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Res P-06-40 RESOLUTION NO. P-06-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2004031101) FOR THE LIGUORI RANCH ESTATES PROJECT, ADOPTING CANDIDATE CEQA FINDINGS, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING TENTATIVE TRACT MAP (TTM) 02-01 ASSESSOR'S PARCEL NUMBERS (APN): 277-021- 5, 6, 7, 8, 9, and 10; 277-011-4, and 5; 276-140-13 and 14 WHEREAS, Tom Liguori has filed a subdivision map for the Liguori Ranch Estates project ("Project") located approximately three miles north of Espola Road, near the northern terminus of Old Coach Way on Stage Coach Road; and WHEREAS, the Project consists of the Final Environmental Impact Report (Final EIR, State Clearinghouse No. 2004031101) and TTM 02-01; a request to subdivide approximately 496 acres into 31 lots consisting of 29 residential lots and 2 open space lots located at 15555 Stage Coach Road, in the Rural Residential A (RR-A) zone; and WHEREAS, on March 2, 2004, a Notice of Preparation of the Draft EIR was filed with the State Clearinghouse and distributed to those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and written comments of such persons and agencies on the Draft EIR were sought; and WHEREAS, written comments on the Draft EIR were received during a 45-day public review period from February 16, 2006, through April 3, 2006, and the Draft EIR was revised to include changes suggested where appropriate. The City of Poway, acting as the CEQA Lead Agency, has completed the Final EIR (State Clearinghouse No. 2004031101), including the preparation of responses to public comments received on the Draft EIR, in accordance with the California Environmental Quality Act (CEQA), the Guidelines for the implementation of CEQA, and local procedures to implement CEQA adopted by the City of Poway; and WHEREAS, a duly noticed and advertised public hearing was held by the City of Poway City Council on August 15, 2006, to consider the Final EIR and the proposed Project in accordance with the California Government Code and the California Environmental Quality Act, and all interested persons expressing the desire to comment having been heard, and said Final EIR and all public comments received and responses thereto have been considered by the City Council; and WHEREAS, the City Council acting as the CEQA Lead Agency, has independently reviewed and considered all public comments received and responses thereto, and all environmental documentation comprising the Final EIR; and Resolution No. P-06-40 Page 2 WHEREAS, the City Council acting as the CEQA Lead Agency, hereby finds that the Final EIR analyzes all potential environmental effects of the proposed Project, recommended mitigation measures, a reasonable range of project alternatives, and a Mitigation Monitoring and Reporting Program pursuant to CEQA for the implementation of the Project, and finds that the Final EIR is complete and adequate and fully complies with all requirements of CEQA; and WHEREAS, Section 21081 of the CEQA Statutes and Section 15091 through 15093 of the CEQA Guidelines requires that when a Final EIR identifies one or more significant effects of the project the decision-maker make written findings specified therein prior to the approval of the project; and WHEREAS, the City Council has read and considered the Final EIR and has considered other evidence presented at the public hearing concerning the Final EIR and the proposed Project application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as follows: Section 1: The City Council finds that the Final EIR reflects the independent judgment of the City Council and hereby certifies that the Final EIR document is complete and adequate for the proposed Project, and that said document fully complies with the CEQA Statutes, the CEQA Guidelines, and related local implementation procedures. The Final EIR consists of the revised Draft EIR, Mitigation Monitoring and Reporting Program, and responses to public comments received. The Final EIR is fully incorporated herein by this reference. Section 2: The City of Poway, as lead agency and decision-maker, having reviewed and considered the information contained in the Final EIR for the Project and the public record, finds that there are changes or alterations to the project which avoid or substantially lessen the identified significant environmental impacts; specifically, implementation of the mitigation measures as contained in the Final EIR and detailed within Exhibit A - Candidate CEQA Findings (Statement of Facts) and within Exhibit B - Mitigation Monitoring and Reporting Program attached hereto and fully incorporated herein by this reference. Section 3: The City Council hereby adopts, by this Resolution, the Findings required by CEQA Guidelines Sections 15091-15093 and said Findings are attached hereto as Exhibit A - Candidate CEQA Findings (Statement of Facts) and are fully incorporated herein by this reference. The City Council finds that all identified significant effects of the proposed Project that can be avoided or feasibly mitigated have been reduced to a level of less than significance with the imposition of recommended mitigation measures contained in the Final EIR and its Mitigation Monitoring and Reporting Program (MMRP). The City Council hereby adopts the MMRP contained in the Final EIR, and as attached hereto as Exhibit B, and said MMRP is fully incorporated herein by this reference. Resolution No. P-06-40 Page 3 Section 4: The City Council finds that the Final EIR has described and analyzed a reasonable range of alternatives to the Project. The City Council further finds that the alternatives to the Project have been rejected as infeasible, based on specific economic, social or other considerations as set forth in the Candidate CEQA Findings (Statement of Facts) attached hereto as Exhibit A and the Final EIR. Section 5: Upon certification of the Final EIR and approval of the Project, the City Clerk is hereby directed to file a Notice of Determination with the County Clerk of San Diego County and the Office of Planning and Research, and shall certify the adoption of this Resolution. The Director of Development Services is hereby directed to distribute the Final EIR in accordance with CEQA. Section 6: The required findings in compliance with Section 6.1.B of the Implementing Agreement/CESA MOU approved with the adopted Poway Subarea Habitat Conservation Plan/NCCP Plan (PSHCP) for the proposed map project are hereby made as follows: A. The mitigation is consistent with and furthers the implementing objectives of the HCP as development of the Liguori Ranch property was anticipated during preparation of the HCP. This allowed the proposed development to be situated in a manner so as to minimize habitat impacts and maximize the preservation of coastal sage scrub habitat and other sensitive habitats. To that end, the project has been designed to be entirely consistent with and furthering of the goals of the HCP Implementing Agreement and CESA MOU. B. The mitigation habitat is located in the Mitigation Area to enhance the long-term viability and function of the preserve system as the project has been designed so that the mitigation habitat is located in biologically viable areas, within the BCLA, and all mitigation acreage will enhance the City's preserve system. C. The mitigation will be to the long-term benefit of the Covered Species and their habitats as approximately 330 acres of native habitat will ultimately be preserved in perpetuity with a Biological Conservation Easement for the benefit of site wildlife, including species covered by the HCP. D. The mitigation will foster the incremental implementation of the HCP in an effective and efficient manner as the extensive areas of open space to be conserved will foster implementation of the HCP in a meaningful manner by placing approximately 162 acres within a Biological Conservation Easement for project related impacts and an additional approximately 167 acres in an Open Space Easement, for a total preservation area