Res P-02-48
RESOLUTION NO. P-02-48
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 02-01
ASSESSOR'S PARCEL NUMBERS 314-060-06, 314-131-10 and 11,
and 314-132-07
WHEREAS, Tentative Parcel Map 02-01, submitted by Pacific Scene
Homes, Applicant, to subdivide a 4.8-acre property into 2 parcels located at
13940 Pomerado Road on property with split, Rural Residential-C (RR-
C)/Residential Single-Family-7 (RS-7) zoning; and
WHEREAS, on August 20, 2002 the City Council held a public hearing on
the above-referenced 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 resolve as follows:
Section 1: The City Council has considered the Environmental Initial Study
(EIS), Mitigated Negative Declaration (MND), and associated Mitigation
Monitoring Program shown as Exhibit A of this Resolution for Tentative Parcel
Map 02-01. The subject EIS and MND documentation are fully incorporated
herein by this reference. 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 environment, that the mitigation measures contained in the EIS
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 Habitat Conservation Plan (Poway
HCP), a biological report prepared by REC Consultants, dated April 23, 2002,
was submitted for the property. The project will impact approximately 0.68 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 02-01 are as follows:
A. The proposed project is outside of the Mitigation Area of the Poway HCP.
The mitigation is consistent with and furthers the implementing objectives
of the Poway HCP in that the applicant will mitigate impacts to 0.68 acres
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Resolution No. P-02-48
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of Coastal Sage Scrub habitat at a 2: 1 ratio, or 1.36 acres. 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.
B. 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 and/or payment of in-lieu fees will serve to enhance the long-
term viability and function of the preserve system.
C. The habitat preserved through offsite dedication or purchased by
mitigation in-lieu fees paid will be to the long-term benefit of the Poway
Subarea Habitat Conservation Plan (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
resources, habitat linkages, buffers, and wildlife corridor.
D. The preserved habitat will foster the incremental 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.
E. The preserved habitat will not result in a negative fiscal impact with regard
to the successful 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 3: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 02-01, are
made as follows:
A. The Map is consistent with the General Plan in that the proposed lot sizes
comply with the RR-C and RS-7 zoning standards and General Plan
designation standards.
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Resolution No. P-02-48
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B. The Map is consistent with the General Plan in that the proposed lot,
where exceeding the maximum 3:1 lot depth to lot width ratio, is deemed
an unusually shaped lot which is necessary to ensure the preservation of
areas of significant community importance as open space.
C. The Map is consistent with the General Plan in that a pedestrian route is
being provided through the site to connect residential neighborhoods to
the north and northeast of the site with the Meadowbrook School, which
will formalize a route that has historically been used by neighborhood
children.
D. The site is physically suitable for this type of development in that the site is
located within an area of residential and semi-public development/uses.
E. The site is physically suitable for the density of the development in that the
proposed 2.69-acre lot exceeds the 2-acre minimum required in the RR-C
zone, given the site's 19.3 percent slope.
F. The design of the Parcel Map is not likely to cause substantial
environmental damage, and avoidable injury to humans and wildlife or
their habitat in that the conditions of approval assure that any impacts
associated with the project will be mitigated to a level of insignificance.
G. The approval is not likely to cause serious public health problems in that
City water and sewer service are available to the site.
H. The design of the Tentative Parcel Map will not conflict with any easement
acquired by the public at large, now of record, for access through or use of
the property within the subdivision in that the development of single-family
residences on the proposed lots can be accommodated without
obstructing or otherwise impacting existing or required easements.
Section 4: The findings, in accordance with Government Code Section 66020
for the public improvements, are made as follows:
A. 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 are in place and
a public trail will be constructed with the project and sewer fees will be
paid.
Section 5: The City Council hereby approves Tentative Parcel Map 02-01 to
subdivide a 4.8-acre parcel property located at 13940 Pomerado Road into two
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Resolution No. P-02-48
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parcels, as shown on the Tentative Parcel Map dated July 14, 2002, subject to
the following conditions:
A. Within 30 days of the date of this approval, the applicant shall submit in
writing that all conditions of approval have been read and understood.
B. The site shall be developed in accordance with the approved Tentative
Parcel Map on file in the Development Services Department.
C. Future physical development of the site with a single-family home is
subject to the Minor Development Review (MDRA) process. An MDRA
application and fees shall be submitted to the Planning Division for
processing and approval.
D. Approval of this request shall not waive compliance with all sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the
time of Building Permit issuance.
E. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Development Services.
F. Prior to recordation of the Parcel Map, unless other timing is indicated, the
applicant/subdivider shall comply with the following conditions.
