Res P-05-65
RESOLUTION NO. P-05-65
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION
AND TENTATIVE TRACT MAP (TTM) 02-02
ASSESSOR'S PARCEL NUMBERS 277-080-09
WHEREAS, A request was submitted by BBA Partners for a Tentative Tract Map
(TTM 02-02) for a 16-lot subdivision of approximately 122 acres, consisting of 10
residential lots, four open space lots, one private road lot, and one water reservoir lot,
located near the eastern terminus of Valley View Road, east of Old Coach Road, in the
Rural Residential A (RR-A) zone; and
WHEREAS, on October 11, 2005, the City Council held a public hearing on the
above-referenced item; and
WHEREAS, the City Council has read and considered the Agenda Report for the
proposed project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program,
shown as Exhibit A of this Resolution, for Tentative Tract Map 02-02. The subject EIS
and MND documentation are fully incorporated herein by this reference. The City Council
finds, on the basis of the whole record before it, that there is no substantial evidence the
project will have a significant impact on the environment, that the mitigation measures
contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a
less than significant level, and that the MND reflects the independent judgment and
analysis of the City. The City Council hereby approves the MND and the associated
Mitigation Monitoring Program.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a
biological report by REC Consultants (dated October 2003) was submitted for the
property. Project development will permanently impact approximately 13.8 acres of
habitat, consisting of Coastal Sage Scrub (CSS) and Southern Mixed Chaparral (SMC),
located on property inside of the Mitigation Area, and partially within the Biological Core
Linkages Area, and near Proposed Resource Protection Area PRPA 4a and the Mount
Beatrice Cornerstone of the Poway HCP. In accordance with the Poway HCP, the
required findings for approval of the proposed mitigation for the removal of habitat for
Tentative Parcel Map 02-02 are as follows:
A. The proposed project is inside of the Mitigation Area of the Poway HCP. Per the
HCP, habitat impact mitigation is required at the rate of 2:1 for CSS and Southern
Mixed Chaparral. Accordingly, 26.22 acres is required mitigation for impacting
13.11 acres of CSS and 11.18 acres is required for impacting 5.59 acres of
Resolution No. P-05-65
Page 2
Southern Mixed Chaparral, for an overall total of 37.40 acres of mitigation. No
mitigation is required for the existing dirt roads classified as Disturbed Habitat.
The applicant is proposing that 37.40 acres of habitat be placed in an on-site
Biological Conservation Easement (BCE) as required mitigation. An Open Space
Easement will be placed over the remaining undeveloped portion of the land to
protect the native habitat in perpetuity. Therefore, the mitigation is consistent with
and furthers the implementing objectives of the Poway HCP.
B. Preservation of such habitat within the Mitigation Area, and/or payment of In-Lieu
Fees will contribute toward the building of the ultimate total Mitigation Area
preserve system of the HCP. Therefore, such habitat preservation will serve to
enhance the long-term viability and function of the preserve system.
C. The habitat preserved through on-site dedication will be to the long-term benefit of
the Poway Subarea Habitat Conservation Plan (PSHCP) covered species and
their habitats in that the recordation of a Biological Conservation Easement over
undisturbed and unencumbered habitat will promote a meaningful addition to the
assembly of a viable regional system of uninterrupted natural habitat resources,
habitat linkages, buffers, and wildlife corridors.
D. The preserved habitat will foster the incremental implementation of the PSHCP in
an effective and efficient manner in that the preservation of on-site conservation
area(s) are within an identified Mitigation Area within the City and will likewise
contribute towards assembling the total Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent public
Biological Conservation Easements.
Section 3: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Tract Map 02-02, are made as
follows:
A. The Tentative Tract Map is consistent with the General Plan in that it proposes to
create 10 residential parcels, in a "lot averaged" subdivision, ranging in size from 4
to 8 net acres, on an approximate 122-acre site, that comply with the density limits
and minimum lot size standards for the RR-A zone contained in the General Plan
and Poway Municipal Code.
