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Item 3.1 - TTM 19-001: Time Ext. Request for a Previous TTMG`,�Y GF POWgr City of Poway COUNCIL AGENDA REPORT DATE: April 2, 2019 TO: Honorable Mayor and Members of the City Coun? � FROM: Robert Manis, Director of Development Servicesy",y� CONTACT: Austin Silva, Senior Planner IN4 (858) 668-4658 / asilvaapoway.org APPROVED APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED Resolution No. SUBJECT: Tentative Tract Map 19-001; Request for Approval of Time Extension for a Previously Approved Tentative Tract Map Summary: The City Council's original approval of Tentative Tract Map (TTM) 06-02, which has been extended previously, is set to expire. The applicant has submitted a request for a time extension to allow additional time to complete the processing requirements for recordation of the Final Map. Recommended Action: It is recommended that the City Council approve TTM 19-001 subject to the attached Resolution (Attachment A). Discussion: The project site is an approximately 122 -acre property located on the east side of Old Coach Road, approximately one mile north of Espola Road in the Planned Community (PC) zone. The project location and zoning map is included as Attachment B. The project site currently is comprised of five legal lots. On March 13, 2007, the City Council approved TTM 06-02, which reconfigured the project site into five residential lots ranging in size from one to two acres that are clustered in the northwest corner of the site, and created a large 111 -acre open space lot on the balance of the site as shown on Attachment C. Resolution P-07-08 approving TTM 06-02 is included as Attachment D. No changes are proposed to the approved lot configuration. The TTM was approved by the City Council for two years pursuant to the Poway Municipal Code (PMC), and within that time the applicant is required to process and receive approval of a Final Map from the City Council. TTM 06-02 was set to expire on March 13, 2009. However, the expiration date was postponed as a result of four automatic time extensions granted by the State of California legislature since 2008. Consequently, the expiration date for TTM 06-02 was set for March 13, 2016. In January 2016, the City Council approved the first one-year extension which extended the map approval until March 13, 2017. In February 2017, City Council approved the second one-year extension which extended the map approval until March 13, 2018. A third one- year extension was approved by the City Council in May 2018 which extended the map approval until March 13, 2019. On January 29, 2019, before the TTM expiration date, the applicant submitted a fourth request for an extension. Upon submittal of a time extension request, the expiration is automatically extended 60 days, to May 12, 2019 (Government Code 66452.6(e)). The applicant needs 1 of 27 April 2, 2019, Item #3.1 TTM 19-001 April 2, 2019 Page 2 additional time to complete the Final Map process. The applicant is requesting City Council approval of an extension under the provisions of Section 16.10.080 of the PMC. Pursuant to the PMC, a one-year time extension may be granted with no more than five extensions in total. With approval of this extension request, which is the fourth request, the applicant will be entitled to one additional, one-year extension. All the findings and Conditions of Approval from City Council Resolution P-07-08 will remain in full force and effect. As this is only an extension request, no new Conditions of Approval are recommended. Environmental Review: This time extension is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with original approval of TTM 06-02. Fiscal Impact: None. Public Notification: A public notice was published in the Poway News Chieftain and mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Approved TTM D. City Council Resolution P-07-08 Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Tina M. White Assistant City Manager City Attorney City Manager 2 of 27 April 2, 2019, Item #3, RESOLUTION NO. P -19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 19-001; A TIME EXTENSION OF THE APPROVAL FOR TENTATIVE TRACT MAP 06-02; ASSESSOR'S PARCEL NUMBERS (APN): 277-080-04, 277-071-05, 14, 16, and 19 WHEREAS, on March 13, 2007, the City Council approved Tentative Tract Map (TTM) 06- 02, along with a Mitigated Negative Declaration, for a six -lot subdivision of an approximately 122 - acre site, consisting of five residential lots and one open space lot, located on the east side of Old Coach Road and approximately one mile north of Espola Road in the Planned Community (PC) zone; WHEREAS, the California State Assembly, has periodically granted an automatic time extension to all Tentative Maps that had not expired, which resulted in extending the expiration date of TTM 06-02 to March 13, 2016; WHEREAS, pursuant to Section 16.10.080 of the Poway Municipal Code (PMC), the City Council in January 2016 approved the first one-year time extension, a second one-year extension was approved in February 2017, and in May 2018 approved the third one-year extension; WHEREAS, the applicant has submitted on January 29, 2019 a request pursuant to the PMC for the fourth one-year time extension of the project approval which automatically extends the expiration date by 60 days, to May 12, 2019 (Government Code 66452.6(e)); and WHEREAS, on April 2, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: This time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval of the project. Section 2: City Council Resolution P-07-08 remains in full force and effect except that a time extension for the approval is hereby granted by the City Council. The fourth time extension of this TTM approval shall be for one year from March 13, 2019 to March 13, 2020. Only one additional one-year time extension is permissible. Section 3: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 3 of 27 ATTACHMENT A April 2, 2019, Item #3. 