Res P-03-41RESOLUTION NO. P-03-41
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION
AND TENTATIVE PARCEL MAP (TPM) 02-03
ASSESSOR'S PARCEL NUMBERS 277-011-06, 276-070-16, and 276-071-12
WHEREAS, a request for a Tentative Parcel Map (TPM) 02~03 to subdivide a
167-acre property into four residential lots was submitted by Shaw Cheng, Applicant;
and
WHEREAS, the subject property is located in the northwest corner of the City,
adjacent to the Heritage II residential development within the Rural Residential-A zone;
and
WHEREAS, on July 29, 2003, the City Council held a public hearing on the
:1 item; and
WHEREAS, the City Council has read and considered the agenda report for the
proposed project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council has considered the E Iai Initial Study (ELS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for TPM 02-03. The subject ElS and MND
documentation are fully incorporated herein by this : The City Council finds,
on the basis of the whole record before it, that there is no substantial evidence the
project will have a significant impact on the :, that the mitigation
contained in the ElS and Exhibit A hereof will mitigate potentially significant impacts to a
less than significant level, and that the MND reflects the independent judgment and
analysis of the City. The City Council hereby approves the MND and the associated
Mitigation Monitoring Program attached to this Resolution as Exhibit A.
Section 2: Pursuant to the City of Poway Subarea Habitat Conservation Plan (PSHCP),
a biological report by REC Consultants, Inc., dated October 2002, was submitted for the
property. Project grading will impact approximately 8.0 acres of Coastal Sage Scrub
(CSS) habitat located on the property inside of the Mitigation Areas of the PSHCP. In
accordance with the PSHCP, the required findings for approval of the proposed
mitigation for the removal of CSS habitat for TPM 02-03 are as follows:
The proposed project is inside of the Mitigation Area of the PSHCP. The
mitigation is consistent with and furthers the implementing objectives of the
PSHCP in that the applicant will mitigate impacts to 8.0 acres of CSS habitat at a
2:1 ratio. Said mitigation will be through the on-site preservation of 16 acres of
Resolution No. P-03-41
Page 2
CSS habitat and the recordation of a Conservation Easement Deed preserving
comparable undisturbed and unencumbered habitat of equal or greater
conservation value.
Preservation of such habitat within the Mitigation Area will contribute toward the
building of the ultimate total Mitigation Area preserve system of the PSHCP as it
with the Heritage II mitigation and open space lands, and
preserves regional corridor linkages. Therefore, such habitat preservation will
serve to enhance the long-term viability and function of the preserve system and
Proposed Resource Protection Areas (PRPA) 2 and 3.
The habitat preserved through on-site dedication will be to the long-term benefit
of the PSHCP covered species and their habitats in that the recordation of a
Conservation Easement Deed over 16 acres of undisturbed and unencumbered
habitat, and an open si; l over approximately 131.8 acres of habitat,
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 PSHCP in
an effective and efficient manner in that the preservation of on-site conservation
area(s) will be within an identified Mitigation Area within the City, will contribute
likewise towards, assembling the total Mitigation Area preserve system, and
PRPA 2 and 3.
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 conserval' ~. deeds.
Section 3:
(G
as follows:
The findings, in accordance with the State Subdivision Map Act
Code Section 66410 et. seq.) for Tentative Parcel Map 02-03, are made
The Tentative Parcel Map is consistent with the General Plan, in that it proposes
to create four residential lots at densities consistent with the General Plan and
Poway Municipal Code designations.
The design and imp required of the Tentative Parcel Map are
consistent with all applicable general and specific plans; in that the approved lot
sizes and configurations adhere to the development standards of the General
Plan and Poway Municipal Code.
The site is physically suitable for the type of development and the density
proposed, in that the site is large enough to provide four lots, of regular shape
Resolution No. P-03-41
Page 3
and dimension. As proposed lots are located on the lower portions of the east
slope and decreased in depth to reduce the impact on the hillside, the lot shapes
meet the intent of the General Plan and Poway Municipal Code development
standards.