B. The design and improvements required of the Tentative Tract Map are consistent
with the General Plan, in that the approved lot sizes and configurations adhere to
the development standards for the Rural Residential A zone, and water line
improvements comply with City design standards.
Resolution No. P-05-65
Page 3
C. The site is physically suitable for the type of development and the density
proposed in that the proposed subdivision complies with the density limitations and
minimum lot size standards of the General Plan and Poway Municipal Code.
D. The design of the Tentative Tract Map is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or their habitat
in that the anticipated impacts to biological resources will be mitigated on-site to a
level of insignificance.
E. The Tentative Tract Map is not likely to cause serious public health problems as
City water service, in a looped system, will be provided to the site by the developer
and the project's septic system will be designed to comply with City and/or County
of San Diego Department of Environmental Health standards.
F. The design of the Tentative Tract Map will not conflict with any easement by the
public at large, now of record, for access through or use of the property within the
proposed subdivision.
Section 4: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the General Plan, as well as City Ordinances, because all necessary
services and facilities will be available to serve the project. The construction of
public improvements is needed as a result of the proposed development to protect
the public health, safety and welfare as identified below:
1. Roadway improvements on-site, and leading to the site from Valley View
Road, will be constructed.
2. A looped water line from the existing line in Old Coach Road will be
constructed to serve the development.
3. The construction of a 500,000-gallon water reservoir, and on-site and off-
site improvements will be made to provide water service to the
development.
4. On-site drainage improvements will be constructed to handle the surface
water runoff.
5. Fire hydrants will be constructed to serve the development and provide fire
protection.
6. Access to the site will be provided in accordance with City standards and to
ensure adequate emergency access.
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Section 5: The City Council hereby approves Tentative Tract Map 02-02, a "Lot
Averaged" subdivision, to allow a 16-lot subdivision of approximately 122 acres,
consisting of 10 residential lots, four open space lots, one private road lot, and one water
reservoir lot, located near the eastern terminus of Valley View Road, east of Old Coach
Road, in the Rural Residential A (RR-A) zone, as shown on the Tentative Tract Map
dated July 27,2005, 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 Development Review/Minor Development Review Application and Hillside/
Ridgeline Review process prior to issuance of Building Permits.
B. Approval of this request shall not waive compliance with any sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
Building Permit issuance.
C. This approval is based on the existing site conditions represented on the approved
Tentative Tract Map. If actual conditions vary from representations, the approved
map must be changed to reflect the actual conditions. Any substantial changes to
the approved Tentative Tract Map, prior to Final Map approval, must be approved
by the Director of Development Services and may require approval of the City
Council.
D. The developer is required to comply with the Poway Noise Ordinance
requirements that govern construction activity and noise levels.
E. Within thirty (30) days after City Council approval of the Tentative Tract Map, the
applicant shall submit in writing to the City that all Conditions of Approval have
been read and understood.
F. The project shall take access from the private road easement leading from High
Valley Road, as shown on the approved Tentative Tract Map. No road easement
or other access easement, except the Public Recreation Trail Easements on the
approved Tentative Tract Map, shall be allowed through the recorded Biological
Conservation Easement.
G. Prior to Final Map approval, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. Submittal of a Final Map to the City for review and payment of the 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
Resolution No. P-05-65
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City Council and shall be in substantial conformance with the approved
Tentative Map.
2. All easements to the City of areas within the subdivision shall be made on
the Final Map and off-site easements or rights-of-way shall be recorded
prior to map approval. The applicant/developer shall cause the dedication
of the following to the City:
a. Waterline, and public utility/access easement/s over, along and across
the entire private road (designated as Lot B) in the subdivision and in
Lots 8, 9, and F. The width of the public utility/access easement in Lots
8, 9, and F shall be a minimum 30.00 feet wide. Approximately 3,000
square feet shall be deducted from the Lot F open space to
accommodate for the utility easement. In addition, should the fire
hydrants or any portion of the water main line be located outside Lot B,
an additional water line easement, a minimum of 20.00 feet wide, shall
also be dedicated.
b. An off-site water line easement, 20.00 feet wide minimum, shall be
dedicated for any portion of needed public water main lines outside the
subdivision. A processing fee of $1,000.00 shall be paid to the City for
each easement dedicated by separate instrument other than the Final
Map.
c. Dedication of the Public Utility Easement to the City shall include the
rights of the City to assign and/or dedicate to others for cable TV,
telephone, and telecommunications purposes.
d. Lot "A", designated as "Reservoir Site", shall be granted in fee title to the
City.
e. The access road to and around the water reservoir shall be paved and
improved to a width subject to the satisfaction of the Director of Public
Works.
f. Lots "C", "D", "E", and "F" shall be dedicated as Open Space
Easements.