1 Resolution No. P-19 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 2nd day of April 2019. Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Faviola Medina, City Clerk of the City of Poway, California, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P-19- was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of April 2019 and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Faviola Medina, CMC, City Clerk City of Poway 4 of 27 April 2, 2019, Item # 3. 5 of 27 ATTACHMENT B April 2, 2019, Item #-3-.1 CHEY NNE /F p C U S -RM O O� CHERI PC -4 -A S -R GASGAGE GG 0 00 Subject Location PC -6 o GO RR -A OS -RM OF Podgy CITY OF POWAY �F° y Zoning/Location Map N M� 0 N� Item: TTM 19-001 0 305 610 1,220 ® Feet 5 of 27 ATTACHMENT B April 2, 2019, Item #-3-.1 :i REIC7fi''.i' TENTATIVE MAP FOR TRACT N0. 06-02 SUNROAD/MADERAS PROPERTY — POWAY, CALIFORNIA GENERAL NOT” ;nrr cr- Fo.:;;r Yz NW Ye, 6W Y4. NE Ya.j 6 �:Ir s/cIOPtJIENT i','il; !IC eS 10, T133, Al W 66M P, M, 6800 P, M, 6820 2>]-020-016. 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I �,L�/ � `\ •\ / /� � i .Tc+�' I 10��l f0 � ! r o- I �'Ir P•r "}-1 Va e✓/ A`� a ns a c CDif f r A 1 1 I/� I I I � I r ti/ r r � A / v� �j �A� ♦ n i T :yi 'si�lll�//�i/i/r/i/// I 1 1 •/ / // I I I / — / / J I ` ! p 7 , iu: l ll,,l ) I: I I _• I'� r/ r ) 1, r /i� l'5 I I I � _{ "` .} -_ - �� ..a•�u.,». �. �.-.._. RESOLUTION NO. P-07-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE TRACT MAP (TTM) 06-02 ASSESSOR'S PARCEL NUMBERS 277-071-05, 14, 15, 16, and 277-080-04 WHEREAS, a request was submitted by Sunroad Enterprises for a Tentative Tract Map (TTM 06-02) to re -subdivide five existing legal lots consisting of approximately 122.5 acres, located east of Old Coach Road, approximately one mile north of Espola Road, in the Planned Community (PC) zone; and WHEREAS, on January 16, 2007, 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 06-02. 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. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a biological report by REC Consultants (dated March 2006) was submitted for the property. Project development will permanently impact approximately 9.4 acres of habitat, consisting of Coastal Sage Scrub (CSS) and Non -Native Grassland (NNG), located on property inside of the Mitigation Area, and partially within the Biological Core Linkages Area, and near Proposed Resource Protection Area (PRPA) 4a and the Mount Beatrice 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 06-02 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 NNG. Accordingly, 16.6 acres is the required mitigation for impact to 8.3 acres of CSS and 1.1 acres is required for the impact to 1.1 acres of Non -Native Grassland, for an overall total of 17.7 acres of mitigation. The applicant is proposing that 17.7 acres of habitat be placed in an on-site Biological 8 of 27 ATTACHMENT D April 2, 2019, Item #3.1 Resolution No. P-07-08 Page 2 Conservation Easement (BCE) as required mitigation. An Open Space Easement will be placed over the remaining approximately 94 -acre undeveloped portion of the land to protect the native habitat in perpetuity. 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 will serve to enhance the long-term viability and function of the preserve system. C. The habitat preserved through on-site dedication 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 over undisturbed and unencumbered habitat 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 on-site conservation area(s) are within an identified Mitigation Area within the City and will likewise contribute towards assembling the total Mitigation Area preserve system. E. The preserved habitat will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public Biological Conservation Easements. Section 3: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for Tentative Tract Map 06-02, are made as follows: A. The Tentative Tract Map is consistent with the General Plan in that it proposes to re -subdivide five existing legal lots, ranging in size from one to 3.5 acres net acres, on an approximate 122.5 -acre site, that comply with the density limits and minimum lot size standards for the Old Coach Planned Community (PC) zone contained in the General Plan and Poway Municipal Code. B. The design and improvements required of the Tentative Tract Map are consistent with the General Plan, in that the approved lot sizes and configurations adhere to the development standards for the Planned Community zone, 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. 