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Res P-05-73 RESOLUTION NO. P-05-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 05-29 ASSESSOR'S PARCEL NUMBER 275-270-35 WHEREAS, MDRA 05-29; F F & E II Trust/Larry Smith, Applicant, requests approval to grade Lot 47 of Green Valley Estates (Map 12466) to create a residential building pad and a recreational court pad. The property is located at 13651 Paseo De La Huerta, within the Rural Residential B zone, and WHEREAS, on November 15, 2005, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. 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 MDRA 05-29. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), biological survey reports prepared by REC Consultants, Inc. dated August 2000, May 2005, September 19, 2005 and October 20, 2005, were submitted for the property. Development of the site will impact approximately 0.08 acres of Disturbed Willow Riparian Woodland, 0.2 acres of Disturbed Willow Riparian Scrub, 0.16 acres of Freshwater Marsh and 0.47 acres of Coastal Sage Scrub habitat located on property that is outside of the Mitigation Area of the Poway HCP. In accordance with the Poway HCP, the required findings for approval of the proposed mitigation for the removal of the referenced habitat for MDRA 05-29 are as follows: A. The proposed project is outside of the Mitigation Area of the Poway HCP, however the onsite stream is part of a vital urban riparian corridor. The mitigation is consistent with and furthers the implementing objectives of the Poway HCP in that the applicant will mitigate impacts to 0.08-acres Disturbed Willow Riparian Woodland, 0.2 acres of Disturbed Willow Riparian Scrub, 0.16 acres of Disturbed Freshwater Marsh (Mitigation will not be required for Freshwater Marsh habitat if Resolution No. P-05-73 Page 2 the Army Corps of Engineers determines that the man-induced marsh/desiltation basin is not classified as a wetland) and 0.47 acres of Coastal Sage Scrub habitat at a 1:1 ratio. Said mitigation will be accomplished through planting the realigned channel with riparian type vegetation and dedication of a Biological Conservation Easement Deed over said realigned and revegetated channel thereby preserving comparable, unencumbered habitat of equal or greater conservation value located outside of the HCP Mitigation Area, but along a vital riparian corridor. Mitigation for project impacts to Coastal Sage Scrub and any riparian habitat that cannot be mitigated onsite may be accomplished through offsite dedication of a Biological Conservation Easement Deed over comparable, unencumbered habitat or payment of a Habitat Mitigation In-Lieu Fee at the established rate. Presently, the rate is $10,000/acre. B. Preservation of such habitat within the Mitigation Area and the creation of wetland habitat along a key urban riparian corridor will contribute toward the building of the ultimate total Mitigation Area preserve system of the HCP. Therefore, such habitat preservation will serve to enhance the long-term viability and function of the preserve system. C. The habitat preserved through onsite and offsite dedication, or purchased by Habitat Mitigation In-Lieu Fees paid will be to the long-term benefit of the PSHCP covered species and their habitats in that the recordation of a Biological Conservation Easement Deed over undisturbed and unencumbered habitat (See "A" above) and/or the payment of In-Lieu Fees, will promote a meaningful addition to the assembly of a viable regional system of uninterrupted natural habitat resources, habitat linkages, buffers, and wildlife corridor. D. The preserved habitat will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the preservation of off-site conservation area(s) will be within an identified Mitigation Area within the City, and/or the payment of In-Lieu Fees will likewise contribute towards, assembling the total Mitigation Area preserve system. In addition the creation and preservation of onsite wetland habitat along a vital urban riparian corridor outside of the Mitigation Area will enhance the biological resources through out the City. E. The preserved habitat will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public Biological Conservation Easement Deeds or In-Lieu Fees will be paid. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code, to approve Minor Development Review Application 05-29, as shown on the conceptual grading plan dated October 4, 2005, and the partial revised conceptual grading plan dated October 25, 2005, on file with the Planning Division, are made as follows: Resolution No. P-05-73 Page 3 A. That the approved project is consistent with the General Plan as it proposes the grading of a residential lot in preparation for future construction of a single-family residence on property that is designated for rural residential use. Therefore, the proposed use respects the interdependence of land values and aesthetics to the benefit of the City; and B. That the approved project will not have an adverse affect on the aesthetics, health, safety, or architecturally related impact upon adjoining properties, as the grading design is consistent with surrounding residential development. Therefore, the proposed design, size, and scale of the project is compatible with and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources; and C. That the granting of the Minor Development Review Application would not be materially detrimental to the public health, safety, or welfare since the proposed use will complete improvements as deemed necessary; and D. That the approved development encourages the orderly and harmonious appearance of structures and