3. Obtain City approval of improvement plans for public and private road
improvements. Public improvements referred herein include, but are not
limited to, public water main lines and public recreational trail
improvements.
4. Completion of a Boundary Adjustment between a portion of Parcel 1 and
Parcel 2 of PM 1648.
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Page 6
5. Obtain septic system approval from the San Diego County Department of
Health for the sewage disposal system.
6. Execution of Standard Agreement for the Construction of Public
Improvements, posting of securities (performance, payment, and
monumentation) and submittal of insurance certificates for liability and
workmen's compensation coverage.
7. Recordation of a Private Road Construction and Maintenance Agreement
for the private road within the subdivision, and that portion of Valley View
Road from the subdivision boundary to its intersection with Old Coach Road
and Deer Valley Estates Road. This Agreement shall be reviewed and
approved as to fonm and content by the City Attorney prior to recordation.
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 applicanUdeveloper's title company to provide the City of said
photo mylar copy of the recorded map within 30 days from its recordation in
the office of the Recorder of San Diego County.
Planning)
9. A public recreation trail easement shall be provided on-site. Prior to
Building Penmit issuance, the trail shall be constructed in a location and
width to be determined by the Public Works Department. All public trails
shall be shown on the Final Map, the grading plan and the street
improvement plan, and shall be improved to the satisfaction of the Director
of Development Services and the Director of Public Works. All trails shall
be sited and designed for ultimate connection with the City-wide trail
network.
10. Prior to the issuance of a Grading Permit, Administrative Clearing Permit or
Final Map approval, whichever occurs first, the applicant shall mitigate for
the on-site and off-site permanent removal of 13.7 acres of Coastal Sage
Scrub and Southern Mixed Chaparral at the rate of 2:1 for an overall
requirement of 37.4 acres. A Biological Conservation Easement (BCE)
over 37.4 acres of on-site CSS shall serve as required mitigation. The BCE
shall be approved by the Director of Development Services, and shall be
notarized and recorded with the County of San Diego at the cost of the
applicant. In compliance with the HCP, the City shall re-zone the mitigation
land to Open Space-Resource Management to insure its permanent
preservation.
11. Prior to the issuance of a Grading Permit, Administrative Clearing Permit,
or approval of the Final Map, whichever occurs first, the applicant shall
consult with the appropriate State and Federal penmitting agencies
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Page 7
regarding the blue line stream located on the site. The applicant shall
submit documentation of the project's compliance with the permitting
agencies requirements to the City, and shall incorporate any permitting
agency requirements into the project plans.
12. Prior to the issuance of a Grading Permit, Administrative Clearing Permit or
approval of the Final Map, whichever occurs first, the applicant shall submit
to the City for review and approval a Habitat Restoration and Monitoring
Plan (HRMP) and applicable review fees. The HRMP is for the septic field
areas that the developer proposes to re-vegetate to comply with City HCP
requirements. These approximately 1.4 acres shall be placed into an Open
Space Easement, along with other portions of the lots that are outside the
project development area and outside of any Biological Conservation
Easement area and given full credit for mitigation. The Open Space
Easement shall be approved by the Director of Development Services, and
shall be notarized and recorded with the County of San Diego at the cost of
the applicant. Habitat restoration over the septic field areas, which are
outside of the required fire fuel management areas, shall be conducted and
maintained as habitat for the life of the project.
13. The Biological Conservation Easement and Open Space Easement shall be
shown on the Final Map.
