Res P-05-11
RESOLUTION NO. P-05-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION
AND TENTATIVE TRACT MAP (TTM) 03-02
ASSESSOR'S PARCEL NUMBERS 321-100-01 and 08
WHEREAS, A request was submitted by Northpoint Development for a Tentative
Tract Map (TTM 03-02) for a 5-lot subdivision of approximately 85 acres, consisting of 4
residential lots ranging in size from 4 to 6 acres and one open space lot, located at the
southerly terminus of Tooth Rock Road in the Rural Residential AtOpen Space-Resource
Management zone; and
WHEREAS, on February 15, 2005, 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 Tract Map 03-02. 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 REC Consultants (dated October 2003) was submitted for the
property. Project development will permanently impact approximately 7.9 acres of
habitat, consisting of Coastal Sage Scrub (CSS) and Chamise Chaparral, located on
property inside of the Mitigation Area, the Biological Core and Linkages Area, and
Proposed Resource Protection Area 11/Rattlesnake Canyon Cornerstone of the Poway
HCP. In accordance with the Poway HCP, the required findings for approval of the
proposed mitigation for the removal of habitat for Tentative Parcel Map 03-02 are as
follows:
A. The proposed project is inside of the Mitigation Area of the Poway HCP. Per the
HCP, habitat impact mitigation is required at the rate of 2:1 for CSS and 1:1 for
Chamise Chaparral. Accordingly, 13.98 acres is required mitigation for CSS and 1
acre is required mitigation for Chamise Chaparral, for an overall total of 14.98
Resolution No. P-05-11
Page 2
acres of mitigation. Approximately 9.91 acres of habitat on the site, which is not in
a Biological Conservation Easement (BCE), shall be put into a BCE as partial
mitigation. This habitat is contiguous to other habitat on the site that is already in
a BCE. The balance of the mitigation requirement, or 5.07 acres, will be satisfied
by either purchase of similar habitat within the Mitigation Area, or by payment of
an In-Lieu Fee. Therefore, the mitigation is consistent with and furthers the
implementing objectives of the Poway HCP.
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 will be to the long-term benefit of the Poway Subarea Habitat
Conservation Plan (PSHCP) covered species and their habitats in that the
recordation of a Biological Conservation Easement Deed over undisturbed and
unencumbered habitat (see "A" above) and/or the payment of In-Lieu Fees will
promote a meaningful addition to the assembly of a viable regional system of
uninterrupted natural habitat resources, habitat linkages, buffers, and wildlife
corridors.
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 Tract Map 03-02, are made as
follows:
A. The Tentative Tract Map is consistent with the General Plan in that it proposes to
create 4 residential parcels, in a "lot averaged" subdivision, ranging in size from 4
to 6 net acres, on an approximate 85-acre site, that comply with the density limits
and minimum lot size standards contained in the General Plan and Poway
Municipal Code.
Resolution No. P-05-11
Page 3
B. The design and improvements required of the Tentative Tract Map are consistent
with the General Plan, in that road and water line improvements comply with City
design standards.
C. The site is physically suitable for the type of development and the density
proposed in that the proposed subdivision complies with the density limitations and
minimum lot size standards of the General Plan and Poway Municipal Code.
D. The design of the Tentative Tract Map is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or their habitat
in that the anticipated impacts to biological resources will be mitigated to a level of
insignificance.
E. The Tentative Tract Map is not likely to cause serious public health problems as
City water service, in a looped system, will be provided to the site by the developer
and the project's septic system will be designed to comply with City and/or County
of San Diego Department of Environmental Health standards.
F. The design of the Tentative Tract 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 since the vacation of an existing, land locked, public road
easement, which is proposed by the developer, is required to occur prior to the
approval of Final Map.
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 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. Roadway improvements on-site, and leading to the site from High Valley
Road, will be constructed.
2. A looped water line from the existing line in High Valley Road will be
constructed to serve the development.
3. On-site drainage improvements will be constructed to handle the surface
water runoff.
4. A fire hydrant will be constructed to serve the development and provide fire
protection.
Resolution No. P-05-11
Page 4
5. Water fees will be paid. On-site and off-site improvements will be made to
provide water service to the development.