property within the City as the neighboring properties consist of rural residential estate lots. Therefore, the proposed development respects the public concerns for the aesthetics of development; and E. That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan; and F. That the proposed development will comply with each of the applicable provisions of the Zoning Ordinance and the General Plan. Section 4: The City Council hereby approves Minor Development Review Application 05-29 to allow grading of Lot 47 of Green Valley Estates to create a residential building pad and recreational court pad on the property located at 13651 Paseo De La Huerta, within the Rural Residential B zone as shown on on the conceptual grading plan dated October 4, 2005, and the partial revised conceptual grading plan dated October 25, 2005, subject to the following conditions: A. Approval of this Minor Development Review Application shall apply only to the subject project, and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. Within 30 days of approval the applicant shall submit in writing that all Conditions of Approval have been read and understood. C. Prior to issuance of a Grading Permit, the applicant shall comply with the following: Resolution No. P-05-73 Page 4 1. Submit a grading plan for the development of the lot prepared on a City of poway standard Mylar at a scale of 1" = 20', along with a Grading Permit application and applicable fees to the Development Services Department _ Engineering Division for review and approval. A grading plan submittal checklist is available at the Engineering Division front counter. As a minimum, the grading plan shall show the following: a. All new slopes with a maximum 2:1. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from open space areas and property lines. Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to issuance of a Grading Permit. b. Proposed driveway access in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, including the minimum structural section together with its elevations and grades. The driveway approach shall comply with the Regional Standard Drawings. c. A separate erosion prevention and sediment control plan for constnuction activities. This plan shall provide for an onsite desilting basin with a volume based on 3,600 cubic feet per tributary acre drained. d. Locations of all utility improvements (existing and new), together with their easements. No encroachments are permitted upon any easement. e. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. f. Location of the required 15-foot recreational trail easement along the southerly limits of the subject property. g. Top and bottom elevations of all retaining walls. The maximum height of a retaining wall shall not exceed 6 feet. h. Note the Biological Conservation Easement for dedication along the realigned and revegetated stream. The identified easement area shall include the riparian vegetated banks, a required minimum 15- foot wide Open Space buffer/transitional vegetated area along the top of the northerly realigned channel bank, and a required 25-foot Open Space buffer/transitional vegetated area along the top of the Resolution No. P-05-73 Page 5 southerly realigned channel bank. A minimum 4-foot high masonry wall shall be shown and installed along the northerly limits of the Open Space easement buffer area along the north side of the realigned channel. 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. The following easements described from the submitted Title Report, Order Number 58002445, shall be shown on the plans and no stnucture(s) shall be built over them: i. Schedule B, Item 7 ii. Schedule B, Item 11 iii. Schedule B, Item 12 4. If construction of this project is to disturb one acre or more, the project owner shall file with the State Regional Water Quality Control Board a Notice of Intent for coverage under the statewide General Permit, which 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 the Grading Permit. Applications for the Notice of Intent 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 5. If constnuction of this project is to disturb one acre or more, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a de-silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a ten-year, six-hour storm event; a material storage and handling site; measures to protect construction material from being exposed to storm nunoff; protection of all storm drain inlets, onsite concrete tnuck wash and waste control; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system including a weather triggered action plan. The engineer shall certify the SWPPP prior to issuance of the Grading Permit. Resolution No. P-05-73 Page 6 6. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 7. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval. A minimum $2,000 cash security deposit is required. 