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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