of approximately 330 acres. E. The mitigation will not result in a negative fiscal impact with regard to the successful implementation of the HCP as habitat designated as mitigation for project-related impacts will be dedicated to the City of Poway in fee title and/or placed within permanent public Biological Conservation Easements preserving Resolution No. P-06-40 Page 4 over 95 percent of the BCLA. In addition, the Wildlife Agency's approved a clarification of the BCLA line separating the development area from the preserve area resulted in a net increase of approximately one acre over the original BCLA configuration. Together, the Biological and Open Space Easements will significantly enhance resource values associated with this site without having any measurable fiscal impact on the HCP. F. Consultation with the Wildlife Agencies on the project, including early consultation as required pursuant to the HCP, has resulted in a project that is in compliance with the HCP and preserves local and regional wildlife corridors Section 7: The findings in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for Tentative Tract Map 02-01 ("Map") are made as follows: A. The Map is consistent with the General Plan in that the clustered subdivision of the project's 8 existing legal lots, consisting of 496 acres, into a total of 31 lots is consistent with the density limitation of the Rural Residential-A General Plan land use designation; the cluster subdivision design enables the preservation of large blocks of natural habitat areas in permanent open space. B. The site is physically suitable for the type of development proposed in that the project has been designed to comply with the density limitations of the General Plan, hillside development standards, the Poway Subarea Habitat Conservation Plan, and requirements of the Poway Municipal Code. C. The site is physically suitable for the density of the development proposed in that the lot sizes and configurations have been designed to make allowances for the steep topography of the site. D. The design of the Map is not likely to cause substantial environmental damage or avoidable injury to humans and wildlife or their habitat in that the project development would not cause unavoidable adverse conditions to humans and the project is in compliance with the Poway Subarea Habitat Conservation Plan. E. The Map is not likely to cause serious public health problems because City water, sewer, and drainage system improvements are required as a condition of approval. F. The design of the Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. G. The Map will not create any unmitigated adverse significant impacts on the environment. Resolution No. P-06-40 Page 5 Section 8: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the Map are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. On-site drainage improvements will be provided to accommodate surface water runoff. 2. New fire hydrants will be required to serve the new development and provide fire protection. 3. Water and sewer fees shall be paid, and on-site and off-site improvements made to provide water and sewer service to the development. 4. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. 5. A looped water line in Stage Coach Road will be constructed to serve the development. 6. A waterline easement will provide the opportunity in the future to extend pressurized City water to the northern end of Old Coach Way. 7. 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. 8. On-site drainage improvements will be constructed to handle the surface water runoff. Section 9: The City Council hereby approves Tentative Tract Map 02-01; a lot- averaged subdivision to permit a 31-lot subdivision of approximately 496 acres, consisting of 29 residential lots and two open space lots located at 15555 Stage Coach Road, in the Rural Residential A (RR-A) zone as shown on the Tentative Tract Map dated November 3, 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 process prior to issuance of Building Permits. Resolution No. P-06-40 Page 6 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 the 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 implementation of the Project, as specified on the Map, shall fully comply with the Project's certified Final EIR (State Clearing House Number 2004031101) and its adopted Mitigation Monitoring and Reporting Program (included as Exhibit B). E. The applicant/developer shall participate in the Heritage Reimbursement Agreement, referred to as "Reimbursement Agreement for Certain Public Improvements in Conjunction with Old Coach Golf Estates TIM 89-13R and Heritage Ranch Estates TTM 98-02", approved by the City Council on March 1, 2005. F. 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. G. Prior to recordation of the Final Map, unless other timing is indicated, the applicant/subdivider shall comply with the following conditions: (Engineering) 1. Within thirty days after City Council approval of the tentative map, the applicant shall submit in writing to the City that all conditions of approval have been read and understood. 2. Within thirty days after City Council approval of the tentative map, the subdivider shall make a reservation for a sewer Letter of Availability for 29 Equivalent Dwelling Units (EDU), and post with the City a non-refundable sewer connection fee that represents 20% of the sewer connection fee for the entire project in effect at the time the LOA is issued. 3. Within thirty days after City Council approval of the Final Map for each phase of the project, the applicant shall post with the City an additional sewer connection fee that represents 30% of the sewer connection fee for the respective phase in effect at the time the LOA is issued. Resolution No. P-06-40 Page 7 4. The balance of the sewer connection fee for each phase, representing 50% payment, shall be paid prior to Building Permit issuance, but no later than 36 months from recordation of the first Final Map, unless otherwise granted a time extension to complete the project. Reference is hereby made to City Ordinance No. 83, codified as Chapter 13.08 of the Poway Municipal Code as to time extensions and for other particulars. The 29 EDU's are for residential purposes only. Any sewer connection, other than residential use for the 31 lots in the subdivision, may be required to reserve and pay additional sewer EDU's prior to Building Permit issuance or prior to connection to the sewer line, whichever comes first. 5. Submittal of the Final Map to the City for review and approval, and payment of a map-checking fee. The Final Map shall conform to City standards and procedures, the City Subdivision Ordinance, the Subdivision Map Act, the Land Surveyors Act, the Resolution of Approval as approved by the City Council, and shall be in substantial conformance with the approved tentative map. Appropriate map review fees shall be paid at time of submittal. 6. The applicant/developer shall cause the dedication of the following to the City: All easements and fee title conveyance to the City of areas within the subdivision shall be made on the Final Map. All easements shall provide closure calculations to the City Engineer with the Final Map for review and approval. a. All private streets - Offer of dedication as a public street to be made by a certificate on the Final Map, but would be rejected by the City. b. General utility easement for sewer and water line purposes and access easement over all private streets. c. An exclusive easement, a minimum of 20.00 feet wide for each new public water line or new public sewer line located outside a publicly dedicated street right-of-way, shall be dedicated to the City. If water and sewer lines are installed parallel with each other, the combined width may be reduced to 30.00 feet wide. d. An easement, 30 feet in width, for future waterline purposes within Lot 30, as depicted on the Tentative Tract Map. e. Open Space Easements, the locations of which are shown on the Tentative Map. The Open Space Easement for Lot 30 shall exclude the 30-foot-wide easement for future waterline purposes. Resolution No. P-06-40 Page 8 f. Access and general utility easement(s). These easements are needed within private street rights-of-way where there is a public utility line and also, for access to the proposed water reservoir. Access easements shall include maintenance of utility lines and access roads. Dedication of these easements to the City shall include the right to assign those easements, in whole or in part, including the right to assign to telecommunication companies or public utility companies for the provision or expansion of such services. g. Emergency access road, a minimum of 20.00 feet wide, in Lot 21. h. Drainage easement(s). The easement, a minimum of 20.00 feet wide, is needed for drainage facilities to be maintained by the City. The City shall make a determination, during improvement plan and/or Final Map review, as to which drainage facilities are to be City-maintained. 