6. 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 Tract Map 03-02, a lot-
averaged subdivision to allow a 5-lot subdivision of an approximate 85-acre site,
consisting of 4 residential lots ranging in size from 4 to 6 acres, and one open space lot,
located at the southerly terminus of Tooth Road in the Rural Residential AIOpen Space-
Resource Management zone, as shown on the Tentative Tract Map dated October 6,
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 Application (and Hillside-
Ridgeline Review, if applicable) 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 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.
D. The developer is required to comply with the Poway Noise Ordinance
requirements that govern construction activity and noise levels.
E. Within thirty (30) days after City Council approval of the Tentative Tract Map, the
applicant shall submit in writing to the City that all conditions of approval have
been read and understood.
F. The project shall take access from the private road easement leading from High
Valley Road, as shown on the approved Tentative Tract Map. No road easement
or other access easement, except the public recreation trail easements on the
approved Tentative Tract Map, shall be allowed through the recorded Biological
Conservation Easement.
G. Prior to Final Map approval, unless other timing is indicated, the following
conditions shall be complied with.
Resolution No. P-05-11
Page 5
(Engineering)
1. Submittal of a Final Map to the City for review and approval. The Final Map
shall conform to City standards and procedures, the City Subdivision
Ordinance, the Subdivision Map Act, the Land Surveyors Act, and the
Resolution of Approval as approved by the City Council, and shall be in
substantial conformance with the approved Tentative Tract Map.
Appropriate map review fees shall be paid at time of submittal. Prior to
Final Map approval, the words "This is a Lot Averaged Subdivision" shall be
put on the Final Map.
2. Record with the County Recorders Office a City-approved Conditions,
Covenants, and Restrictions (CC&Rs) document, or other instrument, to the
satisfaction of the City Engineer, to provide maintenance of private road
and drainage facilities.
3. Post a cash deposit to the City, in an amount equivalent to $100.00 per
sheet of the parcel map, for the photo mylar reproduction of the recorded
Final Map. If applicant/developer provides the City with the photo mylar
copy of the recorded Final Map within 3 months from recordation or prior to
Building Permit issuance to Parcel 1, whichever comes first, said cash
deposit shall thereafter be refunded to the depositor, otherwise it shall be
used by the City to pay for the reproduction of a photo mylar copy.
4. Easements and/or right-of-way dedications to the City within the limits of the
subdivision shall be made on the Final Map. Water mains and their
appurtenances are to be installed at locations other than within public
streets and shall have an easement, a minimum of 20-feet wide for each
line, dedicated to the City.
5. A monumentation bond in an amount acceptable to the City Engineer shall
be posted.
6. Applicant shall submit to the City a "will serve letter" from San Diego Gas
and Electric to provide gas and electric utilities for the project.
7. Vacation of the existing 60-foot-wide road and utility easement and the
existing 15-foot-wide utility easement shall be completed before Final Map
or Grading Permit approval, whichever occurs first.
8. Prior to the approval of Final Map or the issuance of a Grading Permit,
whichever occurs first, it shall be demonstrated to the satisfaction of the
City Engineer that the proposed septic systems comply with City standards
and/or San Diego County Department of Environmental Health standards.
Additionally septic areas shall be designed to not conflict with public trails
that will be provided on-site.
Resolution No. P-05-11
Page 6
(Planning)
9. A public recreation trail shall be provided on and off-site as depicted on the
Tentative Tract Map. Additionally, a public trail shall be provided in the
general location of the existing worn trail, which is in the alignment of the
road easement that the developer intends to vacate. The maximum trail
easement width shall be 20 feet and the maximum improvement width shall
be 10 feet. A lesser easement, and improvement, may be approved by the
Director of Public Works. All public trails shall be shown on the Final Map,
the grading plan and the street improvement plan, and shall be improved to
the satisfaction of the Director of Development Services and the Director of
Public Works. All trails shall be sited and designed for ultimate connection
with the City-wide trail network.
