Res P-01-41RESOLUTION NO. P- 01-41
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ADOPTING A MITIGATED NEGATIVE DECLARATION
AND APPROVING, TENTATIVE TRACT MAP TTM 01-01
ASSESSOR'S PARCEL NUMBER: 317-501-09 and 317-501-10
WHEREAS, A request for a Tentative Tract Map 01-01 to subdivide a 3.35-acre
property into 13 single-family residential lots (4,675 to 9,525 square feet in size) and
one approximately 2-acre open space lot was submitted by Ken French; and
WHEREAS, the subject property is located at 12711 Oak Knoll Road (at Carriage
Road), within the Residential Single-Family 7 zone; and
a~
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 Initial Study (ELS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for Tentative Tract Map 01-01 and public
comments received on the ElS and MND. 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 th :, that the mitigation lained 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 Merkel and A dated May 3, 2000, was submitted for the
property. Project grading will impact Non-native Grassland. Evidence of San Diego
Sagewort and Red-shouldered Hawk, both covered species under the Poway HCP
Implementing Agreement, was found. In accordance with the Poway HCP, the required
findings for approval of the proposed mitigation for the removal of habitat for Tentative
Tract Map 01-01 are as follows:
The proposed project is outside 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 1.53 acres of disturbed
non-native grassland at a 2:1 ratio (3.06 acres mitigation). Said mitigation will be
through the acquisition of suitable grassland or Coastal Sage Scrub habitat and
Resolution No, P -01-41
Page 2
the recordation of an off-site biological conservation easement deed preserving
comparable undisturbed and unencumbered habitat of equal or greater
conservation value located within the HCP Mitigation Area, and/or by the
payment of in-lieu fees.
The preservation of such habitat within the Mitigation Area and/or the 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 mitigation will be to the long-term benefit of the covered species and their
habitats in that the recordation of a Biological Conservation Easement deed over
undisturbed and unencumbered of habitat (see '^' above) and/or the payment of
in-lieu fees, will promote a meaningful addition to the assembly of a viable
regional system of ~ ~1 natural habitat habitat linkages,
buffers and wildlife corridors.
The mitigation will foster the incremental implementation of the Poway HCP in an
effective and efficient manner in that the p of off-site
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 mitigation will not result in a negative fiscal impact with regard to the
' I implementation of the Poway HCP because no City funding will be
required for the mitigation efforts.
Section
(~
follows:
3: The findings, in accordance with the State Subdivision Map Act
t Code Section 66410 et. seq.) for Tentative Tract Map 01-01, are made as
The Tentative Tract Map ' l with the General Plan in that it proposes to
create thirteen residential parcels and one open space parcel from two lots
designated for residential use at densities consistent with the General Plan
designation.
The design and improvements required of the Tentative Tract Map
with all applicable general and specific plans; in that the approved parcel sizes
and configurations adhere to the development standards for the Residential
Single-Family 7 zone.
The site is physically suitable for the type of development and the density
proposed; in that the site is large enough to provide thirteen parcels, each
relatively regular in shape and with d which are in keeping with the
Residential Single-Family 7 development standards.
Resolution No. P -0].-4].
Page 3
The design of the Tentative Tract Map is not likely to cause substantial
damage and avoidable injury to humans and wildlife or their
habitat in that the development site has been disturbed and is generally
surrounded by existing development, and a biological I
be recorded over off-site mitigation habitat or an in-lieu mitigation fee will be paid.
The Tentative Tract Map is not likely to cause serious 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 I :leq to the new homes.
The design of the Tentative Tract 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 imp 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
construction of public imp is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
On-site and off-site roadway imp
the project traffic impacts.
will be constructed to offset
2. On-site and off-site drainage improvements will be :1 to handle
the surface water runoff.
Fire hydrants will be
fire protection.
:1 to serve the development and provide
Water and sewer fees will be paid. On-site and off-site improvements will
be made to provide water and to the development.
Access to the site will be provided in accordance with City standards and
'lequate emergency access.
The proposed open space lot 'A' will be dedicated to the City of Poway for
the long-term p :th '3arian habitat and open space.
Section 5: The City Council hereby approves Tentative Tract Map 01-01, to allow the
subdivision of approximately 3.35 acres of land into 13 residential lots and one
approximately 2-acre open space lot at 12711 Oak Knoll Road (at Carriage Road) in the
Resolution No. P-O1-41
Page 4
Residential Single-Family 7 zone as shown on the Tentative Tract Map dated July 25,
2001, subject to the following conditions:
This approval does is not inclusive of the design of the proposed single-family
homes. Separate approval of the home design and footprints shall be applied for
through the Development Review process prior t : 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 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 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 for 13 Equivalent
Dwelling Units (EDU's) and make a payment to the City, a nonrefundable
reservation fee of $6,125.60, which is equal to 20% of the appropriate sewer
fee in effect at the time the LOA is issued. Balance of the sewer fee,
in the amount of $24,502.40 shall be paid prior to building permit issuance.