7. The applicant/developer shall dedicate to the City on the Final Map, a separate lot, in fee title, for the proposed water reservoir. The size of the lot shall be to the satisfaction of the Directors of the Development Services and Public Works Departments. 8. Obtain City approval of grading and improvement plans, both public improvements and private street improvements. 9. All streets and slope easements shall be placed in a lettered lot. Biological Conservation Easements shall be exclusive or all other easements and brush maintenance areas. 10. A secondary emergency access roadway shall be required for this project. This access is necessary for emergency operations and/or evacuation. This secondary access shall be remote from the primary access and be a minimum of 20 feet of unobstructed width with asphalt surfacing per City Engineering standards. This access shall be a dedicated recorded easement. 11. Execute a Standard Agreement for the Construction of Public Improvements, posting of securities (performance, payment, warranty, and monumentation), and submittal of insurance certificates for liability and workmen's compensation coverage. 12. Record a Private Road Construction and Maintenance Agreement for the private roads within the subdivision. This agreement shall be reviewed and approved as to form and content by the City Attorney prior to Resolution No. P-06-40 Page 9 recordation. If there is an instrument for Covenants, Conditions, and Restrictions (CC&R), which addresses construction and maintenance of the private roads or accesses in the subdivision, said CC&R shall be reviewed and approved by the City prior to recordation. 13. Record a Maintenance Agreement for maintenance of the Best Management Practices devices as required by the Standard Urban Stormwater Mitigation Plan (SUSMP) ordinance. 14. SUSMP maintenance responsibilities shall be disclosed to potential buyers and recorded at the County of San Diego Recorder's Office at the applicant's expense. The form of disclosure shall be submitted with the Final Map, and shall be subject to the review and approval of the City prior to recordation of the Final Map. 15. Post a cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Final Map, for the photo mylar reproduction of the recorded map. If the applicant/developer provides the City with the photo mylar copy of the recorded Final Map within 3 months from recordation or prior to Building Permit issuance for the first parcel, whichever comes first, said cash deposit shall thereafter be refunded to the depositor. Otherwise, it shall be used by the City to pay for the reproduction of a photo mylar copy. 16. Post a monumentation bond in an amount acceptable to the City Engineer. 17. Submittal to the City of a copy of the recorded Private Road or Access Easements (off-site) to insure that there is adequate connection and road width per City standards. The adequacy of roadway widths shall be subject to the satisfaction of the City Engineer. 18. Cause the dedication of a General Utility Easement to the City for public water and sewer lines outside the limits of the subdivision, if needed, to serve the subdivision. The width of the easement shall be a minimum of 20.00 feet for each utility line. 19. Pursuant to Section 17.08.170(5)(d) of the Poway Municipal Code, none of the lots, including the open space lots, can be further divided and a covenant to that effect shall be recorded against the property in favor of the City and shall be noted on the Final Map. 20. Private streetlights shall be installed at all street intersections, cul-de-sacs, and at other locations to be determined by the City Engineer. The lighting system shall conform to City of poway standards. Cut-off luminaries shall be installed at the end of cul-de-sacs to provide true 90-degree cutoff and Resolution No. P-06-40 Page 10 prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. All fixtures shall use a clear, low- pressure sodium vapor light source. 21. 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. (Planning) 22. 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 21.88 acres of Coastal Sage Scrub (CSS), 15.8 acres of Coastal Sage - Chaparral Scrub, 106.75 acres of Non-native Grasslands, 1.58 acres of Southern Riparian Scrub, for an overall requirement of 162.64 acres. By separate document, the applicant shall dedicate a Biological Conservation Easement (BCE) over 162.64 acres of on-site CSS to serve as required mitigation of project related impacts to natural habitat resources. The mitigation BCE may occur within either Open Space Lots 30 or 31. The finallocation(s) of the mitigation BCE(s) is subject to the review and approval of the Director of Development Services. The remaining areas in Lots 30 and 31 shall be placed in an Open Space Easement. The BCE shall be approved by the Director of Development Services, and shall be notarized and recorded with the County of San Diego. All the easement documents shall be recorded prior to the issuance of an Administrative Clearing Permit, Grading Permit, or recordation of the Final Map, whichever occurs first. The City shall, after the acceptance of the easements, process a General Plan Amendment and Zone Change to change the land use and zoning designation of the area of the easements to Open Space-Resource Management (OS-RM). 23. The Biological Conservation Easement(s) and Open Space Easement(s) shall be shown on the Final Map. 24. Deed covenants shall be recorded on all lots to document individual property owner maintenance responsibilities with regard to fire fuel management, to the satisfaction of the City. 25. 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 permitting agencies regarding the blue line stream located on the site. The applicant shall Resolution No. P-06-40 Page 11 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 to the satisfaction of the Director of Development Services. 26. 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. 27. The applicant shall annex the subdivision into LMD 86-1A for maintenance of existing landscape improvements along Espola Road. 28. Fire hydrants shall be installed in the approximate locations shown on the Tentative Tract Map to the satisfaction of the City Fire Marshal. 29. 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/applicant 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. H. Prior to issuance of a Grading Permit, unless other timing is indicated, the applicant/subdivider shall comply with the following conditions: (Engineering) 1. A grading plan for the project shall be prepared on mylar at a scale of 1" = 20', and submitted to the Development Services Department - Engineering Division for review and approval. The grading plan shall be prepared by a State Licensed civil engineer. As a minimum, the grading and improvement plans shall show the following: a. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum of a five-foot setback from open space areas and property lines. Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to issuance of a Grading Permit. Resolution No. P-06-40 Page 12 b. Driveways, in compliance with the specifications provided in Section 17 .08.170D of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. c. A separate erosion control plan for prevention of sediment run-off during construction. d. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon any easement without an approved Encroachment Agreement/Permit. e. Location of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. f. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. g. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the subdivision and all surface water flowing onto the subdivision from adjacent lands. Said system shall include all easements required to properly handle the drainage. Concentrated flows across driveways are not permitted. 2. The grading plan shall demonstrate that the subdivision complies with the City's Standard Urban Stormwater Mitigation Plan (SUSMP) ordinance. 3. Documentation shall be submitted confirming that the existing facility systems (water, sewer, storm drain) that will be utilized are of adequate capacity to accommodate the proposed development. 4. Pad elevations shown on the grading plan shall not increase by more than two feet in height from the elevations shown on the approved tentative map, unless otherwise approved by the City Council. 5. The property owner shall file with the State Regional Water Quality Control Board a Notice of Intent (NOI) of coverage under the statewide General Permit that covers storm water discharges. Proof of filing of the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department - Engineering Division prior to Resolution No. P-06-40 Page 13 issuance of a Grading or Building Permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 6. The property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a de-silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a 10-year, 6-hour storm event; a material storage site; measures to protect construction material from being exposed to storm water control; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The engineer shall certify the SWPPP prior to issuance of the Grading Permit, and provide the City with two copies of the certified SWPPP. 7. Grading securities in the form of a performance bond and cash deposit, or a letter of credit shall be posted with the City. A minimum $2,000 cash security per lot is required. 8. The applicanUdeveloper shall pay the Grading Permit(s) plan checking, inspection, Right-of-Way Permit, and geotechnical review fees. The Grading Permit fees shall be paid at first submittal of grading plans. 9. Plans for the street improvements to serve the project shall be submitted to the City for review and approval. The submittal shall include appropriate fees for improvement plan check and inspection. The plans shall include the following: a. Street improvements are to comply with the criteria for non- dedicated rural street standards and specifications per Sections 12.20.110 and 12.20.120 of the Poway Municipal Code. b. Private streets are to be constructed as a 28-foot-wide, curb-to-curb roadway within a 40-foot right-of-way, and in substantial conformance with the improvements as depicted on the Tentative Map for the subdivision. Improvements shall include, but are not limited to, roadway paving, and construction of concrete curb and Resolution No. P-06-40 Page 14 gutter. The pavement structural section shall be based on a traffic index of 5.6. c. The street cul-de-sac shall be improved to a minimum roadway diameter of 76.00 feet curb-to-curb. An appropriate right-of-way shall be provided. d. The plans for each phase shall provide for pavement to be constructed in at least two lifts. The second lift shall be placed after all other subdivision improvement construction is completed and building construction is substantially complete, as determined by the City's Engineering Inspector. e. Private streetlights shall be installed at all street intersections, cul- de-sacs, and at other locations to be determined by the City Engineer. Streetlight standards and specifications shall be subject to approval by the City prior to improvement plan approval. f. The size of all existing and proposed mechanical and utility appurtenances, including, but not limited to, power and telephone equipment, vaults, meters and transformers, and sewer, water, and storm drain pump houses. g. The applicant/developer shall bear the full cost of designing and installing these improvements and is not entitled to any reimbursement from the City. 10. Plans for the public water and sewer lines shall be submitted to the City for review and approval. The submittal shall include appropriate fees for improvement plan check and inspection. The plans for these improvements may be included with the street improvement plans, and shall include the following: a. The size and location of the water lines, as established by a water system analysis prepared by an engineering firm designated and approved by the City. Fire hydrants - shall be installed at locations determined by the City Fire Marshal. b. Sewer main lines and appurtenances designed to City's standards and specifications. Separate sewer laterals shall be provided for each lot in the subdivision. c. The applicant/developer shall bear the full cost of designing and installing these improvements and is not entitled, to any reimbursement from the City. Resolution No. P-06-40 Page 15 11. Plans for the 500,000-gallon water reservoir and its appurtenances, as established by a water system analysis prepared by an engineering firm designated and approved by the City, shall be submitted to the City for review and approval. The reservoir and appurtenances shall be designed to the satisfaction of the City. The applicant/developer shall pay to the City, upon demand, the cost of the City's consultants' fee for review of the reservoir's design. 12. Prepare a landscape and irrigation plan that will adequately screen the water reservoir, subject to the Director of Development Services. 13. The applicant/developer shall bear the full cost of designing and installing these improvements, and is not entitled to any reimbursement from the City. 14. The applicant shall submit a request for and hold a pre-construction meeting with a City Engineering Inspector. The applicant 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. 15. Construction staking is to be inspected by the Engineering I nspector prior to any clearing, grubbing, or grading. As a minimum, all protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 16. Erosion control, including de-silting basins, shall be installed and maintained throughout construction of the project. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to ensure proper maintenance of all erosion control devices. 17. Non-supervised or non-engineered fill is not allowed. Rock disposal areas shall be graded in compliance with City approved soils recommendations and the approved grading plans. 18. 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. Resolution No. P-06-40 Page 16 (Planning) 19. The limits of approved habitat removal shall be clearly shown on the grading plan and staked in the field prior to commencing grading. 20. Prior to the removal of any trees the applicant shall prepare a tree removal plan. The plan should attempt to incorporate the existing mature trees into the project design. 21. 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. 22. 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 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 Resolution No. P-06-40 Page 17 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. 23. 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 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. 