Res P-03-75
RESOLUTION NO. P-03-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
(STATE CLEARINGHOUSE NO. 2001121009) FOR THE HIDDEN VALLEY PROJECT,
ADOPTING CANDIDATE CEQA FINDINGS. ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM, AND APPROVING GENERAL PLAN
AMENDMENT (GPA) 01-02, SPECIFIC PLAN (SP) 01-02, TENTATIVE TRACT MAP
(TIM) 00-02, AND CONDITIONAL USE PERMIT (CUP) 01-05.
ASSESSOR'S PARCEL NUMBERS (APN): 277-070-33, 277-080-03, AND 277-080-22
WHEREAS, Ed and Barbara Malone, Applicant, have filed development
applications concerning the proposed Hidden Valley Ranch Project ("Project") located
on the east side of Old Coach Road north of and adjacent to the Blue Sky Ecological
Reserve; and
WHEREAS, the Project consists of the Final Environmental Impact Report (Final
EIR, State Clearinghouse No. 2001121009), and GPA 01-02, Zoning Ordinance
Amendment (ZOA) 01-04, SP 01-02, TTM 00-02, and CUP 01-05 applications affecting
Assessor's Parcel Numbers (APN) 277-070-33,277-080-03, and 277-080-22; and
WHEREAS, the Project is a proposal for a 41-unit, detached, single-family home
(40 new, 1 existing), master-planned neighborhood on approximately 420 acres located
east of Old Coach Road and north and adjacent to the Blue Sky Ecological Reserve in
the Rural Residential A (RR-A) zone. The project involves the following: (1) A General
Plan Amendment to change the existing General Plan Land Use designation of the site
from RR-A to Planned Community (PC) to allow for the development of a master-
planned residential neighborhood with minimum lot sizes as small as 1-net acre in a
"clustered" configuration, which does not exceed the allowable residential density of the
existing RR-A General Plan Land Use designation; (2) a Zoning Ordinance Amendment
to change the existing zoning designation of the site (to be consistent with the proposed
General Plan designation) from RR-A to PC to allow for the development of a master-
planned residential neighborhood with minimum lot sizes as small as 1-net acre in a
"clustered" configuration, which does not exceed the allowable residential density of the
existing RR-A zoning designation; (3) A Specific Plan to establish the development
plan/development standards of the master-planned residential neighborhood; (4) a
Tentative Tract Map to subdivide the approximate 420-acre site into 41 "numbered" lots,
which range in size from 1-net acre to 8.8-net acre (with one lot at 257 acres) for the
purpose of constructing 40 homes, and 3 "lettered" lots ranging in size from 14.3 to 23.9
acres in size (with a combined total area of 57.5 acres) for the purpose of permanently
preserving existing natural open space areas and currently disturbed open space areas
which are proposed to be restored; and (5) a Conditional Use Permit to establish a
private 9-hole golf course.
WHEREAS, on April 7, 2003, a Notice of Completion of the Draft EIR was filed
with the State Clearinghouse and distributed to those public agencies which have
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jurisdiction by law with respect to the Project and to other interested persons and
agencies, and written comments of such persons and agencies on the Draft EIR were
sought; and
WHEREAS, written comments on the Draft EIR were received during a 45-day
public review period from April 9, 2003, through May 27, 2003, and the Draft EIR was
revised to include changes suggested, where appropriate. The City of Poway, acting as
the CEQA Lead Agency, has completed the Final EIR (State Clearinghouse No.
2001121009), including the preparation of responses to public comments received on
the Draft EIR, in accordance with the California Environmental Quality Act (CEQA), the
Guidelines for the implementation of CEQA, and local procedures to implement CEQA
adopted by the City of Poway; and
...
WHEREAS, a duly noticed and advertised public hearing was held by the City of
Poway City Council on November 18, 2003, to consider the Final EIR and the proposed
Project in accordance with the California Government Code and the California
Environmental Quality Act, and all interested persons expressing the desire to comment
having been heard, and said Final EIR and all public comments received and responses
thereto have been considered by the City Council; and
WHEREAS, the City Council acting as the CEQA Lead Agency, has
independently reviewed and considered all public comments received and responses
thereto, and all environmental documentation comprising the Final EIR; and
WHEREAS, the City Council acting as the CEQA Lead Agency, hereby finds that
the Final EIR analyzes all potential environmental effects of the proposed Project,
recommended mitigation measures, a reasonable range of project alternatives, and a
Mitigation Monitoring and Reporting Program pursuant to CEQA for the implementation
of the Project, and finds that the Final EIR is complete and adequate and fully complies
with all requirements of CEQA; and
WHEREAS, Section 21081 of the CEQA Statutes and Section 15091 through
15093 of the CEQA Guidelines requires that when a Final EIR identifies one or more
significant effect of the project the decision-maker make written findings specified
therein prior to the approval of the project; and
WHEREAS, the City Council has read and considered the Final EIR and has
considered other evidence presented at the public hearing concerning the Final EIR and
the proposed Project application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway, as follows:
Section 1: The City Council finds that the Final EIR reflects the independent
judgment of the City Council and hereby certifies that the Final EIR document is
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complete and adequate for the proposed Project, and that said document fully complies
with the CEQA Statutes, the CEQA Guidelines, and related local implementation
procedures. The Final EIR consists of the revised Draft EIR, Mitigation Monitoring and
Reporting Program, and responses to public comments received. The Final EIR is fully
incorporated herein by this reference.
Section 2: The City of Poway, as lead agency and decision-maker, having reviewed
and considered the information contained in the Final EIR for the Project and the public
record, finds that there are changes or alterations to the project which avoid or
substantially lessen the identified significant environmental impacts; specifically,
implementation of the mitigation measures as contained in the Final EIR and detailed
within Exhibit A - Candidate CEQA Findings (Statement of Facts) and within Exhibit B -
Mitigation Monitoring and Reporting Program attached hereto and fully incorporated
herein by this reference.
Section 3: The City Council hereby adopts, by this Resolution, the Findings required
by CEQA Guidelines Sections 15091-15093 and said Findings are attached hereto as
Exhibit A - Candidate CEQA Findings (Statement of Facts) and are fully incorporated
herein by this reference. The City Council finds that all identified significant effects of
the proposed Project that can be avoided or feasibly mitigated have been reduced to a
level of less than significance with the imposition of recommended mitigation measures
contained in the Final EIR and its Mitigation Monitoring and Reporting Program
(MMRP). The City Council hereby adopts the MMRP contained in the Final EIR, and as
attached hereto as Exhibit B, and said MMRP is fully incorporated herein by this
reference.
Section 4: The City Council finds that the Final EIR has described and analyzed a
reasonable range of alternatives to the Project. The City Council further finds that the
alternatives to the Project have been rejected as infeasible, based on specific
economic, social or other considerations as set forth in the Candidate CEQA Findings
(Statement of Facts) attached hereto as Exhibit A and the Final EIR.
Section 5: Upon certification of the Final EIR and approval of the Project, the City
Clerk is hereby directed to file a Notice of Determination with the County Clerk of San
Diego County and the Office of Planning and Research, and shall certify the adoption of
this resolution. The Director of Development Services is hereby directed to distribute
the Final EIR in accordance with CEQA.
Section 6: The required findings in compliance with Section 6.1.B of the
Implementing AgreemenUCESA MOU approved with the adopted Poway Subarea
Habitat Conservation Plan/NCCP Plan (PSHCP) for the proposed map project are
hereby made as follows:
A. The project biological resource mitigation is in full compliance with the
compensation mitigation requirements and compensation mitigation ratios of the
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adopted and approved PSHCP. The project biological resource mitigation is
consistent with and furthers the implementing objectives of the PSHCP in that the
mitigation is consistent with the PSHCP and the certified Final EIR pursuant to
Section 1 above.
The approved mitigation permanently preserves and protects within recorded
biological conservation and open space easements a combined total of 57.5
acres of on-site sensitive habitats (Le., either existing habitat, or disturbed habitat
areas proposed to be restored with the project) within the PSHCP Mitigation
Area.
B. Additional mitigation requirements are identified in the Final EIR, including
compliance with the permitting requirements of the identified "Responsible
Agencies", including the U.S. Army Corps of Engineers, the California Regional
Water Quality Control Board, and the California Department of Fish and Game.
C. 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
mitigation habitat is entirely within the Mitigation Area which will also preserve
more than 80% of the existing native habitat located within the Proposed
Resource Protection Areas (PRPA) 6 and 7, as follows: 82% of Diegan Coastal
Sage Scrub, 98% of Coastal Sage/Chaparral scrub, 100% of Southern Mixed
Chaparral, 96% of Southern Coast Live Oak Riparian Forest, and in the
aggregate 97% of Willow Woodlands, Freshwater Marsh, Open Water and
Disturbed Wetlands. This will serve to enhance the preserve system by
protecting the on-site Oak Riparian Forest tributary drainage and occupied
upland Coastal Sage Scrub habitats on-site. Additionally the project will result in
enhanced wildlife movement through the project site along the Sycamore Creek
Wildlife Corridor, which connects the Blue Sky Ecological Reserve located south
of the site with preserved areas which are part of the Heritage I and II projects.
The project proposes to preserve existing habitat and restore and preserve
disturbed habitat along Sycamore Creek, thereby enhancing and widening the
wildlife corridor.
D. The mitigation will be to the long-term benefit of the PSHCP covered species and
their habitats in that the mitigation will provide permanent biological conservation
and open space easement deeds that will ensure that certain areas of the site
remain as protected open space, and the undisturbed and restored habitat area
within the protected open space will benefit the threatened California
Gnatcatcher, as well as other "covered species" and their habitats, found in the
PSHCP Mitigation Area and adjacent habitat conservation areas.