The design of the Tentative Parcel Map is not likely to cause substantial
damage and avoidable injury to humans and wildlife or their
habitat in that the project is a lot averaged subdivision that has been located
adjacent to existing development, and will remove no more than the 8
acres of the native habitat, while preserving approximately 147 acres in
permanent open space.
The Tentative Parcel Map is not likely 1 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 adeq 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 or adjacent subdivision.
Section 4: The findings in accordance with G
public imp 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
of public imp is needed as a result of the proposed
development to protect the public health, safety, and welfare as identified below:
1. On-site drainage imp will be
:1 to handle the surface
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
:leq ~ency access.
Section 5: The City Council hereby approves Tentative Parcel Map 02-03, to allow the
subdivision of a 167-acre site into four residential lots located in the northwest corner of
the City, adjacent to the Heritage II residential development in the Rural ResidentiaI-A
zone, as shown on the Tentative Parcel Map dated June 18, 2003, subject to the
following conditions:
E=
Resolution No. P.- 03-41
Page 4
This approval is not ! the design of the proposed single-family homes.
Separate approval of the home design and footprints shall be applied for through
the Development Review/Minor Development Review process prior to issuance
of Building Permits.
Approval of this request shall not waive compliance with any sections of the
Zoning Ordinance and all other applicable City ordinances in effect at the time of
Building Permit issuance.
This approval is based on the existing site conditions represented on the
approved Tentative Parcel Map. If actual conditions vary from representations,
the approved map must be changed to reflect the actual conditions. Any
substantial changes to the approved Tentative Parcel Map, prior to Parcel Map
approval, must be approved by the Director of Development Services and may
require approval of the City Council.
The developer is required to comply with the Poway Noise Ordinance
requirements that govern :y and noise levels.
Within 30 days of this approval, the applicant shall:
Submit in writing that all conditions of approval have been read and
understood, and
Apply for a Letter of Availability (LOA) to reserve sewerage availability for
four Equivalent Dwelling Units (EDUs) and post with the City a non-
refundable reservation fee of 20 percent of the sewera§ fee in
effect at the time the LOA is issued.
Ten percent of the sewer
from final map recordation.
fees shall be paid within 30 days
The balance of the sewer fees, representing 70 percent
payment, shall be paid prior to Building Permit issuance.
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.
Resolution No. P- 03-41
Page 5
This approval is based on the existing site conditions represented on the
approved TPM. If actual conditions vary from representations, the
approved TPM must be amended to reflect the actual conditions. Any
substantial changes to the TPM must be approved by the Director of
Development $ :1 may require approval of the City Council.
The final Parcel Map shall be submitted to the Development Services
Department, Engineering Division, for review and approval, together with
the supporting data and (~ The applicable map checking
fees ($1,000 per sheet) shall be paid.
The final Parcel Map shall conform to City standards and procedures, the
City Subdivision Ordinance, the Subdivision Map Act, and the Land
Surveyors' Act.
E and right-of-way dedications to the City within the limits of the
subdivision shall be made on the final map. Water and and
their appurtenances, to be installed at locations other than within public
streets shall have an easement, a minimum of 20 feet wide for each line,
dedicated to the City.
Off-site to be dedicated by separate instrument shall be
recorded prior to final map approval.
Existing held by private entities or individuals such as, but not
limited to, public utilities, ingress and egress, road, and other incidental
purposes shall not be defeated or compromised for the purpose it was
intended without prior approval of easement holders. The subdivider shall
be solely responsible to preserve and/or :late the rights of
easement holders.
An appropriate security shall be posted for the
corners.
:ion of all lot
A road and agreement for the private streets
providing access to the subdivision, in a form satisfactory to the City
Attorney, shall be prepared and submitted to the City for review and
approval. Said agreement shall be a stand-alone agreement or
incorporated in the developments conditions, and
I (CC&R). The agreement or the CC&Rs shall be recorded in
the office of the San Diego County Recorder prior to Final Map approval.
