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Res P-04-38 RESOLUTION NO. P-04-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP 03-05 ASSESSOR'S PARCEL NUMBER 314-194-51 WHEREAS, a request for a Tentative Parcel Map 03-05 to subdivide a 5.02- acre, vacant property located on the northwest corner of the intersection of Twin Peaks Road and Midland Road into two (2) residential lots was submitted by the James and William Kent Trust, Applicant; and WHEREAS, the subject property is located on the northwest corner of the intersection of Twin Peaks Road and Midland Road within the Rural Residential C zone; and WHEREAS, on May 25, 2004, the City Council held a public hearing on the above-referenced item; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for Tentative Parcel Map 03-05. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council finds on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a biological report by Robin Church Biological Consultants (dated December 17, 2003) was submitted for the property. Project development will impact approximately 1.48 acres of Coastal Sage Scrub habitat located on property outside of the Mitigation Areas of the Poway HCP. In accordance with the Poway HCP, the required findings for approval of the proposed mitigation for the removal of Coastal Sage Scrub habitat for Tentative Parcel Map 03-05 are as follows: A. The proposed project is outside of the Mitigation Area of the Poway HCP. The mitigation is consistent with and furthers the implementing objectives of the Resolution No. P-04-38 Page 2 Poway HCP in that the applicant will mitigate impacts to 1.48 acres of disturbed, isolated Coastal Sage Scrub at a 1:1 ratio. Said mitigation will be through the acquisition of suitable Coastal Sage Scrub habitat and the recordation of an off- site Biological Conservation Easement Deed preserving comparable undisturbed and unencumbered habitat of equal or greater conservation value located within the HCP Mitigation Area, and/or by the payment of In-Lieu Fees. B. Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu Fees will contribute toward the building of the ultimate total Mitigation Area preserve system of the HCP. Therefore, such habitat preservation and/or payment of In-Lieu Fees will serve to enhance the long-term viability and function of the preserve system. C. The habitat preserved through off-site dedication or purchased by mitigation In- Lieu Fees paid will be to the long-term benefit of the Poway Sub-area Habitat Conservation Plan (PSHCP) covered species and their habitats in that the recordation of a Biological Conservation Easement Deed over undisturbed and unencumbered habitat (See "AU above) and or the payment of In-Lieu Fees, will promote a meaningful addition to the assembly of a viable regional system of uninterrupted natural habitat resources, habitat linkages, buffers, and wildlife corridor. D. The preserved habitat will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the preservation of off-site conservation area(s) will be within an identified Mitigation Area within the City, and/or the payment of In-Lieu Fees will contribute likewise towards, assembling the total Mitigation Area preserve system. E. The preserved habitat will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public biological conservation easement deeds or In-Lieu Fees will be paid. Section 3: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for Tentative Parcel Map 03-05, are made as follows: A. The Tentative Parcel Map is consistent with the General Plan in that it proposes to create two residential parcels at densities consistent with the General Plan. B. The design and improvements required of the Tentative Parcel Map are consistent with the General Plan; in that the approved lot sizes and configurations adhere to the development standards for the Rural Residential C zone. Resolution No. P-O4-38 Page 3 C. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to provide 2 lots, with dimensions that are in keeping with General Plan and Zoning Ordinance standards. D. The design of the Tentative Parcel Map is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat in that the project site is an infill lot surrounded by development and the 1.48 acres of on-site Coastal Sage Scrub habitat is isolated and low quality, and no sensitive plant or animal species were observed on the lot. E. The Tentative Parcel Map is not likely to cause serious public health problems as City water and sewer service is available to the property to serve new development. F. The design of the Tentative Parcel Map will not conflict with any easement by the public at large, now of record, for access through or use of the property within the proposed subdivision. Section 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City ordinances, because all necessary services and facilities 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. Public access roadway improvements will be constructed to offset the project traffic impacts. 2. On-site drainage improvements will be constructed to handle the surface water runoff. 3. A fire hydrant will be constructed to serve the development and provide fire protection. 4. Water and sewer fees will be paid. On-site and off-site improvements will be made to provide water and sewer service to the development. 5. