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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. Resolution No. P-05-65 Page 4 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 Page 5 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. Resolution No. P-05-65 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 Resolution No. P-05-65 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. Resolution No. P-05-65 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. Resolution No. P-05-65 Page 14 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.