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Res P-01-50RESOLUTION NO. P- 01-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP TPM 01-03 ASSESSOR'S PARCEL NUMBER 278-170-03 WHEREAS, A request for a Tentative Parcel Map 01-03 to subdivide a 5.04-acre property into four residential lots was submitted by Vision Homes; and WHEREAS, the subject property is located on the southwest corner of the intersection of Lake Poway Road and Lakeview Road within the Rural Residential C zone; and WHEREAS, on September 18, 2001, the City Council held a public hearing on the al; r :t 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 finds that the proposed project has been adequately addressed in, and is within the scope of, the Mitigated Negative Declaration (MND) certified in with TPM 93-06 dated February 15, 1994. The subject E Iai Initial Study and MND documentation are fully incorporated herein by this : The City Council further 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. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a biological report by Robin Church of REC, Inc., dated July 24, 2001, was submitted for the property. Project grading will impact approximately 3.01-acres of coastal sage scrub 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 coastal sage scrub habitat for Tentative Parcel Map 01-03 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 has mitigated the future impacts to 3.01-acres of coastal sage scrub habitat at a 2:1 ratio. A mitigation replacement ratio of 2:1 is required because the habitat is coastal sage scrub. Said mitigation was accomplished through the purchase of 6.18-acres of coastal sage scrub habitat mitigation credits from a recognized local mitigation land bank located in the identified Mitigation Area of the Poway HCP. Resolution No. P- 01-50 Page 2 Preservation of such habitat within the Mitigation Area will contribute toward the building of the ultimate total Mitigation Area preserve system of the Poway HCP. Therefore, such habitat preservation will serve to enhance the long-term viability and function of the preserve system. The habitat preserved through purchase of habitat mitigation credits from a recognized local mitigation land bank located in the identified Mitigation Area of the Poway HCP will be to the long-term benefit of the Poway HCP 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 the incremental implementation of the Poway HCP in an effective and efficient manner in 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 Poway HCP as the subject mitigation lands have been placed in permanent public biological conservat' l deeds. Section 3: (O as follows: The findings, in accordance with the State Subdivision Map Act Code Section 66410 et. seq.) for Tentative Parcel Map 01-03, are made The Tentative Parcel Map is consistent with the General Plan, in that it proposes to create four residential parcels at densities consistent with the General Plan residential designation. 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 Rural Residential C zone. 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 surrounding development. The design of the Tentative Parcel Map is not likely to cause substantial damage and avoidable injury to humans and wildlife or other habitat in that while a portion (3.01 acres) of the site is covered with a remnant of coastal sage scrub habitat, the property is not within the identified Mitigation Area Resolution No. P- 0:~-50 Page 3 of the HCP because of the site being surrounded by development. The project is required to mitigate impacted hah I The Tentative Parcel Map is not likely to 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 to insure adequate 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, f 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 construction 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 Onsite drainage improvements will be constructed to handle the surface water runoff. Water and sewer fees will be paid. Onsite and offsite improvements will be made to provide water and to the development. Access to the site will be provided in accordance with City standards and dec ;lency access. Section 5: The City Council hereby approves Tentative Parcel Map 01-03, to allow the subdivision of 5.01 acres of land into four residential lots located on the southwest corner of the intersection of Lake Poway Road and Lakeview Road, as shown on the Tentative Parcel Map dated June 29, 2001, subject to the following conditions: This approval 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/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. Resolution No. P- 0~.-50 Page 4 This approval is based on the existing site conditions represented on the approved Tentative Parcel Map. If actual conditions vary from rep 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 submit in writing that all conditions of approval have been read and understood. Prior to Parcel Map approval, unless other timing is 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 conf Ih the approved Tentative Parcel Map. Easements 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 f Off-site easements to be dedicated by separate instrument shall be recorded. 5. A lation bond in be posted. acceptable to the City Engineer shall All new and existing electrical/ lion/CATV utilities within the boundaries of the subdivision to be installed underground. The property shall be annexed into Landscape Maintenance District 86-1 and Zones A and C of the Lighting District to the satisfaction of the Director of Public Works. The developer shall dedicate a 5-foot-wide recreational trail along the existing Lake Poway Road public right-of-way. Prior to grading permit issuance, unless other timing is indicated, the following conditions shall be complied with: Resolution No. P-01-50 Page 5 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 minimum, the grading plan shall show the following: 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. A separate erosion control plan for prevention of sediment run-off during construction. 