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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 - Resolution No. P-02-48 Page 2 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. - Resolution No. P-02-48 Page 3 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 - Resolution No. P-02-48 Page 4 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: - Resolution No. P-02-48 Page 5 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. - Resolution No. P-02-48 Page 6 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. - Resolution No. P- 02-48 Page 7 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 ( - Resolution No. P-02-48 Page 8 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 -