14. Prior to the issuance of a Grading Permit, the applicant shall provide a
landscape plan for all slopes and fire management zones. The appropriate
landscaping plan check fee shall be submitted with the plans (the fee is
based on the estimated cost of the improvements).
15. Prior to Final Map approval, the applicant may be required, if sufficient land
is not available, to modify to Lot 1 to provide sufficient net acreage to
accommodate a potential driveway access through the parcel to serve the
40-acre parcel to the west.
H. Prior to construction of public improvements and private road improvements,
unless other timing is indicated, the applicanUdeveloper shall complete the
following:
1. Submittal of the following improvement plans to the Development Services
Department for review and approval:
a. Public water svstem - The public water system shall include water main
lines, reservoir (the capacity of which shall be determined by the City),
fire hydrants, 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
Resolution No. P-05-65
Page 8
applicant/developer shall pay to the City, upon demand, the cost of
preparing the analysis.
b) Private Roads - Valley View Road, and a portion of the private road
from the northerly boundary of the subdivision to a point where it
branches into two segments, shall be improved to a roadway width of 24
feet, with 2-foot-wide shoulders to the satisfaction of the City Engineer.
The rest of the private roads shall be improved to a roadway width of 22
feet, with 3-foot-wide shoulders. Cul-de-sacs shall be improved to a
minimum 76-foot diameter roadway. Road right-of-way width is to be a
minimum of 40 feet. Roadway paving shall have a minimum structural
section per City Standards cited in City Code Section 12.20.120 for Non-
dedicated Rural Local Roads.
c) Public utilitv/access in Lots 8. 9. and F - It shall be paved to a minimum
width of 20 feet and shall be of the same pavement structural section as
the private roads, unless approved otherwise by the Director of Public
Works.
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. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work. Any utility improvements that are greater than 36 inches
in height will be required to be screened by landscaping. All utility boxes
shall be shown on the landscape and improvement plans.
3. The applicant/developer shall pay the following fees and post or pay
appropriate securities:
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'l fee of 3% of cost
= add'l fee of 2% of cost
= Time and materials
Improvement Inspection = To be determined (same basis as in
improvement plan check fee calculation).
Resolution No. P-05-65
Page 9
4. Posting of performance and payment securities.
5. Right-of-Way Penmits ($50.00 each, if needed) 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. 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.
8. 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).
9. Fire hydrants shall be installed in the approximate locations shown on the
Tentative Tract Map to the satisfaction of the City Fire Marshal.
10. No private improvements shall be placed or constructed within public street
rights-of-way or City easements unless anyone of the following is satisfied:
a. An Encroachment Maintenance and Removal Agreement has been
executed by the developer/owner and subsequently approved by the
City; or
b. Approval of grading or improvement plans, on which a Right-of-Way
Permit has been issued for the private improvements shown to be
constructed.
11. Construct a waterline extending from the water reservoir and stubbing at
the south property line (Malone subdivision) in a location and size subject to
the Director of Development Services.
I. Prior to Grading Penmit issuance, unless other timing is indicated, the applicant/
developer shall complete the following:
(Engineering)
1. Submittal to the City for review and approval of precise grading plans,
erosion control plan, Storm Water Pollution Prevention Plan, Grading
Resolution No. P-05-65
Page 10
Permit application and geotechnical reportls to the Development Services
Department.
2. Grading of the project shall be in substantial conformance with the
approved Tentative Map and in accordance with the Unifonm Building Code,
City Grading Ordinance, and City Storm Water Management and Discharge
Control Ordinance.
3. A drainage system capable of handling and disposing of all surface water
originating within the development and all surface water that may flow onto
the development from adjacent lands shall be constructed.
4. Erosion control, including but not limited to, desiltation basins, shall be
installed and maintained from October 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. Submittal of a copy, or a proof of filing, of a Notice of Intent (NOI)
application for coverage of the National Pollutant Discharge Elimination
System (NPDES) penmit.
6. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared.
The SWPPP shall provide the erosion, sedimentation and pollution control
measures to be used during construction.
7. Pad elevations shown on the grading plan shall not change by more than
two feet in height from the elevations shown on the approved Tentative
Map, unless otherwise approved by the City Council.