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 agreementJpermit. Locations of all utility boxes, clearly 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 to minimize visibility and screened through the installation of landscaping. Pad elevations shown on the grading plan shall not change by more than two feet from the elevations shown on the approved tentative parcel map. h. Show the location of the required 5-foot-wide recreational trail. 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. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of Resolution No. P- 0].-50 Page 6 handling and disposing all surface water within the subdivision and all the from Said system shall include all easements required to properly handle the drainage. Concentrated fl driveways are not permitted. Development of Parcels 1 and 2 will require the removal of a coastal oak tree. The developer shall comply with the City's Tree Ordinance. The removed oak tree shall be replaced with a tree of the same size and species to the sat ~ : 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. The applicant shall file with the State Department of Water Resources a Notice of Intent under Statewide General Construction Storm Water Permit (NOI), of which proof of acceptance shall be submitted to the Development Services-Engineering Division Application forms may be obtained from Development Services upon request. For additional inquiries regarding NOI, please contact: State Water Resources Control Board, Division of Water Quality Attention: Storm Water Permit Unit P. O. Box 1977 S Ca 95812-1977 (916) 657-0757 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 cost shall be included in the cost estimates 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. Resolution No. P-0].-50 Page 7 Should there be a need for a new fire hydrant, a water system analysis shall be prepared to establish the proper size and location of the public water system. The applicant shall pay to the City the cost of preparing the analysis. If water imp are required, the applicant shall submit improvement plans for approval by the Engineering Division, and pay the plan check and insl; 10. Mitigation for project impacts to 3.01 acres of coastal sage scrub habitat has been satisfactorily completed. Mitigation was accomplished through purchase of mitigation credits for 6.18 acres of coastal sage scrub (2:1 mitigation ratio) from the E Iai Trust, a local habitat mitigation land bank located within the Mitigation Area of the Poway Habitat Conservation Plan. 11. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. At a ' ' all protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. G. 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 3table 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 :~ations and the approved grading plans. 6. Prior to rock blasting, a pre-blast survey of the surrounding properties shall be conducted to the satisfaction of the Director of Development Services, Resolution No. P- 0~.-50 Page 8 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. 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. b. A final soil compaction report for each lot f City. Prior to delivery of combustible building systems shall satisfactorily pass all required tests. :1 approval by the onsite water and sewer Traffic Mitigation = $990/Iot Park = $2,720/Iot Drainage = $1,200/lot WaterMeterSize Cost **SDCWA Fee Service Line %-inch $130 $3,710 $2,004 $1,430 *l-inch $270 $6,678 $3,206 $1,430 These f Ily in effect and are subject to change without notice: If a l-inch meter is required only for fire safety, %-inch meter fees for exl~ :1 SDCWA will be applicable Applicable to domes1' ly School Fees and Affordable Housing Fees are also payable, and will be based on the area of the future proposed residences. 11. The applicant shall comply with the City of Poway Guide to Landscape M it relates to fuel management zones. 12. Single-family residential units may be required to have fire sprinkler protection systems. 13. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. At a ' ' all 10. The following development fees shall be paid for each residential site. Resolution No. P- 01-50 Page 9 protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 14. If the common driveways are used for the required Fire Department turnaround, said driveways cannot be gated. 15. The location and design of the required 5-foot-wide recreational trail shall be reviewed and approved by the Directors of Public Works and Development Services. H. Prior to ' certificate of occupancy the following shall be complied with: An adequate drainage system around 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 to ' I occupancy and release of grading securities. Driveway, drainage facilities, slope landscaping and protection and utilities shall be constructed, completed and inspected Engineering Inspector. by the The 5-foot-wide recreational trail required over this subdivision shall be improved in accordance with the req of the City Public Works Department. Section 6: The approval of Tentative Parcel Map 01-03 expires on September 18, 2003, at 5:00 p.m. The Parcel Map conforming 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 September 18, 2001. Resolution No. P-01-50 Page 10 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 18th day of September 2001. ATTEST: yor Lori ~nne Peoples, City C 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- 01-50was duly adopted by the City Council at a meeting of said City Council held on the 18th day of September 2001 and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE City of Poway