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. Section 5: The City Council hereby approves Tentative Parcel Map 03-05, to allow the subdivision of 5.02 acres of land located on the northwest corner of the intersection of Twin Peaks Road and Midland Road within the Rural Residential C zone into two (2) Resolution No. P-O4-38 Page 4 residential lots as shown on the Tentative Parcel Map, dated April 1, 2004, subject to the following conditions: 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. This approval is based on the existing site conditions represented on the approved Tentative Parcel 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 Parcel Map, prior to Parcel Map approval, must be approved by the Director of Development Services and may require approval of the City Council. D. The developer is required to comply with the Poway Noise Ordinance requirements that govern construction activity and noise levels. E. Within 30 days of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood. F. Within thirty (30) days after Tentative Parcel Map approval, the applicant shall apply for a Letter of Availability (LOA) to reserve sewerage availability, and post with the City a non-refundable reservation fee equal to twenty percent (20%) of the appropriate connection fee in effect at the time the LOA is issued. G. Prior to Parcel Map approval, unless other timing is indicated, the following conditions shall be complied with. 1. The Parcel Map, together with the supporting data and documentation, shall be submitted to the Engineering Division for review and approval, along with the appropriate map checking fee. The Parcel Map shall be prepared in conformance with City standards and procedures, City subdivision ordinance, Subdivision Map Act, Land Surveyors Act, and the Resolution of Approval as approved by the City Council and shall be in substantial conformance with the approved Tentative Parcel Map. 2. Easements and/or right-of-way dedications to the City within the limits of the subdivision shall be recorded prior to the Parcel Map approval. 3. Off-site easements to be dedicated by separate instrument shall be recorded prior to Parcel Map approval. Resolution No. P-04-38 Page 5 4. The applicant shall pay all applicable engineering, plan checking, map checking, permit, and inspection fees. 5. Water mains and their appurtenances to be installed at locations other than within public streets shall have an easement, a minimum of 20 feet wide for each line, dedicated to the City. 6. The water main shall be in designed and installed in accordance with the water systems analysis prepared for this project. 7. A photo-mylar copy of the recorded Parcel Map shall be provided to the City within 30 days from recordation or prior to issuance of a grading permit, whichever comes first. 8. Concurrent with submittal of the Parcel Map, improvement plans for the streets and water lines shall be prepared on standard sheets of mylar by a registered civil engineer and submitted for review and approval to the Engineering Section of Development Services. Plan check, map check, and inspection fees shall be paid by the developer concurrent with their submittal. g. Appropriate securities shall be posted for lot monumentation. 10. An on-site fire hydrant will be required for this project. 11. The property shall be annexed into Landscape Maintenance District 83-1A to the satisfaction of the Director of Public Works. 12. The developer shall install a 6-foot-high, solid wood fence along the westerly property line and adjacent to the driveway, and along the northerly property line of the subject property. The purpose of the fencing is to provide a privacy screen for the existing adjacent residential properties. The design and location of the fence shall be to the satisfaction of the Director of Development Services. 13. A note shall be included on the face of the Parcel Map stating that" A minimum 5-foot high noise barrier shall be constructed along the westerly, southerly, and easterly perimeter of the building pads for Parcel 1 and Parcel 2 as diagrammed in Figure 4 of the Exterior Noise Assessment dated November 26, 2003, prepared by Pacific Noise Control." A deed covenant shall be prepared and recorded on Parcel 1 and Parcel 2 to notify future lot owners of said noise barrier construction requirement. H. Prior to Grading Permit issuance or Improvement Plan approval, unless other timing is indicated, the following conditions shall be complied with: Resolution No. P-04-38 Page 6 1. A grading plan is required for development of the lots, and shall be prepared on mylar at a scale of 1"=20', and submitted to the Development Services Department - Engineering Division for review and approval. As a minimum, the grading plan shall show the following: a. All new slopes with a maximum 2:1 (horizontal to vertical) slope. 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. A separate erosion control plan for prevention of sediment run-off during construction. c. 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. d. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon any easement without an approved encroachment agreement/permit. e. 