E. The mitigation will foster the incremental implementation of the PSHCP in an
effective and efficient manner in that the on-site mitigation will be set aside by the
project applicant in accordance with the PSHCP; and the on-site mitigation and
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other open space areas will conserve and protect a significant amount of
biological open space in the Mitigation Area in perpetuity.
F. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP in that the subject mitigation and other
open space lands will be dedicated to the City of Poway in fee title and/or placed
within permanent public and private biological conservation easement deeds.
G. Consultation with the Wildlife Agencies on the project, including consultation as
required pursuant to the PSHCP on the project's proposed water reservoir which
has been sited in the agricultural groves, has been conducted.
Section 7: The findings for General Plan Amendment (GPA) 01-02 are hereby made
as follows:
A. The General Plan Amendment to change the land use designation of the site
from Rural Residential A (RR-A) to Planned Community (PC) is consistent with
the General Plan in that the change of land use designation will not result in any
increase in land use density or intensity beyond that which is allowable under the
RR-A land use designation; and
B. The General Plan Amendment will allow the project to cluster residential units on
minimum 1-net acre lots, thereby enabling the preservation of large blocks of
natural habitat areas in permanent open space; and
C. The General Plan Amendment will enable the implementation of a higher quality,
master-planned residential neighborhood in that residential units will be clustered
thereby preserving natural habitat areas in permanent open space; and
D. The General Plan Amendment will enable the implementation of a higher quality,
master-planned residential neighborhood in that the project will provide a public
recreational trail which has been designed to provide the highest possible degree
of general public access, thereby creating a community wide benefit in terms of
recreational opportunity and visual access to preserved open space.
Section 8: The findings in accordance with Chapter 17.47 (Specific Plans) of the
Poway Municipal Code for the Hidden Valley Ranch Specific Plan (SP 01-02), as it may
be revised by the Conditions of Approval, are hereby made as follows:
A The Specific Plan is consistent with the General Plan in that the cluster
subdivision design, with a total of 41 lots on 420 acres of land that has an
average natural slope of 21 %, is consistent with the density limitation of the Rural
Residential A General Plan land use designation and RR-A zoning designation
and thereby enables the preservation of large blocks of natural habitat areas in
permanent open space.
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B. The Specific Plan is consistent with the poway Municipal Code in that the
development and design standards set forth, including those relating to building
setbacks, building heights, and architectural and landscape design, meet or
exceed minimum City standards.
C. The Specific Plan will enable the implementation of a higher quality master-
planned residential neighborhood in that the project clusters residential units,
with 1-net acre minimum lot sizes, thereby preserving large blocks of natural
habitat in permanent open space; and
D. The Specific Plan will enable the implementation of a higher quality, master-
planned residential neighborhood in that the project provides a public
recreational trail which has been designed to provide the highest possible degree
of general public access, thereby creating a community wide benefit in terms of
recreational opportunity and visual access to preserved open space.
Section 9: The findings in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Tract Map 00-02 ("Map"), as it
may be revised by the Conditions of Approval, are made as follows:
A. The Map is consistent with the General Plan in that the cluster subdivision
design,. with a total of 41 lots on 420 acres of land that has an average natural
slope of 21 %, is consistent with the density limitation of the Rural Residential A
General Plan land use designation; the cluster subdivision design enables the
preservation of large blocks of natural habitat areas in permanent open space;
and the subdivision design provides a public recreation trail.
B. The site is physically suitable for the type of development proposed in that the
project has been designed to comply with the density limitations of the General
Plan, hillside development standards, and requirements of the Poway Municipal
Code.
C. The site is physically suitable for the density of the development proposed in that
the lot sizes and configurations have been designed to make allowances for the
steep topography of the site.
D. The design of the Map is not likely to cause substantial environmental damage or
avoidable injury to humans and wildlife or their habitat in that the project
development would not cause unavoidable adverse conditiOns to humans and
the project is in compliance with the Poway Subarea Habitat Conservation Plan.
E. The Map is not likely to cause serious public health problems because City
water, sewer, and drainage system improvements are required as a condition of
approval.
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F. The design of the 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
proposed subdivision.
G. The Map will not create any unmitigated adverse significant impacts on the
environment.
H. The grading plan for the proposed Map includes several cut or fill slopes that are
30 feet or greater, but not exceeding 40 feet in vertical height. The City Grading
Ordinance requires City Council approval of all fill slopes of such height. The
City Council finds that such slopes are reasonable and necessary to develop the
Project, and therefore, such slopes are hereby approved.
Section 10: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
A. The design and improvements of the Map 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 public
improvements is needed as a result of the proposed development to protect the
public health, safety and welfare as identified below:
1. On-site and off-site drainage improvements will be provided for the
increase in surface water runoff.
2. New fire hydrants will be required to serve the new development and
provide fire protection.
3. Water and sewer fees shall be paid, and on-site and off-site improvements
made to provide water and sewer service to the development.
4. Access to the site will be provided in accordance with City standards and
to ensure adequate emergency access.
5. A public recreational trail will be provided through the project site to
connect the existing public trail on Old Coach Road to the west of the site,
with existing trails to the south of the site in the Blue Sky Ecological
Reserve, thereby providing a community wide recreational amenity.
Section 11: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for the approval of CUP 01-5 are made as follows:
A The proposed location, size, design and operating characteristics of the private
golf course on a single-family lot as an ancillary single-family recreational use is
in accordance with the title and purpose of Section 17.48.070 of the poway
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Municipal Code, the purpose of the zone in which the site is located, the City
General Plan and the development policies and standards of the City.
B. The private golf course on a single-family lot as an ancillary single-family use has
been designed to comply with the Poway General Plan and Municipal Code, and
will not impact surrounding development. Therefore, the location, size, design
and operating characteristics of the proposed use will be compatible with and will
not adversely affect or be materially detrimental to adjacent uses, buildings,
structures. or natural resources.
C. There are public facilities, services, and utilities available to the site.
D. The private golf course on a single-family lot as an ancillary single-family use has
been designed to comply with the Poway General Plan and Municipal Code
standards and the use will be compatible with surrounding development.
Therefore, there will be no harmful effect upon desirable neighborhood
characteristics.
E. The private golf course on a single-family lot as an ancillary single-family use will
not result in a significant impact on the character or the intensity of the
transportation system in the vicinity and is found to be consistent with the
Circulation Element of the General Plan in that it is a private course on a single-
family lot.
F. The use involves no hazardous materials or processes, nor does it significantly
affect natural resources. Therefore, there will not be significant harmful effects
upon environmental quality and natural resources.
G. There are no other relevant negative impacts of the proposed use that cannot be
mitigated.
H. The proposed location, size, design, and operating characteristics of the
proposed use and the conditions under which it would be operated or maintained
will not be detrimental to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity nor be contrary to the
adopted General Plan.
I. The proposed use will comply with each of the applicable provisions of Section
17.48.070 of the Poway Municipal Code with regard to current development
standards.
Section 12: The City Council hereby approves 1) General Plan Amendment 01-02,
changing the General Plan land use designation on the approximate 420-acre site
located on the east side of Old Coach Road, north of and adjacent to the Blue Sky
Ecological Reserve, as shown on the map included as Exhibit C, from Rural Residential
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A to Planned Community to allow a minimum lot size of one net acre with no increase to
the allowable density of the RR-A zone; 2) Specific Plan 01-02; 3) Tentative Tract Map
00-02 to create 41 residential lots; and 4) Conditional Use Permit 01-05 to allow a 9
hole private golf course as an ancillary use to the existing single family residence, as
shown on the Tentative Tract Map (dated October 4, 2002) and the Specific Plan (dated
February 2003) on file with the City, except as may be modified herein, subject to the
following Conditions of Approval:
A This approval is not inclusive of 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.
B. 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.
C. The approval of GPA 02-01 shall become effective prior to the issuance of a
grading permit or upon approval of a Final Map, whichever occurs first.
D. This approval is based on the existing site conditions represented on the
approved Tentative Tract 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 Tract Map, prior to Final Map
approval, must be approved by the Director of Development Services and may
require approval of the City Council.
E. The implementation of the project as specified on the Map and Specific Plan,
except as may be modified by these Conditions of Approval, shall fully comply
with the Project's certified Final EIR (State Clearing House Number 2001121009)
and its adopted Mitigation Monitoring and Reporting Program (included as Exhibit
B).
F. The applicanUdeveloper shall participate in the Heritage Reimbursement
Agreement, referred to as "Reimbursement Agreement for Certain Public
Improvements in Conjunction with Old Coach Golf Estates TIM 89-13R and
Heritage Ranch Estates TIM 98-02" if said agreement is approved by the City
Council. Payment of the development's (Hidden Valley Ranch TIM)
reimbursement share shall be made within the time specified in the agreement.
G. Any agricultural grove area, that is not maintained in a healthy and thriving
condition for an excessive period of time as determined by the Director of
Development Services, shall be removed. Agricultural grove areas that have
been removed shall orovide adequate landscaping for erosion control to the
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satisfaction of the City. Language relative to these requirements shall be
incorporated into the final version of the project Specific Plan.
H. Within 30 days of the date of this approval: (1) the applicant shall submit in
writing that all Conditions of Approval have been read and understood; and (2)
the property owners shall execute a Covenant Regarding Real Property.
