Res P-02-04RESOLUTION NO. P-02-04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 01-04
ASSESSOR'S PARCEL NUMBER 314-370-37
WHEREAS, Tentative Parcel Map 01-04, submitted by Ner Tamid
Synagogue and Rancho Bernardo Presbyterian Church, Applicants, to subdivide
a 32.1-acre property located in the 15300 block of Pomerado Road on the west
side of the street into two parcels. The property is zoned Rural Residential C;
and
WHEREAS, on January 29, 2002 the City Council held a public hearing on
the al: :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 ~ Mitigation
Monitoring Program shown as Exhibit A of this Resolution for Tentative Parcel
Map 01-04. The subject ElS and MND documentation are fully incorporated
herein by th' 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
' ;I 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 and an addendum letter prepared by Brock Ortega of
Dudek and Associates, dated November 2001 and December 3, 2001,
respectively, were submitted for the property. The private access road
improvements will impact approximately 0.84-acres of Coastal Sage Scrub
habitat located on property that is 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 01-04 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
Resolution No. P-02-04
Page 2
of the Poway HCP in that the applicant will mitigate impacts to 0.84-acres
of Coastal Sage Scrub habitat at a 2:1 ratio. Said mitigation will be
through the acquisition of suitable offsite Coastal Sage Scrub habitat and
the recordation of a 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.
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 andJor payment of in-lieu fees will serve to enhance the long-
term viability and function of the preserve system.
The habitat preserved through offsite 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 the ' implementation of the
PSHCP in an effective and efficient manner in that the preservation of
offsite conservation area(s) will be within an identified Mitigation Area
within the City, and/or the payment of in-lieu fees will likewise contribute
towards, assembling the total Mitigation Area preserve system.
The preserved habitat will not result in a negative fiscal impact with regard
to the ' implementation of the PSHCP as the subject mitigation
lands will be dedicated to the City of Poway in fee title and/or placed within
permanent public biological conservation easement deeds or in-lieu fees
will be paid.
Section 2: The findings, in accordance with the State Subdivision Map Act
(G l Code Section 66410 et. seq.) for Tentative Parcel Map 01-04, are
made as follows:
The Map ' I with the General Plan in that the proposed lot sizes,
d' and other technical ch comply with the RR-C
zoning standards and General Plan designation standards.
Resolution No. P-02-04
Page 3
The site is physically suitable for this type of development in that the site is
located with' I residential and semi-public developmentJuses.
The site is physically suitable for the density of the development in that the
overall slope of the property is 14.7 percent, which is within the City of
Poway standards for parcel maps within the RR-C zone.
The design of the Parcel Map is not likely to cause substantial
damage, and avoidable injury to humans and wildlife or
their habitat in that the conditions of approval assure that any impacts
-I with the project will be mitigated to a level of insignificance.
The approval is not likely to cause serious public health problems in that
City water and 31e to the site.
The design of the Tentative Parcel Map will not ConTlict with any easement
acquired by the public at large, now of record, 1' through or use of
the property within the subdivision in that the development of single-family
residences on the proposed lots can be dated without
obstructing or otherwise impacting existing
Section 3: The findings, in accordance with G
for the public imp are made as follows:
Code Section 66020
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 are in place or
will be :1 to serve the project. The following imp are
necessary to protect the public health, safety, and welfare:
1. Onsite and of[site drainage imp
:1 to handle the sud'
are in place or will be
2. Fire hydrants are in place and will be constructed to serve the
development and provide fire protection.
3. Water and sewer fees will be paid. Onsite and offsite imp
will be made to provide water and to the development.
4. Access to the site will be provided in accordance with City standards
and 1 :leq .~ency access.
Section 4: The City Council hereby approves Tentative Parcel Map 01-04 to
subdivide a 32.1-acre parcel property located in the 15300 block of Pomerado
Resolution No. P-02-04
Page 4
Road along the west side of the street into two parcels, as shown on the
Tentative Parcel Map dated December 5, 2001, subject to the following
conditions:
Within 30 days of the date of this approval (1) the applicant shall submit in
writing that all co!~ditions of approval have been read and understood;
The site shall be developed in accordance with the approved Tentative
Parcel Map on file in the Development Services Department.