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. f. Pad elevations shown on the grading plan shall not change by more than 2 feet from the elevations shown on the approved Tentative Parcel Map (Parcel 1 = 636 feet, Parcel 2 = 610 feet). In the event the developer encounters rock during grading operation that would make it difficult to achieve a pad elevation of 636 feet for Parcel 1, then the maximum pad elevation that would be allowed not requiring additional City Council approval is 641.1 feet (original proposed pad elevation for Parcel 1). g. Method of water and sewer connections for the future dwelling units, and the associated improvements. h. A Master Tree Inventory, prepared by a recognized arborist, landscape architect, or biologist, shall be provided to the Planning Resolution No. P-04-38 Page 7 Division. The inventory shall identify and note the type, size, and location of all existing on-site trees. The eucalyptus trees and the oak tree along the northerly property line shall be preserved in place if possible. Any trees that will be removed by project grading or improvements are required to have a Tree Removal Permit approval by the Planning Division prior to issuance of grading or improvement plan approval. Removed trees are required to be replaced in accordance with the City's Tree Ordinance-Section 12.32.180 of the Poway Municipal Code. i. Show the required deceleration lane along the easterly Twin Peaks Road frontage of the project. 2. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. 3. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the subdivision and all surface water flowing onto the subdivision from adjacent lands. Said system shall include all easements required to properly handle the drainage. Concentrated flows across driveways are not permitted. 4. The design of the access driveway shall be shown on the grading plans and include the following: a. Compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, including minimum structural section together with its elevations and grades. b. The driveway profile, including the proposed curb. c. The driveway entrance shall be so designed to include handicap accessibility ramps on both sides in accordance with the latest Americans with Disability Act standards. No portion of the private curbing for driveway shall encroach into the existing right-of-way of Twin Peaks Road. d. Modifications and relocation of the existing bus zone on Twin Peaks Road as a result of the proposed driveway, and as approved by the local transit district. e. Restriping of the bike lane on Twin Peaks Road at the driveway opening. Resolution No. P-04-38 Page 8 f. The fire apparatus turnaround shall meet the approval of the Poway Fire Department. 5. Prior to issuance of a grading permit, the applicant shall file with the State Regional Water Quality Control Board a Notice of Intent for coverage under the statewide General Permit that covers stormwater discharges. Proof of filing the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department - Engineering Division prior to issuance of a grading or building permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 6. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control, a desiltation basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a ten-year, six-hour storm event; a material storage site and handling measures to protect construction material from being exposed to storm runoff, protection of all storm drain inlets, on-site concrete truck wash and waste control, and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system including a weather triggered action plan. The engineer shall certify the SWPPP. 7. The developer shall design and construct a deceleration lane along the easterly Twin Peaks Road frontage to the satisfaction of the City Engineer. 8. The applicant shall pay all applicable engineering, plan checking, map checking, permit, and inspection fees. 9. The improvements fronting Twin Peaks Road and the driveway improvements shall be included in the cost estimates for plan checking and determination of inspection fees. 10. Grading securities in the form of a performance bond and cash deposit, or a letter of credit shall be posted with the City. The improvements fronting Twin Peaks Road shall be included in the cost estimates for determining the securities. Resolution No. P-04-38 Page 9 11. Grading of the project shall be in substantial conformance with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Management and Discharge Control Ordinance, and Drainage and Watercourses Ordinance. 12. Erosion control, including, but not limited to, desiltation 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 applicant/developer shall make provisions to insure proper maintenance of all erosion control devices. 13. 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. 14. Submittal of a request for, and then subsequently hold, a pre-construction meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as, but not limited to, contractors, subcontractors, project civil engineer, project soils engineer must attend the pre-construction meeting. 15. The project shall comply with the standards of the Poway Grading Ordinance, NPDES and SUSMP (Standard Urban Storm Water Mitigation Plan) which include the following: a. After clearing, grading, or earth moving, the project area shall be wet down sufficiently enough to prevent dust pick up by the wind. b. Street sweeping shall be implemented as required. 16. Provide mitigation to the satisfaction of the Director of Development Services consistent with the Poway Habitat Conservation Plan and mitigate impacts to 1.48 acres of Coastal Sage Scrub habitat at a 1:1 ratio (1.48 acres of CSS total mitigation required). Said mitigation shall be through the dedication of an off-site biological conservation easement preserving comparable undisturbed and unencumbered habitat, and/or by the payment of In-Lieu Fees at the established rate. Presently the In-Lieu Fee rate is $10,000 per acre. 17. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, grading during this timeframe will only be permitted subject to the following conditions having been met to the satisfaction of the Director. Resolution No. P-04-38 Page 10 a. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS) are implemented. There is no guarantee that grading will be allowed to resume. b. If grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division, before issuance of a Clearing/Grading Permit, a letter from a qualified biologist retained by the applicant with a scope of work for a CSS habitat and Gnatcatcher survey and report for the area to be cleared and/or graded and CSS habitat areas within 500 feet of such area. The biologist shall contact the USFWS to determine the appropriate survey methodology. The purpose of the survey is to determine if any active Gnatcatcher nests are located in the area to be cleared or graded or in CSS habitat within 500 feet of such area. To be considered qualified, the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the U.S. Fish and Wildlife Service (USFWS). c. The scope of work shall explain the survey methodology for the biological survey and the proposed Gnatcatcher nest monitoring activities during the clearing/grading operation. d. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatcher nests are not present within the area to be graded/cleared or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the Gnatcatcher nesting season from February 15 through July 1. e. If Gnatcatchers are present within the area to be graded/cleared or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time. f. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. Resolution No. P-04-38 Page 11 18. All manufactured slopes of 5:1 or greater shall be planted and irrigated to the satisfaction of the Director of Development Services. A landscaping plan shall be submitted to the Planning Division for review and approval pursuant to the City of Poway Guide to Landscape Requirements. The appropriate landscaping plan check fee shall be submitted with the plans (the fee is based on the estimated cost of the improvements). 19. The existing irrigation for the landscaped slope is required to be capped off at the western edge of the construction area to the satisfaction of the Director of Public Works. The remaining irrigation and landscaping is required to be complete and protected in place. I. Prior to Building Permit issuance, the applicant shall comply with the following: 1. The Parcel Map for Tentative Parcel Map No. 03-05 shall be approved and recorded and a mylar copy of the recorded map shall be provided to the Development Services-Engineering Division. 2. Improvements for Tentative Parcel Map No. 03-05 shall be completed to the satisfaction of the City Engineer. 3. The subdivision shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 4. The applicant shall attend a pre-construction meeting, at which time they shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for erosion control can be provided using one or more of the following guidelines: a. Provide an on-site desiltation basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Cover all flat areas with an approved mulch. c. Install an earthen or gravel bag berm that retains 3 inches of water over all at areas prior to discharge, effectively creating a desiltation basin from the pads. 5. Minor Development Review shall be completed for each new house design, including, but not limited to, site plans, and building elevations, incorporating all conditions of approval through the Planning Division. Resolution No. P-04-38 Page 12 6. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained by the developer throughout construction of the project. The developer shall maintain all erosion control devices throughout their intended life. 7. 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. 8. Prior to start of any work within City-held easements or right-of-way, a Right-of-Way Permit shall be obtained from the Development Services Department, Engineering Division. All appropriate fees shall be paid prior to permit issuance. g. Rough grading of the lots is to be completed and meet the approval of the City inspector and shall include submittal of the following: a. A certification of line and grade for each lot, prepared by the engineer of work. b. A final soil compaction report for each lot for review and approval by the City. 10. Non-supervised or non-engineered fill is not allowed. Rock disposal areas shall be graded in compliance with City approved soils recommendations and the approved grading plans. 11. Prior to rock blasting, a pre-blast survey of the surrounding properties shall be conducted to the satisfaction of the Director of Development Services, and a blasting permit shall be obtained from the Engineering Division. Seismic recordings shall be taken for all blasting. Blasting shall occur only at locations and levels approved by the Director of Development Services. 20.AII proposed and existing utilities within the project shall be installed underground. 21. Prior to delivery of combustible building materials, the on-site water systems for TPM 03-05 shall satisfactorily pass all required tests and be connected to the public water and sewer systems. Fire hydrants shall be installed and activated at locations to be determined by the Fire Marshal and as shown on the improvement plans. Resolution No. P-04-38 Page 13 22. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. As a minimum, all protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 15. The following development fees shall be paid for each residential site. These fees are currently in effect and are subject to change without notice: Water: Meter *Expansion **SDCWA Service Size Cost Fee Fee Line %" $130 $3,710 $2,004 $1,430 1" $270 $6,678 $3,206 $1,430 * If a 1" meter is required only for fire safety/sprinklers, then %" fees for expansion and SDCWA will be applicable. ** To be paid by separate check, payable to San Diego County Water Authority. Sewer Connection Clean-out Inspection $2,356 $50 $25 Traffic Mitigation $ 990/lot Park $2,720/lot Drainage $1,570/lot 16. To mitigate exterior noise impacts to a level that is less than significant, noise barriers (consisting of walls, berms, or a combination of both), a minimum height of 5 feet, shall be constructed along the westerly, southerly, and easterly perimeter of the building pads for Parcel 1 and Parcel 2 as diagrammed in Figure 4 of the Exterior Noise Assessment dated November 26, 2003, prepared by Pacific Noise Control. The required walls shall be shown on the site plan(s). The design of the walls shall be to the satisfaction of the Director of Development Services. a. To insure that the project complies with the 45 decibel CNEL interior noise standard, a noise analysis/certification is required to be prepared for the residences on Parcel 1 and Parcel 2. Resolution No. P-04-38 Page 14 J. Prior to issuance of certificate of occupancy, the following shall be complied with: 1. An adequate drainage system around each building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 2. The noise wall required in Condition No. 1.16 for Parcel 1 shall be constructed to the satisfaction of the Planning Division prior to approval of occupancy on Parcel 1. The noise wall required in Condition No. 1.16 for Parcel 2 shall be constructed to the satisfaction of the Planning Division prior to approval of occupancy on Parcel 2. 3. Driveways, drainage facilities, slope landscaping and protection measures, utilities, water improvements, and all roadway improvements shall be constructed, completed, and inspected by the Engineering Inspector. Driveways shall be constructed in accordance with Poway Municipal Code, Section 17.08.170D, and the structural sections shall be shown on the grading plans. 4. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to the public road improvements caused by construction activity from this project. 5. 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. Section 6: The approval of Tentative Parcel Map 03-05 expires on May 25, 2006, at 5:00 p.m. The Parcel Map conforming to this conditionally approved Tentative Parcel Map shall be filed with the City so that the City may approve the Parcel Map before this approval expires, unless, at least 90 days prior to the expiration of the Tentative Parcel Map, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. Section 7: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on May 25, 2004. Resolution No. P-04 -38 Page 15 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 25th day of May 2004. ATTEST: ~t)\ ~ O'\fo'J ~~ ori Anne Peoples, City C rk 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-O4- 38 was duly adopted by the City Council at a meeting of said City Council held on the 25th day of May 2004 and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: REX FORD Resolution No. P-04-38 Page 16 EXHIBIT A MITIGATION MONITORING PROGRAM FOR TENTATIVE PARCEL MAP 03-05 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This mitigation monitoring program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Resolution No. P-04-38 Page 17 ToDic Mitiaation Measure Timina Responsibility Air Quality a. The project shall comply with the a. Prior to Grading Permit a. Applicant standards of the Poway Grading and during Grading Ordinance, NPDES, and SUSMP Operation (Standard Urban Storm Water Mitigation Plan) which will include the following related to air quality: 1. After clearing, grading or earth moving, the project area shall be wet down sufficiently enough to prevent dust pick up by the wind. 2. Street sweeping shall be implemented as reouired. Biological a. Off-site dedication of 1.48 acres of Coastal a. Prior to Grading, a. Applicant Resources Sage Scrub habitat of equal or greater Administrative Permit value. Said dedication shall require the or Improvement Plan applicant to place 1.48 acres of Coastal approval. Sage Scrub of in kind habitat in a Biological Conservation Easement or payment of a habitat mitigation In-Lieu Fee. The current rate is $1 O,OOO/acre. Traffic a. The project driveway shall be configured a. Prior to Grading Plan a. Applicant with a raised median to discourage left or Improvement Plan turn ingress and egress to the satisfaction approval b. Applicant of the Director of Development Services. 1. A deceleration lane shall be provided b. Grading Plan or along the easterly Twin Peaks Road Improvement Plan frontage of the project to allow for approval transition of vehicles accessing the project site from westbound Twin Peaks Road. Noise a. The developer shall construct a minimum a. Prior to approval of a. Developer/ 5-foot-high noise barrier (consisting of occupancy of Parcel 1 Applicant walls, berms or combination of both along or Parcel 2. the easterly, southerly, and westerly b. Developer/ perimeter of the building pads for Parcel 1 b. Prior to Building Permit Applicant and Parcel 2 as diagrammed in Figure 4 Issuance of the Exterior Noise Assessment, dated November 26, 2003, prepared by Pacific Noise Control). b. A noise analysis/certification shall be provided for the proposed future residences on Parcel 1 and Parcel 2 to certify compliance with the 45 decibel CNEL interior noise standard.