I. Within 30 days after receiving City Council approval of the project, the applicant
shall apply for a Letter of Availability (LOA) to reserve sewerage availability for 41
Equivalent Dwelling Units (EDU's) and post with the City, a non-refundable
reservation fee of $27,519.20 which represents 20% of the sewerage connection
fee in effect at the time the LOA is issued.
Thirty percent (30%) of the sewer connection fees, in the amount of $41,278.80
shall be paid within 30 days from Final Map recordation. This amount can be
broken up if applicanUdeveloper files multiple units of Final Maps.
The balance of the sewer connection fees in the amount of $68,798.00,
representing fifty percent (50%) payment, shall be paid prior to building permit
issuance but no later than 36 months from recordation of the first Final Map,
unless otherwise granted a time extension to complete the project.
Each residential lot shall pay a balance of $1 ,678.00. Reference is hereby made
to City Ordinance No. 83, codified as Chapter 13.08 of the Poway Municipal
Code as to time extensions and for other particulars.
The 41 EDU's are for residential purposes only. Any sewer connection, other
than residential use for the 41 lots in the subdivision. may be required to reserve
and pay additional sewer EDU's prior to building permit issuance or prior to
connection to the sewer line, whichever comes first.
J. Prior to Final Map approval, unless other timing is indicated, the following
conditions shall be complied with:
1. Submittal of the Final Map to the City for review and payment of map
checking fee ($1000.00 per sheet).
2. The Final Map shall conform to 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 conformance with the approved Tentative Tract Map (except
as it may be modified by these Conditions of Approval).
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3. The applicanVdeveloper shall cause the dedication of the following
easements to the City and/or on behalf of the public unless otherwise
indicated:
a. An easement, a minimum of 20 feet wide, for each new public
water line or new public sewer line located outside a publicly
dedicated street right-of-way shall be dedicated to the City. If water
and sewer lines are installed parallel with each other, the combined
width may be reduced to 30 feet wide.
b. A Biological Conservation Easement (BCE) over 9.6 acres of
habitat on-site is required for mitigation of project related impacts to
natural habitat resources. The mitigation BCE may occur within
one, or several BCEs and shall be located either in Open Space
Lots A, B, or C. The final location(s) of the mitigation BCE(s) is
subject to the review and approval of the Director of Development
Services. The remaining areas in Lots A, B, and C shall be placed
in an Open Space Easement. All the easement documents shall be
recorded prior to the issuance of an Administrative Clearing Permit,
grading permit, or recordation of the Final Map, whichever occurs
first. The City shall, after the acceptance of the easement, process
a General Plan Amendment and Zone Change to change the land
use and zoning designation of the area of the easement to Open
Space-Resource Management (OS-RM).
Open Space Lots A, B, and C shall be designated on the Final Map
accordingly. Applicable easement document plancheck review fees
are required. The easement areas shall not include any portion of
the lot which has mechanical equipment installations/appur-
tenances. or the access route to those installations. or otherwise
encumbered with any other easements. The easement area shall
include only those areas that contain natural habitat or areas that
are to be restored with natural habitat. If a grading permit is issued
prior to Final Map approval said easements shall be prepared to the
satisfaction of the Director of Development Services, prior to the
issuance of a grading permit.
c. Public street rights-of-way (those streets labeled as Streets "A", "B",
and "C" on the Tentative Tract Map signed and dated by the
engineer of work, dated 1 0/4/02). ApplicanUdeveloper shall obtain
approval of street names from the Planning Division of the
Development Services Department prior to Final Map approval. It
is suggested that official street names shall be known prior to
submittal for review of the Final Map. Public street rights-of-way
shall be extended to areas needed for street lights and fire hydrants
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Paqe 12
installation, the dimensions of which shall be determined by the City
on a case by case basis at time of Final Map review.
d. Access and general utility easemenUs. These easements are
needed within private street rights-of-way where there is a public
utility line and also, for access to the proposed water reservoir.
Access easements shall include maintenance of utility lines and
access roads. Dedication of these easements to the City shall
include the right to assign those easements, in whole or in part,
including the right to assign to telecommunication companies or
public utility companies for the provision or expansion of such
services.
e. Public recreation trail easements shall be provided consistent with
the trail alignment "A" discussed and shown in the project's Final
EIR. to the satisfaction of the Director of Public Works and the
Director of Development Services, except for that portion of the trail
adjacent to Lots 35 through and including 40 (along the street) that
will be a private trail and may be gated. The easement for the
public trail shall be dedicated to the City of Poway for public use.
No gate, fence, wall, or other obstruction shall be installed so as to
prevent through public access along the public trail, unless
otherwise authorized by the City.
f. Drainage easement(s), if any. The easement, a minimum of 20 feet
wide, is needed for drainage facilities to be maintained by the City.
The City shall make a determination, during improvement plan
and/or Final Map review, as to which drainage facilities are to be
City-maintained.
g. Flowage easement(s), if any. If there is an alteration of the
streambed that would cause the 100-year f100dway inundation to
extend beyond existing flowage easement(s), appropriate
easement shall be dedicated to the corresponding agency, if other
than the City of Poway, prior to Final Map approval. If flowage
easement is to be maintained by the City of Poway, it shall be
dedicated through the Final Map.
4. All easements and/or rights-of-way to be dedicated on behalf of the public
and/or to the City of Poway, unless otherwise indicated, shall be made
through the Final Map.
5. Should there be a need to extend public water and sewer lines for the use
of any parcel in the subdivision through off-site property/ies, appropriate
easements shall be dedicated to the City prior to final map approval. A
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processing fee of $1,000.00 per easement or right-of-way document (by
separate instrument other than through the Final Map) shall be paid to the
City at first submittal of document for review.
6. The applicanUdeveloper shall also dedicate to the City in fee title a
separate lot for the proposed water reservoir and any needed pump
station and/or associated appurtenances. The requirement for a reservoir
has been identified in the project's Final EIR as needed to provide
adequate water supply to several lots in the subdivision. The size of the
lot(s} shall be to the satisfaction of the Directors of Development Services
and Public Works Departments. As of the date of conditioning this
Tentative Tract Map, the location of the proposed reservoir and needed
pump station is not yet determined and not shown therein. Should an
alternative method for water service be proposed, and approved by the
City, the separate lot shall not be required.
7. Obtain City approval of grading and improvement plans (both public
improvements and private street improvements).
8. Execution of Standard Agreement for the Construction of Public
Improvements, posting of securities (performance, payment, and
monumentation) and submittal of insurance certificates for liability and
workmen's compensation coverages.
9. Recordation of a Private Road Construction and Maintenance Agreement.
This Agreement shall be reviewed and approved as to form and content
by the City Attorney prior to recordation. If there is an instrument for
Covenants, Conditions, and Restrictions (CC&R), which addresses
construction and maintenance of the private roads or accesses in the
subdivision. said CC&R shall be reviewed and approved by the City prior
to recordation.
10. Submittal to the City of a copy of recorded private road or access
easements (off-site), the width of which shall be to the satisfaction of the
City.
11. Cause the dedication of general utility easement to the City for public
water and sewer lines outside the limits of the subdivision, if needed. to
serve the southerly parcels with off-site access to and from Old Coach
Road. The width of the easement shall be a minimum of 20 feet for each
utility line.
12. Deposit a cash security equal to $100.00 per sheet of the Final Map for
reproduction of a photomylar copy of the recorded Final Map. If
applicanUdeveloper can cause the reproduction and delivery to the City,
Resolution No. P-03-75
Page 14
either through its engineer or its title company or any designee, of said
photomylar copy within reasonable time from Final Map recordation but
not exceeding three months thereafter, the security shall then be returned
accordingly. (See Poway Municipal Code Section 16.12.060 B for sub-
divider's responsibility to provide a reproducible mylar copy to the City.)
13. Pursuant to Section 17.08.170(5)(d) of the Poway Municipal Code, none
of the lots, including the open space lots, can be further divided and a
covenant to that effect shall be recorded against the property in favor of
the City and shall be noted on the Final Map.
14. This subdivision is to be annexed into LMD 86-1A for maintenance of
existing landscape improvements along Espola Road and into the Lighting
District, Zones A and C. Zone A is for benefit of streetlights along Old
Coach Road (even though they may have private lights on private streets).
Zone C is for the benefit of arterial safety lighting, traffic signals, and
flashing beacons. Should the applicant opt to include additional internal
landscaping to the District outside those listed above, the project shall be
subzoned (LMD 86-10) and the additional costs plus cost of living index
based on SD-GPI to cover these maintenance costs shall be paid by the
applicant.
15. The proposed boundary adjustment shown on the Tentative Tract Map is
not approved as a part of this entitlement. Prior to final map, the applicant
shall submit documentation that the proposed boundary adjustment has
been approved by the U.S. Bureau of Land Management (BLM), prior to
the City processing a separate boundary adjustment application. If the
proposed boundary adjustment is not approved by the BLM, it shall be
removed from the Final Map. Additionally if the boundary adjustment is
not approved by the BLM, any encroachment of agricultural operations off
the HVR site shall be removed. The area shall then be restored to natural
habitat, to the satisfaction of the Director of Development Services within
12 months of the date of the Final Map approval.
16. Prior to the issuance of an Administrative Clearing Permit, grading permit,
or recordation of the Final Map, whichever occurs first, the applicant shall
demonstrate to the satisfaction of the City Engineer, the project complies
with the City's Standard Urban Stormwater Mitigation Plan (SUSMP).
Should the applicant's proposed method of compliance with SUSMP
require an outside agency permit, documentation that the permit has been
obtained shall be submitted to the City prior to the issuance of any permit.
