Res P-05-49
RESOLUTION NO. P-05-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION
AND TENTATIVE TRACT MAP (TTM) 01-02
ASSESSOR'S PARCEL NUMBER 316-071-06
WHEREAS, a request for a Tentative Tract Map (TTM) 01-02 to subdivide a
5.6-acre property at 12664 Cobblestone Creek Road, within the Rural Residential C
zone, into five (5) one-acre residential lots and a lettered lot to contain a public sewer
pump station; 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 July 5, 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 01-02. 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 Assessment and Tree Inventory Report were completed for the on-site and
off-site. improvements by Vincent N. Scheidt, Biological Consultant, as summarized in
the biological report dated March 22, 2005, submitted for the project. The biological
report concluded that the project would impact isolated patches of low-quality Diegan
Coastal Sage Scrub vegetation that are scattered on the northern and southern portion
of the property. Cumulatively, the isolated patches cover approximately 0.13 acres and
would be mitigated at a 2:1 ratio. The mitigation would be accomplished through the
recordation of an off-site Biological Conservation Easement of 0.26 acres of Coastal
Sage Scrub habitat within the Mitigation Area, or the payment of an In-Lieu Fee at a rate
established by the City. Currently, the fee is $10,000 per acre. In accordance with the
Poway HCP, the required findings for approval of the proposed mitigation for the
removal of patches of habitat for TTM 01-02 are as follows:
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 2:1 ratio through the recordation of an off-site
Resolution No. P-05-49
Page 2
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 TTM 01-02, 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.
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 and Zoning Ordinance
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 isolated patches of Costal Sage Scrub will be
mitigated off-site within the Mitigation Area or the payment of an In-Lieu Fee.
Impacts to wetlands habitat will be avoided by installing the water main using a
pipe bursting technique and by installing the sewer main under the creek using a
directional boring technique.
E. The Tentative Tract Map is not likely to cause serious public health problems as
existing City water mains will be upsized, and a new sewer service will be
provided to the property to serve the new development and other homes in the
neighborhood.
Resolution No. P-05-49
Page 3
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. Public waterline and access easement(s) over, along and across the
entire proposed private street from Poway Road to and including the
subdivision. In addition, should the fire hydrants be located outside this
area, an additional water line easement, a minimum of 20 feet wide shall
also be dedicated.
2. A public trail and sewer easement, with access rights to both, shall be
dedicated to the City.
3. An off-site sewer easement with access rights from Boulder View Road to
the Subdivision shall be dedicated to the City.
4. Access easement to Lot "A", from the existing private street.
5. Lot "A" shall be dedicated in fee to the City for sewer pump station
purposes.
Section 5: The City Council hereby approves TTM 01-02, to allow the subdivision of
5.6 acres of land located at 12664 Cobblestone Creek Road, within the Rural
Residential C zone, into five (5) one-acre residential lots and a lettered lot to contain a
public sewer pump station 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
Resolution No. P-05-49
Page 4
approval, must be approved by the Director of Development Services and may
require approval of the City Council.
D. Pursuant to Section 66474.9 (b) of the State Government Code, the subdivider
shall defend, indemnify, and hold harmless the local agency or its agents,
officers, and employees from any claim, action or proceeding against the local
agency or its agents, officers, or employees to attack, set aside, void, or annul,
an approval of the local agency, advisory agency, appeal board, or legislative
body concerning a subdivision, which action is brought within the time period
provided in Section 66499.37 of the State Government Code. The City of Poway
shall promptly notify the subdivider of any claim, action, or proceeding and the
City shall cooperate fully in the defense. If the City fails to promptly notify
the subdivider of any claim, action, or proceeding, or if the City fails to cooperate
fully in the defense, the subdivider shall not thereafter be responsible to defend,
indemnify, or hold harmless the City.
E. The developer is required to comply with the Poway Noise Ordinance and
Grading Ordinance requirements that govern construction activity and noise
levels.
(Engineering)
F. Within 30 days of this approval, the applicant shall submit in writing that all
Conditions of Approval have been read and understood.
G. Within 30 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 pay the City a non-refundable sewer connection fee of
$2,356. This amount represents twenty percent (20%) of the sewage connection
fee.