9 of 27 April 2, 2019, Item # 3,t Resolution No. P-07-08 Page 3 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 on-site to a level of insignificance. E. The Tentative Tract Map is not likely to cause serious public health problems as City water and sewer service will be provided to the site by the developer and designed to comply with City 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. G. The grading plan for the proposed Tentative Tract Map includes grading in excess of the maximum graded area for Lot 4. The City Council finds that this excess grading is reasonable and necessary to minimize potentially significant visual impacts, and therefore, the additional grading for Lot 4 is hereby approved. 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: Roadway improvements on-site will be constructed. 2. A water line from the existing line in Old Coach Road will be constructed to serve the development. 3. On-site drainage improvements will be constructed to handle the surface water runoff. 4. Fire hydrants will be constructed to serve the development and provide fire protection. 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 Tract Map 06-02, a re -subdivision of five existing legal lots on approximately 122.5 acres located east of Old Coach Road, approximately one mile north of Espola Road, in the Planned Community (PC) zone, as shown on the Tentative Tract Map dated August 30, 2006, subject to the following conditions: 10 of 27 April 2, 2019, Item # 3. Resolution No. P-07-08 Page 4 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 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 Municipal Code 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 off of Old Coach 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: (Engineering) 1. Within thirty days after City Council approval of the tentative map, the applicant shall submit in writing to the City that all conditions of approval have been read and understood. 2. Within thirty days after City Council approval of the tentative map, the subdivider shall make a reservation for a sewer Letter of Availability for five Equivalent Dwelling Units (EDU) and post with the City a non-refundable sewer connection fee of $3,356.00 which represents 20% of the sewerage connection fee in effect at the time the LOA is issued. 3. Within thirty days after City Council approval of the final map, the subdivider shall post with the City an additional 30% sewer connection fee of $5,034.00. 11 of 27 April 2, 2019, Item #3. t Resolution No. P-07-08 Page 5 The balance of the sewer connection fees in the amount of $8,390.00, representing 50% payment, shall be paid prior to Building Permit issuance but no later than 36 months from recordation of the 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 five EDU's are for residential purposes only. Any sewer connection, other than residential use for the 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. 5. Submittal of a final map to the City for review and approval, and payment of map -checking fee ($1,000.00 per sheet). The final map shall conform to City standards and procedures, the City Subdivision Ordinance, the Subdivision Map Act, the Land Surveyors Act, the Resolution of Approval as approved by the City Council and shall be in substantial conformance with the approved tentative map. Appropriate map review fees shall be paid at time of submittal. 6. The applicant/developer shall cause the dedication of the following to the City: All easements and fee title conveyance to the City of areas within the subdivision shall be made on the final map. All easements shall provide closure calculations to the City Engineer with the final map for review and approval. a. The private street - Offer of Dedication to be made by a certificate on the final map, but would be rejected by the City. This street shall be dedicated to the City on behalf of the public. b. General utility easement for sewer and water lines purposes and access easement over the private street. C. An exclusive easement, a minimum of 20.00 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 30.00 feet wide. d. Open Space and Biological Conservation Easements, the locations of which are shown on the tentative map or subsequently recorded. e. Drainage easements, if any. The easement, a minimum of 20.00 feet wide, is needed for drainage facilities to be maintained by the City. The City shall make a determination, during improvement plan 12 of 27 April 2, 2019, Item #,Lj Resolution No. P-07-08 Page 6 and/or final map review, as to which drainage facilities are to be City - maintained. 7. Plans for the street improvements to serve the project shall be submitted to the City for review and approval. The submittal shall include appropriate fees for improvement plan check and inspection. The plans shall include the following: Street improvements to 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. The private street constructed as a 28 -foot -wide curb -to -curb roadway within a 42 -foot right-of-way, and in substantial conformance with the improvements as depicted on the tentative map for the subdivision. Improvements shall include, but are not limited to, roadway paving, and construction of concrete curb and gutter. The pavement structural section shall be based on a traffic index of 5.6. C. Street cul-de-sac shall be improved to a minimum roadway diameter of 76.00 feet curb -to -curb. Appropriate right-of-way shall be provided. d. The plans shall provide for pavement to be constructed in at least two lifts. The second lift shall be placed after all other subdivision