Should the method of compliance with SUSMP necessitate a significant
revision to the project design, as determined by the Director of
Development Services, the project shall require City Council approval.
City Council consideration of the revision shall be obtained through a
Resolution No. P-03-75
Page 15
modification of the project entitlements, with applicable processing fees to
be paid by the applicant.
17. Deed covenants shall be recorded on each of Lots 32 through 41
indicating that the lots cannot be further subdivided, to the satisfaction of
the City.
18. Deed covenants shall be recorded on all lots to document individual
property owner maintenance responsibilities with regard to fire fuel
management, to the satisfaction of the City.
19. Prior to the issuance of an Administrative Clearing Permit, grading permit,
or recordation of the Final Map, whichever occurs first, the applicant shall
make the following revisions to the Hidden Valley Ranch Specific Plan
(dated February 2003), to the satisfaction of the Director of Development
Services, and submit 3 copies of the document for inclusion into the
project file:
a. A public recreation trail shall be depicted on Figure 2 of the Specific
Plan consistent with the trail alignment "A" discussed and shown in
the project's Final EIR. to the satisfaction of the Director of Public
Works Department and/or the Director of Community Services
Department, except for that portion of the trail adjacent to Lots 35
through and including 40 (along the street) that will be a private trail
and may be gated.
b. The discussion of the local feeder trail on page 14 of the Specific
Plan shall be replaced with "A public recreation trail will be provided
along the project roads to connect the existing public trail on Old
Coach Road to the west of the site with trails in the Blue Sky
Ecological Reserve, as shown on Figure 2. The trail will be
accessible to public providing a community wide benefit in terms of
recreational opportunity and visual access to preserved opens
space in the project". Should the applicant wish to develop a
special fencing plan to restrict potential trespass from the trail onto
the agricultural areas of the site or a limited restricted public access
plan for a portion of the public trail to accommodate certain periodic
agricultural operations, a provision shall be included, subject to the
approval of the City.
c. A statement shall be included in the specific plan which clarifies
that none of the lots can be further subdivided.
Resolution No. P-03-75
Page 16
d. A new sub-section shall be added to Section II.E (to supplement
Section VI.D.7) that discusses in detail the potential phasing out of
agricultural uses. The discussion shall address, at a minimum, the
requirement for removal of any dead or dying trees and
replacement of landscaping materials for erosion control.
e. Exhibits showing fire fuel management (Le. Exhibits 15, 19 and 20)
shall be modified to reflect City requirements.
f. Section III.E shall be modified to include a discussion of how,
conceptually, the project will comply with the City's Standard Urban
Stormwater Management Plan, and that technical studies will be
completed to demonstrate compliance to the City prior to the
issuance of any permits.
K. Prior to grading permit issuance or Administrative Clearing Permit, unless other
timing is indicated, the applicanUdeveloper shall complete the following:
1. Submittal to the City for review and approval of grading plans, erosion
control plan, Storm Water Pollution Prevention Plan, grading permit
application and geotechnical reportls to the Development Services
Department.
2. Grading of the project shall be in substantial conformance with the
approved Tentative Tract Map and in accordance with the Uniform
Building Code, City Grading Ordinance, City Storm water Management and
Discharge Control Ordinance, SUSMP and the EIR
3. A grading plan is required for development of the lots, and shall be
prepared on mylar at a scale to the satisfaction of the City Engineer, and
submitted to the Development Services Department - Engineering Division
for review and approval. At a minimum, the grading plan shall show the
following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope,
unless otherwise approved by the City Engineer. 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 5 feet from tops and toes of slopes, unless waived
by the Director of Development Services prior to issuance of a
grading permit.
b. Driveways, in compliance with the specifications provided in
Section 17.08.170D of the Poway Municipal Code, and including
Resolution No. P-03-75
Page 17
minimum structural sections together with their elevations and
grades.
c. A separate erosion control plan for prevention of sediment run-off
during construction.
d. 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.
e. All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved encroachment
agreemenUpermit.
f. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work. All proposed utility facilities more than 36"
inches in height and located within or immediately adjacent to the
public right-of-way are required to be sited to minimize visibility and
screened through the installation of landscaping.
g. Pad elevations shown on the grading plan shall not change by
more than 2 feet from the elevations shown on the approved
Tentative Tract Map, unless otherwise approved by the City
Council.
h. Show all biological and open space easement areas.
4. A drainage system capable of handling and disposing of all surface water
originating within the development and all surface water that may flow
onto the development from adjacent lands shall be constructed.
5. Erosion control, including, but not limited to desjltation basins, shall be
installed and maintained 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 applicanUdeveloper shall make
provisions to insure proper maintenance of all erosion control devices.
6. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared.
The SWPPP shall provide the erosion, sedimentation and pollution control
measures to be used during construction.
Resolution No. P-03-75
Page 18
7. Submittal of a copy, or a proof of filing, of a Notice of Intent (NOI)
application for coverage of the National Pollutant Discharge Elimination
System (NPDES) permit.
8. Prior to issuance of an Administrative Clearing Permit, grading permit or
recordation of the Final Map, whichever occurs first, applicant shall record
a easements as specified Condition J.3.b. Applicable easement document
plancheck review fees are required.
9. Prior to issuance of an Administrative Clearing Permit, grading permit or
recordation of the Final Map, whichever occurs first, the applicant shall
obtain approval from the Director of Development Services Department
and Fire Marshal of a Fire Fuel Management Plan. Fire Fuel Management
Zones shall be shown on a non-title sheet of each Final Map with a note
discussing the requirements and responsibility of property owners for the
maintenance of these areas as required by the approved Fire Fuel
Management Plan.
10. 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.
11. The applicanUdeveloper shall pay the following:
Grading permit
= $100.00 per permit
Grading plan check = To be determined based on the following guideline:
If cost of improvement is:
$1 to $25,000
$25,001 to $50,000
$50,001 to $100,000
$100,001 to $500,000
over $500,000
= fee is 5% ($500 min.)
= add'l fee of 4% of cost
= add'l fee of 3% of cost
= add'l fee of 2% of cost
= Time and materials
Grading Inspection
= To be determined, same basis as in
grading plan check fee calculation.
Geotechnical Reviews = $4,600.00
(Limited to 1 review of preliminary soils report and 1 review of compaction
report, and if reports are done for all 41 lots combined at one time.
Additional reviews will be charged when necessary and on a time and
materials basis. If a soils report and/or compaction report is submitted for
each lot or a group of lots at anyone time, the fee in effect at the time
each report is submitted shall be paid.)
Resolution No. P-03-75
Page 19
Plan check and inspection fees are to be calculated based on City
approved cost estimates, using City's adopted unit costs, prepared by the
applicant's project Civil engineer.
12. Posting of grading securities (either by bond and cash, letter of credit, or
certificate of deposit).
13. City approval of soils report and grading plans.
14. Submittal of a request for and hold a pre-construction meeting with a City
Engineering inspector. The applicanUdeveloper shall be responsible that
necessary individuals, such as, but not limited to, contractors,
subcontractors, project civil engineer and project soils engineer must
attend the pre-construction meeting.
15. Recordation of the Final Map for Tentative Tract Map 00-02 (TIM 00-02).
Except for model homes as may be provided for in Chapter 16 of the
Poway Municipal Code and/or Section 66410 of the State of California
Government Code. If multiple maps are filed, the Final Map of the unit, in
which a building permit for a particular lot is sought for, shall be recorded
in the office of the San Diego County Recorder.
16. Pursuant to the City of poway Guide to Landscape Requirements and an
approved Fuel ManagemenULandscape Plan on file with the City (to be
submitted) for landscape of all manufactured slopes greater than a 5:1
slooe and Fuel Management Zones, all landscaping and irrigation shall be
installed 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
plan check fee/deposit is required with the landscape plan submittal
package. Street trees, a minimum of 15-gallon size or larger, shall be
installed in accordance with the City of Poway Guide to Landscape
Requirements and shall be planted at an average of 30 feet on-center
spacing along all streets. Individual automatic irrigation systems shall be
provided on each lot to serve the required street trees. A minimum of two
street trees for each lot shall be orovided.
L. Prior to construction of public improvements and private street improvements,
unless other timing is indicated, the applicanUdeveloper shall complete the
following:
1. Submittal to the City Development Services Department for review and
approval of improvement plans for the following improvements.
Resolution No. P-03-75
Paqe 20
a. Public Streets A, B, & C - These streets shall be improved to the
specifications for Local Dedicated Rural Street Standards (PMC
Sections 12.20.090 and 12.20.100) with a roadway width of 28 feet
in a 44-foot street right-of-way. Improvements shall include, but are
not limited to, roadway paving, construction of concrete curb and
gutter, installation of streetlights. and installation of recreation trail
improvements.
Pavement structural section shall be based on a traffic index of 5.6.
Streetlights shall be installed seven feet (7') behind the face of curb
and at locations satisfactory to the City Engineer.