H. Within 30 days after City Council approval of the final map, the subdivider shall
pay the City an additional 30% sewer connection fee of $3,534. The remaining
balance of the sewer connection fee, in the amount of $5,890, 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 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.
I. 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.
Resolution No. P-05-49
Page 5
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. All easements shall
provide closure calculations to the City Engineer with the final map for
review and approval.
a. Public waterline, sewer line, and access easement(s) over, along
and across the entire proposed private street from Poway Road to
and including the subdivision. In addition, should the fire hydrants
be located outside this area, an additional water line easement, a
minimum of 20 feet wide shall also be dedicated.
b. A public trail and sewer easement, with access rights to both, shall
be dedicated to the City as shown on the 3/24/05 Tentative Tract
Map 01-02. If a proposed easement alignment and/or dimensions
change, the dedications shall reflect the changes.
c. An off-site sewer easement with access rights from Boulder View
Road to the Subdivision shall be dedicated to the City. Easement
documentation, other than the final map, is subject to a processing
fee of $1,000.00 per document.
d. Access easement to Lot "A", from the existing private street to Lot
"A", the width and location of which shall be determined by the City
during the final map processing and review.
e. Lot "A" shall be dedicated in fee to the City for sewer pump station
purposes.
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.
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 proof of participation in a road construction and maintenance
agreement for the off-site portion of Cobblestone Creek Road and
Cobblestone Creek Trail, 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.
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Page 6
7. Post cash deposit to the City, in an amount equivalent to $100.00 per
sheet of the final map, for the photo Mylar reproduction of the recorded
parcel map. If applicant/developer provides the City with the photo Mylar
copy of the recorded final map within 3 months from recordation or prior to
Building Permit issuance to 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
8. Show on the Final Map, the correct full width and length of utility easement
to SDG&E per FIN 1995-0413213 REC, 9-15-95.
9. A monumentation bond in an amount acceptable to the City Engineer shall
be posted.
(Planning)
10. Prior to Final Map, Grading Permit, Administrative Clearing Permit, or
Improvement Plan approval whichever comes first:
a. The archaeological report dated February 11, 2003, prepared by
Brian Smith and Associates, shall be expanded to include the areas
of the currently proposed sewer main location, not previously
covered in the report. The update is required because the
alignment is located within an area with a high probability that an
archaeological site is present, according the City of Poway's
General Plan. The report shall make a recommendation whether
monitoring will be required for excavation of a section of the sewer
main alignment.
b. A 24-foot open space buffer from the limits of the floodway shall be
established on the proposed Lot 2. The buffer would be in the form
of an Open Space Easement to be dedicated to the City of Poway.
The open space lot would be marked. No structures or paving
would be permitted in the open space lot except for a fence.
Landscaping and a permanent irrigation system would not be
permitted except for the planting of native riparian species.
c. A 50-foot open space buffer from the limits of the floodway shall be
established on the proposed Lot 5. The buffer would be in the form
of an Open Space Easement to be dedicated to the City of Poway.
The open space lot would be marked. No structures or paving
would be permitted in the open space lot except for a fence.
Landscaping and a permanent irrigation system would not be
permitted except for the planting of native riparian species.
d. A covenant shall be recorded on the title of Lot 2 prior to Final Map
to notify future property owners that per the City's Urban Forestry
Ordinance, the oak and sycamore trees on that property are native
and may not be removed unless a Tree Removal Permit has been
issued by the City.
Resolution No. P-05-49
Page 7
(Public Works)
11. An all weather road shall be provided along the force main easement to
the satisfaction of the Director of Public Works.
12. A public drainage and access easement shall be dedicated to the City
over the f100dway area.
13. Recreational trail easement shall be dedicated and trail improvements
shall be constructed to connect Cobblestone Creek neighborhood to the
South Poway Trail located within the existing open space lot located to the
south of project site. The width and location the trail shall be determined
by the City during the final map processing and review.
J. Prior to the issuance of a Grading Permit, unless other timing is indicated, the
following conditions shall be complied with:
(Engineering)
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. 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. A certificate signed by a registered civil engineer that the grading
plan has preserved a minimum of 100 square feet of solar access
for each dwelling unit and for each future building site within the
subdivision.
e. All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved Encroachment
Agreement/Permit.
