Res P-01-40RESOLUTION NO. P- 01-40
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION
AND TENTATIVE PARCEL MAP TPM 99-01
ASSESSOR'S PARCEL NUMBER 320-020-18
WHEREAS, A request for a Tentative Parcel Map 99-01 to subdivide a 2.4-acre
property into four (4) residential I ;mitted by George and Helen Wu; and
WHEREAS, the subject property is located at 11612 Creek Road, within the
South Poway Planned Community zone and the Creek Road Enclave Specific Plan 88-
0lB area; and
ah
WHEREAS, on August 14, 2001, 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 Iai Initial Study (ELS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for Tentative Parcel Map 99-01. The subject ElS
and MND documentation are fully incorporated herein by this : The City
Council finds, on the basis of the whole record before it, that there is no substantial
evidence the project will have a significant impact on the l, that the
mitigation contained in the ElS and Exhibit A hereof will mitigate potentially
significant impacts to a less than significant level, and that the MND reflects the
independent judgment and analysis of the City. The City Council hereby approves the
MND and the associated Mitigation Monitoring Program attached to this Resolution as
Exhibit A.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a
biological report by Vincent Scheidt, dated August 13, 1999, was submitted for the
property. Project grading will impact approximately 0.88-acres of chaparral habitat
located on property outside of the Mitigation Areas of the Poway HCP. In accordance
with the Poway HCP, the required findings for approval of the proposed mitigation for
the removal of chaparral habitat for Tentative Parcel Map 99-01 are as follows:
The proposed project is outside of the Mitigation Area of the Poway HCP. The
mitigation is consistent with and furthers the implementing objectives of the
Poway HCP in that the applicant will mitigate impacts to 0.88-acres of chaparral
habitat at a 1:1 ratio. A mitigation replacement ratio of 1:1 rather than 2:1 is
required since no sensitive species were found on the property. Said mitigation
will be through the acquisition of suitable chaparral habitat and the recordation of
an off-site biological conservation easement deed preserving comparable
Resolution No. P- 01-40
Page 2
undisturbed and unencumbered habitat of equal or greater value
located within the HCP Mitigation Area, and/or by the payment of in-lieu fees.
Preservation of such habitat within the Mitigation Area and/or payment of in-lieu
fees will contribute toward the building of the ultimate total Mitigation Area
preserve system of the HCP. Therefore, such habitat preservation and/or
payment of in-lieu fees will serve to enhance the long-term viability and function
of the preserve system.
The habitat preserved through off-site dedication or purchased by mitigation in-
lieu fees paid will be to the long-term benefit of the PSHCP covered species and
their habitats in that the recordation of a Biological Conservation Easement deed
over undisturbed and unencumbered habitat (See "A" above) and or the payment
of in-lieu fees, will promote a meaningful addition to the assembly of a viable
regional system of uninterrupted natural habitat habitat linkages,
buffers, and wildlife corridor.
The preserved habitat will foster th :al implementation of the PSHCP in
an effective and efficient that the preservation of off-site conservation
area(s) will be within an identified Mitigation Area within the City, and/or the
payment of in-lieu fees will contribute likewise towards, assembling the total
Mitigation Area preserve system.
The preserved habitat will not result in a negative fiscal impact with regard to the
successful 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 conservation easement deed fees will be paid.
Section 3:
(G
as follows:
The findings, in accordance with the State Subdivision Map Act
Code Section 66410 et. seq.) for Tentative Parcel Map 99-01, are made
The Tentative Parcel Map is consistent with the General Plan, the South Poway
Specific Plan and the Creek Road Enclave Specific Plan 88-01B in that it
proposes to create four residential parcels at densities consistent with the
General Plan and Specific Plan designations.
The design and improvements required of the Tentative Parcel Map are
consistent with all applicable general and specific plans; in that the approved
parcel sizes and configurations adhere to the development standards for the
Creek Road Enclave Specific Plan 88-01B.
The site is physically suitable for the type of development and the density
proposed; in that the site is large enough to provide four parcels, each relatively
regular in shape and with d' which are in keeping with the Creek Road
Enclave Specific Plan 88-01B development standards.