improvement construction is completed and building construction is substantially complete, as determined by the City's Engineering Inspector. e. Private streetlights shall be installed at all street intersections, cul-de- sacs, and at other locations to be determined by the City Engineer. Streetlight standards and specifications shall be subject to approval by the City prior to improvement plan approval. The applicant/developer shall bear the full cost of designing and installing these improvements, and is not entitled to any reimbursement from the City. 8. Plans for the public water and sewer lines shall be submitted to the City for review and approval. The submittal shall include appropriate fees for improvement plan check and inspection. The plans for these improvements may be included with the street improvement plans, and shall include the following: a. The size and location of the water lines as established by a water system analysis prepared by the City's water engineer. Fire hydrants 13 of 27 April 2, 2019, Item #3_1J Resolution No. P-07-08 Page 7 shall be located in the approximate location shown on TTM 06-02 to the satisfaction of the City Fire Marshal. b. Sewer main lines and appurtenances designed to City's standards and specifications. Separate sewer laterals shall be provided for each lot in the subdivision. C. The applicant/developer shall bear the full cost of designing and installing these improvements, and is not entitled to any reimbursement from the City. 9. Execute a Standard Agreement for the Construction of Public Improvements, posting of securities (performance, payment, warranty, and monumentation) and submittal of insurance certificates for liability and workmen's compensation coverage. 10. Record a Private Road Construction and Maintenance Agreement for the private roads within the subdivision. 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. 11. Record a maintenance agreement for maintenance of the Best Management Practices devices as required by the Standard Urban Stormwater Mitigation Plan (SUSMP) ordinance. 12. Maintenance obligations shall be disclosed to potential buyers and recorded at the County of San Diego Recorder's Office at the applicant's expense. The form of disclosure shall be submitted with the final map and shall be subject to the review and approval of the City prior to recordation of the final map. 13. Post a cash deposit with the City, in an amount equivalent to $100.00 per sheet of the final map, for the photo Mylar reproduction of the recorded map. If the applicant/developer provides the City with the photo Mylar copy of the recorded final map within three months from recordation or prior to Building Permit issuance to the first parcel, 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. 14. 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 subdivision. The width of the easement shall be a minimum of 20.00 feet for each utility line. 14 of 27 April 2, 2019, Item #3-J Resolution No. P-07-08 Page 8 H. Prior to issuance of a Grading Permit, unless other timing is indicated, the applicant/subdivider shall comply with the following conditions: 1. A grading plan for the project shall be prepared on mylar at a scale of 1" = 20', and submitted to the Development Services Department - Engineering Division for review and approval. The grading plan shall be prepared by a State Licensed civil engineer. 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 of a 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. 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 run-off during construction. 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. Location 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. All utility boxes shall be shown on the landscape and improvement plans. 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 project site and all surface water flowing onto the project site from adjacent lands. The drainage system shall cause post -development flow volumes from the project site to be equal or less than pre -development flow volumes. Said system shall include all easements required to properly handle the drainage. 15 of 27 April 2, 2019, Item # l E Resolution No. P-07-08 Page 9 4. The grading plan shall demonstrate the subdivision complies with the City's Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance. 5. Documentation shall be submitted confirming that existing facility systems (water, sewer, storm drain) that will be utilized are of adequate capacity to accommodate the proposed development. 6. Pad elevations shown on the grading plan shall not increase by more than two feet in height from the elevations shown on the approved tentative map, unless otherwise approved by the City Council. 7. The property owner shall file with the State Regional Water Quality Control Board a Notice of Intent (NO1) 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 8. 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 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, and provide the City with two copies of the certified SWPPP. 9. Grading securities in the form of a performance bond and cash deposit, or a letter of credit shall be posted with the City. A minimum $2,000 cash security per lot is required. 10. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 11. The applicant shall submit a request for and hold a pre -construction meeting with a City Engineering Inspector. The applicant shall be responsible that necessary individuals, such as, but not limited to, 16 of 27 April 2, 2019, Item #3.1 Resolution No. P-07-08 Page 10 contractors, subcontractors, project civil engineer and project soils engineer must attend the pre -construction meeting. 12. 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. 13. Erosion control, including de -silting basins, shall be installed and maintained from 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 ensure proper maintenance of all erosion control devices. 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. (Planning) 16. 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, permanent removal of 8.3 acres of Coastal Sage Scrub (CSS) at the rate of 2:1, and 1.1 acres of Non—Native Grasslands at the rate of 1:1 for an overall requirement of 17.7 acres. A Biological Conservation Easement (BCE) will be placed over 17.7 acres of on-site CSS as required mitigation. The BCE shall be approved by the City Attorney, and shall be notarized and recorded with 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 -Resources Management to ensure its permanent preservation. 17. Prior to the removal of any trees during the recognized nesting season for raptors, a qualified professional shall evaluate the subject tree(s) for a raptor nest(s) and report the findings in writing to the City. Should a nest or nests be located in any tree, removal shall be delayed until such time as the nest or nests have been abandoned. 17 of 27 April 2, 2019, Item # 3. 1 Resolution No. P-07-08 Page 11 18. The Biological Conservation Easement and Open Space Easement shall be shown on the Final Map. 19. Prior to the issuance of a Grading Permit, the applicant shall provide a landscape plan for all slopes and fire management zones. The appropriate landscaping plan check fee shall be submitted with the plans (the fee is based on the estimated cost of the improvements). If construction of the does not commence within 90 days of completion of the grading of any of the lots, all manufactured slopes greater than a 5:1 slope shall be hydroseeded. Prior to applying the hydroseed, the applicant shall submit a landscape plan showing the type of hydroseed mix and method of irrigation for approval by the Director of Development Services. 20. 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. 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. 21. 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. 22. 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. 18 of 27 April 2, 2019, Item #-22-.-1 Resolution No. P-07-08 Page 12 23. Between February 15 and July 1 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. 24. Permanent signage and fencing shall be placed along the open space boundary. The signage shall be placed prior to project occupancy. The signage will be installed at intervals of 100 feet. The signs must be corrosion resistant and a minimum size of 9 inches by 12 inches. The signage will be attached to posts at six feet in height from the ground surface. The sign must state the following: This is a Sensitive Natural Resource Protection Area PLEASE DO NOT DISTURB Removal of vegetation is a violation of law, and is punishable, under Section 16.56 of the Poway Municipal Code. 25. Evidence shall be submitted to the Director of Development Services that the permanent fencing and signs have been placed to protect all Open Space Easements. Evidence shall include photographs of a sign placed on a post, and a signed statement from a California Registered Engineer or licensed surveyor, that permanent signs have been placed on the Open Space Easement boundaries in accordance with the requirements of this condition. 26. All utility poles located on-site and in the adjoining rights-of-way shall be shown on the grading plan. Existing utility poles, if any, shall be removed and utility lines placed underground. 27. 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. 28. All retaining walls shall be shown on the grading plan and shall be a maximum of six feet in height. A second six-foot wall is permitted with a five-foot minimum interior separation between the walls. 29. 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 and the Fire Marshal of a Fire Fuel Management Plan prepared pursuant to the City of Poway Guide to Landscape Requirements. 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 19 of 27 April 2, 2019, Item #3—. 1 Resolution No. P-07-08 Page 13 Management Plan. The appropriate landscaping plan check fee shall be submitted with the plans (the fee is based on the estimated cost of the improvements). 30. All outdoor lighting associated with the project shall be directed away from open space preserve areas. 