Prior to final map approval, unless other timing is indicated, the following
conditions shall be complied with.
The subdivider shall submit a final 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 final 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
conf lh the approved tentative final map.
The subdivider shall dedicate to the City, in fee title, Lot "A" for open
space purposes and/or for any purpose the City deems appropriate.
=
E for public water lines, public sewer lines, drainage, and
access, if imp to be located within the subdivision other than
the streets, shall be dedicated to the City through the final map. Each
easement shall I: ' ' : 20.00 feet wide.
=
Resolution No. P-01-41
Page 5
Full payment of map checking fee. Initial payment is required at first
submittal of final map to the City 1'
Payment of streetlight energizing fee of $350.00 per streetlight. The
number of streetlights shall be determined with the approval of
improvement plans for the construction of public imp required
for this subdivision.
Completion of a Letter of Map Revision (LOMR) to the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) and
Flood Insurance Study (FIS) report.
The floodway/floodplain limits shall be shown on the final map.
The development of this subdivision, as is presented for 13 lots, is
contingent upon, amongst other things, completion of the LOMR.
Therefore, rough grading of the building pads shall be completed prior to
final map approval. Prior to the start of grading, a grading permit shall be
obtained from the City. Reference is hereby made to the conditions for
grading permit issuance, hereinafter mentioned, for particulars.
The subdivider shall submit to the City for review and approval the
improvement plans for the following public imp
a=
Widening imp of Oak Knoll Road and Carriage Road along
the subdivision's frontage. Imp shall include, but are not
limited to, roadway paving to attain the roadway width as stated below,
of concrete curb, gutter, sidewalk, street lights, street
signage, lane markings, installation of fire hydrants, installation of
water and lines to each lot, and : handicap
ramps at the southwest and southeast corner of Oak Knoll Road and
Carriage Road
b=
Oak Knoll Road shall be improved to a Local Collector Urban Road
Standards per Sections 12.20.070 and 12.20.080 of the Poway
Municipal Code. Roadway width shall be 40.00 feet (curb to curb)
within a minimum right-of-way width of 60.00 feet. Limits of
imp shall be within the southerly half of the street along the
subdivision's frontage together with necessary transition improvements
to the existing street.
Carriage Road shall be improved to a Local Collector Urban Road
Standards per Sections 12.20.070 and 12.20.080 of the Poway
Municipal Code. Roadway width shall be 40.00 feet (curb to curb)
within a right-of-way width of 60.00 feet. Limits of imp shall
Resolution No. P-01-41
Page 6
be within the westerly half of the street along the subdivision's frontage
together with necessary transition improvements to the existing street.
The existing storm drain pipe from Oak Knoll Road shall be replaced
with an 18 inch RCP. The inlet box shall also be replaced by a box
· .3 to regional standards.
15-foot wide access improvements along the southerly boundary of Lot
13, and along the westerly boundary of the subdivision, for City's
access f :l/or cleanup of the existing storm drain, and
the Poway Creek channel. They shall be provided and improved to the
sal ~ !the Director of Public Works.
For any access to be located within Lot 13, an access easement shall
be dedicated to the City through the final map process. For any
access to be . -1 within Lot "^," which is to be deeded in fee to
the City, lis not required.
Drainage improvement along the east side of Lot 12 shall be designed
to a 100-~ and to the standards and specifications of the City
of Poway. The drainage improvement includes all appurtenant
drainage structures, including but not limited to the replacement of the
existing drainage pipelines from the north side of Oak Knoll Road,
southerly to Poway Creek, and the replacement of the drainage inlet in
Oak Knoll Road. An easement, a ' ' 120.00 feet wide shall be
dedicated to the City through the final map process.
Fire hydrants installed as depicted on the Tentative Tract Map, to the
sal ~ ! the Director of Safety Services.
Existing public utility lines and appurtenances shall be shown on the
improvement plans. Location of future utility boxes, cabinets or
structures shall also be shown fully d' -1 and are subject to
screening requirements to the satisfaction of the Director of
Development Services. The subdivider is responsible for complying
with the req of this condition, and shall make the necessary
arran§ lh each of the serving utilities.
The improvement plans shall provide for all new and existing
electricalJ' lion/CATV utilities within the boundaries of the
subdivision to be installed underground prior to installation of concrete
curbs, gutters, and sidewalks and surfacing of the streets or parking
lot.
10. Payment of improvement plan checking, inspection, and administrative
fees.
Resolution No. P-01-41
Page 7
11.
Execution of an Agreement for C of Public Imp
posting of performance, payment, and Iation securities, and
submittal of certificates of liability and worker's compensation '
naming the City of Poway as additional insured.