Resolution No. P-0:1-40
Page 3
The design of the Tentative Parcel Map is not likely to cause substantial
damage and injury to humans and wildlife or their
habitat in that while a portion (0.88 acres) of the site is covered with a remnant of
chaparral habitat, the property is not within the identified Mitigation Area of the
HCP because of the site being surrounded by development. The project is
required to mitigate impacted habitat at a 1:1 repl
The Tentative Parcel Map is not likely I public health problems as
City water service is available to the property and conditions of approval for the
project require certification that the applicant reserve sewer capacity and make
payment of fees t 'lequate service to the new homes.
The design of the Tentative Parcel Map will not conflict with any easement by the
public at large, now of record, 1' through or use of the property within the
proposed subdivision.
Section 4: The findings in accordance with G
public improvements are made as follows:
Code Section 66020 for the
The design and improvements of the proposed development are consistent 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. The
of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
1. Roadway imp ~
impacts.
will be constructed to offset the project traffic
2. Onsite drainage improvements will be constructed to handle the surface
A fire hydrant will be
fire protection.
-I to serve the development and provide
4. Water and sewer fees will be paid. Onsite and offsite imp will
be made to provid :1 to the development.
Access to the site will be provided in accordance with City standards and
:lequate emergency access.
Section 5: The City Council hereby approves Tentative Parcel Map 99-01, to allow the
subdivision of 2.4 acres of land into four residential lots located at 11612 Creek Road in
the South Poway Planned Community zone and the Creek Road Specific Plan Enclave
88-01B area, as shown on the Tentative Parcel Map dated May 29, 2001, subject to the
following conditions:
Resolution No. P- 01-40
Page 4
This approval is : the design of the proposed single-family homes.
Separate approval of the home design and footprints shall be applied for through
the Development Review/Minor Development Review process prior to issuance
of building permits.
Approval of this request shall not waive compliance with any sections of the
Zoning Ordinance and all other applicable City ordinances in effect at the time of
building permit issuance.
This approval is based on the existing site conditions represented on the
approved Tentative Pamel 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
approval, must be approved by the Director of Development Services and may
require approval of the City Council.
Within thirty (30) days of this approval the applicant shall:
1. Submit in writing that all conditions of approval have been read and
understood, and
2. Apply for a Letter of Availability (LOA) to reserve sewer availability and
make a payment to the City, a nonrefundable reservation fee which is
equal to 20% of the appropriate sewer fee in effect at the time
the LOA is issued.
Prior to Parcel Map approval, unless other timing ~s indicated, the following
conditions shall be complied with.
The subdivider shall submit a Parcel Map to the Development Services
Department for review and approval prior to its recordation in the office of
the Recorder of San Diego County. The Parcel Map shall be prepared in
with 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 parcel map.
E and/or right-of-way dedications to the City within the limits of
the subdivision shall be made on the Parcel Map. Water and
and their appurtenances to be installed at locations other than within
public streets, shall have an easement, a ' ' : 20.00 feet wide.
Full payment of map checking fee. Initial payment is required at first
submittal of final map to the City t'
4. Off-site easements to be dedicated by separate instrument shall be
recorded.
Resolution No. P- 01-40
Page 5
A tation bond in an
be posted.
3table to the City Engineer shall
A deed restriction shall be recorded on Parcel 2 restricting access from
the proposed driveway easement located along the northerly limits of
Parcel 2.
All new and existing electrical/ :ion/CATV utilities within the
boundaries of the subdivision to be installed underground. The
undergrounding will also require the removal and undergrounding of off-
site, overhead utility facilities located on properties north and south of the
subject site. The developer shall coordinate the undergrounding project
with adjacent property owners to the satisfaction of the Director of
Development Services.
The property shall be annexed into Landscape Maintenance District 87-1
to the satisfaction of the Director of Public Works.
Future Development on Parcel 4 shall have a split-level foundation design.
A note shall be made on the Parcel Map and a deed restriction shall be
recorded on Pamel 4 advising to the requirement of the split-level
foundation.
Prior to Parcel Map approval issuance of an administrative clearing permit or a
grading permit, which first, the applicant shall:
Provide an updated Quino Checkerspot Butterfly survey to the Planning
Division 1' :1 approval by the U.S. Fish and Wildlife Service.
Provide mitigation to the satisfaction of the Director of Development
Services consistent with the Poway Habitat Conservation Plan and
mitigate impacts to 0.88 acres of chaparral habitat at a 1:1 ratio. Said
mitigation shall be through the dedication of an off-site biological
conservation easement preserving comparable undisturbed and
unencumbered habitat, and/or by the payment of in lieu fees.