Prior to Parcel Map approval, issuance of an Administrative Clearing Permit or a
Grading Permit, which first, the applicant shall:
Resolution No. P- 03-41
Page 6
Provide mitigation to the satisfaction of the Director of Development
Services consistent with the PSHCP and mitigate impacts to 8.0 acres of
C$S habitat at a 2:1 ratio. Said mitigation shall be through the dedication
of an on-site biological conservation easement preserving comparable
undisturbed and unencumbered habitat and will be completed as follows:
On-site dedication of 8.0 acres of habitat of equal or greater
value. Said on-site dedication shall require the
applicant to place 8.0 acres of in-kind habitat in a Conservation
Easement Deed which shall include a legal description and plat
map showing the limits of the area to be preserved prior to grading.
The limits of the conservation easement shall be permanently
staked and contain signage identifying the area in the habitat
preserve subject to the satisfaction of the Director of Development
Services. Said Conservation Easement shall be approved by the
Director of Development Services, and shall be notarized and
recorded with the County of San Diego at the cost of the applicant.
In compliance with the PSHCP, the City shall subsequently rezone
the mitigation area to Open Space-Resource Management to
insure its permanent preservation.
,Any remaining undisturbed habitat not used for development or
mitigation of biological resource impacts on the project site shall be
placed in an Open Space Easement to further the PSHCP goals,
but is available to sell for supplemental mitigation land subject to
the approval of the Director of Development Services and, if
approved, the applicant shall record a easement over
the subject area at the applicant's expense. The 10 acres of land
encroached upon by the Evergreen Nursery, on the northern
property boundary, may remain in agricultural use and shall be
excluded from any open si: l.
In accordance with Condition H of the PSHCP Incidental Take
Permit, a take of active California Gnatcatchers nests, which
includes h I of the bird due to grading noise and vibrations
from February 15 through July 1, is not permitted. Therefore,
grading during this timeframe will only be permitted subject to the
following conditions having been met to the of the
Director. A request to grade between February 15 and July 1 must
be received no later than December 15.
The applicant is hereby advised that, during grading, if active nests
are found within 500 feet of the grading, the grading activity shall be
stopped until such time as mitigation to the satisfaction of
the City and the United States Fish and Wildlife Service (USFWS)
Resolution No. P-03-41
Page 7
are implemented. There is no guarantee that grading will be
allowed I
i)
If grading or clearing is to occur between February 15 and
July 1, the applicant shall provide to the Planning Division,
before ' ~ a Clearing/Grading Permit, a letter from a
qualified biologist, retained by the applicant, with a scope of
work for a CSS habitat and Gnatcatcher survey, reporting on
the area to be cleared and/or graded and CSS habitat areas
within 500 feet of such area. The biologist shall contact the
USFVVS to determine the appropriate survey methodology.
The purpose of the survey is to determine if any active
Gnatcatcher nests are located in the area to be cleared or
graded or in CSS habitat within 500 feet of such area. To be
considered qualified the biologist must provide the City with
a copy of a valid Gnatcatcher Recovery Permit from the U.S.
Fish and Wildlife Service (USFVVS).
ii)
The scope of work shall explain the survey methodology for
the biological survey and the proposed Gnatcatcher nest
monitoring activities during the clearing/grading operation.
iii)
Should the report show, to the ' ~ of the Director of
Development Services, that Gnatcatchers nests are not
present within the area to be graded/cleared or within CSS
habitat located within 500 feet of said area, approval may be
granted to clearing/grading within the
Gnatcatcher nesting season from February 15 through July
1.
