Res P-05-35
RESOLUTION NO. P-05-35
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION
AND TENTATIVE TRACT MAP (TIM) 04-04
ASSESSOR'S PARCEL NUMBER 314-193-22
WHEREAS, a request for a Tentative Tract Map (TIM) 04-04 to subdivide a
vacant, 3.3-acre property located at 14221 Midland Road into five (5) residential lots
was submitted; and
WHEREAS, the subject property is located at the northeast corner of Midland
Road and Aubrey Street. within the Rural Residential C and Residential Single-Family 2
zones, and the Old Poway Specific Plan area (SP 88-01); 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 24, 2005, the City Council held a public hearing on the
above-referenced item.
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 TTM 04-04. 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 dated January 25, 2005, and subsequent supplemental information
dated March 7, 2004, prepared by RC Biological Consulting, Inc. were submitted for the
property. The report is based on field reconnaissance. The report concluded that the
site is composed primarily of ruderal habitat. In accordance with the Poway HCP, the
required findings for approval of the proposed mitigation for the removal of ruderal
habitat for TIM 04-04 are as follows:
Resolution No. P-05-35
Page 2
A. The mitigation is consistent with and furthers the implementing objectives of the
Poway Habitat Conservation Plan in that the applicant will mitigate the removal of
disturbed native vegetation at a 1: 1 ratio through the recordation of an off-site
Biological Conservation Easement within the Mitigation Area or the payment of
an In-Lieu Fee at a rate established by the City.
B. Off-site habitat mitigation or the cash In-Lieu payment will go towards the
purchase of mitigation habitat within the Mitigation Area and would enhance the
long-term viability and function of the preserve system.
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that an off-site Biological Conservation easement within the Mitigation
Area would be recorded or a cash In-Lieu Fee will be paid to go towards the
purchase of land that will have undisturbed habitat on which a Biological
Conservation Easement will be recorded. Said land will promote a meaningful
addition to the assembly of a viable regional system of interconnected natural
habitat resources, habitat linkages, buffers, and wildlife corridors.
D. The mitigation shall foster the incremental implementation of the Poway HCP in
an effective and efficient manner in that any off-site conservation area is required
to be within an identified Mitigation Area within the City.
E. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the Poway Habitat Conservation Plan.
Section 3: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for TIM 04-04, are made as follows:
A. The Tentative Tract Map is consistent with the General Plan in that it proposes to
create five residential 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 and the Residential
Single Family-2 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 five residential lots, with
dimensions that are in keeping with the General Plan, Zoning Ordinance, and Old
Poway Specific Plan standards.
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 removal of ruderal habitat will be mitigated off-site within the
Mitigation Area or the payment of an In-Lieu Fee.
Resolution No. P-05-35
Page 3
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. Dedication of 28 feet of public right-of-way along the southerly limits of
the project site and 28 feet of public right-of-way along the northerly
limits of the adjacent site located to the east (APN 314-193-42) consisting
of Aubrey Street from Midland Road to the easterly limits of APN
314-193-42.
2. Construction of public street improvements of the existing Aubrey Street
from the Midland Road intersection, to the limits of the driveway of the
future Midland Animal Clinic property, located to the south of Aubrey
Street. The improvements will consist of 36 feet of paving, curbs and
gutters on both sides of the street, a sidewalk on the north side of the
street, and a street light.
3. A street light would be installed on the north or south side of the new
public street per coordination with the Midland Animal Clinic
improvements.
4. On-site drainage improvements will be constructed to handle the surface
water runoff.
5. One fire hydrant will be constructed to serve the development and provide
fire protection.
6. 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.
7. Access to the site will be provided in accordance with City standards and
to ensure adequate emergency access.
Resolution No. P-05-35
Page 4
Section 5: The City Council hereby approves TIM 04-04, to allow the subdivision of
3.3 acres of land located at 14221 Midland Road, at the northeastern corner of Midland
Road and Aubrey Street, within the Rural Residential C and Residential Single-Family 2
zones and the Old Poway Specific Plan area, into five residential lots as shown on the
Tentative Tract Map, dated March 24, 2005, subject to the following conditions:
A. This approval is not inclusive of the design of the proposed single-family homes.
Separate approval of the home design and footprints shall be applied for through
the Minor Development Review Application process covering individual lots or
the Development Review process covering all five lots 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 Tract Map
approval, must be approved by the Director of Development Services and may
require approval of the City Council.