Resolution No. P-05-49
Page 8
f. Location of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
3. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the subdivision and all
surface water flowing onto the subdivision from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Concentrated flows across driveways are not permitted.
4. Concrete-lined ditches shall be natural, earth-tone colors, subject to the
review and approval of the City Engineer.
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 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
Resolution No. P-05-49
Page 9
system. The engineer shall certify the SWPPP prior to issuance of the
Grading Permit.
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/developer shall pay the Grading Permit plan checking,
inspection, Right-of-Way Permit, and geotechnical review fees. The
Grading Permit fee shall be paid at first submittal of grading plans.
11. Improvement plans for the new street 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:
a. The private street improvements shall be improved to a minimum
roadway width of 20 feet within a 30-foot right-of-way.
b. Improvements shall include, but are not limited to, roadway paving,
and construction of concrete curb and gutter (if needed).
c. The pavement structural section shall be based on a traffic index
recommended by the Geotechnical Report for this project, but shall
not be less than 3"AC/4" AB, unless waived by the City Engineer.
d. Street cul-de-sac shall be improved to a minimum roadway
diameter of 76 feet (curb to curb dimension).
e. Appropriate right-of-way shall be provided, maintaining a uniform
setback (from curb face to right-of-way line) of 4 feet minimum.
The City Engineer reserves the right to modify the setback when
there is justifiable cause to do so.
f. Streets shall be identified as public or private.
g. The full width of all new and existing street right-of-ways shall
designate their respective centerlines, medians and lane limits, and
traffic signage and striping. Existing and proposed traffic controls
shall be distinguished on the improvement plans.
h. Pavement of new streets shall 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.
i. Grades of surrounding properties shall be indicated sufficient
enough to determine affects of improvements on surrounding
properties.
Resolution No. P-05-49
Page 10
j. The size of all existing and proposed mechanical and utility
appurtenances, including, but not limited to, power and telephone
equipment, vaults, meters and transformers, and sewer water and
storm drain pump houses.
12. Improvement plans for the public water, sewer, and sewer lift station 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:
a. 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 applicanUdeveloper
shall pay to the City, upon demand, the cost of preparing the
analysis.
b. Sewer main lines and appurtenances shall be designed to City
standards and specifications. Separate sewer laterals shall be
provided for each lot in the subdivision.
c. The sewer pump station shall be designed to City standards and
specifications.
13. Submit a request for and hold a pre-construction meeting with a City
Engineering Inspector. The applicanUdeveloper 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.
14. 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.
(Planning)
15. Locations of all utility boxes, clearly identified on the grading plans 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.
16. All manufactured slopes of 5:1 or greater, shall be planted and irrigated to
the satisfaction of the Director of Development Services. A landscaping
Resolution No. P-05-49
Page 11
plan shall be submitted to the Planning Division for review and approval
pursuant to the City of Poway Guide to Landscape Requirements.
17. 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.
18. Prior to Grading Permit, Administrative Clearing Permit, or Improvement
Plan approval whichever comes first:
a. The loss of 0.13 acres of Diegan Coastal Sage Scrub habitat
shall be mitigated at a 2:1 ratio. The mitigation shall be
accomplished through the recordation of an off-site Biological
Conservation Easement of 0.26 acres of Coastal Sage Scrub
habitat within the Mitigation Area, or the payment of an In-Lieu
Fee at a rate established by the City. Currently, the fee is
$10,000 per acre.
b. Obtain a 1600-series Streambed Alteration Agreement from the
California Department of Fish and Game for the boring activities
as a contingency plan, should a "frac-out" (accidental release of
drilling mud) occur boring beneath the riparian areas. Should a
frac-out occur, the California Department of Fish and Game shall
be notified by the applicant to assist with the containment of the
damage to downstream habitats.
c. Consult with the Regional Water Quality Control Board and obtain
a 401 Permit if required.
d. Biological monitoring shall be required during pit excavation,
water pipe bursting, and boring for the installation of the sewer
force main. The sewer main pipe shall be bored beneath the
riparian area. All necessary Stormwater Pollution Prevention
precautions, as recommended by a qualified biologist, shall be in
place due to the high sensitivity of the surrounding habitats.
e. Biological monitoring shall be required during pit excavation for
the installation of the water main. The new water main pipe shall
replace the existing water main by use of the pipe bursting
technique beneath the riparian area.
f. A Tree Protection Plan shall be prepared by a qualified arborist
with measures to protect trees during the construction of the
utilities and grading to the satisfaction of the Director of
Development Services. The measures shall include, but not be
limited to, a review of the location of the utility main within the
roadway to ensure minimum impacts to trees, trenching and root
pruning techniques, and protective fencing around trees.