iv)
If Gnatcatchers are present within the area to be
graded/cleared or within CSS habitat located within 500 feet
of said area, no grading shall occur during this time. If
grading is proposed, the biologist shall monitor and survey
the habitat, on a daily basis, within the area to be
cleared/graded and any habitat within 500 feet of said area
for any evidence that a Gnatcatcher nest(s) exists or is being
built. Weekly monitoring shall be submitted to
the Planning Division. Should evidence of a Gnatcatcher
nest(s) be discovered, the grading operation shall cease in
that area and be directed away from the Gnatcatcher nest(s)
to a location greater than 500 feet away from the nest(s). If
grading is required to stop due to the presence of active
nests, the applicant shall provide erosion control to the
of the City Engineer. This paragraph must be
Resolution No. P- 03-41
Page 8
included as a note on the cover sheet of the clearing/grading
plan. Upon completion of the clearing/grading activities, the
applicant's biologist shall submit to the Director of
Development Services a biological monitoring report
· ' .:1 the daily observations of the biologist, including
whether any Gnatcatchers or evidence of active Gnatcatcher
nests were present during clearing and grading activities
within the area and any habitat within 500 feet of said area.
The biologist must attend the City's pro-construction meeting for the
project and must be present on-site during all clearing/grading
activities to monitor that the clearing/grading activities stay within
the designated limits
At a ' ' all protected areas, as shown on the grading plan,
shall be staked by a licensed surveyor, and delineated with lathe
and ribbon. The applicant shall have said staking inspected by the
Engineering Inspector prior to any grading, clearing, or grubbing. 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. Orange construction or chain link fence should be
installed along the boundary between grading and Coastal Sage
Scrub.
The biologist shall provide the City with written confirmation that the
limits of clearing/grading are in accordance with the project's
Biological Resource ,~ I.
Pursuant to Poway Landscape Guidelines and the Fuel
Management/Landscape Plan on file with the City for landscape of
all manufactured slopes greater than a 5:1 slope and Fuel
Management Zones, all landscaping and irrigation shall be installed
prior to grading and to the satisfaction of the Director of
Development Services and the Fire Marshal. Manufactured slopes
greater than 5:1 shall be planted with a combination of ground
cover, shrubs, and trees (with ratios and sizes consistent with the
guidelines), and shall be provided with an automatic irrigation
system operational at the time of final inspection. A $525.00 plan
check fee/deposit is required with the landscape plan submittal
package. Final plans must be approved prior to grading.
Staking and signage between the approved development area of
the parcel and the conservation easement deed aroa shall be
installed and J to protect in perpetuity the conservation
Resolution No. P-03-41
Page 9
values and function of the property. The applicant shall obtain
approval by the Director of Development Services regarding the
specific location, type, and height of the stakes and signage prior to
its installation.
Staging areas for equipment and materials should not be located in
proximity to the drainage or on unmitigated habitat areas.
The biologist must attend the City's p meeting for the
project and must be present on-site during all clearing/grading
activities to monitor that the clearing/grading activities stay within
the designated limits.
The applicant shall secure the services of an archeologist to monitor
clearing and grading activities. If historic or archeological are
unearthed during the clearing or grading process, the archeologist has the
right to stop the clearing or grading until the significance of the resource
can be identified and adequate mitigation has been determined and
completed.
Prior to Grading Permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
Grading plans for development of the lots prepared on a City of Poway
standard mylar at a scale of 1"=20', shall be submitted along with a
Grading Permit application and applicable fees to the Development
Services Department-Engineering Division for review and approval. A
grading plan submittal checklist is available at the engineering division
front counter. As a ' ' the grading plan shall show the following:
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 Planning Division and/or Engineering
Division prior I ~ 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
Resolution No. P-03-41
Page 10
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
appud :1 associated easements. Encroach not
permitted upon any easement without an approved Encroachment
Agreement/Permit.
Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work.
Locations of all conservation and open space easements, as well
as fire management zones.
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
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Said
system shall include all required to properly handle the
drainage. Concentrated t~ driveways are not permitted.
Prior t : a Grading Permit, the applicant shall file with the State
Regional Water Quality Control Board a Notice of Intent for coverage
under the statewide General Permit that covers stormwater discharges.
Proof of filing of the NOI and an assigned Waste Discharge Identification
Number shall be submitted to the Development Services Department -
Engineering Division prior to issuance of a Grading or Building Permit.
