Res P-03-44RESOLUTION NO. P-03-44
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA
APPROVING REVISIONS TO THE GRADING PLAN FOR
FINAL MAP 12880/TENTATIVE TRACT MAP (TTM)4191-9R
AND DEVELOPMENT REVIEW (DR) 03-02
ASSESSOR'S PARCEL NUMBERS 314-371-24 to -35
WHEREAS, on November 20, 1984, the City Council approved Tentative Tract
Map 4191-9R that included 12 lots on 60 acres of the 975-1ot Planned Community (PC)
zone; and
WHEREAS, on December 19, 2000, the City Council approved revisions to the
grading plan for certain lots in Final Map 12880/TTM 4191-9R for pad elevation
changes, approved Development Review 00-23 to construct single-family homes on the
lots, and approved a Mitigated Negative Declaration for the project; and
WHEREAS, McCullough-Ames Development, Applicant, is requesting approval
to revise the grading plan again for certain lots in Final Map 12880/TTM 4191-9R to
allow pad elevation changes greater than 2 feet from previously approved pad
elevations; and the approval of a Development Review application to construct 10
single-family residences on 60 acres located on Sagecrest Drive in the PC zone; and
WHEREAS, on July 29, 2003, the City Council considered the al:
item.
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) and
Mitigation Monitoring program approved in :h previously approved grading
revisions and the approval of DR 00-23 on December 19, 2000. The previously
approved Mitigation Monitoring Program is contained with this Resolution as Exhibit A.
The project is within the scope of the prior document; therefore, no
additional
Section2: The required findings in compliance with Section 6.1.B of the
Implementing Agreement/California Endangered Species Act (CESA) Memorandum of
Understanding (MOU) approved with the adopted Poway Subarea Habitat Conservation
Plan (PSHCP)/Natural Community Conservation Plan (NCCP) for the proposed project
are hereby made as follows:
The project biological resource mitigation is consistent with and furthers the
implementing objectives of the PSHCP as the mitigation is consistent with the
proposed MND pursuant to Section 1 above. The approved mitigation, which
Resolution No. P-03-44
Page 2
has been adjusted to reflect the lesser impacts associated with the project,
p y preserves and protects, within recorded biological
easement deeds, up to 3.06 acres of off-site habitat of equal or greater
conservation value that lies within the Poway HCP Twin Peaks mitigation
area for any impacts to occupied habitat and 1.07 acres of Coastal Sage
Scrub/Chaparral (CSS/CHP) on the western portion of Lot 388.
The mitigation habitat is appropriately located in the PSHCP mitigation area
to enhance the long-term viability and function of the preserve system in that
the on-site and off-site mitigation habitat areas are within the Twin Peaks
Mitigation Area. Obtaining habitat and open space protection for Twin Peaks
and the adjoining area is a high priority for the City. This will serve to
enhance the preserve system by protecting CSS/CHP habitats.
The mitigation will be to the long-term benefit of the PSHCP covered species
and their habitats in that the mitigation will provide permanent public and
private biological conservation easement deeds that will remain as protected
open space, and the undisturbed Coastal Sage Scrub and Chaparral habitats
within the protected open space will benefit the threatened California
Gnatcatcher as well as otb :1 species" and their habitats found in the
PSHCP mitigar :1 adjacent habitat conservat'
The mitigation will foster the ' implementation of the PSHCP in an
effective and efficient manner in that the on-site mitigation areas are
contiguous and are connected to the Twin Peaks Mitigation Area permanent
open space to the east and north. The on-site mitigation will be set aside by
the project proponent in accordance with the PSHCP and the on-site and off-
site mitigation will conserve and protect a significant amount of biological
open space in the mitigation area in perpetuity.
The mitigation will not result in a negative fiscal impact with regard to the
I 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 and private biological : deeds.
Section 3: 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 the public improvements is needed as a result of
the proposed development to protect the public health, safety and welfare as
identified below:
Resolution No. P-03-44
Page 3
The project requires payment of water, traffic mitigation, drainage, and
school impact fees, which are assessed on a pro-rata basis to finance
and provide public infrastructure imp which promote a safe
and healthy l for the residents of the City.