Approval of this request shall not 31lance with all sections of the
Zoning Ord' :1 all other applicable City Ordinances in effect at the
time of building permit issuance.
Prior to any use of the project site or business activity being :1
thereon, all conditions of approval contained herein shall be completed to
the sa! ~ the Director of Development Services.
The approval of ;:his Tentative Parcel Map shall expire at the end of two
years if either a oarcel map has not been approved and recorded, or a
time extension h~s not been sought by July 31,2003.
Within 30 days after City Council approval of the Tentative Parcel Map,
the applicant shall make a reservation for a sewer letter of availability for 2
Equivalent Dwelling Units (EDU's) and pay the City a :lable
sewer fee of $942.40. Within 30 days after Parcel Map
approval, the applicant shall pay the City an additional 30% sewer
fee of $1,413.60. The remaining balance of sewer
fee and necessary adjustments to the number of sewer EDU's depending
on use of the pamels shall be paid prior to building permit issuance.
Prior to recordation of the Parcel Map the applicant shall comply with the
following:
Submittal ~)f a Parcel Map to the City for review and approval. The
Parcel Meo shall conform to City standards and procedures, the
City Subdivision Ordinance, the Subdivision Map Act, the Land
Surveyors' Act, the Resolution of Approval as approved by the City
Council arid shall be in substantial with the approved
Tentative Parcel Map. Appropriate map review fee shall be paid at
time of su;3mittal.
2. Submittal of improvement plans for the following public
imp
CJ
do
Resolution No. P-02-04
Page 5
Modification of the existing traffic signal at the
of Pomerado Road and Casa Avenida. The modification
shall provide a signal phasing to allow through and/or left
turn vehicle ls exiting from the proposed private
road in the subdivision, and left turn vehicle to
the subdivision from northbound Pomerado Road traffic.
The modification shall also provide for pedestrian
crosswalks at the proposed private road and Pomerado
Road. It shall also include, but is not limited to, installation
of appurtenant traffic signal fixtures, appropriate street
striping and signage to the satisfaction of the City
Engineer.
C of water and sewer systems. The water
system shall include installations of water main extension
to the subdivision, water service lines to each parcel, fire
hydrants as required by the City Fire Marshal, and
necessary appurtenances. The sizing of the water main
shall be established by a water system analysis to be
prepared by the City's consultant. The subdivider shall pay
for the cost of analysis upon demand by the City.
The sewer system shall include installation of sewer main
(8-inch min. diameter) extension to the subdivision, sewer
laterals to each parcel, and necessary appurtenances.
E for water and sewer lines, a minimum of 20.00
feet wide for each easement, shall be dedicated to the City.
Joint water and l width shall be a minimum
of 30.00 feet. The dedication shall be made on the Parcel
Map.
Fi~-e hydrant/s shall be installed at locations determined by
the City Fire Marshal. Two fire hydrants are required
based on the conceptual building pad locations. ^ third
hydrant may be required depending on the development of
Parcel 1. Additional onsite fire hydrants may be required
upon development of the parcels. A water system analysis
shall be prepared to establish the proper size and location
of the public water system. Applicant shall pay to the City
the cost of preparing the analysis prior to submittal of
improvement plans.
Resolution No. P-02-04
Page 6
f. Submittal of grading or improvement plans for review and
approval of the following improvements.
C of private road imf The
proposed road shall be improved to an AC-paved
roadway width of 25 feet and 36 feet, within a right-of-
way of 35 feet and 46 feet respectively. Berms or
) shall be constructed on each side of the
road. Minimum structural section of the road shall be
based on a traffic index of 4.5.
ii.
A private road easement shall be reserved for the
benefit of all pamels in the subdivision. The
reservation shall be noted on the Parcel Map.
Dedication of aped l 5-feet in width
to the City on behalf of the public. Dedication shall be
made on the Parcel Map. The ped .¢ shall
be aligned from Pomerado Road, adjacent to the proposed
p :1, extending westedy to the subdivision's
westerly boundary.