D. The developer is required to comply with the Poway Noise Ordinance and
Grading Ordinance requirements that govern construction activity and noise
levels.
E. Within 30 days of this approval, the applicant shall submit in writing that all
conditions of approval have been read and understood.
F. Within 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 5 Equivalent Dwelling Units (EDU's) and post with the City, a non-refundable
reservation fee of $2.356.00. 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 $3,534.00
shall be paid within 30 days from Final Map recordation.
The balance of the sewer connection fees in the amount of $5,890.00 ($1,178.00
per lot), representing fifty percent (50%) payment, shall be paid prior to Building
Permit issuance, but no later than 36 months from recordation of the first Final
Map, unless otherwise granted a time extension to complete the project. This
amount represents a balance of $1,178.00 for each residential lot. Reference is
Resolution No. P-05-35
Page 5
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 to the City within the subdivision shall be noted on the
Final Map and off-site easements or right-of-ways shall be recorded prior
to map approval.
a. Water line, sewer line, and public utility access easements over,
along, and across the entire proposed private street in the
subdivision. In addition, should the fire hydrants be located outside
this area, an additional water line easement, a minimum of 20.00
feet wide, shall also be dedicated.
b. A 28.00-foot-wide right-of-way shall be dedicated for the northerly
half of the Aubrey Street extension, east of Midland Road, and any
additional street right-of-way transition to the private road portion of
Aubrey Street, east of the easterly line of that parcel identified as
APN 314-193-42 (future Midland Animal Clinic site).
c. The applicant/developer shall obtain and cause the dedication to
the City for an off-site public street right-of-way for the southerly
half, (i.e., 28.00 feet wide), of the Aubrey Street extension over that
property identified as APN 314-193-42 (future Midland Animal
Clinic).
3. Obtain City approval of grading and improvement plans (both public
improvements and private street improvements).
4. Execution of a 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.
Resolution No. P-05-35
Page 6
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. The abutters' rights of access from Lots 1, 2, and 3, in and to Midland
Road, shall be relinquished to the City of Poway. The relinquishment for
abutters' rights of access shall be made on the Final Map.
7. A private road (or access or driveway) and public utility easement, over,
along, and across Lot 2 for the benefit of Lot 1, shall be reserved and
noted in the Final Map. A similar easement shall be reserved over Lots 3
and 4 for the benefit of all lots in the subdivision.
8. Post a deposit of $100.00 per sheet of the Final Map for reproduction of a
photo mylar 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 photomylar copy of the recorded map, within 30 days from its
recordation in the Office of the Recorder of San Diego County.
9. 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 ruderal habitat at a 1:1 ratio. The mitigation can
consist of the purchase of approximately 2 acres of similar quality habitat
within the identified Mitigation Area of the Poway HCP or payment of an
In-Lieu Fee. Presently, the In-Lieu Fee rate is $10,000 per acre.
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. Aubrev Street (public street portion) - The street shall be improved
to a roadway width of 36.00 feet wide and transitioned to 20.00 feet
wide at the easterly property line of APN 314-193-42.
Improvements shall include, but not be limited to, roadway paving,
a street light, construction of concrete curbs, gutters, sidewalks,
handicap ramps, street signage and street striping. Curbs, gutters
and sidewalks shall be extended to meet the existing improvements
in Midland Road. The transition geometries from a 36.00-foot to a
20.00-foot roadway shall be designed to the satisfaction of the City
Resolution No. P-05-35
Page 7
Engineer. The streetlight shall conform to the Design Standards for
the Old Poway Specific Plan.
The improvements to said Aubrey Street (public street portion)
have also been conditioned as part of the approval of CUP 03-01
and DR 03-03 for the Midland Animal Clinic (APN 314-193-40, 41,
and 42) per City Resolution P-04-02. Should these improvements
be constructed in conjunction with the Animal Clinic, the
applicant/developer of TIM 04-04 shall reimburse the Animal Clinic
for the construction and incidental costs of that portion of
improvements within the subdivision, of which shall be paid to the
City prior to the first Building Permit issuance for a new structure in
the development. On the other hand, should the applicant/
developer of TIM 04-04 construct the street improvements, they
may process a reimbursement agreement through the City's
Engineering/Land Development Division, that shall be executed
and approved prior to start of construction of the improvements, if
they wish to be reimbursed for improvements beyond the
subdivision.
b. Private Streets (jncludinQ the easterly extension of Aubrey Street
UP to the eastern limits of the proiect site. aka OQle Way) - The
streets 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 A.C. berm or
concrete curb and gutter. Curb return radii shall be a minimum of
30.00 feet. Fire Department requirements for turnarounds shall be
designed and constructed to the satisfaction of the City Fire
Marshal.
c. 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.