Street cul-de-sac shall be improved to a minimum roadway
diameter of 76 feet (curb to curb dimension). Appropriate right-of-
way shall be provided, maintaining a setback (from curb face to
right-of-way line) of 8 feet minimum. The City Engineer reserves
the right to modify the setback when there is justifiable cause to do
so.
b. Water main lines, appurtenances (including the pump station), and
a minimum 500,000-gallon water reservoir. The size and location
of the water lines shall be that as established by a water system
analysis prepared by an engineering firm designated and approved
by the City. The reservoir shall be concrete, or other design to the
satisfaction of the City Engineer. The water tank and
appurtenances shall be designed and constructed to the
satisfaction of the City. The applicanUdeveloper shall pay to the
City, upon demand, the cost of preparing the analysis and City's
consultants' fee for review of the reservoir's design. Should an
alternative method for water service be proposed, and approved by
the City, the reservoir shall not be required.
c. Sewer main lines and appurtenances shall be designed to City
standards and specifications. Separate sewer laterals shall be
provided for each lot in the subdivision.
d. Recreation trails shall be designed to the satisfaction of the Public
Services Deoartment and/or the Community Services Department.
e. Fire hydrants shall be installed at locations determined by the City
Fire MarshaL
f. Private streets shall be improved to a 28-foot curb-to-curb (or berm-
to-berm) roadway within a 40-foot right-of-way, and in substantial
conformance with the improvements as depicted on the Tentative
Resolution No. P-03-75
Page 21
Tract Map for the subdivision as prepared by Landmark Consulting,
signed by Mark A. Brencick, RCE 48153, dated 10/4/02. Alternative
private road improvement standards, which are consistent with City
minimum requirements, may be proposed and are subject to the
approval of the City Engineer. Improvements shall include, but are
not limited to a public recreation trail located adjacent to the road
which is up to a maximum of 8 feet in improved width.
Pavement structural section shall be based on a traffic index of 5.6.
Street improvements shall also comply with the criteria for non-
dedicated rural street standards and specifications per Sections
12.20.110 and 12.20.120 of the Poway Municipal Code.
Private streetlights shall be installed at all street intersections, cul-
de-sacs. and at other locations to be determined by the City
Engineer. The lighting system shall conform to City of Poway
standards. Cut-off luminaries shall be installed at the end of cul-de-
sacs to provide true 90-degree cutoff and prevent projection of light
above the horizontal from the lowest ooint of the lamp or light
emitting refractor or device. All fixtures shall use a clear, low-
pressure sodium vapor light source.
Existing public utility lines and appurtenances shall be shown on
the improvement plans. Location of future utility boxes, cabinets or
structures shall also be shown fully dimensioned and are subject to
review through an MDRA, processed through Development
Services, Planning Division. Streetlights standards and
specifications shall be subject to approval by the City prior to
improvement plan approval.
Street cul-de-sac shall be improved to a minimum roadway
diameter of 76 feet (curb to curb or berm to berm dimension).
Appropriate right-of-way shall be provided.
2. The applicanUdeveloper shall pay the following fees and post or pay
approoriate securities:
Improvement plan check = To be determined based on the following
guideline:
If cost of improvement is:
$1 to $25,000
$25.001 to $50.000
$50,001 to $100,000
$100,001 to $500,000
over $500,000
= fee is 5% ($500 min.)
= add'l fee of 4% of cost
= add'l fee of 3% of cost
= add'l fee of 2% of cost
= Time and materials
Resolution No. P-03-75
Page 22
Improvement Inspection = To be determined, same basis as in
improvement plan check fee calculation.
3. Posting of performance and payment securities.
4. Right-of-way permits ($50.00 each for right-of-way permit, if needed) for
any work to be done in public street or City-held easements.
5. Submittal of a request for and hold a pre-construction meeting with a City
Engineering inspector. The applicanUdeveloper shall be responsible that
necessary individuals, such as, but not limited to, contractors,
subcontractors, project civil engineer and project soils engineer must
attend the pre-construction meeting.
6. No private improvements shall be placed or constructed within public
street rights-of-way or City easements unless anyone of the following is
satisfied:
a. An encroachment maintenance and removal agreement has been
executed by the developer/owner and subsequently approved by
the City; or
b. Approval of grading or improvement plans, on which a right-of-way
permit has been issued for the private improvements shown to be
constructed. The City, however, reserves the right to require the
execution of an encroachment maintenance and removal
agreement.
7. The applicant shall post payment of a streetlight energizing fee of $350.00
per streetlight. The number of streetlights shall be determined with the
approval of improvement plans for the construction of public
improvements required for this subdivision.
M. Prior to building permit issuance, unless other timing is indicated, the following
conditions shall be satisfied. These conditions may be modified or added on to
conditions that may be imposed for the approval of Development Review (DR) or
Minor Development Review Applications (MDRA).
1. Recordation of the Final Map for Tentative Tract Map No. 00-02. If filed in
multiple units, it shall be recordation of the Final Map of the unit in which
the property seeking a building permit is located.
2. Completion of and approval by the City of rough grading of the project site.
3. City approval of soils' compaction report.
Resolution No. P-03-75
Page 23
4. City approval of a certification of line and grade. The certification shall be
prepared by the project's civil engineer or City-approved designee.
5. Payment of development fees to the City. Development fees include, but
are not limited to, water base capacity fee, sewer connection fee, drainage
fee. traffic mitigation fee and park fee. In addition, payment of water meter
fee, sewer c1eanout fee, sewer inspection fee, and San Diego County
Water Authority base capacity charge (by separate check but remitted to
City of Poway.)
6. The developer is advised that Pursuant to Section 17.26.100 of the Poway
Municipal Code, single-family residential development shall provide that
fifteen percent of the units created shall be affordable to low-income
households. The developer of for-sale housing may, in lieu of providing
required inclusionary housing on-site or off-site, pay a fee to the City in
accordance with the provisions of the referenced section.
7. Minor Development Review, or Development Review, permits shall be
completed/obtained for each new house design, including, but not limited
to, site plans, building elevations, incorporating all Conditions of Approval
through the Planning Division and consistent with the approved Specific
Plan.
8. The following shall be completed to the satisfaction of the Director of
Safety Services:
a. Dead-end fire apparatus access roadways in excess of 150 feet
shall be provided with approved provisions for the turning around of
emergency apparatus as follows: 20-foot minimum width and either
a 70-foot diameter cul-de-sac or 72-foot hammerhead. Curves and
topographical conditions could increase the requirements for
turnarounds and the width of access ways. Exception: a 16-foot
private driveway is permissible when serving two or fewer dwelling
units.
b. Fire hydrants shall be installed at locations to be determined by the
Fire Marshal. A water analysis shall be required to establish the
adequacy of the existing water main and all necessary water main
extensions to serve the project. Cost of analysis shall be paid by
the applicanUdeveloper prior to submittal of improvement plans.
Installation of fire hydra nUs shall be completed at a time designated
by the Fire Marshal.
c. All lots shall be serviced with one-inch water meters and one-inch
laterals
Resolution No. P-03-75
Page 24
d. A water system analysis shall be required to verify water flows at
each fire hydrant of 1500 gallons per minute at 20 P.S.I. residual
pressure.
e. A Wildland Fuel Mitigation Plan shall be submitted to eliminate any
potential threat of spread of fire from the proposed building and the
open space easement. All current and future structures will require
100-foot fuel management zones. With the exception of lots 1, 2,
and 3 which will be required to have 85-foot fuel management
zones. This plan shall be approved by the Directors of Safety
Services and Development Services prior to building occupancy.
f. The gated entry to Phase II of the project (ie: located between Lots
3 and 4) shall operate to the satisfaction of the Safety Services
Department. All gates electrically operated shall meet current
electrically operated access gate policy, including "Knox" key
override switch and "opticom" traffic control detection. The gated
entry shall not obstruct public access to the project's public
recreation trail.
g. Prior to delivery of combustible building materials on-site, water and
sewer systems shall satisfactorily pass all required tests and be
connected to the public water and sewer systems. In addition, the
first lift of asphalt paving shall be in place to provide adequate,
permanent access for emergency vehicles.
h. Provide emergency vehicle access from public street "B" to private
street "E" (Old Coach Road) as shown on Hidden Valley Ranch
tentative map dated October 4, 2002, and signed by Mark A.
Brencick of Landmark Consulting.
I. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with an all-
weather driving surface of not less than 16 feet of unobstructed
width, with an adequate roadway turning radius capable of
supporting the imposed loads of fire apparatus and having a
minimum of 13'6" of vertical clearance. The road surface type shall
be approved by the City Engineer pursuant to the City of Poway
Municipal Code.
J. Approved numbers or addresses shall be placed on the building in
such a position as to be plainly visible and legible from the street
fronting the property. Said numbers shall contrast with their
background. The minimum height of address numbers shall be four
inches. Addresses shall be required at private driveway entrances.
Resolution No. P-03-75
Page 25
k. Each chimney used in conjunction with any fireplace shall be
maintained with a spark arrester.
I. Roof coverings shall be fire retardant as per UBe Section 1503 and
1504, UBC Standard 15-2 and City of Poway Ordinance #64 and its
amended Ordinance #526.
N. Prior to City's release of securities, unless other timing is indicated, the following
conditions shall be satisfied:
1. Drainage facilities, slope landscaping and protection measures, utilities,
water improvements, and all roadway improvements shall be constructed,
completed, and inspected by the Engineering inspector.
2. All damaged off-site and on-site public works facilities shall be repaired
and replaced prior to exoneration of securities, to the satisfaction of the
Director of Development Services.
3. The developer shall repair, to the satisfaction of the City Engineer, any
and all damages to the public and private road improvements caused by
construction activity from this project.
4. Record drawings for grading plans, signed by the engineer of work, shall
be submitted to Development Services 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 issuance of occupancy and release of grading securities.
5. Required street trees and automatic irrigation system shall be installed to
the satisfaction of the Director of Development Services prior to certificate
of occupancy of the individual lots.
6. Posting of a warranty bond for the public improvements.
7. Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans.
