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Res P-05-32 RESOLUTION NO. P-05-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE TRACT MAP 04-02 AND GRANTING OF EASEMENTS ASSESSOR'S PARCEL NUMBER 323-090-59 and 323-090-67 WHEREAS, a request for a Tentative Tract Map 04-02 to subdivide a 17.0-acre, vacant property located at the southern terminus of Welton Lane into six (6) residential lots and three (3) open space lots was submitted by the Gregg Brandalise and Ted Neher, Applicants; and WHEREAS, the subject property is located at the southern terminus of Welton Lane, within the Rural Residential C zone and the Gate Drive Specific Plan (SP 90-01); 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; and WHEREAS, on May 17, 2005, the City Council held a public hearing on the above-referenced item; and 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 04-02. 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 RBRiggan and Associates (dated September 17, 2004, and October 6, 2004) was submitted for the property. The report is based on field reconnaissance performed prior to the Cedar Fire in October 2003, which consumed the project site. Prior to the Cedar Fire, the majority of the site was occupied by Diegan Coastal Sage Scrub (DCSS) and gnatcatchers were observed on the site. The site consisted of 16,7 acres of Diegan Coastal Sage Scrub. A reconnaissance performed in September 2004, Resolution No. P-05-32 Page 2 almost a year after the fire, revealed that the DCSS is slowly recovering, but with strong competition from non-native plants. The acreages for the vegetation impact and mitigation discussed below were calculated from pre-fire conditions. Based on the biology report and staff's evaluation, the project grading and Fire Fuel Management Zones will impact approximately 7,3 acres of DCSS, In accordance with the Poway HCP, the required findings for approval of the proposed mitigation for the removal of Coastal Sage Scrub habitat for Tentative Tract Map 04-02 are as follows: A. The proposed project site is inside the Mitigation Area, the South Poway Cornerstone Biological Core and Linkage Area (BCLA) and the Planned Resource Preservation Area (PRPA) No, 17a of the Poway HCP. The mitigation is consistent with and furthers the implementing objectives of the Poway HCP in that the applicants will mitigate impacts to approximately 7.3 acres of Diegan Coastal Sage Scrub (DCSS) habitat at a 2:1 ratio (14.6 acres mitigation). The mitigation for approximately 8.7 acres of DCSS will be on-site, and will be placed in a Biological Conservation Easement. The remaining 5.9-acre mitigation will require the purchase of similar quality habitat within the identified Mitigation Area of the Poway HCP. If it is infeasible for the applicant to purchase land within the PRPA 17a, 17b, or 16 (ranked according to preference) area, or within an identified Mitigation Area of the Poway HCP with similar quality habitat, then an In-Lieu Fee for the future purchase of habitat will be paid. B. This property is in the South Poway Cornerstone BCLA area, which has a preservation goal of 80 percent of habitat on-site. The project proposes 54 percent (8.7 acres) preservation of the habitat on-site in the BCLA area, which is connected to other open space areas. Based on slope analysis criteria, the proposed project is well under the 2 acres of habitat removal allowed per lot for grading and clearing, as they are removing only 7.3 acres of habitat when 6 lots could potentially yield a total of 12 acres of habitat removal. As the project will be preserving habitat within the BCLA or PRPA area, or paying for future habitat acquisition, it is meeting the goal of the Poway HCP. Therefore, the project meets the intent of the 80 percent preservation goal of the South Poway Cornerstone BCLA and Poway HCP. C. The preservation of 8.7 acres of Diegan Coastal Sage Scrub (DCSS) habitat within the Mitigation Area, the South Poway Cornerstone BCLA, and PRPA 17a will contribute toward the building of the ultimate total Mitigation Area preserve system of the Poway HCP since the dedication will be sited to be contiguous to existing open space areas and will contain high quality habitat. Therefore, such habitat preservation will serve to enhance the long-term viability and function of the preserve system in that it will permanently preserve 8.7 acres of habitat on- site, and either preserve 5.9 acres of DCSS off-site in an identified Mitigation Area of the Poway HCP or pay an In-Lieu Fee. Resolution No. P-05-32 Page 3 D. The mitigation will be to the long-term benefit of the covered species and their habitats in that the recordation of a Conservation Easement Deed over an area of undisturbed and unencumbered habitat, will promote a meaningful addition to the assembly of a viable regional system of interconnected natural habitat resources, habitat linkages, buffers and wildlife corridors since it will permanently preserve 8.7 acres of Diegan Coastal Sage Scrub on-site, which is contiguous to an existing Open Space Lot to the south and undeveloped land to the north. The mitigation will also include the purchase of 5.9 acres of Diegan Coastal Sage Scrub off-site but within the mitigation area or the payment of an In-Lieu Fee to allow the purchase of habitat. In-Lieu Fees for future purchase of habitat in the Mitigation Area will enhance the long-term viability and function of the preserve system. E. The mitigation will foster the incremental implementation of the Poway HCP in an effective and efficient manner in that the habitat will be preserved on-site contiguous to other preserved habitat areas or vacant land, F. 