8. The applicant shall attend a pre-construction meeting, at which time they shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for sediment control shall be provided using the following guidelines, as directed by the project Engineering Inspector: a. Provision of an onsite desilting basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Covering of all flat areas with approved mulch. c. Installation of an earthen or gravel bag berm that retains 3 inches of water over all disturbed areas prior to discharge, effectively creating a de-silting basin from the pad. 9. The subject property is located outside of the Poway Subarea Habitat Conservation Plan (PSHCP) Mitigation Area. Pursuant to Subsection 4, Section 76 of the 1987 Army Corps of Engineers Wetlands Delineation Manual, the project biologist advises that the reported 0.16 acres of on- site freshwater marsh area is a result of the man-made desiltation basin. Therefore the marsh habitat could be classified as a "man-induced wetland" and should not be delineated as wetlands per the referenced subsection. In the event the applicant is able to obtain written concurrence from the Army Corps of Engineers (ACOE) classifying the referenced freshwater marsh/desiltation basin area as man-induced wetland and not subject to mitigation, the City of Poway will not require mitigation for project impacts to the 0.16 acres of freshwater marsh habitat. If written concurrence cannot be obtained from the ACOE, the project will be required to provide mitigation at a minimum 1:1 ratio for the 0.16 acres of freshwater marsh habitat impacts. Said mitigation could be accomplished through on-site or off-site dedication of a Biological Conservation Easement over comparable quality, unencumbered fresh water marsh habitat. 10. The subject property is located outside of the Poway Subarea Habitat Conservation Plan (PSHCP) Mitigation Area; however because the on-site stream is part of a vital urban riparian corridor, onsite and offsite dedication of a Biological Conservation Easement for 0.28 acres of re- created wetland riparian habitat is acceptable as mitigation for the project Resolution No. P-05-73 Page 7 impacts to riparian habitat (0.08 acres of willow riparian woodland, 0.20 acres of willow riparian scrub). In addition, off-site dedication of 0.47 acres of CSS habitat of equal or greater conservation value is required for project impacts to CSS habitat (based on project impacts to CSS habitat as reported in the October 2, 2005 Project Biology Report). Said off-site dedication shall require the applicant to dedicate 0.47 acres of CSS habitat in a Biological Conservation Easement. Said Conservation Easement shall be approved by the Director of Development Services, and shall be notarized and recorded with the County of San Diego at the cost of the applicant. In compliance with the PSHCP, the City shall SUbsequently re-zone the mitigation land to Open Space-Resource Management to insure its permanent preservation. In lieu of the off-site dedication of CSS habitat, the applicant may opt to complete the mitigation requirement for the CSS habitat project impacts through payment of a Habitat Mitigation In-Lieu Fee. Presently, the Habitat Mitigation In-Lieu Fee is $10,000/acre. In compliance with the PSHCP, the City shall subsequently rezone any dedication of mitigation land to Open Space-Resource Management to insure its permanent preservation. 11. In accordance with Condition H of the poway HCP 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 time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures, to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS,) are implemented. There is no guarantee that grading will be allowed to resume. a. Before issuance of a Clearing/Grading Permit, if grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division a letter from a qualified biologist retained by the applicant, with a scope of work for a CSS habitat and Gnatcatcher Survey, and a report for the area to be cleared and/or graded and CSS 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 CSS 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). Resolution No. P-05-73 Page 8 b. 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. c. 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 CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the Gnatcatcher nesting season from Febnuary 15 through July 1. d. If Gnatcatchers are present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time. e. The biologist must attend the City's pre-construction meeting for the project and must be present on-site during all clearing/grading activities to monitor that the clearing/grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat, on a daily basis, within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a Gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the Gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s). If grading is required to stop due to the presence of active nests, the applicant shall be required to provide erosion control to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. 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. 12. At a minimum, all protected areas, as shown on the grading plan, shall be staked by a licensed surveyor, and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing or grubbing. A written certification from the engineer of work, or a licensed surveyor, shall be provided to the Resolution No. P-05-73 Page 9 Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 13. The biologist shall provide the City with written confinnnation that the limits of clearing/grading are in accordance with the project's Biological Resource Assessment. 14. If required, the applicant's Engineer shall provide a plat map and legal description showing the Biological Conservation Easement area. The plat map submitted shall be an original, and shall be stamped and signed by the Engineer. Separate plan check fees will be required for review of this easement. 15. If required, the signed and notarized Biological Conservation Easement document shall be returned to the City, for review and approval, then to be recorded with the County of San Diego. The applicable review fees and fees for the recordation shall be submitted by the applicant. 16. The applicant's Engineer shall provide a plat map and legal description showing the Open Space Easement area. The plat map submitted shall be an original, and shall be stamped and signed by the Engineer. Separate plan check fees will be required for review of this easement. 