10. The finished pad elevations on Lots 1 and 2 shall be lowered by 2 feet from
the elevation shown on the approved Tentative Tract Map. The new pad
elevations shall be shown on the Final Map and on the grading plan. The
lowering of finished pad elevations shall not result in an expansion of the
limits of grading as shown on the approved TTM, unless it has been
demonstrated to the satisfaction of the Director of Development Services,
that any increase in the limits of grading complies with the project's
maximum allowable grading pursuant to City standards.
11. Homes on Lots 1 and 2 shall be limited to 28 feet in height from the finished
pad elevation shown on the Final Map. Prior to Final Map approval, the
applicant shall record a covenant on Lots 1 and 4 identifying the 28-foot
height limit.
12. Prior to the issuance of a Grading Permit, or Final Map approval, whichever
occurs first, the applicant shall submit documentation and/or exhibits which
demonstrate, to the satisfaction of the Director of Development Services,
that the removal of Coastal Sage Scrub on proposed Lot 2 has been
reduced by 0.28 acres to comply with City/HCP standards.
13. Prior to the issuance of a Grading Permit, Administrative Clearing Permit or
Final Map approval, whichever occurs first, the applicant shall mitigate for
the on-site and off-site permanent removal of 6.99 acres of Coastal Sage
Scrub at the rate of 2:1 and 1 acre of on-site Chamise Chaparral at the rate
of 1:1, for an overall requirement of 14.98 acres. A Biological Conservation
Easement (BCE) over 9.91 acres of on-site CSS and Chamise Chaparral
shall be partial mitigation. The balance of required mitigation, 5.07 acres,
shall be satisfied by either the establishment of a BCE over like habitat
within the Poway Subarea Habitat Conservation Plan (HCP) Mitigation Area
or the payment of a In-Lieu Fee. The BCE shall be approved by the
Director of Development Services, and shall be notarized and recorded with
Resolution No. P-05-11
Page 7
the County of San Diego at the cost of the applicant. In compliance with the
HCP, the City shall re-zone the mitigation land to Open Space-Resource
Management to insure its permanent preservation.
14. Prior to the issuance of a Grading Permit, Administrative Clearing Permit, or
approval of the Final Map, whichever occurs first, the applicant shall consult
with the appropriate State and Federal permitting agencies regarding the
blue line stream located on the site. The applicant shall submit
documentation of the project's compliance with the permitting agencies
requirements to the City, and shall incorporate any permitting agency
requirements into the project plans.
15. Prior to the issuance of a Grading Permit, Administrative Clearing Permit or
approval of the Final Map, whichever occurs first, the applicant shall submit
to the City for review and approval a Habitat Restoration and Monitoring
Plan (HRMP) and applicable review fees. The HRMP is for the septic field
areas that the developer proposes to revegetate to comply with City HCP
requirements. These areas shall be placed into an Open Space Easement,
along with other portions of the lots that are outside the project
development area and outside of any Biological Conservation Easement
area. The Open Space Easement shall be approved by the Director of
Development Services, and shall be notarized and recorded with the
County of San Diego at the cost of the applicant. Habitat restoration over
the septic field areas, which are outside of the required fire fuel
management areas, shall be conducted and maintained as habitat for the
life of the project.
H. Prior to Grading Permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
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 five feet from tops and toes of slopes, unless
waived by the Planning Division and/or Engineering Division prior to
issuance of a Grading Permit.
Resolution No. P-05-11
Page 8
b. Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
c. A separate erosion control plan for prevention of sediment runoff
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 Agreement!
Permit.
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. Any utility improvements that are greater than 36
inches in height will be required to be screened by landscaping.
2. 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.
3. Pad elevations shown on the grading plan shall not change by more than
two feet in height from the elevations shown on the approved tentative map,
unless otherwise approved by the City Council.
4. 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.
5. 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. The
study shall also demonstrate that the project will not increase runoff to
adjacent properties.
Resolution No. P-05-11
Page 9
6. If grading of this project is to disturb one acre or more, the property owner
shall file with the State Regional Water Quality Control Board a Notice of
Intent (NOI) of coverage under the statewide General Permit that covers
storm water discharges. Proof of filing of 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
7. If grading of this project is to disturb one acre or more, the property owner
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 de-silting basin with a
capacity of 3,600 cubic feet of storage per acre drained, or designed to
remove fine silt for a 10-year, 6-hour storm event; a material storage site;
measures to protect construction material from being exposed to storm
water control; and other means of Best Management Practices to effectively
eliminate pollutants from entering the storm drain system. The engineer
shall certify the SWPPP prior to issuance of the Grading Permit.
8. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained throughout construction of the project. 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.
9. Grading securities in the form of a performance bond and cash deposit, or a
letter of credit shall be posted with the City.
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 applicant/developer shall pay the following fees, and post or pay the
grading securities:
Resolution No. P-05-11
Page 10
a. Grading Permit, plan checking, inspection, Right-of-Way Permit, and
geotechnical review fees. The Grading Permit fee shall be paid at
first submittal of grading plans.
b. The driveway construction cost shall be included in the cost
estimates for plan checking and determination of inspection fees.
12. 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 and project soils engineer
must attend the preconstruction meeting.
13. Applicant construction staking is to be 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.
14. 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.
15. 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.
16. All on-site and off-site project grading may be required to be conducted
outside the rainy season.
(Planning)
17. The limits of approved habitat removal shall be clearly shown on the
grading plan and staked in the field prior to commencing grading.
18. Prior to the removal of any tree within the Eucalyptus Woodland on-site,
during the recognized nesting season for raptors, a qualified professional
shall evaluate the subject tree(s) for a raptor nest and report the findings in
writing to the City. Should a nest or nests be located, the tree removal shall
be delayed until such time the nest or nests have been abandoned.
Resolution No. P-05-11
Page 11
19. 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, any grading or clearing during this timeframe
will only be permitted subject to the following conditions having been met to
the satisfaction of the Director of Development Services.
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.
a. Before issuance of a Clearing/ Grading Permit, if grading or clearing
is to occur between February 15 and July 1, the applicant shall
provide to the Planning Division a letter from a qualified biologist
retained by the applicant, with a scope of work for the CSS habitat
and Gnatcatcher Survey and a map showing all habitat areas
including all CSS habitat within 500 feet of the area to be graded.
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 if CSS habitat is 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 USFWS. 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.
b. Should the survey show, to the satisfaction of the Director of
Development Services, that active Gnatcatcher nests are not present
within the area to be graded or cleared, or within 500 feet of said
area, approval may be granted to commence grading/clearing within
the Gnatcatcher nesting season between February 15 and July 1
with appropriate monitoring during that time.
c. If Gnatcatchers are present within the area to be graded/cleared, or
within 500 feet of that area, no grading will be allowed unless
appropriate mitigation is completed.
20. Install permanent signs and fencing as deemed necessary by the Director
of Development Services, to delineate the limits of the Biological
Conservation Easement(s) present on the site when grading of the project
is complete to be verified by Planning staff before the issuance of a building
permit or the release of grading securities whichever occurs first.
Resolution No. P-05-11
Page 12
20. The finished pad elevations on Lots 1 and 2 shall be lowered by 2 feet from
the elevation shown on the approved Tentative Tract Map. The new pad
elevations shall be shown on the Final Map and on the grading plan. The
lowering of finished pad elevations shall not result in an expansion of the
limits of grading as shown on the approved TTM, unless it has been
demonstrated to the satisfaction of the Director of Development Services,
that any increase in the limits of grading complies with the project's
maximum allowable grading pursuant to City standards.
21. All project retaining walls shall be shown on the grading plan. No retaining
walls, other than those needed for the off-site road improvements as shown
on the approved Tentative Tract Map, shall be permitted. Retaining walls
shall not exceed 5 feet in height. Retaining wall heights greater than 5 feet
shall require City Council approval.
K. Prior to Building Permit issuance the applicant shall comply with the following:
(Engineering)
1. 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.
2. 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.
3. The applicant shall provide a new looped water system when the extension
from the existing main to the project is greater than 1000 feet. This new
system shall be installed to the satisfaction of the City Engineer.
4. The City may require an improvement plan to be prepared, for which plan
checking and inspection fees shall be paid.
5. Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows and are subject to
change without further notice. The amounts to be paid shall be those in
effect at time of payment. The San Diego County Water Authority (SDCWA)
fee for a %" meter is $2004, and for a 1" meter is $3,206. If a 1" meter is
Resolution No. P-05-11
Page 13
required only as a result of fire sprinklers, the 0/. " base capacity and
SDCWA fees will be applicable.