Performance securities for public improvements, if posted and separate
from the grading securities, shall only be reduced twice before completion
of improvements. Payment securities and remaining performance
securities, if any, shall be released no sooner than 90 days after City's
acceptance of improvements, posting of warranty security, and approval of
record drawings.
Section 13: The approval of Tentative Tract Map 00-02 expires on November 18,
2005, at 5:00 p.m. The Final Map conforming to this conditionally approved Tentative
Tract Map shall be filed with the City so that the City may approve the Final Map before
Resolution No. P-03-75
Page 26
this approval expires, unless at least 90 days prior to the expiration of the Tentative
Tract 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 14: 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 November 18, 2003.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 18th day of November 2003.
ATTEST:
~(LI~
Lor' Anne Peoples, City lerk
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-03-75 was duly adopted by the
City Council at a meeting of said City Council held on the 18th day of November 2003
and that it was so adopted by the following vote:
AYES: HIGGINSON, REXFORD, CAFAGNA
NOES: EMERY, GOLDBY
ABSTAIN: NONE
ABSENT: NONE
Lori Anne Peoples, City Cle
City of Poway
Resolution No. P-03-75
Page ~7
EXHIBIT A
Candidate Findings For the Hidden Valley Ranch
Final Environmental Impact Report (EIR)
The following findings are made relative to the conclusions of the Final EIR for the
Hidden Valley Ranch Project ("Project"). The Project is a proposal for a 41 unit,
detached, single-family home (40 new, 1 existing), master-planned residential
community on approximately 420 acres located east of Old Coach Road and north and
adjacent to the Blue Sky Ecological Reserve in the Rural Residential A (RR-A) zone.
The Project involves the following: 1) A General Plan Amendment to change the
existing General Plan Land Use designation of the site from RR-A to Planned
Community (PC) to allow for the development of a master-planned residential
community with minimum lot sizes as small as 1 net acre in a "clustered" configuration,
which does not exceed the allowable residential density of the existing RR-A General
Plan Land Use designation; 2) a Zone Change to change the existing zoning
designation of the site (to be consistent with the proposed General Plan designation)
from RR-A to PC to allow for the development of a master-planned residential
community with minimum lot sizes as small as 1 net acre in a "clustered" configuration,
which does not exceed the allowable residential density of the existing RR-A zoning
designation; 3) A Specific Plan to establish the development plan/development
standards of the master-planned residential community; 4) a Tentative Tract Map to
subdivide the approximate 420-acre site into 41 "numbered" lots, which range in size
from 1-net acre to 8.8-net acres (with one lot at 257 acres) for the purposes of
constructing 40 homes, and 3 "lettered" lots ranging in size from 14.3 to 23.9 acres in
size (with a combined total area of 57.5 acres) for the purpose of permanently
preserving existing natural open space areas and currently disturbed open space areas,
which are proPosed. to be restored; and 5) a Conditional Use Permit to establish a
private 9-hole golf course.
These findings are made pursuant to Section 21081 of the California Public resources
Code and Section 15091 and 15092 of the Guidelines to the Califomia Environmental
Quality Act.
FINDINGS
A. The City of Poway, as the lead agency and decision maker, having reviewed and
considered the information contained in the Final EIR for the Project and the
public record, finds, pursuant to CEQA and the CEQA Guidelines that changes or
alterations have been required in, or incorporated into, the project which mitigate
or avoid each of the significant environmental effect as identified in the Final EIR
with respect to the areas of aesthetics, air quality, biological resources, cultural
resources, geology/soils, hazards/hazardous wastes, hydrology/water Quality,
and noise, rnakes the following findings with respect to the identified significant
environmental effects of the project:
Resolution No. P-03-75
Page 28
1. With respect to aesthetics, the Final EIR identifies potentially significant
impacts to public view sheds as a result of grading for and installation of a
water reservoir that may be needed for the project (Section 5.9 of the Final
EIR). To reduce the potential for impact, the following mitigation measure
is required for the project:
a. The on-site water tank shall be designed to minimize negative
aesthetic effects and blend with the surrounding landscape to the
maximum extent possible. Design recommendations include: re-
vegetating in Ii graded area and cut and fill slopes with native plant
material; screening the tank with a vegetative earthen berm; and
painting the tank to blend with the surrounding vegetation and
horizon. All landscaping shall be consistent with the City's Guide to
Landscape Requirements. Specific design measures, including
color and landscaping, shall be reviewed and approved by. the
Director of Development Services.
2. With respect to air quality, the Final EIR does not identify any long-term air
quality impacts but does identify potentially significant impacts to air
quality in the short term as a result of grading activity (i.e. dust and
mechanical equipment emissions) (Section 5.8 of the Final EIR). To
reduce the potential for impact the following mitigation measures are
required for the project:
a. During grading and construction, the project developer shall comply
with the following:
i) During grading, clearing, earth movil1g or. excavation,
maintain equipment engines in proper tune.
Ii) After clearing, grading, earth moving, or excavation wet area
down sufficienUy enough to form a crust on the surface, with
repeated soaklngs as necessary to maintain the crust and
prevent dust pick up by the wind; spread soil binders; and
implement street sweeping as necessary.
Iii) During construction use water trucks or sprinkler systems to
keep all areas where vehicles travel damp enough to prevent
dust raised when leaving the site; wet down areas in the late
morning and after work is completed for the day; and use
low sulfur fuel (.05% by weight) for construction equipment.
b. Re-vegetation of exposed soils on-site due to grading activity shall
take place as early as feasible in order to minimize wind erosion
and shall be consistent with the erosion control requirements of
Resolution No. P-03-75
Page 29
Section 16.50.170 of the Poway Municipal Code. This includes .that
upon completion of gr!'lding, the faces of cut-and-fill slopes and the
project site shall be prepared and maintained to control against
erosion.
3. The Final EIR indicates that the Project will result in impacts to natural
habitat resources (Section 5.5 of the Final EIR). Specifically, the projecJ
will impact 3.0 acres of Diegan Coastal Sage Scrub, 0.3 acres of Coastal
Sage/Chaparral Scrub, 0.7 acres of Southern Coast Live Oak Riparian
Forest, and 0.3 acres of Willow Woodlands, Freshwater ~arsh, Open
Water or Disturbed WeUands. In order to comply with the goals and
objectives of the PSHCP/NCCP and the California Environmental Quality
Act, the property owner/applicant has proposed to preserve the majority of
the intact native vegetation on-site with a ConserVation Easement Deed or
an Open Space Easement. This includes at leasf80 percent of the Diegan
Coastal Sage Scrub (82%), Coastal Sage/Chaparral Scrub (98%), Southern
Mixed Chaparral (100%), Southern Coast Live Oak Riparian Forest (96%),
and Willow Vl(oodlands, Freshwater Marsh, Open Water and Disturbed
WeUands (in the aggregate 97%). This exceeds the !T1inimum
recommended regional conservation goals for habitat preservation.
Therefore, in accordance with CEQA, the PSHCP, and the findings and
determinations associated with this analysis it is recommended that prior to
issuance of a clearing or grading permit:
a. The applicant shall grant to the City of Poway and to the Wildlife
Agencies a Conservation Easement Deed over 9.6 acres of habitat
on-site for mitigation (as prescribed in Table 5:5-1 of the FEIR) and
an Open Space Easement over the remaining habitat on-site and
areas of disturbed habitat that will be restored. These easements
are for the protection of sensitive biological resources, including the
following sensitive species: San Diego Sagewort, Rush-like
BristJeweed, Cooper's Hawk, Sharp-shinned Hawk, Southwestern
Rufous-crowned Sparrow, Great Blue Heron, Red-shouldered
Hawk, Turkey Vulture, California Gnatcatcher, Bewick's Wren,
oobcat, mule deer, Orange-Throated Whiptail, and Granite Night
Lizard. The easements shall prohibit all of the following on any
portion of the land subject to said easement grading, excavation,
placement of soil, sand, rock, gravel or other material, clearing of
vegetation, addition of vegetation, erection or placement of any
building or structure, vehicular activities, trash dumping, or use for
any other purpose other than as natural open space. The
easements will have long-term viability and provide connectivity
between areas of measurable biological habitat value. The
easements shall be recorded on the final subdivision map and by a
separate easement instrument, to the satisfaction of the City. Edge
effects from future residential uses are minimized to the extent
possible by demarking the easements from development areas as
discussed below.
Resolution No. P-03-75
Page 30
The easements will conserve 100 percent of the habitat within PRPA
7 and at least 81 percent of the coastal sage scrub habitat within
PRPA 6. Habitat restoration will widen and enhance the BCLA along
Sycamore Creek (PRPA 6), providing an increase in the amount of
habitat conserved in this constrained linkage. This brings the project
into compliance with the PRPA preseive design objectives for the
region (80% city wide and approJdmately 80% for the. project).
b. The applicant shall obtain approval by the Director of the
Development Services Department and Fire Marshall of a Fire Fuel
Management Plan that is consistent with the requirements of the
Fire Marshall and the City's Landscaping Guidelines. Prior to
issuance of a clearing or grading permit and/or the sale of each
residential lot, the applicant shall erect a permanent fence (chain
link) between Fire Zones 1 and 2. Zone 1 .shall be included within
the recorded easement. The required fence above shall be
maintained by the lot owner, or the homeowners association for the
project. Prior to recordation of the final map,the map shall contain
a note that discusses the requirements of the fire fuel management
zones to alert future property owners of the need to maintain these
areas as required by the approved_fire fuel management landscape
plan.
c. The applicant shall retain a City-approved biologist to develop and
implement, to the satisfaction and approval of the Directo.r of the
Department of Development Services, a consolidated management
plan which includes at a minimum a Pesticide component, an
Erosion and Drainage Control component, and a Wildlife Corridor
Enhancement/Habitat Restoration component.