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 04-02, are made as follows: A. The Tentative Tract Map is consistent with the General Plan in that it proposes to create six residential lots and three open space lots at densities consistent with the General Plan. 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 Rural Residential C zone. C. The site is physically suitable for the type of development and the density proposed in that the site is large enough to provide six residential lots, with dimensions that are in keeping with the General Plan, Zoning Ordinance, and Gate Drive Specific Plan standards. D. The design of the Tentative Tract Map is not likely to cause substantial environmental damage and avoidably injure humans and wildlife or their habitat in that the removal of 7.3 acres of Diegan Coastal Sage Scrub will be mitigated. The mitigation will consist of on-site preservation of 8.7 acres of Diegan Coastal Sage Scrub habitat within the Mitigation Area, the South Poway Cornerstone BCLA, and PRPA 17a, which will contribute toward the building of the ultimate Resolution No. P-05-32 Page 4 total Mitigation Area preserve system of the Poway HCP since the dedication will be sited to be contiguous to existing open space areas and will contain high quality habitat. In addition, the mitigation will also include the purchase of 5.9 acres of Diegan Coastal Sage Scrub off-site but within the mitigation area or the payment of an In-Lieu Fee to allow the purchase of habitat. In-Lieu Fees for future purchase of habitat in the Mitigation Area will enhance the long-term viability and function of the preserve system. E. The Tentative Tract Map is not likely to cause serious public health problems as City water and sewer service is or will be available to the property to serve new development. 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. Section 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety, and welfare as identified below: 1. Private access roadway improvements will be constructed to provide access to the new lots. 2, On-site drainage improvements will be constructed to handle the surface water runoff. 3. Two fire hydrants will be constructed to serve the development and provide fire protection. 4. Water and sewer fees will be paid. On-site and off-site improvements will be made to provide water and sewer service to the development. 5. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. 6. An easement will be granted across the southwest corner of APN 323- 090-42 for purpose of road and utility purposes. Resolution No. P-05-32 Page 5 7. The existing gate across Welton Lane, near the Welton Reservoir, will be relocated to block off access to the Reservoir site. 8. A new gate shall be installed across the eastern terminus of the new street to prevent public vehicular access to the east. 9. Recreational trail easements shall be dedicated and trail improvements shall be constructed to feed Welton Lane into the South Poway Trail. Section 5: easements: The City Council hereby authorizes the granting of the following A. A right-of-way and general utility easement across the southwest corner of APN 323-090-42 to match the physical location of Welton Lane with the legal access to the project site, B. A right-of-way and general utility easement across the 30-foot-wide and approximately 650-foot-long, City-owned property that bisects APN 323-090-67 Section 6: The City Council hereby approves Tentative Tract Map 04-02, to allow the subdivision of 17 acres of vacant land located at the southern terminus of Welton Lane, within the Rural Residential C zone and Gate Drive Specific Plan, into six (6) residential lots and three (3) open space lots as shown on the Tentative Tract Map, dated April 26, 2005, subject to the following conditions: (Planning) 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 process covering all 6 lots prior to issuance of Building Permits. The design shall comply with Zoning Code Section 17.08.190 for Tract Subdivision Construction in order to permit the reduced front yard setback on three of the six lots. 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 Tract Map approval, must be approved by the Director of Development Services and may require approval of the City Council. Resolution No. P-05-32 Page 6 D. The developer is required to comply with the Poway Noise Ordinance requirements that govern construction activity and noise levels. E. Within 30 days of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood. (Engineering) F. Within 30 days after receiving City Council approval of the Tentative Map, the applicant shall apply for a Letter of Availability (LOA) to reserve sewer availability for 6 Equivalent Dwelling Units (EDU's) and post with the City, a non-refundable reservation fee of $2,827.20, which represents 20% of the sewer connection fee in effect at the time the LOA is issued. Thirty percent (30%) of the sewer connection fees, in the amount of $4,240.80 shall be paid within 30 days from the final map recordation. The balance of the sewer connection fees, in the amount of $7,068.00, representing fifty percent (50%) payment, shall be paid prior to Building Permit issuance, but no later than 36 months from recordation of the first final map, unless otherwise granted time extension to complete the project. This amount represents a balance of $1,178.00 for each residential lot. 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. G. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with. (Engineering) 1. Submittal of the final map to the City for review and payment of map checking fee ($1000.00 per sheet). The final map shall conform to City standards and procedures, City Subdivision Ordinance, Subdivision Map Act, Land Surveyors Act, the Resolution of Approval as approved by the City Council, and shall be in substantial conformance with the approved tentative map. 2. 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. a. Water line, sewer line, and access easement/s over, along and across the entire proposed private street in the subdivision. In addition, should the fire hydrants be located outside this area, additional water line easement, a minimum of 20.00 feet wide shall also be dedicated. Resolution No. P-05-32 Page 7 b. Access easement to Lots "A," "B", and "C" from the existing Welton Lane or the proposed private street to Lot "A" to the satisfaction of the Director of Public Works. The width and location of which shall be determined by the City during the final map processing and review. Access from the private street to Lots "A," "B", and "C" may change if applicant/developer can provide the City with alternative route acceptable to the City prior to map approval. If alternative access outside the subdivision is selected, the applicant/developer shall cause to be dedicated to the City, by separate instrument, the access easement prior to final map approval. Easement document, other than through the final map, is subject to a processing fee of $1,000.00 per document. c. Lots "A," "B", and "C" shall be dedicated in fee to the City for open space purposes. 3. Obtain City approval of grading and improvement plans (both public improvements and private street improvements). 4. Execution of Standard Agreement for the Construction of Public Improvements, posting of securities (performance, payment, and monumentation) and submittal of insurance certificates for liability and workmen's compensation coverage. 5. Recordation of a Private Road Construction and Maintenance Agreement for the private road within the subdivision. This Agreement shall be reviewed and approved as to form and content by the City Attorney prior to recordation. 6. Submittal of a proof of participation in a road construction and maintenance agreement for the off-site portion of Welton Lane, from Poway Road to the subdivision. If there is no existing agreement for the off-site portion, the applicant/developer shall cause to prepare and subsequently record said maintenance agreement. Said agreement is subject to review and approval by the City, prior to recordation. 7. Post a deposit of $100.00 per sheet of the final map for reproduction of a photomylar copy of the recorded final map, or make an agreement with the City for the applicant/developer's title company to provide the City of said photo mylar copy of the recorded map, within 30 days from its recordation in the Office of the Recorder of San Diego County. Resolution No. P-05-32 Page 8 8. Any street right-of-way widening required for the proposed private street improvements beyond the existing ownership of the City shall be dedicated in fee title to the City and shall be incorporated as a part of said existing City ownership. It shall be designated a separate lettered lot on the final map. 9. Submit easement documents, including a plat and legal description, for the granting of an easement across the southwest corner of APN 323- 090-42 for purpose of road and utility purposes. (Public Works) 10, Recreational trail easements shall be dedicated and trail improvements shall be constructed to feed Welton Lane into the South Poway Trail to the satisfaction of the Director of Public Works. The width and location of the trail shall be determined by the City during the final map processing and review. (Planning) 11. Habitat Mitigation shall be completed as required in Item Number 1.15 of this Section. H. Prior to construction of public improvements and private street improvements, unless other timing is indicated, the applicant/developer shall complete the following: (Engineering) 1. Submittal of improvement plans to the Development Services Department for review and approval of the following improvements. a. Private Street - The street shall be improved to a minimum roadway width of 20.00 feet in a 30.00-foot street right-of-way. Improvements shall include, but not be limited to, roadway paving, and construction of concrete curb and gutter (if needed). Pavement structural section shall be based on a traffic index of 5.6, of which section shall not be less than 3" AC/4" AB unless waived by the City Engineer. Street cul-de-sac shall be improved to a minimum roadway diameter of 76.00 feet (curb to curb dimension). Appropriate right-of-way shall be provided, maintaining a uniform setback (from curb face to right-of-way line) of 4.00 feet minimum. The City Engineer reserves the right to modify the setback when there is justifiable cause to do so. Resolution No. P-05-32 Page 9 b. Water main lines and appurtenances - The size and location of the water lines shall be that as established by a water system analysis prepared by an engineering firm designated and approved by the City. The applicant/developer shall pay to the City, upon demand, the cost of preparing the analysis. c. Sewer system - Sewer main lines and appurtenances shall be designed to City's standards and specifications. Separate sewer laterals shall be provided for each lot in the subdivision. It is understood that