 3 = 2.75 Acres = 5,141.41
Lot 4 = 2.75 Acres = 5,141.41
Lot 5 = 2.53 Acres = 4,730.10
Total = 15.76 Acres =29,464.98
Park fee : $66,290.91 (The park fee shall be credited
toward th ~ the mini-park. If the cost of the mini-park is less
than the required park fee, the subdivider shall pay the balance due. If the
cost of the mini-park exceeds the required park fee, the subdivider shall
be responsible for those additional costs. The developer shall provide
Resolution No. P-01-05
Page 8
documentation of the cost of the mini-park for review by the City upon
completion of the mini-park. The payment of park fees, if any, shall be
deferred until completion of the mini-park).
Park fee = $500,000 x Net acreage + 118.87 Acres
Where: $500,000 is a fee established by Resolution No. P 89-116
Net acreage = 15.76 Acres
118.87 Acres is the net area of TM 89-08
Lot1= 2.64 Acres = 11,104.57
Lot 2 = 5.09 Acres= 21,409.94
Lot 3 = 2.75 Acres= 11,567.26
Lot 4 = 2.75 Acres= 11,567.26
Lot 5 = 2.53 Acres= 10,641.88
Total = 15.76 Acres= 66,290.91
Pro rata share 1' :S = $104,822.69
Pre rata share = ($168,275.00 + 25.3 Acres) x 15.76 Acres = $104,822.69
Where: $168,275.00 is a fee as established for Toppan's CUP 99-11 &
DR 99-13.
25.3 Acres is Toppan's property net area
15.76 Acres is the total net area of the property
Lot 1 = 2.74 Acres=
Lot 2 = 5.12 Acres=
Lot 3 = 2.82 Acres=
Lot 4 = 2.83 Acres=
Lot 5 = 2.53 Acres=
17,559.13
33,854.54
18,290.76
18,290.76
16,827.50
Total = 15.76 Acres = $104,822.69
street lights installation '
Kirkham Way.)
: $700.00 (This amount was not paid for two
:h Legacy's imp to
The lighting for future buildings and parking lots pursuant to Development
Review applications shall shield lights to limit glare toward Beeler Canyon
to the south.
Resolution No. P-0].-05
Page 9
Sh ;I and approved driveway locations on adjacent properties.
Access on new lots will be limited to F from approved
driveway locations.
Placement of fire hydrants shall be determined with the Development
Review applications for each lot or during preparation of the improvement
plans for this tentative map as determined by the Director of Safety
Services.
The applicant shall comply with the following conditions prior to occupancy of a
future building unless other timing is indicated:
1. Existing and proposed utilities within each lot shall be installed underground
along with utility appurtenances. Th ~ ~all be shown
on the site plan.
2. Locations of future utility boxes, cabinets, or st
d :1 and may be required to I~
Director of Development Services.
3all be shown fully
:1 to the satisfaction of the
3. Prior to the occupancy of the first building on Lot 1, 2, 3, 4, or 5, the mini-park
improvements shall be constructed.
Prior to final map approval, unless other timing is indicated, the applicant shall:
The subdivider shall submit a final map to the Development Services
Department f :t approval prior to its recordation in the office of
the Recorder of San Diego County.
The final map shall be prepared in lh City standards and
procedures, City subdivision ordinance, Subdivision Map Act, Land
Surveyors Act, the Resolution of Approval as approved by the City
Council, and shall be in substantial :h the approved
tentative map.
The subdivider shall dedicate to the City an additional 5.00-foot wide
general utility easement (GUE) contiguous with and southerly of the
existing 10.00-foot wide GUE along the project's frontage on Kirkham
Way. The dedication shall be made on the final map.
The subdivider shall dedicate to the City, in fee title, Lot A for open space
purposes. The dedication shall be made on the final map.
All easements, including those that are required by other City departments
to be dedicated to the City as a condition of this tentative map approval,
shall be made on the final map.
10.
11.
12.
Resolution No. P- 01-05
Page 10
Full payment of map checking fee. Initial payment is required at first
submittal of final map to the City f
Within 30 days after final map recordation, the subdivider shall provide the
City with a photomylar copy of the recorded final map.
A copy of the C Conditions and Restrictions (CC&R's) and/or
Articles of Incorporation of the Property Owners Association shall be
subject to the review for compliance with conditions herein, to the
sal : the City Attorney and Director of Development Services,
and shall be filed with the Secretary of State, the County Recorder and the
City Clerk at the time of final map consideration.
A .=qreement shall be prepared for th I all
landscape, hardscape, slop :t fire protection systems including,
but not limited to, post ind swing check valve, fire department
and water lines leading to each building's fire sprinkler riser.
Said agreement shall be in a 1' 'y to the City Attorney and
submitted to the City 1' :t approval. Said agreement shall be a
stand-alone agreement or incorporated in the development's Covenants,
Conditions and R : (CC&R's). The agreement or the
CC&R's shall be recorded in the office of the San Diego County Recorder
prior to parcel map approval. Approp fee shall be paid at time
of submittal.
The property has been annexed into Landscape M ' : District
(LMD) 87-1 and Lighting Districts A and C. No landscape and
improvement plans for LMD maint .=3 Scripps Poway
Parkway are required, but street lighting shall be to City specifications and
shall be submitted to the Director of Public Works 1' ~1 approval.
The final map shall show drainaG
-I easement (within a 30-foot wid
basin.
ls for pipes, and drainage
I) to the detention
The final map shall either dedicate to the City in fee title, or, shall dedicate
as a public open sp I, a public mini-park on the western
portion of Lot 2 of TTM00-01. The mini-park shall be approximately one
half acre in size and shall '~ ~ional amenities such as a
half basketball court and picnic tables and shade trees to the satisfaction
of the Director. Prior to final map approval, the subdivider shall submit
landscape and improvement plans for the mini-park, enter into an
agreement and provide securities I :ruction of the mini-park
prior to occupancy of the first building on Lot 1,2, 3, 4, or 5 of TTM00-01.
The mini-park shall be maintained by the property owner, a property
maint I' :1 into Landscape Maintenance District
(LMD) 87-1.
Resolution No. P-01-05
Page 11
12.
Extend th :1 about 100 feet to the detention basin.
Maintain the rock road surface for the first 165 feet south from Kirkham
Way. Install 20-foot double gate and fencing around the detention basin
to the sat ! the Director of Public Works.
13.
Install non-irrigated hydroseed mix with fire retardant plants on the slopes
to the south and west of Lots 1 and 2 near the detention basin.
14.
Dedicate the undisturbed open space to the City and record a biological
conserval' l over the dedicated land prior ! ~ grading
building permit' ~ich first. The final
map shall show the area to be dedicated.
15.
The manufactured slopes are to be dedicated as an open si;
and maintained by the property property
association prior I I grading securities or building permit
~ich first. The final map shall show the dedicated
area.
Section 6: The approval of the tentative tract map expires on February 6, 2003, at
5:00 p.m. The final map ;I to this conditionally approved tentative map shall
be filed with the City so that the City may approve the tentative tract map before this
approval expires, unless at least 90 days prior to the expiration of the tentative tract
map a request for a time extension is submitted to the Development Services
Department and a 1' 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, reservations,
imposed pursuant to this approval shall begin on February 6, 2001.
Resolution No. P- 01-05
Page 12
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a reg 3 this 6th day of February 2001.
ATTEST:
ay Gold or
nne Peoples, City Olerk
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-01-05 was duly adopted by the
City Council at a meeting of said City Council held on the 6th day of February 2001 and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
~,nne Peoples, City
of Poway
lerk