A portion of an existing 4-inch-diameter water line, along the
southern portion of the subdivision, shall be removed and/or
abandoned and shall be replaced with an 8-inch-diameter line to
the satisfaction of the City Engineer.
d. 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.
Resolution No. P-05-35
Page 8
Should a portion of the sewer main (including off-site) that is
necessary to serve the needs of the subdivision, be constructed
ahead of the development of the subdivision, the applicant!
developer shall pay the City for the construction cost prior to
issuance of the first Building Permit in the development.
e. Fire hydrants shall be installed at locations determined by the City
Fire Marshal. The fire hydrant shall conform to the Design
Standards for the Old Poway Specific Plan.
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 right-of-
ways and the City's public utility easement shall be shown on the
improvement plans and shall be screened as deemed appropriate by the
Director of Development Services.
4. The applicant/developer shall pay the following fees, and post or pay
appropriate securities:
a.
Improvement plan check
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
= To be determined based on the
= fee is 5% ($500 min.)
= add'l fee of 4% of cost
= add' I 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.
Resolution No. P-05-35
Page 9
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 the 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.
(Planning)
8. A Tree Removal Permit application shall be submitted prior to removing
any trees. Trees shall be retained wherever possible. Any tree approved
for removal shall be replaced to the Satisfaction of the Director of
Development Services.
9. A landscape 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). Mitigation requirements for the Tree Removal Permit
shall be incorporated. Street trees, minimum 24-inch box shall be
incorporated.
10. Fire hydrants and streetlights shall be consistent with the Old Poway Park
design standards.
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-05-35
Page 10
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 Oct. 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be submitted
as part of the grading plan. The applicant/developer shall make provisions
to insure proper maintenance of all erosion control devices.
5. A Stormwater 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 storm water 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. 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 right-of-ways or City-held easements.
8. The applicant/developer shall pay the following. 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.:
a.
Grading Permit
= $100.00 per permit
b.
Grading plan check
following guideline:
= To be determined based on the
Resolution No. P-05-35
Page 11
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
c. Grading Inspection = To be determined, same basis as in
grading plan check fee calculation
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 five 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.
e. Stormwater Pollution Plan Check Fee = $175.00 per lot, if grading
plans for all five lots are prepared at one time, otherwise, it is
$225.00 per lot if individually prepared grading plans.
f. Stormwater Pollution Inspection Fee = $175.00 per lot, if grading
plans for all five lots are prepared at one time, otherwise, it is
$225.00 per lot if individually prepared grading plans.
9. Posting of grading securities (either by bond and cash, letter of credit, or
certificate of deposit).
10. City approval of soils report and grading plans.
11. 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.
(Planning)
12. The final grading plan of the site along Midland Road shall be revised to
be more consistent with the topography of neighboring sites along Midland
Road. The revised grading shall provide a wider, flatter area along
Midland Road and a gentler slope leading up to the building pad to the
satisfaction of the Director of Development Services. A low retaining wall
could be incorporated.
Resolution No. P-05-35
Page 12
13. 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.
14. Pad elevations shown on the grading plan shall not change by more than
two (2) feet from the elevations shown on the approved Tentative Tract
Map.
15. 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 ruderal habitat at a 1: 1 ratio. The mitigation can
consist of the purchase of approximately 2 acres of similar quality habitat
within the identified Mitigation Area of the Poway HCP or payment of an
In-Lieu Fee. Presently, the In-Lieu Fee rate is $10,000 per acre.
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.