2. The recreational trail alignment through the property is to be
:1 to City Trail Standards and ' I with the goals and
policies of the Poway General Plan.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal
Code and the performance standards for the PC zone for Development Review 03-02
are made as follows:
The project is consistent with the Poway General Plan and Zoning
Development Code as residential projects are permitted within the Planned
Community land use designation and zoning district.
The project will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties as the design of the
residences for the intended purpose conforms to the criteria of the
Community Design Element of the Poway General Plan and will be
compatible with current and future buildings in the vicinity.
The project encourages the orderly and h 31: :
and property within the City as the use ' : with the architectural and
site design standards in the Poway General Plan and Zoning Development
Code.
Section 5: The City Council hereby approves revisions to the grading plan for Final
Map 12880 and DR 03-02 to construct 8 single-family residences on 80 acres located
on Sagecrest Drive in the Rancho ^rbolitos neighborhood/Planned Community zone, as
shown on the plans dated May 22, 2003, subject to the following conditions:
Within thirty (30) days of this approval, the applicant shall submit in writing, to the
City, that all conditions of approval have been read and understood.
The applicant shall comply with the conditions contained in Resolution No. P-84-
70, P-84-71 and P-00-99.
The grading revisions are found to be in substantial with the
tentative map pad elevations approved by the City Council on October 17, 1991,
and shown on the Grading and Erosion Control Plans approved by the City
Engineer on November 25, 1998. The changes in pad elevation and sizes are
authorized.
Resolution No. P-03-44
Page 4
This approval is based on the existing site conditions represented on the Grading
and Erosion Control Plans dated November 25, 1998. If actual conditions vary
from representations, the proposed Grading and Erosion Control Plans must be
changed to reflect the actual conditions. Any substantial changes to the
proposed Grading and Erosion Control Plans prior to initiation of the grading
changes must be approved by the Director of Development Services and may
require approval of the City Council.
Prior to obtaining a grading permit, unless other timing is indicated, the applicant
shall:
Submit to the City, for review and approval, a precise grading plan,
erosion control plan, pollution prevention plan, grading permit
application and geotechnical report/s to the Engineering Division of the
Development Services Department. The plans shall show the fuel
management zones, the biological conservation easements, and the
recreational trail easement and grading for the trail.
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 applicantJdeveloper shall make
provisions to insure prep all lrol devices.
The, pollution prevention plan SWPPP) shall be made a part
of the precise grading plan. The SWPPP shall provide the erosion,
sedimentation and pollution control to be used during
No slopes shall be created over City-held
recreational trail easement.
including the
The applicant/developer shall pay the following fees and post or pay the
grading securities:
Grading permit, plan checking, inspection and geotechnical review
fees. The grading permit fee shall be paid at first submittal of
grading plans.
b. Posting and/or payment of grading securities.
Submit a request for and then, subsequently, attend a p
meeting with a City Engineering inspector. The applicant/developer shall
be responsible to ensure that all necessary individuals, such as, but not
limited to, contractors, subcontractors, project civil engineer and project
soils engineer, attend the pre-construction meeting.
Resolution No. P-03-44
Page 5
The existing rock outcroppings on or adjacent to the building pads shall be
preserved ~orized t' with a grading permit.
In accordance with the HCP Implementing Agreement, the U.S. Fish and
Wildlife Service, and the California Department of Fish and Game must
:h any modification to the recorded open space easement. The
applicant shall provide written or verbal from these agencies
prior to any habitat disturbance within the existing open si;
=
Submit a landscape plan for the required fuel management zones for
review and approval by the Director of Development Services.
10.
Grading for the lowered pad elevations shall not encroach into any
recorded open si: l, as shown on the grading plan.
11.
Submit a plan for review and approval showing the design of the
recreational trail. The trail shall be a community trail, designed to City
Trail Standards, to the satisfaction of the Director of Public Works and the
Director of Development Services.
12.