The Wildlife Corridor EnhancementlHabitat Restoration plan shall
include the following elements: (1) a Riparian/Oak Woodland Re-
vegetation Plan; (2) a Coastal Sage Scrub Re-vegetation Plan; and
(3) an Open Space Management Plan. This component is intended
to compensate for the loss of Coastal Sage Scrub, Oak and
Riparian Forest vegetation, and to manage the open space areas in
perpetuity. The plan shall define specific improvement-related
impacts (specific number of trees or area of habitat lost, based on
final engineering and including fuel management zones), establish
replanting ratios, define the limits of areas to be used for replanting,
specify biological monitoring periods and protocols, required
maintenance, construction monitoring, etc. The Open Space
Manage'!lent Plan shall identify fencing requirements, long-term
monitoring, etc. Figure 5.5-6 of the Final EIR depicts the
conceptual locations of proposed Wildlife Corridor Enhancement
Areas.
Resolution No. P-03-75
Page 31
The applicant shall retain a City-approved civil engineer and a City-
approved biologist to develop and implement to the satisfaction of
the Director of the Department of Developrnent Services an Erosion
and Drainage Control Plan intended to entirely preclude chances
for runoff, siltation, and/or erosion affecting the highly sensitive
riparian areas, on-site and off-site, induding the on-site ponds.
This plsn shall define specific,. improvement-related features and
establish a protocol for full-time biological monitoring and reporting
of all site grading, including mass grading for roads and individual
lot grading pursuant to obtaining permits for lot development in the
future. The plan must show how all runoff associated with site
development will drain away from the subject riparian areas and the
on-site ponds in order to prevent contarnination in the future.
d. Prior t() issuance of a dearing or grading permit, the applicant shall
obtain from the California Department of Fish and Game a 1603
Streambed Alteration Agreement and the California Regional Water
Quality Control Board/U.S. Army Corps of Engineers a Section
401/404 'Permit as a part of project review, as these agencies
function in a permitting capacity in the event of wetland impacts and
proposed alterations to streambeds. Alternatively, the applicant
may provide written proof that such permits, certifications, and/or
agreements are not needed.
4. With respect to cultural. resources the Final EIR identifies potentially
significant impacts to cultural resources (Le. Site Temp No 3 and 5 as
identified in Final EIR, Section 5.7). To reduce the potential for impact,
the following mitigation measures are required for the project:
a. Should the preservation of a site be too problematic to the
execution of the design of the project, as determined by the
Director of Development Services, mitigation can be accomplished
through a data recovery program, after which the site area could be
graded and developed. Should a data recovery program be
necessary it shall be conducted prior to issuance of a dearing or
grading permit. The data recovery program would include the
following tasks:
i) Prepare a research design for submittal to the City, which
presents the research objectives of the program and the
data sets needed to address those objectives. The researchcdesign should include a methodolcigy, which states the
sample size, sampling technique and thr~sholds of
importance that must be accomplished. For each site,the
sample size must indude a recovery sample of 2% of the
overall subsurface deposit and 5% of the most important
portion of the subsurface deposit.
Resolution No, P-03-75
Page 32
ii) Following submittal of the research design, execution should
be conducted to achieve the. sampling levels stated above.
All recovered artifacts should be subjected to standard
laboratory procedures. Special studies should include
radiocarbon dating, faunal analysis, obsidian study, and
residue analysis.
iii) Upon completion of the fieldwork, a letter should be
delivered to the City which states the conclusion of the
fieldwork and releases the site for grading while laboratory
work and report preparation are continued.
iv) All information derived from the sampling program,
laboratory analysis and special studies should be
incorporated into a technical report for submittal to the City
as verification of the mitigation requirement. The report
should be prepared to a professional standaJ:d and must
draw relevant conclusions from, the data to advance the
research objectives stated in the research design.
v) All collections and associated records shall be submitted to
the Director of Development Services and shall be under the
ownership of the City of Poway. The City shall have the
collections and associated records permanently curated at a
qualified facility in San Diego County.
5. With respect to geology/soils, the Final EIR identifies potentially significant
impacts to soils and geologic constraints on the project site (Section 5.4 of
the Final EIR). To reduce the potential for impact, the following mitigation
measures are required for the project:
a. Prior to issuance of a building permit, the recommendations
contained in the GeoteChnical Investigation, August 2001, to
address expansive soils s,hall be implemented. These measures
will be verified by the City's Engineering Division and include:
i) All embankments, structural' fill, and utility trench backfill
shall be compacted to no less than 90% of its maximum
density.
Ii) The moisture content of th~ granular fill soils should be
within 2% of optimum moisture content at the time of
compaction.
iii) The moisture content of the clayey soil materials should be
maintained between 2% and 4% over optimum moisture
content.
Resolution No, P-03-75
Page 33
Iv) The maximum dry density of each soil type shall be
determined in accordance with ASTM Test Method 01557-
91.
v) If groundwater is encountered during the removal and re-
compaction of the soil, or if difficulty is experienced in
achieving the minimum of 90% relative compaction (ASTM
01557-91).
b. Prior to issuance of a building permit, the recommendations
confined in the Geotechnical Report, August 2001, to address
expansive soils shall be implemented. These measures will be
verified by the City's Engineering Division and will include:
i) Expansive soils should be placed within the deeper
proposed fill areas, placed outside the location of structural
improvements or legally exported from the site.
Ii) Potentially expansive soil shall not be placed within 4 feet of
finish grade.
iii) Building envelopes shall be capped, with soli material having
an expansion index of 20 or less.
Iv) Expansive soils shall not be used as wall backfill or within 4
feet of finish subgrade in paved or hardscaped areas.
c. Prior to the issuance of a building permit, the recommendations
contained in the Geotechnical Report, August 2001, to address cut
slopes shall be implemented. These measures shall be evaluated
and recommended by the City Engineering Division and include:
i) Cut slopes of 30 feet in height shall have a bench
approximately 5 feet in width at mid"height of the slope.
ii) . Additional remedial actions, such as rock bolting,
buttressing, regarding of the slope, or the construction of a
retaining wall system may be required to mitigate the effects
of detrimental slope conditions.
d. Residential development on-site shall conform with the most recent
Uniform Building Code (UBC) in effect at the time development
plans are submitted to the City.
e. A Soil Engineer o~ a Engineering Geologist shall observe the cut
slopes during and after grading to identify potential shallow slope
failures and rock falls.
Resolution No, P-03-75
Page 34
1. The recommendations in the Geotechnical Report, August 2001,
related to surface and subsurface water shall be implemented.
These measures include:
vi)
vii)
viii)
Ix)
x)
i)
Surface drainage shall be directed away from structures and
paved areas into surface drains and storm sewers.
ii)
The ponding of water or saturation of soils should not be
allowed adjacent to any of the foundations. Exterior grades
should be sloped .to drain away from the structures to
minimize ponding.
iii)
Planters should be provided with drains and low flow
irrigation systems.
Iv)
Surface water must. not be allowed to drain in an
uncontrolled manner over the top of any slope or excavation.
v)
To prevent erosion, the slopes shall be planted as soon as
possible after grading.
A subdrain system shall be installed at the toe of slopes
draining into the property, with buttress or stability fills or
where fill is proposed over canyons or drainage areas.
Subdrain shall consist of a trench of at least 36 inches deep
and 18 inches wide.
The drainpipe shall have a minimum 1% gradient and shall
be centered within the-trench horizontally.
The subdrain shall outlet away from any structures or slopes
in and approved legal manner. '
Compliance with this measure shall be evaluated and
recommended by the City Engineering Division. The final
determination for the location of the subdrains shall be made
by the Soil Engineer or Engineering Geologist during the site
grading.
6. The Final 'EIR indicates that, due to the past use/storage of and the
expected onl.loing future use of pesticides associated with the agricultural
operations, there is a potentially significant impact in the area of
hazardous materials (Section 5.12 of the Final EIR). To reduce the
potential for impact, the following mitigation measures are required for the
project:
Resolution No, P-03-75
Page 35
a. If any indications of petroleum hydrocarbon or pesticide impacted
soils are encountered during construction activities, a qualified
environmental professional shall be consulted. The applicant shall
be responsible for retaining a certified environmental remediation
specialist to conduct soils testing in areas where petroleum
hydrocarbons or pesticide impacted soils are encountered.
b. The applicant shall prepare a plan for pesticide use that indicates
the method of applying pesticides on the project site, and how the
pesticides will be applied to ensure adjacent residences will not be
impacted. For example, agricultural pesticide spraying shall be
done using a handle-held spraying device, in low winds, and
operated by a trained employee of the Hidden Valley Ranch. The
CC&R's shall include a disclosure of the agricultural pesticide
spraying activity prior to the sale of the property to future
homeowners. Compliance with this mitigation measure shall be
verified by the Director of the Department of Development Services.