17. The signed and notarized Open Space Easement document shall be returned to the City, for review and approval, then to be recorded with the County of San Diego. The applicable review fees and fees for the recordation shall be submitted by the applicant. 18. Project grading may be required to be conducted outside the rainy season. 19. The necessary permits and approvals from the U.S. Army Corps of Engineers, the California Department of Fish and Game, and the California Regional Water Quality Control Board shall be obtained. 20. A current protocol Least Bell's Vireo Survey must be completed on the property, to the satisfaction of the Director of Development Services, to insure that no Least Bell's Vireo birds occupy the site. 21. A Revegetation/Landscape Plan shall be prepared for the realigned channel/banks and submitted to the Poway Planning Division and the California Department of Fish and Game for review and approval. The plan should address proper revegetation of the realigned creek with Riparian vegetation, provide landscaping for the required Open Space buffer areas and show a minimum 4-foot high masonry wall to be constructed along the northerly limits of the Open Space buffer area on Resolution No. P-05-73 Page 10 the north side of the realigned channel. Landscaping within the required buffer areas shall consist of natural plant material that is non-invasive and can coexist adjacent to riparian vegetation. Performance securities shall be posted with the City, not less than 36 months, to insure proper establishment of the plant material. The plan must be prepared by a licensed landscape architect or a biologist. 22. An open space buffer shall be established as a no development area (except landscaping and irrigation) along the banks of the realigned creek channel. A minimum 15-foot wide buffer shall be provided adjacent to the northerly side of the realigned channel and a minimum 25-foot wide buffer shall be provided adjacent to the southerly side of the realigned channel bank. An Open Space Easement shall be dedicated to the City over said bank buffer areas. 23. The owner(s) of Lot 48 of Green Valley Estates (Map 12466) shall be mailed a notice by the Development Services Department, Planning Division to advise of the availability of the grading plan for review and comment during the project grading plan check review process. 24. Prior to certification of line and grade approval, the applicant shall complete the following: a. Landscaping and irrigation shall be installed and established in the realigned channel in accordance with the Revegetation/ Landscaping Plan referenced above in Item 1.c under the Biological Resources, Mitigation Section. b. The recreational trail on the south boundary of the property, which is shown on the underlying subdivision map shall be improved to City of Poway trail standards. D. Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. Approval of a Minor Development Review Application shall be obtained for future construction of a house on the site. 2. The site shall be developed in accordance with the approved plans dated October 4, 2005, and conditions of approval on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. Resolution No. P-05-73 Page 11 3. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance. 4. Building Permit plans shall show the proposed colors, texture and type of the exterior building materials for the residence. 5. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway School District for additional information at (858) 679-2570. 6. The plans shall show all existing and new utilities placed underground. 7. Payment of the Affordable Housing In-Lieu Fee at the established rate. 8. 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. 9. Prior to start of any work within City-held easements or rights-of-way, a Right-of Way Penmit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 10. The following development fees shall be paid to the Engineering Division. The fees and the corresponding amounts are as follows and are subject to change without further notice. The amounts to be paid shall be those in effect at time of payment. Water base capacity fee (Resolution No. 91-123) For 0/." meter For 1" meter Other meter sizes = $ 3,710.00 per meter = $ 6,678.00 per meter = Contact Engineering Division Water meter fee (Resolution No. 91-123) For 0/." meter For 1" meter Other meter sizes = $ 130.00 per meter = $ 270.00 per meter = Contact Engineering Division Resolution No. P-05-73 Page 12 SDCWA capacity charge (applicable to potable water only) - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For 0/." meter For 1" meter Other meter sizes = $3,985.00 per meter = $6,376.00 per meter = Contact Engineering Division SDCWA Water Treatment Capacity Charge - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For 0/." meter For 1" meter =$153.00 per meter =$245.00 per meter Sewer connection fee = $1,678.00 per LOA 206 Sewer cleanout fee = $50.00 per cleanout Sewer cleanout inspection fee = $25.00 per cleanout Traffic mitigation fee = $990.00 Drainage fee = $950.00 Park fee = $2,720.00 E. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the following: 1. All existing and proposed utilities within the project site shall be installed underground. 2. Drainage facilities, slope landscaping and protection measures, and utilities, shall be constructed, completed, and inspected by the Engineering Inspector. 3. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 4. The applicant shall repair any and all damages to the streets caused by construction activity from this project, to the satisfaction of the City Engineer. 