Comply with the project's Mitigation Measures, as specified in Exhibit A of
this Resolution, to the sat ~ :the Director of Development Services
F. Prior to or during
~imp
the applicant shall:
Grading of the project shall be in substantial with the
approved development plan and in accordance with the Uniform Building
Code, City Grading Ordinance, and City Stormwater Management and
Discharge Control Ordinance.
Erosion control shall be provided for all operations. The work
shall be in accordance with the submitted erosion control plan, and/or
other additional as required by the inspector. The developer
shall maintain all erosion control devices throughout their intended life.
A Right-of-Way permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in public
street rights-of-way or City-held easements.
=
The proposed limits of clearing for fuel management zones shall be staked
and flagged with ribbon identifying the boundary between Zone 2 (thinned
native vegetation) and Zone 1 (undisturbed native vegetation).
Retain a qualified biologist on-site to monitor the staking and flagging of
the fuel management zone limits, and during the clearing and thinning of
habitat.
Resolution No. P-03-44
Page 6
Grading for the lowered pad shall not encroach into any
recorded open si: as shown on the grading plan.
Prior to obtaining a building permit, the applicant shall:
The plans submitted for each lot shall comply with the Zoning Ordinance
and all other applicable City Ordinances in effect at the time of building
permit issuance. The project shall comply with the p ' ' ~ Final Map
12880/Tentative Tract Map 4191-9R and the Rancho Arbolitos Planned
Community (PC) zone for building setbacks. The building plans shall
depict the exterior materials and colors in muted earth tones to reduce
their p on the hillside, to the satisfaction of the Director of
Development Services.
The architectural designs shall include "Country French" and "California
Country". The concept designs may be modified as allowed by the
Director of Development Services.
Building plan check submittals shall indicate that all buildings are one
story, not exceeding 25 feet in height.
Record a deed covenant for all 10 lots that any tennis courts or other
types of recreational courts are to remain unlighted. The form and content
of th I shall be satisfactory to the City Attorney.
Provide verification of the payment of school fees to the Planning/Building
Divisions. School impact fees shall be paid to the satisfaction of the
Poway Unified School District per the prior agreement. PI : the
Poway School District for additional information at (858) 748-0010, ext.
2089.
The Affordable Housing In-Lieu Fee shall be paid for each house
according to the formula adopted per Section 17.26.300 of the Poway
Municipal Cod .~ ry housing requirements.
Provide evidence of purchase, at a 2:1 mitigation, of 3.06 acres of off-site
habitat of equal or greater value that lies within the Poway HCP Twin
Peaks mitigation area for any impacts to occupied habitat. If the applicant
is unable to acquire habitat within the Twin Peaks mitigation area, the
Director of Development Services may authorize a mitigation area
elsewhere within the Poway HCP mitigation area. A biological
conservation easement for the off-site habitat acquisition shall be
prepared to the satisfaction of the City Attorney and a copy of the
recorded document provided to the City.
10
11.
12.
13.
14.
Resolution No. P-03-44
Page 7
Provide evidence of recordation of a biological easement for
the 1.07 acres of CSS on the western portion of Lot 388 and show the
easement on the grading plan. The form and content of the easement
shall b : 7 to the City Attorney.
Record a biological conservation easement over the recorded open space
easement as additional notice to adjoining property owners of its purpose.
The form and content of the easement shall'be satisfactory to the City
Attorney. A copy of the recorded document shall be provided to the City.
Completion of and approval by the City of rough grading of each lot.
A soils compaction report shall be prepared by an engineer licensed by
the State of California to perform such work, and shall be submitted with
the building plans.
City approval of a certification of line and grade issued and prepared by
the project's civil engineer.
Completion of fire hydrant]s and appurtenances installation on Sagecrest
Drive, to the satisfaction of the Fire Marshal. if the hydrant locations differ
from what was previously approved on the improvement plans for Final
Map 12880/TTM 4191-9R, the improvement plans shall be modified or a
new set of plans shall be prepared for review and approval by the City.
Applicable plan checking and inspection fees shall be paid and securities
posted prior to plan approval. Prior to the Engineering Division's approval
for issuance of a building permit, Safety Services approval shall be
obtained.
Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding follows and are subject to
change without further notice. The amounts to be paid shall be those in
effect at time of payment.
