Res P-06-22
RESOLUTION NO. P-06-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP (TTM) 03-02R
ASSESSOR'S PARCEL NUMBERS: 321-100-01 and 08
WHEREAS, on February 15, 2005, the City Council approved TTM 03-02, a
request by Northpoint Development, for a 5-lot subdivision of approximately 85 acres,
consisting of four residential lots and one open space lot, located at the southerly
terminus of Tooth Rock Road, in the Rural Residential AtOpen Space-Resource
Management zone; and
WHEREAS, Northpoint Development has submitted a request for approval of
revisions to the approved TTM 03-02 involving increases to the size of the residential
lots to between 4 and 7 acres, increasing the graded area for each of the lots, changes
in the pad elevations on two of the lots, and construction of a 6-foot-high retaining wall
in conjunction with construction of the project road; and
WHEREAS, on April 4, 2006, 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: Pursuant to Section 15162 of the California Environmental Quality Act
(CEQA) Guidelines, subsequent environmental review, or notice, is not required since
the project is within the scope of the Mitigated Negative Declaration that was adopted
in conjunction with the original approval of Tentative tract Map (TTM) 03-02 on February
15, 2005.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a
revised biological report for the proposed project revisions by REC Consultants (dated
January 2006) was submitted for the property. Project development will permanently
impact approximately 10.25 acres of habitat on- and off-site, consisting of Coastal Sage
Scrub (CSS), Chamise Chaparral, and disturbed habitat, located on property inside of
the Mitigation Area, the Biological Core and Linkages Area, and Proposed Resource
Protection Area 11/Rattlesnake Canyon 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 03-02R 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 1:1 for
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Chamise Chaparral and disturbed habitat. Accordingly, 16.68 acres is required
mitigation for CSS and 1.91 acre is required mitigation for Chamise Chaparral
and disturbed habitat, for an overall total of 18.6 acres of mitigation.
Approximately 11 acres of habitat on the site, which is not in a Biological
Conservation Easement (BCE), shall be put into a BCE as partial mitigation.
This habitat is contiguous to other habitat on the site that is already in a BCE.
The balance of the mitigation requirement will be satisfied by either purchase of
similar habitat within the Mitigation Area, or by payment of an In-Lieu Fee.
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 and/or
payment of In-Lieu Fees will serve to enhance the long-term viability and function
of the preserve system.
C. The habitat preserved through off-site dedication or purchased by mitigation
In-Lieu Fees 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 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
corridors.
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 contribute likewise 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 Easement Deeds or In-Lieu Fees will be paid.
Section 3: The findings in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for the revisions to Tentative Tract Map
03-02R, are made as follows:
A. The Tentative Tract Map is consistent with the General Plan in that it proposes to
create four residential parcels, in a "lot-averaged" subdivision, ranging in size
from 4 to 7 net acres, on an approximate 85-acre site, that comply with the
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density limits and minimum lot size standards 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 road and water line improvements comply with City
design standards.
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 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 since the vacation of an existing, land-locked, public road
easement, which is proposed by the developer, is required to occur prior to the
approval of the Final Map.
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 High Valley
Road, will be constructed.
2. A looped water line from the existing line in High Valley Road will be
constructed to serve the development.
3. On-site drainage improvements will be constructed to handle the surface
water ru noff.
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4. A fire hydrant(s) will be constructed to serve the development and provide
fire protection.
5. Water fees will be paid. On-site and off-site improvements will be made to
provide water service to the development.
Section 5: The City Council hereby approves TTM 03-02R, revisions to a previously
approved 5-lot subdivision (four residential lots and one open space lot) of
approximately 85 acres, consisting of larger residential lots, increased grading, pad
elevation changes on two lots, and a 6-foot-high retaining wall to be constructed in
conjunction with the project road, as shown on the replacement Tentative Tract Map
dated March 6, 2006, subject to the conditions below:
A. Within thirty (30) days after Tentative Tract Map approval, the applicants shall
submit in writing to the City, that all Conditions of Approval have been read and
understood.
B. The applicants shall comply with the Conditions of Approval contained in
Resolution No. P-05-11, incorporated herein by reference, unless otherwise
specified herein.
C. Conditions G.10, G.12, G.13, G.15, H.21, and L.5 of Resolution No. P-05-11 are
revoked in their entirety.
D. All project retaining walls shall be shown on the grading plan. No retaining walls,
other than those needed for the off-site road improvements as shown on the
approved Tentative Tract Map, shall be permitted. Retaining walls shall not
exceed 6 feet in height. Retaining wall heights greater than 6 feet shall require
City Council approval.
E. Prior to the issuance of a Grading Permit or Final Map approval, whichever
occurs first, the applicant shall mitigate for the on-site and off-site permanent
removal of 8.34 acres of Coastal Sage Scrub at the rate of 2:1 and 1.33 acre of
Chamise Chaparral at the rate of 1: 1, and 0.58 acres of disturbed habitat at the
rate of 1:1, for an overall requirement of 18.6 acres. A Biological Conservation
Easement (BCE) over approximately 11 acres of on-site CSS and Chamise
Chaparral shall be partial mitigation. The balance of required mitigation shall be
satisfied by either the establishment of a BCE over like habitat within the Poway
Subarea Habitat Conservation Plan (HCP) Mitigation Area or the payment of an
In-Lieu Fee. 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 ensure its permanent
preservation.
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F. The applicant shall cause the construction of permanent drainage facilities to
take place at the beginning of construction, or as soon as feasible as deemed by
the Inspector, and prior to the rainy season.
G. Erosion control measures shall be installed at the beginning of construction and
remain in place throughout its duration. This includes installation of a detention
basin at the beginning of construction, and to remain in place at all times. The
applicant's engineer for the project is to monitor the location of the detention
basin so that it remains effective.
H. Prior to the issuance of a Grading Permit, the applicant shall submit a wall
architectural elevation, and a concept landscaping plan, for the wall and
landscaping that will be provided off-site along Tooth Rock Road leading to the
project entrance. The retaining wall design and landscaping plan shall be
developed in consultation with attendees of the March 8, 2006 Neighborhood
Meeting on the project that had expressed interest in the wall and landscaping
before submitting plans to the City. Landscaping shall be installed before the
issuance of any building permits for the project.
I. Prior to the issuance of a Grading Permit, the applicant shall submit an inventory
of trees to be removed in conjunction with the project, including trees to be
removed as a result of the off-site road widening and water line extension, and
shall receive approval of a Tree Removal Permit. Trees shall be replaced at
ratios specified in Chapter 12.32 of the Poway Municipal Code.
Section 6: The approval of Tentative Tract Map 03-02R expires on April 4, 2008. at
5:00 p.m. The Final Map conforming to this conditionally approved Tentative Tract Map
shall be filed with the City so that the City may approve the Final Map before this
approval expires, unless at least 90 days prior to the expiration of the Tentative Tract
Map a request for a time extension is submitted to the Development Services
Department and a time extension is subsequently granted by the City Council.
Section 7: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on April 4, 2006.
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PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 4th day of April 2006.
ATTEST:
X~~
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-06-22 was duly adopted by the City
Council at a meeting of said City Council held on the 4th day of April 2006, and that it
was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
X~~~
L. Diane Shea, City Clerk
City of Poway