7. The Final EIR identifies potentially significant impactS in. the areas of
hydrology/water. quality in the short term during construction and in the
long term after project implementation (Section 5.6 of the Final EIR). To
reduce the potential for impact, the following mitigation measures are
required for the project:
a. The project applicant is required to comply with the General
Construction Stormwater Permit and all other applicable
requirements which have been adopted by the City at the time of
grading permit issuance. The Director of the Department of
Development Services shall confirm compliance with the Permit. In
order to be in compliance with the Permit, the project must include
the following:
i) Notices of Intent (NOI) - Certification to be signed by owner
of the construction site.
ii) Demonstration that the project has been designed to comply
with standards Contained in the City's Standard Urban
Stormwater Mitigation Plan.
iii) Stormwater Pollution Prevention Plan (SWPPP) - Required
elements of a SWPPP include: 1) Site description
addressing the elements and characteristics specific to the
site; 2) Descriptions of BMPs for erosion and sediment
controls; 3) BMPs for construction waste handling and
disposal; 4) Implementation of approved local plans; 5)
Proposed post-construction controls, including description of
local post-construction erosion and sediment control
Resolution No, P-03-75
Page 36
requirements; 6) Non-stormwater management; 7) Identify a
sampling and analysis strategy and sampling schedule for
discharges from construction activity which discharge
directly into water bodies listed on the 303(d) list of impaired
water bodies; and 8) For all construction activity, identify a
sampling and analysis strategy and sampling schedule for
pollutants which are not visually detectable in stormwater
discharges, which are known to occur on the construction
site, and which could cause or contribute to an exceedance
of water quality objectives in the receiving waters.
Iv) Monitoring Program and Reporting Requirements - Including
inspection of prevention measures, record keeping and
annual certification of compliance, due July 1, 1993, and
each July 1st thereafter. Dischargers of stormwater
associated with construction activity that direcUy enters a
water body listed on the 303(d) list of impaired water bodies
shall conduct a sampling and analysis program for the
pollutants (sedimentation/siltation or turbidity) causing the
impairment. Discharges that flow through tributaries that are
not listed on the 303(d) list of impaired water bodies or that
flow into Municipal Separate Storm Sewer Systems (MS4)
are not subject to these sampling and analysis requirements.
v) Examples of BMPs that may be required for the proposed
project are desilting basins, silt fences, sand bags, and
gravel I:>ags. Please note, the proposed project is not
required to comply with the sampling and analysis program
related to construction activity that direcUy enters a water
body listed on the 303(d) list of impaired water bodies, as
Sycamore Creek is not listed on the 303(d) list of. impaired
water bodies.
8. The Final EIR identifies potentially significant impacts in the area of noise
in the short term, associated with truck traffic. To reduce the potential for
impact, the following mitigation measures are required for the project:
a. City shall restrict the project related construction truck traffic to the
extent feasible. This will include restricting the construction truck
traffic 'on Espola Road to the east and south of Old Coach Road.
Additionally, the City will continue to maintain Espola Road during
construction in order to reduce the potential for excess noise and
ground borne vibration resulting from potholes on the road to a
minimum.
Resolution No, P-03-75
Page 37
B. The City of Poway, as lead agency and decision makin, having reviewed and
considered the information contained in the Final EIR for the project and the
public record, and in full satisfaction of Public Resources Code Section 21081,
finds that there are changes or alterations required in or incorporated into the
project which mitigate or avoid each of the significant effects on the environment,
specifically implementation of the mitigation measures detailed above.
C. The City of Poway, as lead agency and decision maker, having reviewed and
considered the information contained in the Final EIR for the project and the
public record, finds that there are no specific economic, social, or other
considerations which make infeasible the mitigation measures in the EIR.
Several project altematives were considered in the Final EIR - the No Project
A1temative, the Conventional Subdivision Design Alternative, the Lot-Averaged
Subdivision Design A1temative, and the A1temative Subdivision Design. With
regards to the project altematives, several issues may render any part or all of
each alternative infeasible for reasons included below:
1. Under the No Proiect Alternative, no development would occur. The site
would remain vacant and used for agricultural activities. The existing
residential structure, agricultural groves, and related facilities would
remain on site. Under this altemative there would be no wildlife corridor
enhancement of the westem portion of the site. This alternative would
avoid most of the significant environmental effects associated with
implementation of the project. However, the impact to biological
resources would be similar as there would be no wildlife corridor
enhancement. Adoption of this altemative is considered infeasible, as
none of the project objectives would be met. The site is privately owned
and the General Plan has designated the sitefor residential development.
2. Overall the Conventional Subdivision Desian Alternative would result in
greater impacts to land, use, geology/soils, biology, hydrology/water
quality, cultural resources, air quality, aesthetics, and agricultural
resources than the project. This altemative is technically feasible,
however, it does not meet the following project objectives:
· Address Project concerns raised by State and Federal wildlife
agencies.
· Provide preservation of existing natural habitat areas in contiguous,
dedicated, open space;
· Preserve and enhance the Sycamore Creek Wildlife Corridor;
· Respect the existing topography and unique natural resources of the
project;
· Allow for a viable commercial agricultural operation to coexist with
the planned residential land use;
· Provide a' plan that will contribute significantly to City of Poway open
space, and contribute to local, State and Federal conservation efforts
by preserving large areas of important biological habitat in their
natural state;
Resolution No, P-03-75
Page 38
· Develop a plan that avoids unnecessary landform modifications and
minimizes visual impacts by blending home sites into the natural
hillsides by customizing houses and using landform contour grading
for home site development and associated roadways and utilities;
and
· Address fire fuel management zone re,quirements for wild land fire
management.
3. Under the Lot-Averaaed Subdivision Desian Alternative, 41 rural lots with
a minimum lot size of 4-net acres, pursuant to the "lot-averaging"
provisions in the City's General Plan and Zoning Development Code could
be develop!Kl. Overall the Lot-Averaged Subdivision Design would result
in greater impacts to land use, geology/soils, biological resources,
hydrologylwater quality, cultural resources, air quality, aesthetics, and
agricultural resources. However, this alternative would not be consistent
with the PSHCP, as it would not allow for the widening of the wildlife
corridor in the westem portion of the project site. This alternative is
technically feasible; however, it does not meet the following Project
objectives:
· Address project concems raised by State and Federal wildlife
agencies.
, · Provide preservation of existing natural habitat areas in contiguous,
dedicated, open space;
· Preserve and enhance the Sycamore Creek Wildlife Corridor;
· Respect the existing topography and unique natural resources of the
project; ,
· Allow for a viable commercial agricultural operation to coexist with
the planned residential land use;
· Provide a plan that will contribute significantly to City of Poway open
space, and contribute to local, State and Federal conservation efforts
by preserving large areas of important biological habitat in their
natural state; .
· Develop a plan that avoids unnecessary landform modifications and
minimizes visual impacts by blending home sites into the natural
hillsides by customizing houses and using landform contour grading
for home site development and associated roadways and utilities.
4. The Alternative Subdivision Desian involves shifting the residential lots,
from the westeriy side of the site to the easteriy/central portion of the site
in the existing agricultural groves. This alternative comes about as a
result of trying to avoid impacts to natural habitat areas. This design
would avoid impacts to neariy all of the 6.9 acres of habitat. The
alternative, however, would result in greater impacts to land use,
geology/soils, hydrologylwater quality, air quality, aesthetics, public
services/utilities, agricultural resources, and hazardous materials more
than the project. Additionally, this altemative does not meet the following
project objectives:
Resolution No, P-03-75
Page 39
· Respect the existing topography and unique natural resources of the
Project;
· Allow for a viable commercial agricultural operation to coexist with
the planned residential land use;
· Develop a plan that avoids unnecessary landform modifications and
minimizes visual Impacts by blending home sites into the natural
hillsides by customizing houses and using landform contour grading
for home site development and associated roadways and utilities.
Resolution No, P-03-75
Page 40
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
Purpose of the Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program is to be adopted by the lead and
responsible agencies upon formation of findings in order to comply with. the
requirements set forth by Assembly Bill 3180 (Public Resources Code (PRC) Section
21081.6) which became effective on January 1, 1989. The purpose of the program is to
ensure that the mitigation measures required by the Environmental Impact Report (EIR)
for the Hidden Valley Ranch project are properly implemented. The City will monitor the
mitigation measures for construction and operation of the facility. The Mitigation
Monitoring Checklist provides a mechanism for monitoring the mitigation measures in
compliance with the EIR. General guidelines for the use and implementation of the
. monitoring program are described below.
Mitigation Monitoring Checklist
The Mitigation Monitoring Checklist (Table 1) is organized by categories of
environmental impacts, (e.g. biological resources, cultural resources). Potential impacts
identified in the EIR are summarized for each impact area and the required mitigation
measures are, listed. The checklist identifies the implementation schedule, agency
responsible for implementing the measure, monitoring mechanism, and requirEid
monitoring and reporting frequency. A description of these items is provided below.
Schedule for Implementation:
The mitigation measures required for the project will be implemented at various times as
construction proceeds and during the operation. Some measures must be implemented
before or during construction activities, while others must be implemented prior to final
occupancy of the homes. For each mitigation measure, the implementation schedule is
identified as Pre-Construction, During Construction, and Post Construction.
Monitoring Agency:
The Monitoring Agency responsible for ensuring that the mitigation measures are
properly implemented is identified for each mitigation measure. City departments
charged with community development, resource management, infrastructure and public
services are typically assigned monitoring responsibilities. If mitigation measures have
been requested by an agency that has jurisdiction by law over some component of the
environment, the City can request the agency to prepare a mitigation monitoring
program for those mitigation measures.
Resolution No, P-03-75
Page 41
Monitoring Mechanism:
Subheadings within this column identify the location of approval conditions (e.g., TTM,
DR, RC). Verification columns are provided for use by City staff to ensure that
measures are included o,n implementing maps and later installed on site.
Compliance Monitoring and Reporting:
SUbheadings within this column identify the frequency of required monitoring and
reporting.
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EXHIBIT C
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