Construction of public improvements shall be completed within 2 years
from final map approval or prior to issuance of the first building permit
which first.
12.
A photomylar copy of the recorded final map shall be provided to the City
within 30 days from recordation or prior to issuance of a grading permit,
which first.
13.
A deed shall be prepared and recorded stipulating that the
required six-foot high wall/fence along the southern boundary of the tract
(see condition F.5.) place and is never breached by gates. The
deed shall also include language restricting outdoor lighting
from spilling onto the riparian area. The form and content of this
shall be to the of the Director of Development
S :1 the City Attorney.
Prior to final map approval or grading permit issuance, which
applicant shall:
first, the
Obtain any necessary permits from California Department of Fish and
Game, pursuant to Fish and Game Code Sec. 1603, for the installation of
the required easterly -I to the creek.
Provide mitigation to the satisfaction of the Director of Development
Services consistent with the Poway Habitat Conservation Plan and
mitigate impacts to 1.53 acres of Non-native Grassland at a 2:1 ratio (total
mitigation 3.06 acres). 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.
Provide the following mitigation for indirect impacts to those portions the
Southern Willow Shrub habitat lying within 50-feet of the development
through the creation of on-site Riparian Woodland habitat in the westedy
area of the open space lot:
Submit a landscape and temporary irrigation plan for the area for
review and approval by the Director of Development Services.
The specific plantings shall be as proposed in the project biology
report, or its equivalent as determined by the Director of
Development Services. However, the quantities of materials shall
Resolution No. P -01-41
Page 8
be adjusted accordingly to what is now a larger (10,919-square-
foot) mitigation area than originally proposed in the biology report.
b. Install the landscaping p
-lition F.3.a. (above).
C4
Prepare a three-~ ' ~ and maintenance program for the
landscaping pursuant to condition F.3.a (above) for review and
approval. A bond shall be submitted to the City to cover the costs
of irrigation, monitoring, and during the monitoring
period.
The applicant shall submit a landscape plan for the installation of street
trees along the project frontages of Oak Knoll Road and Carriage Road,
for review and approval by the Director of Development Services. The
plans shall be per the Poway Guide to Landscape Req The
trees are to be installed, or a bond for the costs of their installation
submitted to the City.
The applicant shall install a six-foot high wall/fence along the southern
boundary of the buildable lots. The wall/fence shall consist of decorative
concrete block behind lots 7 to 13. The remainder of the wall/fence may
be decorative concrete block, wrought iron, chain link, or wood. Any
outdoor lighting installed by the developer in the rear yards shall be
shielded and directed down such that it does not spill across the rear
property line.
Prior to grading permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
The applicant shall submit to the City for review and approval precise
grading plans, an erosion control plan, pollution prevention
plan, grading permit application and geotechnical reportJs to the
Engineering Division of Development Services Department.
Grading of the project shall be in substantial conformance with the
approved development plan and in accordance with the Uniform Building
Code, City Grading Ordinance, City Storm Water Management and
Discharge Control Ordinance and the Drainage and W
Ordinance.
The pad elevation on each lot shall be at least one-foot above the 100-
year base flood elevation to be calculated by the developer's engineer
based on the discharge of Poway Creek as utilized in the City's Drainage
Master Plan or the FEMA's approved 100-year base flood elevation
resulting from the aforementioned LOMR, whichever is higher.
11.
Resolution No. P-01-41
Page 9
A drainage system capable of handling and disposing of all surface water
originating within the property and all surf that may flow onto the
property from adjacent lands shall I: -1.
Erosion control, including but not limited to desiltation basins, shall be
installed and :1 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 prop : all erosion control devices.
The Storm Water Pollution Prevention Plan (SWPPP) shall be made a part
of the precise grading plans. The SWPPP shall provide the erosion,
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:
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.
The applicant shall obtain City approval of soils report and grading plans.
The applicant shall submit a request for and then subsequently attend 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 p
meeting.
The pad elevations of the grading plan shall not increase by more than
two feet in height from the elevations shown on the approved tentative
map unless approved by the City Council or necessary for flood
protection.
12. The applicant shall depict on the grading plan the access roads required
under Condition E.9.e. of this Resolution.
Resolution No. P -01-41
Page 10
13.
Enter into a contract with a qualified archeologist to perform monitoring of
the site during grading or excavation. Furnish a copy of the contract to,
and obtain the approval of, the Planning Division. The contract shall
provide the archeologist with the authority to halt construction in the event
that any threats to cultural are discovered. Should such a
threat present itself, the work must be halted until the condition can be
reported to the City and evaluated pursuant to City and State of California
rules. In the event of any significant archeological impacts, mitigation
shall be provided pursuant to City and State requirements.
14.