the City shall cause to be designed a sewer system that extends to the subdivision. Further, it is understood that an agreement has been made that the applicant/developer shall pay to the City the sum of $90,000.00 for the subdivision's share of the sewer main design and installation. However, if applicant/developer choose to construct the sewer main within the subdivision and that the installation cost ends up to be lower than $90,000, the applicant/developer shall reimburse the City for the difference in amount. Otherwise, if the cost will be higher than the agreed amount of $90,000.00 (should the applicant/developer installs the sewer main in the subdivision), the City is not obligated to reimburse the applicant/developer for the increase in cost. d. Fire hydrants shall be installed at locations determined by the City Fire Marshal. 2. Improvements shall be constructed in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego supplements, and the current San Diego Regional Standard Drawings. 3. All new and existing electrical/communication/CATV utilities shall be installed underground prior to installation of concrete curbs and surfacing of the street. The applicant/developer is responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities. The locations and sizes of all utility boxes and vaults within street rights- of-way and the City's public utility easement shall be shown on the improvement plans. 4. The applicant/developer shall pay the following fees, and post or pay appropriate securities: Resolution No. P-05-32 Page 10 a. Improvement plan check = To be determined based on the following guideline: If cost of improvement is: $1 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $100,001 to $500,000 over $500,000 = fee is 5% ($500 min.) = add'l fee of 4% of cost = add'l fee of 3% of cost = add'l fee of 2% of cost = Time and materials b. Improvement Inspection = To be determined, same basis as in improvement plan check fee calculation, c. Posting of performance and payment securities. 5. Right-of-Way Permits ($50.00 each) for any work to be done in public street or City-held easements. 6. Submittal of a request for, and 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 pre-construction meeting. 7. No private improvements shall be placed or constructed within public street rights-of-way or City easements unless anyone of the following is satisfied: a. An encroachment maintenance and removal agreement has been executed by the developer/owner and subsequently approved by the City; or b. Approval of grading or improvement plans, on which a Right-of- Way Permit has been issued for the private improvements shown to be constructed. I. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Submittal to the City for review and approval of precise grading plans, erosion control plan, storm water pollution prevention plan, Grading Permit application and geotechnical report/s to the Development Services Department. Resolution No. P-05-32 Page 11 2. Grading of the project shall be in substantial conformance with the approved tentative map and in accordance with the Uniform Building Code, City Grading Ordinance, and City Storm Water Management and Discharge Control Ordinance. 3. A drainage system capable of handling and disposing of all surface water originating within the development and all surface water that may flow onto the development from adjacent lands shall be constructed. 4. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained from October 15 to April 15. 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. 5. A storm water pollution prevention plan (SWPPP) shall be prepared. The SWPPP shall provide the erosion, sedimentation and pollution control measures to be used during construction. 6. Prior to issuance of a Grading Permit, the applicant shall file with the State Regional Water Quality Control Board a Notice of Intent for coverage under the statewide General Permit that covers stormwater discharges, Proof of filing the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department - Engineering Division prior to issuance of a grading or Building Permit. Applications may be obtained by contacting. California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 7. The applicant/developer shall pay the following: a. Grading Permit = $100.00 per permit b. Grading plan check = To be determined based on the following guideline: If cost of improvement is: $1 to $25,000 $25,001 to $50,000 $50,001 to $100,000 = fee is 5% ($500 min.) = add'l fee of 4% of cost = add'l fee of 3% of cost Resolution No. P-05-32 Page 12 $100,001 to $500,000 over $500,000 = add'l fee of 2% of cost = Time and materials c. Grading Inspection = To be determined, same basis as in grading plan check fee calculation Plan check and inspection fees are to be calculated based on City approved cost estimates, using City's adopted unit costs, prepared by the applicant's project Civil engineer. d. Geotechnical Reviews = $1,300,00 (Limited to 1 review of preliminary soils report and 1 review of compaction report, and if reports are done for all 6 lots combined at one time. Additional reviews will be charged when necessary. If soils report and/or compaction report are submitted for each lot or a group of lots at anyone time, the fee in effect at the time each report is submitted shall be paid. 8. Posting of grading securities (either by bond and cash, letter of credit, or certificate of deposit). 