8. All new slopes with a maximum 2:1 (horizontal to vertical) slope. 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.
9. 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, shall be shown on the
grading plan.
10. The grading plan shall demonstrate the project's compliance with the City's
Standard Urban Stormwater Mitigation Plan Ordinance. This shall include
submittal of infonmation on the pollutants being generated by this project,
Resolution No. P-05-65
Page 11
and the orderly method of selecting appropriate Best Management
Practices (BMPs) as mitigation measures.
11. A certificate, signed by a registered civil engineer, stating 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.
12. 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.
13. All on-site and off-site project grading may be required to be conducted
outside the rainy season.
14. Grading securities in the form of a performance bond and cash deposit, or a
letter of credit shall be posted with the City.
15. A Storm Water Management Facilities Maintenance Agreement, in a fonnn
satisfactory to the City Attorney, shall be executed by the owner and/or
developer. The applicant shall provide to the City the necessary legal
descriptions and plat maps for this agreement.
16. 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.
17. The applicant/developer shall pay the following:
Grading Permit
= $100.00 per pennnit
Grading plan check
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 detennnined based on the following
= 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
Grading Inspection = To be detennnined, same basis as in
grading plan check fee calculation
Resolution No. P-05-65
Page 12
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 10 lots combined at one time. Additional reviews will be
charged when necessary. If a soils report and/or compaction report
is 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.
Stormwater Pollution Plan Check Fee = $175.00 per lot, if grading plans
for all 10 residential lots are prepared at one time; otherwise, it is
$225.00 per lot for individually prepared grading plans.
Stormwater Pollution Inspection Fee = $175.00 per lot, if grading plans
for all 10 residential lots are prepared at one time; otherwise, it is
$225.00 per lot for individually prepared grading plans.
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.
All of the above fees are those in effect at time of Tentative Tract Map
approval and are subject to change to those in effect when the Grading
Permit is sought for City approval.
18. City approval of soils report and grading plans.
19. 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)
20. The limits of approved habitat removal shall be clearly shown on the
grading plan and staked in the field prior to commencing grading.
21. Prepare a landscape and irrigation plan that will adequately screen the
water reservoir.
22. Prior to the removal of any trees during the recognized nesting season for
raptors, a qualified professional shall evaluate the subject tree(s) for a
raptor nest and report the findings in writing to the City. Should a nest or
nests be located, the tree removal shall be delayed until such time the nest
or nests have been abandoned.
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Page 13
23. In accordance with Condition H of the PSHCP Incidental Take Permit, a
take of active California Gnatcatcher nests, which includes harassment of
the bird due to grading noise and vibrations from February 15 through July
1, is not penmitted. Therefore, any grading or clearing during this time
frame will only be permitted subject to the following conditions having been
met to the satisfaction of the Director of Development Services.
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 the CSS habitat and Gnatcatcher
Survey and a map showing all habitat areas including all CSS habitat
within 500 feet of the area to be graded. The biologist shall contact the
USFWS to determine the appropriate survey methodology. The
purpose of the survey is to determine if any active Gnatcatcher nests
are located in the area to be cleared or graded, or if CSS habitat is
within 500 feet of such area. To be considered qualified, the biologist
must provide the City with a copy of a valid Gnatcatcher Recovery
Permit from the USFWS. The scope of work shall explain the survey
methodology for the biological survey and the proposed Gnatcatcher
nest monitoring activities during the clearing/grading operation.
b. Should the survey show, to the satisfaction of the Director of
Development Services, that active Gnatcatcher nests are not present
within the area to be graded or cleared, or within 500 feet of said area,
approval may be granted to commence grading/clearing within the
Gnatcatcher nesting season between February 15 and July 1 with
appropriate monitoring during that time.
c. If Gnatcatchers are present within the area to be graded/cleared, or
within 500 feet of that area, no grading will be allowed unless
appropriate mitigation is completed.