Water base capacity fee - Paid - for %" meter (Note: If size of meter is to
be changed to 1" because of fire sprinkler requirement as imposed by the
City Fire Marshal, no additional water base capacity fee shall be paid. But
if the existing %" meter is to be upsized for reasons other than fire
sprinkler requirement, then additional fee shall be paid in accordance with
the following schedule per Resolution No. 91-123:
For 1" meter
For 1%" meter
Oth
= $ 6,678.00 per meter
= $10,388.00.00 per meter
= Contact Engineering Division
Resolution No. P-03-44
Page 8
Water meter fee (Resolution No. 91-123)
For 1" meter = $ 270.00 per meter
For 1¼" meter = $ 600.00 per meter
Otb = Contact Engineering Division
SDCWA capacity charge - Paid (Subject to verification) - for %" meter
Note: If size of meter is to be changed to 1" because of fire sprinkler
requirement as imposed by the City Fire Marshal, no additional SDCWA
base capacity charge shall be paid. But if the existing %" meter is to be
upsized for reasons other than fire sprinkler requirement, then additional
fee shall be paid in accordance with the following schedule. This schedule
of fees is currently in effect and is subject to change without notice.
For 1" meter
For 1¼" meter
Oth
= $2,994.00 per meter
= $5,613.00 per meter
= Contact Engineering Division
S lion fee
= $11,780.00 (10 lots x $1,178 each.
Represents 50% balance of fee)
fee = $500.00 = (10 lots x $50.00 p l)
inspection fee
= $250.00 = (10 lots x $25 per
cleanout)
Traffic mitigation fee = $9,900.00 = (10 lots x $990)
Park fee = Exempt (See Schedule A - Standard
Agreement for TTM 4191-9R, dated 3/15/91 )
Drainage fee
= $12,000.00 (10 lots x $1,200)
15.
L plumbing fixtures and Iow-flow water irrigation shall be
installed within the new residences and surrounding landscaping.
16.
Complete of recreational trail improvements for the
community trail designed to City Trail Standards and record a trail
easement over the trail. Prepare and record an easement document to
the satisfaction of the Director of Development Services. The form and
content of the easement document shall be to the satisfaction of the City
Attorney. A copy of the recorded document shall be provided to the City.
Prior to occupancy, the applicant shall:
Complete grading improvements for each new house in
City-approved grading plans.
with
Resolution No. P-03-44
Page 9
2. Obtain City approval of record drawings of the grading plans.
3. Driveways and all drainage imp
inspected by the Engineering Inspector.
shall be completed and
Existing and proposed utilities within each lot shall be
underground along with utility appurtenances. 'The associated
shall be shown on the site plan.
installed
The locations of future utility boxes, cabinets, or shall be shown
fully d' :1 and may be required to be screened to the satisfaction
of the Director of Development Services.
If a water booster pump is required, submit a deposit for the annual
maintenance fee for the water booster pump prior to occupancy of Lots
391,392, 393, and 394 in an amount satisfactory to the Director of Public
Services. The fee (estimated to be $600 to 1,000 for the first year) is to be
paid by the property owners of the 10 lots.
The following improvements shall be constructed to the satisfaction of the
Director of Safety Services:
Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant and roof
covering materials, per U.B.C. Section 3202 (e) and per City of Poway
Ordinance No. 64.
Approved numbers or addresses shall be placed on the building in
such a position as to be plainly visible from the street fronting the
property. Said numbers shall contrast with their background. Address
shall be required at private driveway entrances.
Each chimney in
with a spark arrester.
with any fireplace shall be
Dead end access roadways in excess of 150 feet long shall be
provided with approved previsions for the turning around of Fire
Department apparatus. Curves and topographical conditions could
alter the requirements for turnarounds and the width of ,Vs.
The access roadway shall be extended to within 150' of all portions of
the exterior walls of the first story of any building. Where the access
roadway cannot be provided, approved fire protection system(s) shall
be provided as required and approved by the Section Chief.