9. City approval of soils report and grading plans. (Public Works) 10. Prior to any grading activities, the gate across Welton Lane shall be relocated to secure the water reservoir to the satisfaction of the Director of Public Works. (Planning) 11. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. All proposed utility facilities more than 36 inches in height and located within or immediately adjacent to the public right-of- way are required to be sited to minimize visibility and screened through the installation of landscaping. 12. Pad elevations shown on the grading plan shall not change by more than 2 feet from the elevations shown on the approved Tentative Tract Map. 13. Prior to Final Map or Grading Permit issuance, whichever comes first, provide mitigation to the satisfaction of the Director of Development Services consistent with the Poway Habitat Conservation Plan and mitigate impacts to 7.3 acres of Diegan Coastal Sage Scrub habitat at a 2:1 ratio (14.6 acres of DCSS total mitigation required). The mitigation for 8.7 acres of DCSS will be on-site, and will be placed in a Biological Resolution No. P-05-32 Page 13 Conservation Easement. The remaining 5.9-acre mitigation will require the purchase of similar quality habitat within the identified Mitigation Area of the Poway HCP. If it is infeasible for the applicant to purchase land within the PRPA 17a, 17b, or 16 (ranked according to preference) area or within an identified Mitigation Area of the Poway HCP with similar quality habitat, then an In-Lieu Fee for the future purchase of habitat will be paid. Presently, the In-Lieu Fee rate is $10,000 per acre. 14. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, grading during this timeframe will only be permitted subject to the following conditions having been met to the satisfaction of the Director. a. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS) are implemented. There is no guarantee that grading will be allowed to resume. b. If grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division, before issuance of a Clearing/Grading Permit, a letter from a qualified biologist retained by the applicant with a scope of work for a DCSS habitat and Gnatcatcher survey and report for the area to be cleared and/or graded and DCSS habitat areas within 500 feet of such area. The biologist shall contact the USFWS to determine the appropriate survey methodology. The purpose of the survey is to determine if any active Gnatcatcher nests are located in the area to be cleared or graded or in DCSS habitat within 500 feet of such area. To be considered qualified, the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the U.S. Fish and Wildlife Service (USFWS). c. The scope of work shall explain the survey methodology for the biological survey and the proposed Gnatcatcher nest monitoring activities during the clearing/grading operation. d. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatcher nests are not present within the area to be graded/cleared or within DCSS habitat located within 500 feet of said area, approval may be granted to commence Resolution No. P-05-32 Page 14 clearing/grading within the Gnatcatcher nesting season from February 15 through July 1. e. If Gnatcatchers are present within the area to be graded/cleared or within DCSS habitat located within 500 feet of said area, no grading will be allowed during this time. f. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. 15. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. As a minimum, all protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 16. Retaining walls shall be of a color and material that blends in with the native vegetation and topography to the satisfaction of the Director of Development Services.. 17. All manufactured slopes of 5:1 or greater shall be planted and irrigated to the satisfaction of the Director of Development Services. A landscaping plan shall be submitted to the Planning Division for review and approval pursuant to the City of Poway Guide to Landscape Requirements. The appropriate landscaping plan check fee shall be submitted with the plans (the fee is based on the estimated cost of the improvements). Slope landscape materials shall be consistent in color palette of the native Diegan Coastal Sage Scrub unless not visible from the valley floor. 18. Prior to Final Map or Grading Permit, whichever comes first, a qualified archaeologist shall conduct a surface reconnaissance to determine whether there are cultural resources identified in the Cultural Resources Survey prepared in 1984 for the South Poway Planned Community EIR are off-site, or within the proposed open space lots or easements. Based on the recommendations of the reconnaissance, archaeological monitoring may be required during grading and brushing. Resolution No. P-05-32 Page 15 J. Prior to Building Permit issuance, unless other timing is indicated, the following conditions shall be satisfied. These conditions may be modified, added, and/or expanded onto conditions that may be imposed for the approval of Development Review (DR) in conjunction with residential construction in the subdivision: (Engineering) 1. Recordation of the Final Map for Tentative Tract Map No. 04-02. 2. Completion of and approval by the City of rough grading of the project site. 3. City approval of soils' compaction report. 4. City approval of a certification of line and grade. The certification shall be prepared by the project's civil engineer or City-approved designee. 