24. Install penmanent signs and fencing as deemed necessary by the Director
of Development Services, to delineate the limits of the Biological
Conservation Easement(s) present on the site when grading of the project
is complete, to be verified by Planning staff before the issuance of a
Building Permit or the release of grading securities, whichever occurs first.
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25. 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.
26. All project retaining walls shall be shown on the grading plan. No retaining
walls, other than those needed for the on-site road improvements as shown
on the approved Tentative Tract Map, shall be permitted.
Retaining walls shall not exceed 5 feet in height. Retaining wall heights
greater than 5 feet shall require City Council approval.
27. Habitat restoration over the septic field areas, which are outside of the
required fire fuel management areas, shall be conducted and maintained as
habitat for the life of the project.
28. 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 future
Development Review (DR) or Minor Development Review Applications (MDRA) in
conjunction with residential construction in the subdivision.
1. Recordation of the Final Map for Tentative Tract Map No. 02-02.
2 Completion of, and approval by the City, of rough grading of the project site.
3 City approval of soils' compaction report.
4. City approval of a certification of line and grade. The certification shall be
prepared by the project's civil engineer or City-approved designee.
5. Payment of development fees to the City. Development fees include, but
are not limited to, water base capacity fee, 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 system
and base capacity charges (by separate check, but remitted to City of
Poway.)
6. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein.
Resolution No. P-05-65
Page 15
7. A Minor Development Review Application (MDRA) approval shall be
obtained for home construction on a given lot before the issuance of a
Building Permit on that lot.
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.
9. The applicant shall annex into Landscape Maintenance District 86-1 prior to
the issuance of Building Permits.
K. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
(Engineering)
1. Driveways, drainage facilities, slope landscaping and protection measures,
and utilities shall be constructed, completed, and inspected by the
Engineering Inspector. The driveway shall be constructed in accordance
with Poway Municipal Code, Section 17.08.170D, and its structural section
shall be shown on the grading plan.
2. All existing and new utilities within the project shall be placed underground.
The applicant/developer shall be responsible for the relocation and
undergrounding of existing public utilities less than 34.5 kV, unless
specifically waived by the Director of Development Services.
3. An adequate drainage system around each building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
4. 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.
5. Sounds originating from water pump system must comply with the City's
Noise Ordinance.
Section 6: The approval of Tentative Tract Map 02-02 expires on October 11. 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 Parcel Map before this
Resolution No. P-05-65
Page 16
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 Govemment 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 October 11, 2005.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 11 th day of October 2005.
Mi
ATTEST:
P{~~
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-05-65 was duly adopted by the City Council
at a meeting of said City Council held on the 11th day of October 2005, and that it was
so adopted by the following vote:
AYES:
BOYACK, HIGGINSON, CAFAGNA
NOES:
ABSENT:
NONE
REXFORD, EMERY
DISQUALIFIED:
NONE
O(~~
L. Diane Shea, City Clerk
City of Poway
EXHIBIT "AU
Resolution No. P-05-65
Page 17
MITIGATION MONITORING PROGRAM
FOR TIM 02-02
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
Biology
Mitiaation Measure
Prior to the issuance of a Grading Penmit
or an Administrative Clearing Permit, the
applicant shall submit to the City for
review and approval a Habitat Restoration
and Monitoring Plan, and applicable
review fees. These areas shall be placed
into an Open Space Easement along with
other portions of the lots that are outside
the project development area and outside
of any Biological Conservation Easement
area. The Open Space Easement shall
be approved by the Director of
Development Services, and shall be
notarized and recorded with the County of
San Diego at the cost of the applicant.
Habitat restoration over the septic field
areas, which are outside of the required
fire fuel management areas, shall be
conducted and maintained as habitat for
the life of the project.
Timinn
Prior to the
issuance of a
Grading Permit or
the approval of
Final Map,
whichever occurs
first (for submittal
of plan)
Resnonsibilitv
Applicant
Prior to Certificate Applicant
of Occupancy (for
restoration)
Install permanent signs and fencing as
deemed necessary by the Director of
Development Services, to delineate the
limits of the Biological Conservation
Easement(s) present on the site.
The limits of approved habitat removal
shall be clearly shown on the grading plan
and staked in the field prior to
commencing grading.