The grading plan shall depict that orange fencing will be
installed along the boundaries of all of ~grading areas adjacent
to the Southern Willow Scrub habitat and other areas which are beyond
the limits of direct disturbance to preclude intrusion. Construction crews
shall be made fully aware of the boundaries. Said fencing shall remain in
place until all activil' pleted.
15.
No less than 48 hours prior to any clearing or grading, the applicant shall
install the above fencing. A qualified biologist shall be
present during installation to ensure that the fencing ob :ruction
boundaries.
16.
The grading plan shall depict silt fencing installed along the boundaries of
all of construction/grading areas the adjacent to the Southern Willow
Scrub and retained non-native grassland to preclude debris entering into
the riparian area.
17.
The grading plan shall depict the six-foot high wall/fence required under
condition F.5. of this Resolution.
Prior to building permit issuance for the first lot, unless other timing is indicated,
the following conditions shall be complied with:
The applicant shall obtain the approval of a Development Review permit
by the City Council for the design and placement of the homes for lots 1
through 13.
The applicant shall complete and obtain approval by the City of rough
grading of the project site.
3. The applicant shall complete the construction of public imp
4. The applicant shall obtain City approval of soils compaction report.
5. The applicant shall obtain City approval of a certification of line and grade.
Resolution No. P-01-41
Page 11
The applicant shall make payment of development fees to the City, unless
other payee is indicated. The fees and the corresponding
follows and are subject to change without further notice. The amounts to
be paid shall be those ' : payment.
For~"meter
Otb
(Resolution No. 91-123) = $3,710.00 per meter
= Contact Engineering Division
Water meter fee (Resolution No. 91-123)
For ~" meter = $130.00 per meter
Otb = Contact Engineering Division
- To be paid by separate check, payable to San
Diego County Water Authority.
For ~" meter = $2,004.00 per meter
Otb = Contact Engineering Division
= $16,092.20' (if paid totally at once for
the entire subdivision)
Or $26,000** (if each lot are to be
developed individually)
* based on street frontage of 804.61 feet at $20.00/foot. The amount
is subject to change if there is a change in street frontage length.
**Calculated by: 13 lots at $2,000.00 per lot
S
fee
= $24,502.40 (This is in addition to the
20% payment of $6,125.60 for
reservation of sewer EDU's.)
S
I fee
= $50.00
= $25.00
= $8,580.00
Calculated by:
$8,580.00
$660.00 x 13 lots
~ee
= $15,600.00
Calculated by: $1,200.00 x 13 lots =
$15,6O0.0O
Resolution No. P -01-41
Page 12
Park fee
= $35,360.00
Calculated by:
$35,360.00
$2,720.00 x 13 lots =
Section 6: The approval of Tentative Tract Map 01-01 expires on August 14, 2003, at
5:00 p.m. The final map conforming to this conditionally approved Tentative Tract Map
shall be filed with the City so that the City may approve the tentative 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 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,
posed 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 re§ ' ..3 this 14th day of August 2001.
ATTEST:
nne Peoples, City Clerk
Resolution No. P-01-41
Page 13
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Loft Anne Peoples, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No. P- 01-41 was 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, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~nne Peoples,
City of Poway
Resolution No. P-01-41
Page 14
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR TTM 01-0'1
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
activities. The order shall remain in effect until compl' -I. Non-compliance
situations, which may occur subsequent to project construction, 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 App
1 Mitigate forl :1 NNG habitat
pursuant to the Poway HCP at th :1
the Initial Study and by 3propriate
h L
pare a c tailed landscape plan and
monitoring program for mitigation of the
:luired buff'
.tain any necessary permits from
California Department of Fish and Game,
ursuant to Fish and Game Code Sec. 1603, fo
' the required
r( creek.
p 3 and the
pproved grading p hi h barrier
without gates on th boun ary of the
J in the Initial Study. A eed
that this barrier s
maintained by the h be
recorded. The deed :le
language restricting lighting impacts behind lots
3ing for mitig
ncroachment in the required buffer area,
P to an
Ad
Clearing or
F
Ad
Clearing or
F
Ad
Clearing or
Grading Permit
P
Map/Grading
Permit
f occupancy
App
App
¸nt
Applicant
Applicant
Cond ' ,] program of the ye ~ App
andscaping installed as mitigation of the buffer f occupancy
Resolution No. P-01-4!
Page 15
Arch-
eology
· Contract with a qualified archeologist to
err ;I of site during grading/other
(as cited ' Study) Should
uch a threat present itself, the work must be
alted until the condition can be reported to the
City and evaluated City and State o
F
val of Planninc
3 of site (as cited in the
nitial Study)
y significant archeologist
mpacts, provide miti~ City and
Prior to an
Ad
Clearing or
Grading Permit
E g
-rading/other
Prior 1
~f occupancy
Applicant
Applicant's
archeologist
App ant