Water base capacity fee (Resolution No. 91-123)
For 0/." meter = $3,710.00 per meter
For 1" meter = $6,678.00 per meter
Other meter sizes = Contact Engineering Division
Water meter fee (Resolution No. 91-123)
For 0/." meter = $ 130.00 per meter
For 1" meter = $ 140.00 per meter
Other meter sizes = Contact Engineering Division
Traffic mitigation fee
= $3960.00*
*(4 Lots X $990.00/Lot = $3960.00)
Drainage fee = $7850.00**
**Drainage fee = $1,570.00 x 4 lots = $6280.00
Park fee
= $ 10,880.00***
***Park fee = $2,720.00 x 4 lots = $ 10,880.00
(Fire)
6. Prior to delivery of combustible building materials, an on-site water system
shall satisfactorily pass all required tests.
7. Installation of fire hydrantls at location(s) determined by the City Fire
Marshal. A water analysis may be required to analyze the fire hydrant(s)
adequacy to City's standards for fire flow and pressure. Any additional
improvement recommendation made in the analysis shall be constructed.
Payment for preparation of the analysis shall be paid to the City upon
demand.
(Planning)
8. The Final Map shall be approved and recorded.
9. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein.
10. A Minor Development Review Application (MDRA) approval shall be
obtained for home construction on a given lot before the issuance of a
building permit on that lot.
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Page 14
L. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
(Engineering)
1. Driveways, drainage facilities, slope landscaping and protection measures,
and utilities shall be constructed, completed, and inspected by the
Engineering Inspector. The driveway shall be constructed in accordance
with Poway Municipal Code, Section 17.08.170D, and its structural section
shall be shown on the grading plan.
2. All existing and new utilities within the project shall be placed underground.
The subdivider shall be responsible for the relocation and under grounding
of existing public utilities less than 34.5 kV, unless specifically waived by
the Director of Development Services.
3. 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.
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.
(Planning)
5. Habitat restoration over the septic field areas, which are outside of the
required fire fuel management areas, shall be conducted and maintained as
habitat for the life of the project.
Section 6: The approval of Tentative Tract Map 03-02 expires on February 15, 2007,
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 Parcel Map before 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 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 February 15, 2005.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 15th day of February 2005.
Resolution No. P-05-11
Page 15
-
ATTEST:
~~~
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty
of perjury, that the foregoing Resolution No. P-05-11 was duly adopted by the City
Council at a meeting of said City Council held on the 15th day of February 2005 and that
it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
L. D' ne Shea, City Clerk
City of Poway
Resolution No. P-05-11
Page 16
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR TTM 03-02
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This mitigation monitoring program has been
prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction activities.
The order shall remain in effect until compliance is assured. Non-compliance situations,
which may occur subsequent to project construction, will be addressed on a case-by-
case basis and may be subject to penalties according to the City of Poway Municipal
Code. When phasing of development has been established, it may be necessary for this
Monitoring Program to be amended, with City approval.
Topic
Biology
Mitiaation Measure
Habitat restoration over the septic field
areas, which are outside of the
required fire fuel management areas,
shall be conducted and maintained as
habitat for the life of the project.
Prior to the issuance of a Grading
Permit or an Administrative Clearing
Permit or approval of the Final Map
whichever occurs first, the applicant
shall submit to the City for review and
approval a Habitat Restoration and
Monitoring Plan, and applicable review
fees. These areas shall be placed into
an Open Space Easement along with
other portions of the lots that are
outside the project development area
and outside of any Biological
Conservation Easement area. The
Open Space Easement shall be
approved by the Director of
Development Services, and shall be
notarized and recorded with the
County of San Diego at the cost of the
acclicant.
Timina
Prior to
Certificate of
Occupancy
(for
restoration)
Prior to the
issuance of a
Grading
Permit or the
approval of
Final Map,
whichever
occu rs first
(for submittal
of plan)
ResDonsibility
Applicant
Applicant
Install permanent signs and fencing as
deemed necessary by the Director of
Development Services, to delineate
the limits of the Biological Conserv-
ation Easement(s) present on the site.