Applications may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
Prior to issuance of a Grading Permit, the owner shall have prepared a
Storm Water Pollution Prevention Plan (SWPPP) that effectively
addresses th of runoff into the storm drain system.
Resolution No. P-03-41
Page 11
The SWPPP shall include, but not be limited to, an effective method of
hillside erosion and sediment control; a desilting basin with a capacity of
3,600 cubic feet of storage per acre drained, or designed to remove fine
silt for a ten-year, six-hour storm event; a material storage site;
to protect material from being exposed to storm runoff;
protection of all storm drain inlets; on-site concrete truck wash and waste
control; and other means of Best Management Practices (BMPs) to
effectively eliminate pollutants from entering the storm drain system. A
copy of the SWPPP shall be submitted to the Engineering Division.
Pad elevations shown on the grading plan shall not increase by more than
two feet in height from the elevations shown on the approved tentative
map, unless otherwise approved by the City Council.
The applicant shall pay all applicable engineering, plan checking, map
checking, permit, and inspection fees. The driveway cost
shall be included in the cost for plan checking and determination
of inspection fees.
Grading securities in the form of a performance bond and cash deposit, or
a letter of credit shall be posted with the City. A minimum $2,000 cash
security is required.
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 improvements are required, the applicant shall submit
improvement plans for approval by the Engineering Division, and pay the
plan check and inspection costs.
10.
Prior to ' ; a Grading Permit, the grading plans shall demonstrate
compliance with the Standard Urban Stormwater Mitigation Plan (SUSMP)
Ordinance, unless the engineer of work can provide evidence, to the
sat ;the City Engineer, that the project is not a "priority project."
11.
The applicant shall provide, as necessary, dedication and improvement of
a City, or City sponsored, pedestrian/equestrian trail in accordance with
the City's Guide to Landscape req and to the satisfaction of the
Directors of Public Works and the Development Services Department.
Prior to Building Permit issuance, the applicant shall comply with the following:
The Parcel Map for TPM 02-03 shall be recorded and a mylar copy of the
recorded map shall be provided to the City.
Resolution No. P-03-41
Page '12
The applicant shall attend a pre-construction meeting, at which time
they shall present an Action Plan that identifies to be
implemented during to address erosion, sediment, and
pollutant control. Compliance for erosion control can be provided
using : the following guidelines:
Provide an on-site desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
c. Cover all flat areas with an approved mulch.
Install an earthen or gravel bag berm that retains 3 inches of water
over all areas prior to discharge, effectively creating a desiltation
basin from the pad.
A $2,000 erosion control cash security for each lot shall be posted with the
City.
Erosion control devices, including, but not limited to, desiltation basins,
shall be installed and J by the developer throughout
of the project. The applicant shall comply with all local and State
mandated NPDES req and implement BMP's to the satisfaction
of City inspectors.
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.
Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. At a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with orange construction fencing. 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.
Non-supervised ..3ineered fill is not allowed. Rock disposal areas
shall be graded in compliance with City approved soils :lations
and the approved grading plans.
Prior to rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a Blasting Permit shall be obtained from the Engineering
Resolution No. P-03-41
Page 13
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 or right-of-way,
including construction of driveways, 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 be include the submittal of the following:
a. A final soil compaction report for each lot for review and approval by
the City.
b. A certification of line and grade for each lot, prepared by the engineer
of work.
10.
The following development fees shall be paid for each residential site.
These fees are currently in effect and are subject to change without
notice:
WaterMeterSize Cost **SDCWA Fee Se~ice Line
N-inch $130 $3,710 $2,004 $1,430
*l-inch $270 $6,678 $3,206 $1,430
If a 1-inch meter is required only for fire safety, %-inch meter fees for
expansion & SDCWA will be applicable.
Sewer Remaining sewer fees not posted with the Letter of
Availability as required with the conditions of approval for the Parcel
Map.
Cleanout box $50
Inspection $25
Indirect Benefit $500
Traffic Mitigation = $990/Iot
Park = $2,720/Iot
Drainage = NA
11. Prior to delivery of combustible building :er and sewer
systems shall y pass all required tests.