1. Within 30 days after City Council approval of the Tentative Parcel
Map, the subdivider shall make a reservation for a sewer letter of
availability for one Equivalent Dwelling Units (EDU) and pay the
City a non-refundable sewer connection fee of $471.20.
2. Within 30 days after Parcel Map approval, the subdivider shall pay
the City an additional 30% sewer connection fee of $706.80. The
remaining balance of sewer connection fee shall be paid prior to
Building Permit issuance.
3. The applicant shall provide the City with a copy of a recorded
access and utility easement/s within that portion of Lot 8, Map No.
14213 for the benefit of the proposed Parcel 1 of this Tentative
Parcel Map subdivision. The width of the easement/s shall be
adequate to meet minimum City standards required for access
road, utility lines, and driveway construction.
4. The following easement shall be dedicated to the City of Poway:
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Resolution No. P-02-48
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a. An easement for public pedestrian access, a minimum width
of 10.00 feet wide, within that portion of Lot 8, Map No.
14213. Said easement shall be from the northerly terminus
of Eisenhower Avenue to the northerly property lot line of
said Lot 8. This easement shall be recorded prior to
recordation of the Parcel Map.
b. An easement for public pedestrian access, a minimum width
of 10.00 feet wide within Parcels 1 and 2 of this subdivision,
from the northerly terminus of the easement stated in Item A
above to the cul-de-sac at the southern end of Halper Street.
This portion of the easement shall be offered and accepted
through the Parcel Map.
c. Applicant/subdivider shall improve the public pedestrian
access with a minimum of 6-inch depth of compacted
decomposed granite surfacing, the grading of which shall be
to the satisfaction of the City Engineer. A grading plan,
approved by the City, may be required prior to construction
of the improvements.
5. Submittal of a Parcel Map to the City for review and approval. The
Parcel Map shall conform to City standards and procedures, the
City Subdivision Ordinance, the Subdivision Map Act, the Land
Surveyors Act, the Resolution as approved by the City Council and
shall be in substantial conformance with the approved Tentative
Parcel Map. Appropriate map review fee shall be paid at time of
submittal.
6. Post a cash deposit to the City, an amount equivalent to $100.00
per sheet of the Parcel Map, for the photo mylar reproduction of the
recorded Parcel Map. If applicant/developer provides the City with
the photo mylar copy of the recorded Parcel Map within 3 months
from recordation or prior to Building Permit issuance to Parcel 1,
whichever comes first, said cash deposit shall thereafter be
refunded to the depositor.
7. Within 60 days after Parcel Map recordation or prior to Building
Permit issuance whichever comes first, the applicant shall provide
the City with a photo mylar copy of the recorded Parcel Map.
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Resolution No. P-02-48
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8. "No Parking" signs shall be installed along the perimeter of the
Halper Drive cul-de-sac, to the satisfaction of the Director of
Development Services and the Fire Marshal.
G. Prior to the issuance of a Grading or Administrative Clearing Permit the
applicant shall:
1. Mitigate for impacts to approximately 0.68 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
conservation 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 in-lieu fee is $10,000/acre.
2. The grading 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 April 2002 biological resources report
prepared by REC Consultants and provide recommendations for
any additional protection measures to be implemented to insure
that the sensitive biological resources beyond the limits of grading
are protected. Said additional recommendations shall be
implemented to the satisfaction of the Director of Development
Services.
3. Grading of the subject property shall be in accordance with the
Uniform Building Code, City Grading Ordinance, approved grading
plan and accepted grading practices.
Section 6: The approval of this Tentative Parcel Map expires on August 20,
2004, 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 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 by the City
Council prior to the expiration date.
Section 7: Pursuant to Government 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
August 20, 2002.
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Resolution No. P- 02-48
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PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, State of California, at a regular meeting this 20th day of August 2002.
ATTEST:
. "
ct~~ 0^'^-o ¥O~'/)~
Lori ~nne Peoples, City Cle k
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-02-48 was
duly adopted by the City Council at a meeting of said City Council held on the
20th day of August 2002 and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA, REXFORD
(
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Resolution No. P-02-48
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EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR TENTATIVE PARCEL MAP 02-01
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
environment. 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 construction, 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.
Topic Mitigation Measure Timing Responsibility
Biological a. Mitigate for impacts to approximately 0.68- a. Prior to a. Applicant
Resources acres of Coastal Sage Scrub pursuant to the issuance of
poway HCP at a minimum 2:1 ratio. Mitigation an Admin-
shall be accomplished through dedication of a istrative
biological conservation easement over like, Clearing or
unencumbered similar quality habitat or payment Grading
of a habitat mitigation in-lieu fee. Permit
m:lplanningl02reportltpmltpm 0201 res.doc
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