5. Record drawings, 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 Resolution No. P-05-73 Page 13 in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. 6. All exposed slopes greater than 5:1 slope shall be planted and irrigated. Section 5: The approval of Minor Development Review Application 05-29 shall expire at 5:00 p.m. on November 15, 2007, unless a Grading Permit has been issued, and construction or use of the property in reliance on this penmit has commenced prior to its expiration. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, this 15th day of November 2005. ATTEST: ~~ L. Diane Shea, City Clerk 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-05-73 was duly adopted by the City Council at a meeting of said City Council held on the 15th day of November 2005, and that it was so adopted by the following vote: AYES: NOES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NONE ABSENT: NONE DISQUALIFIED: NONE LQ!.~~ City of Poway Resolution No. P-05-73 Page 14 EXHIBIT A MITIGATION MONITORING PROGRAM FOR MORA 05.29 - Lot 47 Green Valley Estates APN 275.270.35 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. To ie Biological Resources Miti ation Measure The necessary permits and approvals from the U.S. Army Corps of Engineers, the California Department of Fish and Game and the California Regional Water Quality Control Board shall be obtained. Timin Prior to Grading Permit A current protocol Least Bell's Vireo Prior to Survey must be completed on the Grading property, to the satisfaction of the Permit Director of Development Services, to insure that no Least Bell's Vireo Birds occupy the site. Applicant A Revegetation/Landscape Plan shall be Prior to prepared for the realigned channel/banks Grading and submitted to the Poway Planning Permit Division and the California Department of Fish and Game for review and approval. The plan should address proper revegetation of the realigned creek with Riparian vegetation, provide non- invasive landscaping for the required Open Space buffer areas, and detail the construction of a minimum 4-foot high masonry wall along the northerly limits of the Open Space buffer on the north side of the realigned channel. Performance securities shall be osted with the Ci , Applicant Topic Resolution No. P-05-73 Page 15 Mitigation Measure not less than 36 months, to insure proper establishment of the plant material. The plan must be prepared by a licensed landscape architect or a biologist. The subject property is located outside of Prior to Applicant the Poway Subarea Habitat grading permit Conservation Plan (PSHCP) Mitigation Area. Pursuant to Subsection 4, Section 76 of the 1987 Army Corps of Engineers Wetlands Delineation Manual, the project biologist advises that the reported 0.16 acres of on-site freshwater marsh area is a result of the man-made desiltation basin. Therefore the marsh habitat could be classified as a "man-induced: wetland" and should not be delineated as wetlands per the referenced subsection. In the event the applicant is able to obtain written concurrence from the Army Corps of Engineers (ACOE) classifying the referenced freshwater marsh/desilta- tion basin area as man-induced wetland and not subject to mitigation, the City of Poway will not require mitigation for project impacts to the 0.16 acres of freshwater marsh habitat. If written concurrence cannot be obtained from the ACOE, the project will be required to provide mitigation at a minimum 1:1 ratio for the 0.16 acres of freshwater marsh habitat impacts. Said mitigation could be accomplished through on-site or off-site dedication of a Biological Conservation Easement over comparable quality, unencumbered fresh water marsh habitat. Timing Responsibili~ The subject property is located outside Prior to Applicant of the Poway Subarea Habitat grading permit Conservation Plan (PSHCP) Mitigation Area; however because the on-site stream is part of a vital urban riparian corridor, onsite and offsite dedication of a Biological Conservation Easement for 0.28 acres of re-created wetland riparian habitat is acceptable as mitigation for the project impacts to riparian habitat (0.08 Topic Resolution No. P-05-73 Page 16 Mitiaation Measure acres of willow riparian woodland, 0.20 acres of willow riparian scrub). In addition, off-site dedication of 0.47 acres of CSS habitat of equal or greater conservation value is required for project impacts to CSS habitat. Said off-site dedication shall require the applicant to dedicate 0.47 acres of CSS habitat in a Biological Conservation Easement. Said Conservation Easement shall be approved by the Director of Development Services, and shall be notarized and recorded with the County of San Diego at the cost of the applicant. In compliance with the PSHCP, the City shall subsequently re-zone the mitigation land to Open Space-Resource Management to insure its permanent preservation. In lieu of the off-site dedication of CSS habitat, the applicant may opt to complete the mitigation requirement for the CSS habitat project impacts through payment of a Habitat Mitigation In-Lieu Fee. Presently, the Habitat Mitigation In-Lieu Fee is $10,000/acre. Timing ResponSibility An open space buffer shall be Prior to Applicant established as a no development area grading permit (except landscaping and irrigation) along the banks of the realigned creek channel. A minimum 15-foot-wide buffer shall be provided adjacent to the southerly side of the realigned channel bank. An Open Space Easement shall be dedicated to the City over the bank buffer areas.