Prior to the issuance of a Grading Penmit
or an Administrative Clearing Permit or
Final Map approval, whichever occurs
first, the applicant shall mitigate the on-
site permanent removal of 13.11 acres of
Coastal Sage Scrub (CSS) and 5.59
acres of Southern Mixed Chaparral at the
rate of 2:1 for an overall requirement of
37.40 acres. A Biological Conservation
Easement (BCE) shall be placed over
37.40 acres of on-site CSS as required
mitigation. The BCE shall be approved by
the Director of Development Services,
and shall be notarized and recorded with
the County of San Diego at a cost to be
paid by the applicant. In compliance with
the HCP, the City shall re-zone the
mitigation land to Open Space-Resource
Management to insure its permanent
preservation. An Open Space Easement
must also be recorded on the remaining
undeveloped portions of the property
Prior to the issuance of a Grading Penmit
or Administrative Clearing Permit, or
approval of the Final Map, whichever
occurs first, the applicant shall consult
with the appropriate State and Federal
permitting agencies regarding any
disturbance of the blue line stream
located on the site.
Resolution No. P-05-65
Page 18
Prior to starting Applicant
grading
Prior to the Applicant
issuance of a
Grading Permit or
of Final Map
approval, which-
ever occurs first
Prior to the Applicant
issuance of a
Grading Permit or
the approval of
Final Map,
whichever occurs
first
The applicant shall submit documentation
of the project's compliance with the
permitting agencies requirements to the
City, should it be required, and shall
incorporate any permitting agency
requirements into the project plans.
Prior to the removal of any tree during the
recognized nesting season for raptors, a
qualified professional shall evaluate the
subject tree(s) for a raptor nest and report
the findings in writing to the City. Should
a nest or nests be located in the tree,
removal shall be delayed until such time
the nest or nests have been abandoned.
In accordance with Condition H of the
PSHCP Incidental Take Permit, a take of
active California Gnatcatcher nests, which
includes harassment of the bird due to
grading noise and vibrations from
February 15 through July 1, is not
permitted. Therefore, any grading or
clearing during this timeframe will only be
permitted subject to the following
conditions having been met to the
satisfaction of the Director. The applicant
is hereby advised that, during grading, if
active nests are found within 500 feet of
the grading, the grading activity shall be
stopped until such time as mitigation
measures to the satisfaction of the City
and the United States fish and Wildlife
Service (USFWS) are implemented.
There is no guarantee that grading will be
allowed to resume.
Before issuance of a Clearing/ Grading
Permit, if grading or clearing is to occur
between February 15 and July 1, the
applicant shall provide to the Planning
Division a letter from a qualified biologist
Resolution No. P-05-65
Page 19
Prior to the
removal of any
tree
Prior to and
during grading
Prior to Grading
Permit
Applicant
Applicant
Applicant
Resolution No. P-05-65
Page 20
retained by the applicant, with a scope of
work for the CSS habitat and Gnatcatcher
Survey and a map showing all habitat
areas including all CSS habitat within 500
feet of the area to be graded. The
biologist shall contact the USFWS to
determine the appropriate survey
methodology. The purpose of the survey
is to determine if any active Gnatcatcher
nests are located in the area to be
cleared or graded, or if CSS habitat is
within 500 feet of such area. To be
considered qualified, the biologist must
provide the City with a copy of a valid
Gnatcatcher Recovery permit from the
USFWS. The scope of work shall explain
the survey methodology for the biological
survey and the proposed Gnatcatcher
nest monitoring activities during the
clearing/grading operation.
Should the survey show, to the
satisfaction of the Director of Develop-
ment Services, that active Gnatcatcher
nests are not present within the area to
be graded or cleared, or within 500 feet of
said area, approval may be granted to
commence grading/clearing within the
Gnatcatcher nesting season between
February 15 and July 1 with appropriate
monitoring during that time.
If Gnatcatchers are present within the area
to be graded/cleared, or within 500 feet of
that area, no grading will be allowed
unless aoprooriate mitiaation is completed.