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