5. Payment of development fees to the City. Development fees include, but are not limited to, water base capacity fee, sewer connection fee, drainage fee, traffic mitigation fee, and park fee. In addition, payment of water meter fee, sewer c1eanout fee, sewer inspection fee, and San Diego County Water Authority base capacity charge (by separate check but remitted to City of Poway). 6. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained by the developer throughout construction of the project. The developer shall maintain all erosion control devices throughout their intended life. (Planning) 7. A Development Review application shall be processed for all 6 lots, including, but not limited to, site plans, and building elevations, incorporating all conditions of approval through the City Council. The project shall comply with Zoning Code Section 17.08.190, pertaining to Tract Subdivision Construction to permit the reduced front yard setback required in the RR-C Zone. The design of the homes shall comply with the Hillside Design Guidelines and the Design Standards of the Gate Drive Specific Plan to the satisfaction of the Director of Development Services. 8. The developer is advised that Pursuant to Section 17.26.100 of the Poway Municipal Code, single-family residential development shall provide that fifteen percent of the units created shall be affordable to low-income households. The developer of for-sale housing may, in lieu of providing required inclusionary housing on-site or off-site, pay a fee to the City in accordance with the provisions of the referenced section. Resolution No. P-05-32 Page 16 (Fire) 9. Prior to delivery of combustible building materials, the on-site water systems for TIM 04-02 shall satisfactorily pass all required tests, and be connected to the public water and sewer systems. Fire hydrants shall be installed and activated at locations to be determined by the Fire Marshal and as shown on the improvement plans. 10. The applicant shall comply with the City of Poway Guide to Landscape Requirements as it relates to fuel management zones to the satisfaction of the Director of Safety Services. J. Prior to issuance of certificate of occupancy, the following shall be complied with: 1. An adequate drainage system around each building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 2. Driveways, drainage facilities, slope landscaping and protection measures, utilities, water improvements, and all roadway improvements shall be constructed, completed, and inspected by the Engineering Inspector. Driveways shall be constructed in accordance with Poway Municipal Code, Section 17 .08.170D, and the structural sections shall be shown on the grading plans. 3. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to the public or private road improvements caused by construction activity from this project. 4. Record drawings for grading plans, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. Section 7: The approval of Tentative Tract Map 04-02 expires on May 17, 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 Final 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 8: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on May 17, 2005. Resolution No. P-05-32 Page 17 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 17th day of May 2005. ATTEST: fl/.{,;:::J~~ STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No. P-05-32, was duly adopted by the City Council at a meeting of said City Council held on the 17th day of May 2005, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, CAFANGA NOES: NONE ABSENT: REXFORD DISQUALIFIED: NONE (;6.~~~ City of Poway Resolution No. P-05-32 Page 18 EXHIBIT A MITIGATION MONITORING PROGRAM FOR TENTATIVE TRACT MAP 04-02 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 necessa for this Monitorin Pro ram to be amended, with Cit a roval. To ic Miti ation Measure Timin Aesthetic a. The Poway General Plan, the Grading Prior to Grading Ordinance, the Zoning Ordinance, and Permit or Building the Gate Drive Specific Plan provide Permit. standards to insure sensitive and attractive hillside development. Future development of the created lots will be required to comply with these standards. Biological Resources b. The design and color of freestanding and retaining walls are required to blend in with surrounding native vegetation and toorah. On-site and off-site mitigation for 14.6 Prior to Grading, acres of Diegan Coastal Sage Scrub Administrative (DCSS). On-site mitigation of 8.7 acres Permit or of DCSS placed either in an Open Improvement Space lot or in a Biological Conservation Plan approval. Easement. Off-site mitigation consisting of purchase of 5.9-acres DCSS of similar quality habitat within the identified Mitigation Area of the Poway HCP. If it is infeasible for the applicant to purchase land within the PRPA 17a, 17b, or 16 (ranked according to preference) area or within an identified Mitigation Area of the Poway HCP, with similar quality habitat, then an In-Lieu Fee for the future urchase of habitat will be paid. Applicant Resolution No. P-05-32 Page 19 Topic Mitigation Measure Timing ResDonsibilitv Cultural a. Prior to Final Map or Grading Permit, a. Prior to Final Applicant Resources whichever comes first, a qualified Map or Grading archaeologist shall conduct a surface Permit or brush reconnaissance to determine whether clearance, there are cultural resources identified in whichever comes the Cultural Resources Survey prepared first in 1984 for the South Poway Planned Community EIR are off-site, or within the proposed open space lots or easements. Based on the recommendations of the reconnaissance, archaeological monitoring may be required during grading and brushing.