24. The applicant shall grant to the City of Poway, the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) a Biological Conservation Easement as shown in Figure 4.3-3, in the Final EIR as required by the Poway HCP/NCCP. The easement shall prohibit all of the following on any portion of the land subject to said easement: : grading; excavation; placement of soil, sand, rock, gravel, or other material; clearing of vegetation or addition of vegetation; erection or placement of any building or structure; vehicular activities; trash dumping; or use for any other purpose other than as natural open space. The easement shall be recorded on the Final Map and also be reflected on the Grant Deed/Title as each residential lot is sold by the subdivider (applicant). The easement shall include the following mitigation: a. Impacts to 21.88 acres of Diegan Coastal Sage Scrub will be mitigated at a 2:1 ratio. Because the project site supports native vegetation, which constitutes habitat for at least 26 sensitive species, the appropriate mitigation ratio as it applies to any impacted areas of upland habitats, including Diegan Coastal Sage Scrub, is 2: 1. Utilizing this ratio, the Project applicant will be required to preserve 43.76 acres of habitat. The Project applicant will meet this requirement by allocating 43.76 acres of the 310 acres of preserved Diegan Coastal Sage Scrub within the Biological Conservation Easement identified in Mitigation Measure 4.3-1 for mitigation purposes. b. Impacts up to 1.10 acres of Diegan Coastal Sage Scrub will be mitigated at a 2:1 ratio. Because the project site supports native vegetation, which constitutes habitat for at least 26 sensitive Resolution No. P-06-40 Page 18 species, the appropriate mitigation ratio as it applies to any impacted areas of upland habitats, including Diegan Coastal Sage Scrub, is 2:1. Utilizing this ratio, the City, or others that develop the water easement, will be required to preserve up to 2.20 acres of Diegan Coastal Sage Scrub either on-site or off-site. c. Impacts to 10.50 acres of Coastal Sage - Chaparral Scrub due to project improvements will be mitigated at a 2:1 ratio. Because the project site supports native vegetation, which constitutes habitat for at least twenty-six sensitive species, the appropriate mitigation ratio as it applies to any impacted areas of upland habitats, including Coastal Sage - Chaparral Scrub is 2:1. Utilizing this ratio, the project applicant will be required to preserve 21 acres of habitat. The Project applicant will meet this requirement by preserving 5.3 acres of Coastal Sage - Chaparral Scrub habitat on-site. The remaining 15.7 acres of this habitat will be mitigated through up- tiering via the preservation of 15.7 acres of Coastal Sage Scrub habitat within the Biological Conservation Easement identified in Mitigation Measure 4.3-1 of the Final EIR for mitigation purposes. d. Impacts to 95.50 acres of non-native grassland due to project improvements will be mitigated at a 1: 1 ratio. Using this ratio, the project applicant will be required to preserve 95.50 acres of non- native grassland. The Project applicant will meet this requirement by preserving 11.25 acres of non-native grassland on-site. The remaining 84.25 acres of this habitat will be mitigated through up- tiering via the preservation of 84.25 acres of Coastal Sage Scrub habitat within the Biological Conservation Easement identified in Mitigation Measure 4.3-1 of the Final EIR for mitigation purposes. 25. An easement for the protection of wetlands shall be granted to the Wildlife Agencies, as shown in Figure 4.3-5 of the Final EIR. This easement is for the protection of biological resources and prohibits all of the following on any portion of the land subject to said easement: grading; excavation; placement of soil, sand, rock, gravel, or other materials; clearing of vegetation; construction, erection, or placement of any building or structure; vehicular activities; trash dumping; or use for any purpose other than as open space. A second easement shall be granted to the Wildlife Agencies as shown in Figure 4.3-5 of the Final EIR, as a wetland buffer. This area shall allow entrance for construction of manufactured slopes for road and drainage improvements, as well as entrance for permanent on-going maintenance of roads and drainage facilities. 26. Prior to Grading or Clearing Permit issuance, the applicant shall obtain from the CDFG a Section 1602 Permit and the RWQCB/ACOE Section Resolution No. P-06-40 Page 19 401/404 Permit as a part of project review, as these agencies function in a permitting capacity in the event of wetland impacts and proposed alterations to streambeds. Alternatively, the applicant may provide written proof to the Director of Development Services that such permits, certifications, and/or agreements are not needed. 27. Indirect impacts to 0.06 acre of Southern Riparian Scrub shall be mitigated at a 3: 1 ratio. Using this ratio, the project applicant shall provide on-site for the preservation or enhancement of 0.18 acre of Southern Riparian Scrub. 28. Prior to Grading or Clearing Permit issuance, the applicant shall retain a City-approved civil engineer and a City-approved biologist to develop and implement, to the satisfaction of the Director of Development Services, an Erosion and Drainage Control Plan intended to entirely preclude chances for runoff, siltation, and/or erosion affecting the highly sensitive riparian areas, on-site and off-site. This plan shall define specific, improvement- related features, and establish a protocol for biological monitoring and reporting of all site grading, including mass grading for roads and individual lot grading pursuant to obtaining permits for lot development in the future. 29. No storage or fueling of construction equipment within 100 feet of the blue line stream on the project site will be allowed. 30. The limits of the open space areas will be marked by a qualified biologist, with experience in construction monitoring, and fenced, prior to grading to prevent inadvertent impacts to the open space areas. Fencing material shall be clearly visible to construction personnel and shall be maintained throughout grading and construction. 31. Permanent signage and fencing shall be placed along the open space boundary. The signage shall be placed prior to project occupancy. The signage will be installed at intervals of 100 feet. The signs must be corrosion resistant and a minimum size of 9 inches by 12 inches. The signage will be attached to posts at six feet in height from the ground surface. The sign must state the following: This is a Sensitive Natural Resource Protection Area PLEASE DO NOT DISTURB Removal of vegetation is a violation of law, and is punishable, under Section 16.56 of the Poway Municipal Code. Resolution No. P-06-40 Page 20 Evidence shall be submitted to the Director of Development Services that the permanent fencing and signs have been placed to protect all Open Space Easements. Evidence shall include photographs of a sign placed on a post, and a signed statement from a California Registered Engineer or licensed surveyor, that permanent signs have been placed on the Open Space Easement boundaries in accordance with the requirements of this condition. 32. All project retaining walls shall be shown on the grading plan. The wall heights shall be in compliance with the standards set forth in the Poway Municipal Code. 33. 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. 34. 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. 35. 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. 36. 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 ). 37. Fire hydrants shall be installed in the approximate locations shown on the Tentative Tract Map to the satisfaction of the City Fire Marshal. 38. Prior to issuance of an Administrative Clearing Permit, Grading Permit or recordation of the Final Map, whichever occurs first, the applicant shall obtain approval from the Director of Development Services Department and Fire Marshal of a Fire Fuel Management Plan prepared pursuant to the City of Poway Guide to Landscape Requirements. Fire Fuel Management Zones shall be shown on a non-title sheet of each Final Map with a note discussing the requirements and responsibility of property owners for the maintenance of these areas as required by the approved Fire Fuel Management Plan. The appropriate landscaping plan check fee Resolution No. P-06-40 Page 21 shall be submitted with the plans (the fee is based on the estimated cost of the improvements). 