Resolution No. P-05-49
Page 12
g. A Tree Removal Permit application pursuant to Chapter 12.32 of
the Poway Municipal Code shall be submitted and approved 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.
K. Prior to issuance of a Building Permit, unless other timing is indicated, the
following conditions shall be complied with. These conditions may be modified,
added to, and/or expanded to conditions that may be imposed for the approval of
the Development Review or the Minor Development Review Application in
conjunction with residential construction in the subdivision.
(Engineering)
1. The 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.
2. Erosion control, including, but not limited to, desiltation 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 insure proper maintenance of all erosion control
devices.
3. 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..
4. 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.
5. Rough grading of the lots is to be completed and meet the approval of the
City Inspector and shall include submittal of the following:
a. A certification of line and grade for each lot, prepared by the
engineer of work.
b. A final soil compaction report for each lot for review and approval
by the City.
Resolution No. P-05-49
Page 13
6. 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.
7. The final map shall be recorded in the office of the San Diego County
Recorder.
8. 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.
9. No private improvements shall be placed or constructed within public
street rights-of-way or City-held easements unless an Encroachment
Maintenance and Removal Agreement has been executed by the
developer/owner and subsequently approved by the City. Another
acceptable reason is an approval of grading or improvement plans, on
which a Right-of-Way Permit has been issued for the private
improvements shown to be constructed.
10. Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows and are subject to
change without further notice. The amounts to be paid shall be those in
effect at the time of payment. If a 1" meter is required only as a result of
fire sprinklers, the 'y. " base capacity and SDCWA fees will be applicable.
a. Water base capacity fee (Resolution No. 91-123)
For 'y." meter = $3,710.00 per meter
For 1" meter = $6,678.00 per meter
Other meter sizes = Contact Engineering Division
b. Water meter fee (Resolution No. 91-123)
For 'y." meter = $ 130.00 per meter
For 1" meter = $ 140.00 per meter
Other meter sizes = Contact Engineering Division
c. SDCWA capacity charge - To be paid by separate check, payable
to San Diego County Water Authority.
For 'y." meter = $2,461.00 per meter
For 1" meter = $3,938.00 per meter
Other meter sizes = Contact Engineering Division
d. Sewer connection fee = $5,890 (Represents 50% payment,
assuming that 20% payment was made at reservation of sewer
LOA and 30% payment made within 30 days after map approval.)
e.
Sewer c1eanout fee
=
$50.00 per cleanout
f. Sewer cleanout inspection fee = $25.00 per c1eanout
g.
Traffic mitigation fee
= 5 parcels x $660.00
= $3,300.00
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Page 14
h.
Drainage fee
= 5 parcels x $1,200.00 = $6,000.00
i.
Park fee
= 5 parcels x $2,720.00 = $13,600.00
L. Prior to issuance of a Certificate of Occupancy, unless other timing is indicated,
the following conditions shall be satisfied. These conditions may be modified,
added to, and/or expanded to conditions that may be imposed for the approval of
the Development Review or the Minor Development Review Application in
conjunction with residential construction in the subdivision:
(Engineering)
1. 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.
2. The sewer lift station shall have passed all initial tests and be fully
operational.
3. 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.
4. Trenches cut through the pavement of public streets shall be fully repaired
to the satisfaction of the City Engineer. The limits and details of trench
restoration shall be included on the improvement plans. Any street
moratorium already established or established prior to commencement of
trenching, shall be observed. The City Engineer retains the right to
require street repair to include the grinding and overlay of existing
pavement for the full street width within the vicinity of any trenching in
order to maintain the pavement integrity.
5. 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.
6. 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.
7. 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.
Resolution No. P-05-49
Page 15
8. 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 01-02 expires on July 5, 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 gO-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 July 5, 2005.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 5th da of July 2005.