Plans for construction of the pedestrian access
imp shall be included on the grading plans for
Parcel 1. The pedestrian access imp shall be
completed prior to occupancy of future development on
Psrcel 1. The ped ! will be required to be
improved to a minimum width of 5.00 feet surfaced with a
minimum thickness of 6-inch decomposed granite.
Posting of performance security for the above improvements and
:ation security. A warranty security for the public imp
shall be posted with the City prior I : the perf ly.
Within 60 days after Parcel Map recordation or prior to building permit
issuance whichever comes first, the applicant shall provide the City with a
photomylar copy of the recorded Parcel Map.
Future development applications for Parcel 1 and Parcel 2 will require
subsequent Iai ysis and completion of any resulting
mitigation for habitat impacts.
Prior to the issuance of a grading or administrative clearing permit the
applicant shall:
Resolution No. P-02-04
Page 7
Mitigate for impacts to approximately 0.84 acres of Coastal Sage
Scrub pursuant to the Poway HCP at a minimum 2:1 ratio.
Mitigation shall be accomplished through dedication of a biological
easement over like, unencumbered, similar quality
habitat or payment of a habitat mitigation in-lieu fee at the rate
established at the time of payment. Presently, the habitat
mitigation ~n-lieu fee is $10,000/acre.
The gradib, g plan shall note the limits of clearing/grading. These
.areas shall be staked and ribboned on the site prior to
clearing/grading. A qualified biologist shall provide the Planning
Division with written confirmation that the limits of clearing/grading
are in accordance with the November 2001 biological
report prepared by Dudek & Associates and provide
:lations for any additional protection to be
implemented to insure that the sensitive biological
beyond the limits of grading are protected. Said additional
:lations shall be implemented to the satisfaction of the
Director of Development Services.
According to the November 2001 biological report
prepared Dy Dudek & /~ California Gnatcatchers were
observed on the site. In accordance with the Poway HCP
Incidental Take Permit, a take of active California Gnatcatchers'
nests, whi,':h includes h l of the bird due to grading noise
and vibrations from February 15th through August 15th is not
permitted. Therefore grading during this timeframe will only be
permitted subject to the preparation of a pre-clearing/grading
biological survey prepared by a permitted biologist, certifying that
there are no active Gnatcatchers' nests on the site or within 500
feet of said area and complying with any Mitigation Measures to
protect nearby nests from noise and vibration.
A Master Plan of the existing onsite trees shall be provided to the
Development Services Department to determine which trees shall
be retaine:l. Those trees to be retained shall be noted on the
grading pl-~n and shall be protected in the field to the satisfaction of
the Director of Development Services.
Grading o~ the subject property shall be in accordance with the
Uniform B~ilding Code, City Grading Ordinance, approved grading
plan and geotechnical report, and accepted grading practices.
Resolution No. P-02-04
Page 8
=
A drainage system capable of handling and disposing of all surface
water originating within the project, and all surface waters that may
flow onto ,*he project from adjacent lands, shall be required. Said
drainage system shall include any easements and structures as
required b.,/the City Engineer to properly handle the drainage.
A soils report shall be prepared by a qualified engineer licensed by
the State of California to perform such work. Copies of the report
shall be submitted with the grading plan.
8. All new slopes shall be a
:2:1 (horizontal to vertical).
=
Erosion control, including but not limited to desiltation basins, shall
be installed and :t 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 developer
shall make provisions to insure the proper of all
erosion co3trol devices throughout their intended life.
10.The private on-site access road shall be designed to observe
adequate .~etback from the vernal pool complex to the satisfaction
of the U. S. Fish and Wildlife Service, the Army Corps of Engineers,
Regional Water Quality Control Board and the California
Department of Fish and Game. The project grading plan and
improvement plan for the private access road shall be routed to the
U.S. Fish and Wildlife Service, Army Corps of Engineers, the
Regional Water Quality Control Board and the California
Department of Fish and Game for review and approval. As part of
the review package, a map prepared by the project biologist of the
watershed of th pools shall accompany said grading
and improvement plans.
Prior to the '
building permit, the applicant shall:
1. A certification of line and grade, prepared by the project Civil
Engineer, shall be submitted prior to' ~ building permits.