39. All outdoor lighting associated with the project shall be directed away from open space preserve areas. 40. With respect to cultural resources (DEIR, page 4.6-1), the project has the potential to impact undiscovered cultural resources. A mitigation measure has been proposed to reduce this impact to below a level of significance. a. Prior to the issuance of a Grading Permit, the project applicant shall contract with a certified archaeologist to monitor trenching, excavation, and grading activities. The monitor shall have recent experience in construction monitoring, and shall be on-site full time for all initial grading activities that disturb the upper soil layer. The monitor shall have the authority to halt and/or redirect work in the case of a cultural resource discovery. If cultural resources are discovered as a result of monitoring, then testing/evaluation will be required and, if necessary, data recovery will be conducted. Any materials collected will require curation at a qualified institution. At the end of the monitoring period, the archaeological monitor shall submit a letter report to the Director of Development Services detailing the duration and results of the monitoring. I. Compliance with the following conditions is required prior to issuance of Building Permits: (Engineering) 1. The Final Map for Tentative Tract Map 02-01 shall be recorded. If multiple maps are filed, the Final Map of the unit for which a Building Permit is sought, shall be recorded in the office of the San Diego County Recorder. 2. The project site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. Grading of the project shall be in substantial conformance with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Management and Discharge Control Ordinance, and Drainage and Watercourses Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 3. Rough grading of the lots is to be completed and meet the approval of the City Inspector and shall include submittal of the following: Resolution No. P-06-40 Page 22 a. A certification of line and grade for each lot, prepared by the engineer of work. b. A final soil compaction report for each lot for review and approval by the City. 4. The fire hydrants shall be installed at locations determined by the City Fire Marshal. Prior to delivery of combustible building materials, on-site water and sewer systems shall satisfactorily pass all required tests. 5. 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. 6. Payment of development fees to the City, unless other payee is indicated. The following fees are for each lot, and subject to change without further notice. The actual amounts to be paid shall be those in effect at the time of payment. Water per lot: Meter Expansion Fee Service Line SDCWA Capacity" SDCWA Water Treatment Capacity" :y.. inch $ 130 $3,710 $1,430 $4,154 $ 159 1 inch' $ 270 $6,678 $1,430 $6,646 $ 255 "To be paid by separate check, payable to the SDCWA. Sewer per lot: Connection fee = $1,678.00' Indirect Benefit fee = $ 500.00 Cleanout fee = $ 50.00 per c1eanout Cleanout inspection fee = $ 25.00 per c1eanout , Represents 50% payment, assuming that 20% payment was made at reservation of sewer LOA and 30% payment made within 30 days after map approval. Traffic mitigation fee per lot Drainage fee per lot Park fee per lot = = = $ 990.00 NA $2,720.00 (Planning) 7. The developer is advised that pursuant to Sections 17.26.100 through 17.26.300 of the Poway Municipal Code, single-family residential development shall provide that fifteen percent of the units created shall be Resolution No. P-06-40 Page 23 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 a fee to the City in accordance with the provisions of the referenced section. 8. Minor Development Review Applications, or a Development Review, shall be completed/obtained for each new house design, including, but not limited to, site plans and building elevations, incorporating all conditions of approval through the Planning Division. 9. The applicant shall provide to the City separate digital copies of the project Final Map, grading plans, improvement plans, and Biological Conservation Easements and Open Space Easements on a CD and in an AutoCad format subject to the approval of the City Engineer. 10. Prior to issuance of any Building Permit, the school fees in effect at the time shall be paid. (Fire) 11. The following shall be completed to the satisfaction of the Director of Safety Services: a. A water system analysis shall be required to verify water flows at each fire hydrant of 1500 gallons per minute at 20 P .S.1. residual pressure. The location and number of hydrants shall be approved by the Fire Marshal. b. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. c. Prior to delivery of combustible building materials on-site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. d. Dead-end fire apparatus access roadways in excess of 150 feet shall be provided with approved provisions for the turning around of emergency apparatus as follows: 20-foot minimum width and either a 70-foot diameter cul-de-sac or 72-foot hammerhead. Curves and topographical conditions could increase the requirements for turnarounds and the width of access ways. Exception: a 16-foot Resolution No. P-06-40 Page 24 private driveway is permissible when serving two or fewer dwelling units. e. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with an all- weather driving surface of not less than 16 feet of unobstructed width, with an adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum of 13'6" of vertical clearance. This access width is the minimum required for a driveway serving 2 or less single-family residential structures. Minimum emergency access for all other roadways shall be 20 feet of unobstructed width. These access widths are the minimum required for emergency access. In most cases, City Engineering standards will be more restrictive. The more restrictive standard shall apply. The City Engineer, pursuant to the Poway Municipal Code, shall approve the road surface type. f. Roof coverings shall be fire retardant as per UBC Sections 1503 and 1504, UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. g. Approved numbers or addresses measuring 4 to 6 inches in height shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background. Addresses shall be required at private driveway entrances. h. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. i. All lots shall be serviced with one-inch water meters and a one-inch lateral. j. All residences and adjacent structures shall be fire sprinklered. k. Gated entries, should they be approved by the City, shall operate to the satisfaction of the Safety Services Department. All gates electrically operated shall meet the current electrically operated access gate policy, including "Knox" key override switch and "opticom" traffic control detection. J. Compliance with the following conditions is required prior to issuance of a Certificate of Occupancy: Resolution No. P-06-40 Page 25 (Engineering) 1. Street, sewer, water, and reservoir improvements shall be constructed in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego supplements, and the current San Diego Regional Standard Drawings. 2. The final pavement surface shall be free of gouges, patches, diesel spills, or other defects to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy, prior to acknowledgement of completion, and prior to final acceptance of subdivision improvements. 3. Driveways, drainage facilities, slope landscaping and protection measures, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. The driveways shall be constructed in accordance with Poway Municipal Code, Section 17.08.170D, and its structural section shall be shown on the grading plan. 4. 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. 