~T
.an~
Resolution No. P-05-49
Page 16
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-05-49 was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of July 2005 and that it
was so adopted by the following vote:
AYES: BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: EMERY
DISQUALIFIED: NONE
~~~~
. Dane Shea, City Clerk
City of Poway
Resolution No. P-05-49
Page 17
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR TENTATIVE TRACT MAP 01-02
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This mitigation monitoring program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non-compliance
situations, which may occur subsequent to project construction, will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
Topic
Mitigation Measure
Biological
Resources
a. The loss of 0.13 acres of Diegan
Coastal Sage Scrub habitat shall
be mitigated at a 2:1 ratio by
paying into the City's In-Lieu Fee
program for the future purchase of
habitat land within the Mitigation
Area of the Poway HCP with
similar quality habitat.
b. A Tree Protection Plan shall be
prepared by a qualified arborist
and submitted to the City outlining
measures as to how to protect
trees during the construction of
the utilities and grading. The
measures shall include, but not be
limited to, a review of the location
of the utility main within the
roadway to ensure minimum
impacts to trees, trenching and
root pruning techniques, and
protective fencing around trees.
c. Any trees required to be removed
shall be subject to the Tree
Removal Permit and tree
replacement, to the satisfaction of
the Director of Development
Services, consistent with Chapter
Timing
ResponSibility
Prior to Grading
Permit,
Administrative
Clearing Permit.
Applicant
Prior to Grading
Permit,
Administrative
Clearing Permit,
or Improvement
Plan approval
Prior to Grading
Permit,
Administrative
Clearing Permit,
or Improvement
Plan approval
Topic
Biological a.
Resources
And
Hydrology
and Water
Quality
Mitigation Measure
12-32, Urban Forestry, of the City
of Poway's Municipal Code.
d. A qualified arborist or biologist
shall monitor sewer and water
main excavation and road
widening activities to ensure that
roots and trunks of trees are not
adversely impacted.
e. A 24-foot open space buffer from
the limits of the f100dway shall be
established on the proposed Lot
2. The buffer would be in the form
of an Open Space Easement to
be dedicated to the City of Poway.
The open space lot would be
marked.
f. A 50-foot open space buffer from
the limits of the f100dway shall be
established on the proposed Lot
5. The buffer would be in the form
of an Open Space Easement to
be dedicated to the City of Poway.
The open space lot would be
marked.
Obtain a 1600-series Streambed
Alteration Agreement from
California Department of Fish and
Game for the boring activities as a
contingency plan, should a "frac-
out" (accidental release of drilling
mud) occur boring beneath the
riparian areas. Should a frac-out
occur, the California Department
of Fish and Game would be
notified to assist with the
containment of the damage to
downstream habitats. The
securement of this Agreement
would be made a Specific
Condition of project approval.
b. Consult with the Regional Water
Quality Control Board and obtain
401 Permit if required.
Resolution No. P-05-49
Page 18
Timing
Prior to Grading
Permit,
Administrative
Clearing Permit,
or Improvement
Plan approval
During utility main
construction
Prior to Grading
Permit,
Administrative
Clearing Permit,
or Improvement
Plan approval
Prior to Grading
Permit,
Administrative
Clearing Permit,
or Improvement
Plan approval
Prior to Grading
Permit,
Administrative
Responsibility
Topic
Cultural
Resources
Mitigation Measure
c. Biological monitoring would be
required during pit excavation,
water pipe bursting, and boring for
the installation of the sewer force
main. The sewer main pipe shall
be bored beneath the riparian
area. All necessary Stormwater
Pollution Prevention precautions,
as recommended by a qualified
biologist, shall be in place due to
the high sensitivity of the
surrounding habitats.
d. Biological monitoring would be
required during pit excavation for
the installation of the water main.
The new water main pipe shall
replace the existing water main by
use of pipe bursting technique
beneath the riparian area.
The report dated February 11, 2003,
prepared by Brian Smith and Associates,
shall be expanded to include the areas
of the currently proposed sewer main
location, not previously covered in the
report. The report shall make a
recommendation whether monitoring will
be required for excavation of a section of
the sewer main alignment.
Resolution No. P-05-49
Page 19
Timing
Clearing Permit,
or Improvement
Plan approval
During utility main
construction
During
construction of
street and utility
Improvements
Prior to approval
of Improvement
Plans or Grading
Permit.
Responsibility
Applicant