Resolution No. P-03-4:~
Page 14
12.
Future Development on Parcel 1 of TPM 02-03 shall consist of the
following:
Per the City's Hillside Development Standards, the future single-
family home shall be one-story in height and painted in earth tone
colors to minimize its visual impact. A two-story house may be
considered, subject to City Council approval.
13.
Residential driveways shall be 16 feet in width and not exceed 25 percent
slope. Driveways may be reduced to 12 feet if an approved residential fire
sprinkler system is installed.
14.
Prior to issuance of a Building Permit, payments stipulated in any City-
approved reimbursement agreement in effect at the time shall be posted
with the City.
Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
Driveways, drainage facilities, slope landscaping and protection
and utilities shall be constructed, completed, and inspected by
the Engineering Inspector. The driveway shall be ~ in
accordance with Poway Municipal Code, Section 17.08.170D, and its
structural section shall be shown on the grading plan.
All existing and new utilities within the project shall be placed
underground. The subdivider shall be responsible for the relocation and
undergrounding of existing public utilities less than 34.5 kV, unless
specifically waived by the Director of Development Services.
An adequate drainage system around each building pad capable of
handling and disposing all surface water shall be provided to the
sal ~ " ~the Engineering Inspector.
Record drawings, signed by the engineer of work, shall be submitted to
the Engineering Division 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 ' :occupancy and release of grading securities.
The property owner shall contact the City of San Diego regarding the
intrusion of the nursery lease operation onto the subject property. The
City of San Diego, nursery, and/or project applicant may restore the area
of intrusion with native plant material. The re-vegetation shall be subject
to the approval of the Director of Development Services.
Resolution No. P-03-41
Page 15
The applicant shall implement the to fuel management zones per the
approved plan.
Spoils, trash, and any debris should be removed off-site to an approved
disposal facility.
Section 6: The approval of Tentative Parcel Map 02-03 expires on July 29, 2005, 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 subsequently granted by the City Council.
Section 7: Pursuant to G I Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
3osed pursuant to this approval shall begin on July 29, 2002.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a reg ' 3 this 29th day of July 2003.
ATTEST:
Peoples, City Cle~-
MichaelP.~~,Mayor
Resolution No. P-03-41
Page 16
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-03-41 was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of July 2003 and that
it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
nne Peoples, City Clerkr
City of Poway
Resolution No. P-03-4!
Page 17
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR TPM 02-03
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 implementation." This mitigation monitoring program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non-compliance
situations, which may occur subsequent to project will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
Resolution No. P-03-41
Page 18
pi
Biology
Mitigation Measure
The house on Parcel I shall be one story in heigh
and painted in earth 1
C boundaries should be clearly staked
and flagged to indicate the limits of d
C crews should be made fully aware of
these boundaries. Orang or chain link
fence should be installed along the boundary of the
Coastal Sage Scrub.
Staging areas for equipment and materials should
not be located in proximity to the drainage or on
unmitigated habitat areas.
Responsibility
of an MDRA
Prior to grading
During operation
Spoils, trash, and any debris should be removed off- During
~proved disposal facility, operation
MitiG for p :1 impacts of 8 acres
of Coastal Sage Scrub at a 2:1 ratio. A biological
easement shall be placed over the
mitiG City.
To prevent edge effects degrading the adjoining
native habitat, the landscape plans shall not include
invasive exotic plant species in landscape areas
adj 3 areas.
C activities are discouraged during
breeding season. Potential noise
limitations shall be consistent with the noise level
,1 in the Poway HCP.
The biologist must attend the City's p
meeting for the project and must be present on-site
during all clearing/grading activities to monitor that
the clearing/grading activities stay within the
designated limits.
Grading Permit
Prior 1
Grading Permit
P
Grading Permit
F
Grading Permit
Timing
Applicant
Applicant
Applicant
Applicant
Applicant
Applicant
Applicant
Applicant
Cultural a. An archeologist shall monitor the clearing and grading Prior 1 Applicant
activities Grading Permit