5. The applicant shall install the plants and irrigation system per the fire fuel management plan. 6. Record drawings for the grading plans, signed by the engineer of work, shall be submitted to Development Services prior to a request for 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. 7. Sounds originating from the water pump system must comply with the City's Noise Ordinance. Section 10: The approval of Tentative Tract Map 02-01 expires on Auqust 15. 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. Multiple final maps related to the approved TIM 02-01 may be filed pursuant to Section 66456.1 of the State Subdivision Map Act. Resolution No. P-06-40 Page 26 Section 11: 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 August 15, 2006. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 15th day of August 2006. ATTEST: 7;~~ 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-06-40 was duly adopted by the City Council at a meeting of said City Council held on the 15th day of August 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~~.~ City of Poway Resolution No. P-06-40 Page 27 EXHIBIT A CANDIDATE FINDINGS FOR THE LIGUORI RANCH ESTATES EIR The following findings are made relative to the conclusions of the Final Environmental Impact Report (EIR) for the Liguori Ranch Estates development project. The project is a proposed Tentative Tract Map (TIM) 02-01, known as the Liguori Ranch Estates Project (Project). The Project consists of an approximate 496-acre subdivision, which would be divided into 31 legal lots, comprising 29 single-family residential lots and two open space lots with dedicated Biological Conservation Easements. The applicant's existing single- family residence will be incorporated as Lot 22, consisting of 18.7 acres, into the proposed subdivision. The project also proposes a waterline easement, which would allow for the future development of a waterline connecting the project to a future water main in Old Coach Way. The easement will be approximately 2,400 feet in length and 20 feet wide. The project will construct approximately 787:t feet of the waterline within the proposed development area at this time. The remaining 1,616:1: feet of the waterline would be constructed by the City of Poway or other parties at a later date. The project includes grading and installation of necessary infrastructure to support the project, as well as a minor realignment of Stage Coach Road within the project boundary. Blasting may be required on portions of the construction site due to the granitic nature of the bedrock. Following the completion of grading and infrastructure improvements the applicant plans to sell 28 of the residential lots. The residential lots will range from approximately 4 acres to 10 acres in size, with the majority of the lots being approximately 4 to 5 acres in size. The project includes the installation of a 500,000-gallon water tank within Lot A in the northeastern portion of the project site. The tank would be located at approximately 1,600 feet above mean sea level (AMSL). The tank will have a dimension of 24 feet (height) by 60 feet (diameter), and will be painted a neutral color that will blend with the surrounding landscape. These findings are made pursuant to Section 21081 of the California Public Resources Code, and Section 15091 and 15092 of the Guidelines to the California Environmental Quality Act (CEQA). FINDINGS A. The City of Poway, as Lead Agency and decision maker, having reviewed and considered the information contained in the Final EIR for the Project and the public record, finds, pursuant to CEQA and CEQA State Guidelines, that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR with respect to the areas of: (1) biological resources; (2) cultural resources; (3) geology/soils; and (4) utilities and public services (cumulative impact). Resolution No. P-06-40 Page 28 Specifically, the City of Poway made the following findings with respect to the identified significant environmental effects of the Project: 1. With respect to biological resources (DEIR Section 3.1), mitigation measures have been identified which would reduce significant biological impacts to a level of less than significant: a. Prior to Grading Permit issuance, the applicant shall grant to the City of Poway, the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) a Biological Conservation Easement as shown in Figure 4.3-3, in the Final EIR as required by the Poway HCP/NCCP. The easement shall prohibit all of the following on any portion of the land subject to said easement: grading; excavation; placement of soil, sand, rock, gravel, or other material; clearing of vegetation or addition of vegetation, erection, or placement of any building or structure; vehicular activities; trash dumping; or use for any other purpose other than as natural open space. The easement shall be recorded on the Final Map and also reflected on the Grant DeedlTitle as each residential lot is sold by the subdivider (applicant). b. Impacts to 21.88 acres of Diegan Coastal Sage Scrub will be mitigated at a 2:1 ratio. Because the project site supports native vegetation, which constitutes habitat for at least 26 sensitive species, the appropriate mitigation ratio as it applies to any impacted areas of upland habitats, including Diegan Coastal Sage Scrub, is 2:1. Utilizing this ratio, the Project applicant will be required to preserve 43.76 acres of habitat. The Project applicant will meet this requirement by allocating 43.76 acres of the 310 acres of preserved Diegan Coastal Sage Scrub within the Biological Conservation Easement identified in Mitigation Measure 4.3-1 for mitigation purposes. c. Impacts up to 1.10 acres of Diegan Coastal Sage Scrub will be mitigated at a 2:1 ratio. Because the project site supports native vegetation, which constitutes habitat for at least twenty-six sensitive species, the appropriate mitigation ratio as it applies to any impacted areas of upland habitats, including Diegan Coastal Sage Scrub, is 2:1. Utilizing this ratio, the City, or others that develop the water easement, will be required to preserve up to 2.20 acres of Diegan Coastal Sage Scrub either on-site or off-site. d. Impacts to 10.50 acres of Coastal Sage - Chaparral Scrub due to project improvements will be mitigated at a 2:1 ratio. Because the project site supports native vegetation, which constitutes habitat for at least twenty-six sensitive species, the appropriate mitigation ratio as it applies to any impacted areas of upland habitats, including Coastal Resolution No. P-06-40 Page 29 Sage - Chaparral Scrub is 2:1. Utilizing this ratio, the project applicant will be required to preserve 21 acres of habitat. The Project applicant will meet this requirement by preserving 5.3 acres of Coastal Sage - Chaparral Scrub habitat on-site. The remaining 15.7 acres of this habitat will be mitigated through up-tiering 1 via the preservation of 15.7 acres of Coastal Sage Scrub habitat within the Biological Conservation Easement identified in Mitigation Measure 4.3-1 of the Final EIR for mitigation purposes. e. Impacts to 95.50 acres of non-native grassland due to project improvements will be mitigated at a 1:1 ratio. Using this ratio, the project applicant will be required to preserve 95.50 acres of non-native grassland. The Project applicant will meet this requirement by preserving 11.25 acres of non-native grassland on-site. The remaining 84.25 acres of this habitat will be mitigated through up-tiering via the preservation of 84.25 acres of Coastal Sage Scrub habitat within the Biological Conservation Easement identified in Mitigation Measure 4.3-1 of the Final EIR for mitigation purposes. f. Prior to Grading or Clearing Permit issuance, the applicant shall obtain from the CDFG a Section 1602 Permit and the RWQCB/ACOE Section 401/404 Permit as a part of project review, as these agencies function in a permitting capacity in the event of wetland impacts and proposed alterations to streambeds. Alternatively, the applicant may provide written proof to the Director of Development Services that such permits, certifications, and/or agreements are not needed. g. Prior to issuance of a Grading Permit, an easement for the protection of wetlands shall be granted to the Wildlife Agencies, as shown in Figure 4.3-5 of the Final EIR. This easement is for the protection of biological resources and prohibits all of the following on any portion of the and subject to said easement: grading; excavation; placement of soil, sand, rock, gravel, or other materials; clearing of vegetation; construction, erection, or placement of any building or structure; vehicular activities; trash dumping; or use for any purpose other than as open space. A second easement shall be granted to the Wildlife Agencies as shown in Figure 4.3-5 of the Final EIR, as a wetland buffer. This area shall allow entrance for construction of manufactured slopes for road and drainage improvements, as well as entrance for permanent on-going maintenance of roads and drainage facilities. 