18. The applicant shall retain the services of a qualified archaeologist, to the
satisfaction of the Director of Development Services, who will be on-site
during the rough grading process, including the preliminary stage involving
removal of tree roots. The archaeologist shall attend the pre-construction
meeting. In the event that any cultural resources are uncovered during
the process, the archaeologist shall have the authority to stop the
construction operation and/or direct the work to another area of the site
while the find is analyzed. Should mitigation be required, the
archaeologist shall formulate a mitigation plan for review and approval by
the Director of Development Services before more grading work occurs
within the affected area. Any mitigation measures required for new sites
must be completed before clearing of tree roots or grading resumes in
these areas.
The archaeologist shall submit the final cultural resources report and all
recovered artifacts to the City of Poway for approval and acceptance. The
artifacts shall be stored at the City facility until an appropriate curation
facility is identified and approved by the Poway City Council.
Resolution No. P-05-35
Page 13
19. All utility poles located on-site and in the adjoining rights-of-way shall be
shown on the grading plan. Existing utility poles shall be removed and
utility lines placed underground.
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 the
Development Review (DR) or the Minor Development Review Application in
conjunction with residential construction in the subdivision:
(Engineering)
1. Recordation of the Final Map for Tentatiye Tract Map No. 04-04.
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 the City of Poway).
(Planning)
6. The design of the homes shall comply with the Design Guidelines for the
Old Poway Specific Plan area.
7. The future houses on Lots 1, 2, and 3 shall be designed to front Midland
Road. Pedestrian access, in the form of defined pathways, shall be
provided from Midland Road to the homes.
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 an In-Lieu fee to the
City in accordance with the provisions of the referenced section.
K. Prior to issuance of Certificate of Occupancy, the following shall be complied
with:
Resolution No. P-05-35
Page 14
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 6: The approval of Tentative Tract Map 04-04 expires on May 24, 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 7: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on May 24, 2005.
Resolution No. P-05-35
Page 15
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 24th day of May 2005.
ayor
ATTEST:
L~hbe~
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty
of perjury, that the foregoing Resolution No. P-05-35 was duly adopted by the City
Council at a meeting of said City Council held on the 24th day of May 2005 and that it
was so adopted by the following vote:
AYES:
EMERY, HIGGINSON, CAFAGNA
NOES:
NONE
ABSENT:
REXFORD
DISQUALIFIED:
BOYACK
~c~
City of Poway
Resolution No. P-05-35
Page 16
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR TENTATIVE TRACT MAP 04-04
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This mitigation monitoring program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non-compliance
situations, which may occur subsequent to project construction, will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
Topic Mitiaation Measure Timina Responsibility
Aesthetic a. The final grading plan of the site Prior to Grading Applicant
along Midland Road shall be revised Permit or Building
to be more consistent with the Permit, whichever
topography of neighboring sites along comes first.
Midland Road. The revised grading
shall provide a wider, flatter area
along Midland Road and a gentler
slope leading up to the building pad.
A low retaining wall could be
incorporated.
b. The future houses on Lots 1, 2, and
3 shall be designed to front Midland
Road. Pedestrian access, in the
form of defined pathways, shall be
provided from Midland Road to the
homes.
c. Vehicular access from Midland
Road shall be relinquished.
Biological a. The biologist shall prepare an Prior to Grading, Applicant
Resources estimate of the acreage of the ruderal Administrative
habitat to be removed in connection Clearing Permit or
Topic
Cultural
Resources
Mitiaation Measure
with the development of the site. The
applicants shall mitigate the loss at a
1:1 ratio by purchasing land within the
Mitigation Area of the Poway HCP
with similar quality habitat and
prepare an Open Space Easement
for the mitigation area to be recorded.
Alternatively, the applicant may pay
the City an In-Lieu Fee for the future
purchase of habitat. The current rate
of the In-Lieu Fee is $10,OOO/acre.
a. A Tree Removal Permit application
shall be submitted prior to removing
any trees. Any tree approved for
removal shall be replaced to the
satisfaction of the Director of
Development Services.
Resolution No. P-05-35
Page 17
Timina
Improvement
Plan approval.
Responsibility
a. The applicants shall hire an Prior to Grading
archaeologist who shall be present to Permit and during
observe the brushing and rough grading activities.
grading stages at the site. In
the event that any subsequent
cultural resources are discovered
during the rough grading stage, these
resources will be protected, and
clearing and grading activities shall
cease in the particular area until the
area has been evaluated for
significance. Any mitigation measures
required for new sites must be
completed before clearing or grading
resumes in these areas.
Applicant