The subdivision design will impact current driveway
water service to the existing residence on Parcel 3.
imp ~all be completed:
:1 sewer and
The following
New driveway access shall be provided to Parcel 3 to the satisfaction
of the Director of Development Services over the access and utility
easement located along the northerly limits of Parcel 2.
Sewer and water service lines to the residence shall be relocated and
installed within the access and utility easement along the northerly
limits of Parcel 2.
Resolution No. P- 01-40
Page 6
A minimum two-car garage that is accessible from the access easement
along the northerly limits of Parcel 2 shall be . :l to the
sal : the Director of Development Services.
Prior to grading permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
A grading plan is required for development of the lots, and shall be prepared
on mylar at a scale of 1"=20', and submitted to the Development Services
Department - Engineering Division for review and approval. As a ' '
the grading plan shall show the following:
a=
All new slopes with a 2:1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum five-foot
setback from open space areas and property lines. Buildings shall be
located at least five feet from tops and toes of slopes, unless waived
by the Director of Development Services prior to ' ~ a grading
permit.
Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
C=
A separate erosion control plan for prevention of sediment run-off
during
A certificate signed by a registered civil engineer that the grading plan
has preserved a minimum of 100 square feet of solar access for each
dwelling unit and for each future building site within the subdivision.
All utilities (proposed and existing), together with their appurtenances
and associated easements. Encroachments are not permitted upon
any easement without an approved encroachment agreement/permit.
Locations of all utility boxes, cleady identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work. All proposed utility facilities more than 36" inches in
height and located within or immediately adjacent to the public right-of-
way are required to be sited 1 ' ' 3ility and screened through
the installation of landscaping.
Pad elevations shown on the grading plan shall not change by more
than two feet from the shown on the approved tentative
parcel map, unless otherwise approved by the City Council, except that
the pad elevation for Lot 4 may change more than 2 feet to
:late a split level design, provided the height of the pad does
=
Resolution No. P- 01-40
Page 7
not increase more than 2 feet from what is shown on the tentative
parcel map.
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. Friars Formation has been mapped in the general area. Soils
testing shall insure that development is clear of any unstable soils.
A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the subdivision and all
surface water flowing onto the subdivision from adjacent lands. Said system
shall include all easements required to propedy handle the drainage.
Concentrated fl driveways are not permitted.
The grading plan shall include provision of a six-foot wide clear shoulder
area along the subdivision frontage, composed of a 6" thick section of
disintegrated granite. A minimum 5-foot wide rural pathway shall also be
provided within the Creek Road right-of-way in the approximate location
shown on the tentative parcel map on file in the Planning Division office,
dated May 29, 2001, to the satisfaction of the Director of Development
Services.
The applicant shall prepare a Storm Water Pollution Prevention Plan
(SWPPP) that effectively addresses the elimination of runoff into
the storm drain system. The SWPPP shall include, but not be limited to, an
effective method of hillside erosion and sediment control, a material storage
site, to protect construction material from being exposed to storm
runoff, protection of all storm drain inlets, on-site concrete truck wash and
waste control, and otb ~ Best Management Practices to effectively
eliminate pollutants from entering the storm drain system. The applicant
shall certify the SWPPP prior to approval of the grading and improvement
plans. The SWPPP may be incorporated with the erosion control plan, but
shall be under separate cover from the grading and improvement plans.
Grading on each lot shall comply with the Hillside Development strategies of
the Poway General Plan.
The applicant shall pay all applicable engineering, plan checking, map
checking, permit, and inspection fees. The driveway construction cost shall
be included in the cost for plan checking and determination of
inspection fees.
Grading securities in the form of a performance bond and cash deposit, or a
letter of credit shall be posted with the City.
9. The design of the pad for Lot 4 shall have a split-level design.
Resolution No. P- 01-40
Page 8
10. A master tree inventory shall be prepared on the property by a qualified
arborist or biologist. The species and diameter of the trunk shall be
indicated. The inventory shall be submitted to the Planning Division and the
inventory shall be used to identify any sensitive or mature tree(s) that will
need to be preserved.
H. Prior to building permit issuance the applicant shall comply with the following:
1. The final Parcel Map shall be approved and recorded.
The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. Grading of lots shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the approved
soils report, and grading p ~table to the City.
Development review or minor development review shall be completed for
each new house design, including but not limited to; site plans, building
elevations, incorporating all conditions of approval through the Planning
Division.