31. With respect to cultural resources, the project has the potential to impact undiscovered cultural resources. A mitigation measure has been proposed to reduce this impact to below a level of significance. Prior to the issuance of a Grading Permit, the project applicant shall contract with a certified archaeologist and a Tribal Indian representative to monitor trenching, excavation, and grading activities. The monitor shall have recent experience in construction monitoring, and shall be on-site full time for all initial grading activities that disturb the upper soil layer. The monitor shall have the authority to halt and/or redirect work in the case of a cultural resource discovery. If cultural resources are discovered as a result of monitoring, then testing/evaluation will be required and, If necessary, data recovery will be conducted. Any materials collected will require curation at a qualified institution. At the end of the monitoring period, the archaeological monitors shall submit a letter report to the Director of Development Services detailing the duration and results of the monitoring. Contact the Development Services Department regarding contact information for the Tribal Indian monitor. Compliance with the following conditions is required prior to issuance of Building Permits: (Engineering) 1. The final map for Tentative Tract Map 06-02 shall be recorded in the office of the San Diego County Recorder. 2. The project site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. 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, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 3. Rough grading of the lots is to be completed and meet the approval of the City Inspector and shall include submittal of the following: 20 of 27 April 2, 2019, Item #3J Resolution No. P-07-08 Page 14 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. 4. The fire hydrants shall be installed at locations determined by the City Fire Marshal. Prior to delivery of combustible building materials, on-site water and sewer systems shall satisfactorily pass all required tests. 5. The developer is advised that, pursuant to PMC Sections 17.26.100 through 17.26.300, 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. 6. 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. Payment of development fees to the City, unless other payee is indicated. The following fees are for each lot, and subject to change without further notice. The actual amounts to be paid shall be those in effect at the time of payment Water per lot: Meter Expansion Fee Service Line SDCWA Capacity`* SDCWA Water Treatment Capacity** % inch 1 inch $ 130 $ 270 $3,710 $6,678* $1,430 $1,430 $4,154 $6,646 $ 159 $ 255 * If a 1" meter is required due to fire sprinklers, then 3/+" expansion fees will apply. ** To be paid by separate check, payable to the SDCWA. Sewer per lot: Connection fee = $1,678.00* Indirect Benefit fee = $ 500.00 Cleanout fee = $ 50.00 per cleanout Cleanout inspection fee = $ 25.00 per cleanout Represents 50% payment reservation of sewer LOA map approval. , assuming that 20% payment was made at and 30% payment made within 30 days after 21 of 27 April 2, 2019, Item #,11 11 Resolution No. P-07-08 Page 15 Traffic mitigation fee per lot = $ 990.00 Drainage fee per lot = NA Park fee per lot = $2,720.00 7. The property owner shall remit payment to the City of the benefit charge as identified in the Reimbursement Agreement for the construction of the existing road, sewer, water, and drainage improvements. As per the terms of the Reimbursement Agreement, a five (5) percent administrative fee, and an additional five (5) percent interest compounded annually from the date of the execution of the agreement, shall also be paid with this amount. (Fire) 8. The following shall be completed to the satisfaction of the Director of Safety Services: Fire Department provided to the construction an( completed. access for use of fire fighting equipment shall be immediate job construction site at the start of maintained at all times until construction is 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. C. All lots shall be serviced with one -inch water meters and a one -inch lateral. Compliance with the following conditions is required prior to issuance of a Certificate of Occupancy: (Engineering) 1. Street, sewer and water improvements, driveways, drainage facilities, slope landscaping and protection measures, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. The driveways 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. The final pavement surface shall be free of gouges, patches, diesel spills, or other defects to the satisfaction of the City Engineer prior to issuance of an Occupancy Permit, prior to acknowledgement of completion, and prior to final acceptance of subdivision improvements. 22 of 27 April 2, 2019, Item #,Ll Resolution No. P-07-08 Page 16 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. 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. 5. 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. Record drawings for the 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) 7. Any oak trees adjacent to Old Coach Road that are removed in association with the construction of the private road shall be relocated or replaced with a liked -sized oak tree elsewhere along the street frontage, subject to Director of Development Services approval. 8. Install permanent signs and fencing per TTM 06-02 condition H 24, as may be deemed necessary by the Director of Development Services, to delineate the limits of the Biological Conservation Easement(s) present on the site. 9. A property owners association shall be formed and maintained for the life of the project to ensure property maintenance. Prior to final map approval, the applicant shall submit to the City for review and approval a copy of the project CC&Rs. The CC&Rs shall at a minimum identify property improvement maintenance responsibilities. Alternatively, the applicant may join the property to the existing Old Coach Golf Estates HOA. 10. The applicant shall annex the subdivision into LMD 86-1A for maintenance of existing landscape improvements along Espola Road. 11. Fire hydrants shall be installed in the approximate locations shown on the Tentative Tract Map to the satisfaction of the City Fire Marshal. Section 6: The approval of Tentative Tract Map 06-02 expires on February 6, 2009. 