The limits of approved habitat removal
shall be clearly shown on the grading
plan and staked in the field prior to
commencing grading.
Prior to the issuance of a Grading
Permit, or Final Map approval,
whichever occurs first, the applicant
shall submit documentation and/or
exhibits which demonstrate to the
satisfaction of the Director of
Development Services, that the
removal of Coastal Sage Scrub on
proposed Lot 2 has been reduced by
0.28 acres to comply with City/HCP
standards.
Prior to the issuance of a Grading
Permit or an Administrative Clearing
Permit or Final Map approval,
whichever occurs first, the applicant
shall mitigate the on-site and off-site,
permanent removal of 6.99 acres of
Coastal Sage Scrub (CSS) at the rate
of 2:1, and 1 acre of on-site Chamise
Chaparral at the rate of 1: 1 for an
overall requirement of 14.98 acres. A
Biological Conservation Easement
(BCE) over 9.91 acres of on-site CSS
and Chamise Chaparral shall be
partial mitigation. The balance of
required mitigation, or 5.07 acres,
shall be satisfied by either the
establishment of a BCE over like
habitat within the Poway Subarea
Habitat Conservation Plan (HCP)
Mitigation Area or the payment of an
In-Lieu Fee. The BCE shall be
Resolution No. P-05-11
Page 17
Prior to
starting
grading
Prior to the
issuance of a
Grading
Permit or the
approval of
Final Map,
whichever
occu rs fi rst
Prior to the
issuance of a
Grading
Permit or the
approval of
Final Map,
whichever
occu rs first
Applicant
Applicant
Applicant
approved by the Director of
Development Services, and shall be
notarized and recorded with the
County of San Diego at a cost to be
paid by the applicant. In compliance
with the HCP, the City shall re-zone
the mitigation land to Open Space-
Resource Management to insure its
permanent preservation.
Prior to the issuance of a Grading
Permit or Administrative Clearing
Permit, or approval of the Final Map,
whichever occurs first, the applicant
shall consult with the appropriate
State and Federal permitting agencies
regarding the blue line stream located
on the site.
The applicant shall submit
documentation of the project's
compliance with the permitting
agencies requirements to the City, and
shall incorporate any permitting
agency requirements into the project
plans.
Prior to the removal of any tree within
the Eucalyptus Woodland on-site,
during the recognized nesting season
for ra, ptors a qualified professional
shall evaluate the subject tree(s) for a
raptor nest and report the findings in
writing to the City. Should a nest or
nests be located in the tree, removal
shall be delayed until such time the
nest or nests have been abandoned.
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
cermitted. Therefore, anv aradina or
Resolution No. P-05-11
Page 18
Prior to the
issuance of a
Grading
Permit or the
approval of
Final Map,
whichever
occu rs fi rst
Prior to the
removal of
any tree
Prior to and
during
grading
Applicant
Applicant
Applicant
clearing during this timeframe will only
be permitted subject to the following
conditions having been met to the
satisfaction of the Director. 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.
Before issuance of a Clearing/
Grading Permit, if grading or clearing
is to occur between February 15 and
July 1, the applicant shall provide to
the Planning Division a letter from a
qualified biologist retained by the
applicant, with a scope of work for the
CSS habitat and Gnatcatcher Survey
and a map showing all habitat areas
including all CSS habitat within 500
feet of the area to be graded. 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 if
CSS habitat is 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 USFWS. 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.
Prior to
Grading
Permit
Resolution No. P-05-11
Page 19
Applicant
Resolution No. P-05-11
Page 20
Should the survey show, to the
satisfaction of the Director of
Development Services, that active
Gnatcatcher nests are not present
within the area to be graded or
cleared, or within 500 feet of said
area, approval may be granted to
commence grading/clearing within the
Gnatcatcher nesting season between
February 15 and July 1 with
appropriate monitoring during that
time.
If Gnatcatchers are present within the
area to be graded/cleared, or within
500 feet of that area, no grading will
be allowed unless appropriate
mitigation is completed.
M:\planning\05report\ttm\03-02 Northpoint Devel\reso.doc