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout construction of the
project.
Non-supervised or non-engineered fill is not allowed. Rock disposal areas
shall be graded in compliance with City approved soils 'lations
and the approved grading plans.
Prior to rock blasting, a pre-blast survey of the surrounding properties shall
be conducted to the of the Director of Development Services,
and a blasting permit shall be obtained from the Engineering Division.
Seismic recordings shall be taken for all blasting. Blasting shall occur only
at locations and levels approved by the Director of Development Services.
Prior to start of any work within City-held easements or right-of-way, a Right-
of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
8. 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. A certification of line and grade for each lot, prepared by the engineer of
work.
Resolution No. P-0]_-40
Page 9
b. A final soil compaction report for each lot f
City.
:1 approval by the
Parcel 3 and Parcel 4 shall have their own water line and sewer lateral
contained within the shared driveway to serve each respective parcel.
These lines shall be privately :1.
10. Prior to delivery of combustible building onsite water and sewer
systems shall satisfactorily pass all required tests.
11. The following development fees shall be paid for each residential site.
These f ~ly in effect and are subject to change without notice:
WaterMeterSize Cost **SDCWA Fee Service Line
%inch $130 $3,710 $2,004 $1,430
'1 inch $270 $6,678 $3,206 $1,430
* If a 1" meter
and SDCWA
** Applicable to
is required only for fire safety, 3,/2' meter fees for expansion
will be applicable
d ly
Sewer: C " Cleanout box
$2,356 $50 $25 $5,600
Traffic Mitigation =
Traffic Mitigation =
Park =
Drainage =
660/Iot for lots less than 0.5 acre
990/Iot for lots greater than 0.5 acre
2,720/Iot
1,200/lot
12.
Dead end access roadways ' ~ 150 feet long shall be provided with
approved previsions for the turning around of Fire Department apparatus.
Curves and topographical conditions could alter the req for
turnarounds and the width of .vs.
13. The applicant shall comply with the City of Poway Guide to Landscape
Maint it relates to fuel management zones.
14. Single-family residential units may be required to have fire sprinkler
protection systems.
15. Fire hydrant or fire hydrants may be required. Location of fire hydrant(s) to
be determined by the Fire Department.
16.
An acoustical analysis shall be completed by a recognized acoustical
engineer to insure that development complies with the City's noise standard
for residential uses (60 decibels CNEL) for exterior noise level and (45
decibels CNEL) level.
Resolution No. P- 01-40
Page 10
I. Prior to '
certificate of occupancy the following shall be complied with:
An adequate drainage sy ' -I each building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
Record drawings for grading plans, signed by the engineer of work, shall be
submitted to Development Services 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 t I occupancy and release of grading securities.
Section 6: The approval of Tentative Parcel Map 99-01 expires on August 14, 2003,
at 5:00 p.m. The Parcel Map ~ 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 at least 90 days prior to the expiration of the Tentative Parcel
Map a request for a time extension is submitted to the Development Services
Department and a time extension is granted by the City Council.
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 August 14, 2001.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a reg ~' ;3 this 14th day of August 2001.
yor
ATTEST:
~ ~on A~r~e~Peoples, C~ity~e rk
Resolution No. P- 01-40
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
penalty of perjury, that the foregoing Resolution No. P duly adopted by the
City Council at a meeting of said City Council held on the 14th day of August 2001 and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: REXFORD
ABSENT: NONE
nne Peoples, City Clerk
City of Poway
Resolution No. P- 01-40
Page 12
EXHIBIT A
FOR TPM 99-01
Section 21081.6 of the Public Resources 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
I. 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 J. Non-compliance
situations, 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.
R
gy I ga' ipacted ,~pp
chaparral habitat p 3e Poway Map approval o
HCP at a 1:1 ratio and by means of :an
approp ' :l/or fee
payment. ~dated Quino Clearing or
Survey. Grading Permit,
whichever
< gy
and Soils
the appl
engineer to complete additional soils testing
' development is
ymen' tic Mitigation Fees.
2. Completion of street imp
Creek Road frontage or posting of
Ad
Clearing or
Grading Permit
~g
Permit
Issuance.
2. Prior to Parcel
Map approval
App
App
and
ys~s on the lots to
31iance with City limits for
(60 decibels CNEL)
(45 decibels CNEL
building permit.
App