Depending on the site design of future development on Parcel 1, an
emergency access road may be required from Parcel 1 to La
Manda Road to th I the Fire Marshal.
^ right-of-way permit shall be obtained from the City's Development
Services Department for any work to be done within the public right-of-way
or any City-held easement. Said work shall include, but is not limited to,
Resolution No. P-02-04
Page 9
~ driveway approach, sewer lateral installation, war
line installation, and street
Future development of Parcels 1 and 2 require compliance with the City of
Poway Guide to Landscape Maint it relates to fuel management
zones.
Section 5: The approval of this Tentative Parcel Map expires on January 29,
2004, at 5:00 p.m. The Parcel Map ...3 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 prior to 90 days of 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 for the City
Council prior to the expiration date.
Section 6: 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, or exactions imposed pursuant to this approval shall begin on
January 29, 2002.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, State of California, at a regular meeting this 29th day of January 2002.
ATTEST:
lyor
Resolution No. P-02-04
Page 10
STATE Of CALIFORNIA)
)SS.
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby
certify, under penalty of perjury, that the foregoing Resolution No. P-02-04
was duly adopted by the City Council at a meeting of said City Council held on
the 29th day of January 2002 and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~herrie D. Worrell, Deputy City Clerk
City of Poway
Resolution No. P-02-04
Page 11
EXHIBIT A
MITIGATION MO :)GRAM
FOR TENTATIVE PARCEL MAP 01-04
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
The reporting or monitoring program shall be designated to ensure
compliance during project imp 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 ' ' : -I desist order for all ' '
The order shall '[ect until compl :1. Non-compl
which may occur 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 ~mended, with City approval.
'opic ga g
Biologic~ _ ga' pac pprox~ma y 84 . Prior to pp ~t
Resources acres of Coastal Sage Scrub pursuant to the ~
Poway HC ' ' 1 ratio. Mitigation n Admin-
shall be accomplished through dedication of a istrative
biological easement over like, Clearing or
unencumbered similar quality habitat or Grading
payment of a habitat miti~ fee. Permit
b. To minimize erosion and soil impacts
pursuant to the Poway Grading Ordinance the
developer shall submit a project erosion
control pian to the City of Poway Engineering
D :1 approval.
b. Prior to
an Admin-
istrative
Clearing or
Grading
Permit.
c. The :..~rading plan shall note the limits of c. Prior to
clearing/~rading. TI' ~all be staked ~
and ribboned on the site prior to anAdmin-
clearing/grading. A qualified biologist shall istrative
provide :he Planning Division with written Clearing or
that the limits of clearing/grading Grading
are in accordance with the November 2001 Permit.
3rt prepared by Dude'
b. Applicant
c. Applicant
pot
nd Traffic
Resolution No. P-02-04
Page 12
provide
or any additional protection measures to be
to insure that the sensitive
iological resources beyond the limits o
rading are protected. Said additiona
'lations shall be implemented to th
of the Director of
Services.
d. The p -1 shall be
desig :leq
the vernal pool comp"
the U.S. Fish and Wildlife Service, the Army
Corps of Engineers, Regional Water Quality
C J and the C
of Fish and Game. The project
and improvement plan for the p
road shall I: U.S.
Wildlife S / Corps of
Re§' Quality C
California Department of Fish and Game for
review and approval. As part of the review
packag
'-iologist of the watershed of
ools shall accompany said grading and
mprovement plans.
fy existing traffic light at the
~ Casa Avenida and Pomerado
Road from a 3-way service light to a serve 4-
way traffic·
· Prior to
pproval of
rading plans
or
improvement
plans.
rading plan
ish and
ngineers, the
J and the
Parcel Map
recordation
· Applicant
PP
b. Provide detailed traffic studies to the
Development Services Department during the
develop ~ for
future ~ (other than single family
residential) of Parcel 1 and Parcel 2.
b. During the
development
review
application
process of
Parcel 1 and
Parcel 2.
· Applicant
c. Payment of Traffic Mitigation Fees
c· Prior to
building
permit
issuance
c. Applicant
n:\cit~