Resolution No. P-03-44
Page 10
A residential fire sprinkler system with a one-inch meter will be
required. Plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (If a one-inch lateral off the street main is
currently not present, one will have to be installed.)
Fuel management zones are to extend a minimum of 100 feet from
structures.
Sufficient water pressure from existing hydrants (20 lbs. per square
inch (P.S.I.) residual at 1,500 gallons per minute (G.P.M.)) shall be
provided for firefighting purposes.
J. Within 60 days of the approval of the revised grading for Final Map 12880/TTM
4191-9R and DR 03-02, and prior to the sale of any of the lots, the applicant shall
record a deed covenant, in the favor of the City, limiting structures on the lots to
one story, not exceeding 25 feet in height. The form of the covenant shall be
subject to the approval of the City Attorney.
Section 6: The approval of the revised grading for Final Map 12880FI'TM 4191-9R
expires on July 29, 2005, at 5:00 p.m. unless a grading permit pursuant to this approval
is issued or, within 60 days of the expiration of this approval, a request for a time
extension is submitted to the Development Services Department and a time extension is
granted.
Section 7: Development Review 03-02 to build eight homes expires on July 29,
2005, at 5:00 p.m., unless a building permit has been issued and construction in
this approval h J prior to this date.
Section 8: Pursuant to G t 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 July 29, 2003.
PASSED, ADOPTED and APPROVED by the City Council of th,e/City of Poway,
State of California, at a regular meeting this 29~
~. Caf~ Mayor
ATTEST:
~'~L~rri% e~P~e o p I e s, C Cl~r~'
Resolution No. P-03-44
Page 11
STATE Of CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-03-44, 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:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
nne Peoples, City Clerk
City of Poway
Resolution No. P-03-44
Page 12
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR REVISION TO GRADING PLAN FOR FINAL MAP '12880/
TENTATIVE TRACT MAP 4'19'1-9R AND DEVELOPMENT REVIEW 00-23
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
I. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This mitigation monitoring program has
been prepared in accordance with Section 21081.6 of the Public Resoumes 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.
1. BIOLOGY
Impact: In order to create fuel management zones to comply with the
City's Landscape Standards, the estimated encroachment into the
recorded open space easement is 6.87 acres of Coastal Sage Scrub
(CS$) and Chaparral (CliP) habitats. An area of 1.07 acres of CSS and
CHP habitat is being offered on-site that is not within the recorded open
si; l for a net encroachment of 5.8.acres.
Provide a 2:1 mitigation ratio of 11.6 acres of off-site habitat of
equal or greater conservation value that lies within the Poway HCP
Twin Peaks mitigation area for any impacts to occupied habitat.
Record a biological conservation easement for the off-site habitat
acquisition. If the final building envelope, siting of the dwelling units
and outbuildings and brush management for fire protection yield a
lesser amount than the 5.8 acres (to be mitigated at a 2:1 basis),
the amount of off-site habitat mitigation will be reduced
proportionately.
Provide a biological conservation easement for the 1.07 acres of
CSS/CHP on th portion of Lot 388 in a form acceptable to
the Director of Development Services.
Resolution No. P-03-44
Page 13
In accordance with the HCP Implementing Agreement, the U.S.
Fish and Wildlife Service and the California Department of Fish and
Game must concur with any modification to the recorded open
space easement. The City must obtain written or verbal
from these agencies prior' to any habitat disturbance
within the existing open sp t.
Record a biological conservat' : over the recorded open
sp : as additional notice to adjoining property owners
of its purpose.
The proposed limits of clearing for fuel management zones shall be
staked and flagged with ribbon identifying the boundary between
Zone 2 (thinned native vegetation) and Zone 1 (undisturbed native
vegetation).
Retain a qualified biologist for on-site monitoring of the staking and
flagging of the fuel management zone limits and during the clearing
and thinning of habitat.
The fuel management zones shall comply with Section 6 of the City
Landscape Standards.
Responsibility: Applicant/Qualified Biologist
Inspection: Project Planner/Engineering Inspector
Financial: Covered by Applicant; deposit to City to cover any third party
consultants needed; e.g., consulting biologist to verify impl~ ' of
Mitigation Monitoring Program