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 map before this approval expires, unless at least 90 days prior to the expiration of the Tentative Tract Map a 23 of 27 April 2, 2019, Item #3, ( Resolution No. P-07-08 Page 17 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 6, 2007. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 13th day of March, 2007. ATTEST: L. DiAne Shea, City Clerk STATE OF CALIFORNIA ) ) as. COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No. P-07-08, was duly adopted by the City Council at a meeting of said City Council held on the 13th day of March, 2007, and that it was so adopted by the following vote: AYES: BOYACK, HIGGINSON, REXFORD, CAFAGNA NOES: EMERY ABSENT: NONE DISQUALIFIED: NONE X— � V,(, Di ne Shea, City Clerk City of Poway 24 of 27 April 2, 2019, Item #3.1 Resolution No. P-07-08 Page 18 MITIGATION MONITORING PROGRAM GPA 06-01; ZC 06-01; SPA 89-01A; AND TTM 06.02 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 Monitorina Prooram to be amended. with Citv annroval. Topic Miti ation Measure Timing Res itv Biology Prior to the issuance of a Grading Permit or an Prior to the issuance Applicant Administrative Clearing Permit, the applicant shall of a Grading Permit or submit to the City for review and approval a the approval of Final Habitat Restoration and Monitoring Plan, and Map, whichever applicable review fees. These areas shall be occurs first (for placed into an Open Space Easement along with submittal other portions of the lots that are outside the of plan) 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. Install permanent signs and fencing per TTM 06- Prior to starting Applicant 02 condition H 24 as deemed necessary by the grading Director of Development Services, to delineate the limits of the Biological Conservation Easement(s) present on the site. The limits of approved habitat removal shall be Prior to the issuance Applicant clearly shown on the grading plan and staked in of a Grading Permit or the field prior to commencing grading. of Final Map approval, whichever occurs first Prior to the issuance of a Grading Permit or an Prior to the issuance Applicant Administrative Clearing Permit or Final Map of a Grading Permit or approval, whichever occurs first, the applicant the approval of Final shall mitigate the on-site, permanent removal of Map, whichever 8.3 acres of Coastal Sage Scrub (CSS) at the occurs first rate of 2:1, and 1.1 acres of Non—native 25 of 27 April 2, 2019, Item #3. Grasslands at the rate of 1:1 for an overall requirement of 17.7 acres. A Biological Conservation Easement (BCE) will be placed over 17.7 acres of on-site CSS as required mitigation. The BCE 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. In compliance with the HCP, the City shall re -zone the mitigation land to Open Space -Resources Management to ensure its permanent preservation. An Open Space Easement must also be recorded on the remaining undeveloped portions of the property. Prior to the removal of any tree 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 in any tree, removal shall be delayed until such time as 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 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. 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 anv Resolution No. P-07-08 Page 19 Prior to the removal any tree Prior to the issuance of a Grading Permit or the approval of Final Map, whichever occurs first Prior to and during grading Applicant Applicant Applicant 26 of 27 April 2, 2019, Item #,�J 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 Gearing/grading operation. 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. A qualified biologist is required to monitor vegetation clearing and grading when within sensitive biological resources. The biologist should also verify the location of construction staking Cultural Prior to the issuance of a Grading Permit, the Resource project applicant shall contract with a certified archaeologist and a Tribal Indian representative to monitor trenching, excavation, and grading activities. The monitor shall have recent experience in construction monitoring, and shall be on-site full time for all initial grading activities that disturb the upper soil layer. The monitor shall have the authority to halt and/or redirect work in the case of a cultural resource discovery. If cultural resources are discovered as a result of monitoring, then testing/evaluation will be required and, if necessary, data recovery will be conducted. Any materials collected will require curation at a qualified institution. At the end of the monitoring period, the archaeological monitors shall submit a letter report to the Director of Development Services detailing the duration and results of the monitoring. Contact the Development Services Department regarding contact information for the Resolution No. P-07-08 Page 20 Prior to and during Applicant grading 27 of 27 April 2, 2019, Item #j__J