1 Up-tiering in this mitigation measure refers to the preservation of habitat that has a higher sensitivity, function, and/or quality. Resolution No. P-06-40 Page 30 h. Indirect impacts to 0.06 acre of Southern Riparian Scrub shall be mitigated at a 3:1 ratio. Using this ratio, the project applicant shall mitigate on-site for the preservation or enhancement of 0.18 acre of Southern Riparian Scrub. i. Prior to Grading or Clearing Permit issuance, the applicant shall retain a City-approved civil engineer and a City-approved biologist to develop and implement to the satisfaction of the Director of Development Services an Erosion and Drainage Control Plan intended to entirely preclude chances for runoff, siltation, and/or erosion affecting the highly sensitive riparian areas, on-site and off-site. This plan shall define specific, improvement-related features, and establish a protocol for biological monitoring and reporting of all site grading, including mass grading for roads and individual lot grading pursuant to obtaining permits for lot development in the future. j. The limits of the open space areas will be marked by a qualified biologist, with experience in construction monitoring, and fenced prior to grading to prevent inadvertent impacts to the open space areas. Fencing material shall be clearly visible to construction personnel and shall be maintained throughout grading and construction. k. No storage or fueling of construction equipment within 100 feet of the blue line stream on the project site will be allowed. I. Permanent signage and fencing shall be placed along the open space boundary. The signage shall be placed prior to project occupancy. The signage will be installed at intervals of 100 feet. The signs must be corrosion resistant and a minimum size of 9 inches by 12 inches. The signage will be attached to posts at six feet in height from the ground surface. The sign must state the following: This is a Sensitive Natural Resource Protection Area PLEASE DO NOT DISTURB Removal of vegetation is a violation of law and is punishable under Section 16.56 of the Poway Municipal Code. Evidence shall be submitted to the Director of Development Services that the permanent fencing and signs have been placed to protect all Open Space Easements. Evidence shall include photographs of a sign placed on a post, a signed statement from a California Registered Resolution No. P-06-40 Page 31 Engineer or licensed surveyor that permanent signs have been placed on the Open Space Easement boundaries in accordance with the requirements of this condition. m. Prior to 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. 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. 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. n. All outdoor lighting associated with the project shall be directed away from open space preserve areas. 2. With respect to cultural resources (DEIR, page 4.6-1), the project has the potential to impact undiscovered cultural resources. A mitigation measure has been proposed to reduce this impact to below a level of significance. a. Prior to the issuance of a Grading Permit, the Project applicant shall contract with a certified archaeologist to monitor trenching, excavation, and grading activities. The archaeologist shall have recent experience in construction monitoring, and shall be on-site full time for all initial grading activities that disturb the upper soil layer. The archaeologist shall have the authority to halt and/or redirect work in the case of a cultural resource discovery. If cultural resources are discovered as a result of monitoring, then testing/evaluation will be required and, if necessary, data recovery will be conducted. Any materials collected will require curation at a qualified institution. At the end of the Resolution No. P-06-40 Page 32 monitoring period, the archaeological monitor shall submit a letter report to the Director of Development Services detailing the duration and results of the monitoring. 3. With respect to geology/soils (DEIR, page 4.7-1) the site contains erodible soils, and construction of the project could result in significant erosion impacts at the project level. The following mitigation measures will reduce this impact to below a level of significance: a. If grading occurs during the rainy season, or if there is a 50 percent chance of rain, interim erosion protection measures will be required on the project site. Measures shall conform to the City of Poway's current Best Management Practices (BMPs) documents relative to storm water discharge and management. b. Prior to the issuance of a Grading or Clearing permit, the applicant shall retain a City-approved civil engineer to develop and implement an Erosion and Drainage Control Plan. The Plan shall be prepared to the satisfaction of the Director of Development Services. The Plan is intended to entirely preclude chances for runoff, siltation, and/or erosion. The creation of such a plan should be made a specific condition of project approval and Final Map recordation. 4. With respect to utilities and public services (schools) (DEIR, page 4.7-1), development of the project, along with other projects in the vicinity will have a cumulative impact on the Poway Unified School District. The following mitigation measures will reduce this cumulative impact to below a level of significance: a. Prior to issuance of any Building Permit, the school fees in effect at the time shall be paid. B. The City of Poway, as Lead Agency and decision maker, having reviewed and considered the information contained in the Final EIR for the Project and the public record, finds that there are changes or alterations to the Project which avoid or substantially lessen the significant environmental impacts, specifically, implementation of the mitigation measures detailed above. C. The City of Poway, as Lead Agency and decision maker, having reviewed and considered the information contained in the Final EIR for the project and the public record, finds that there are no specific economic, social, or other considerations which make infeasible the mitigation measures in the EIR. With regards to the project alternatives, several issues may render any part or all of each alternative infeasible for reasons included below: Resolution No. P-06-40 Page 33 1. Under the No Project Alternative, no development would occur, and the site would remain in its present state. Therefore, none of the project-specific environmental effects identified in this EIR would occur, including the significant project-level biological resource, cultural resources, and geology/soils impacts and the cumulative-level impact to schools. Although the No Project Alternative would avoid all significant adverse effects, it is considered infeasible because the project site is privately owned and designated for future development by the City's General Plan and would, therefore, be developed at some point in the future. This alternative is also unacceptable because it would fail to achieve most of the basic objectives of the project, such as providing for the unique market of custom home sites in northern Poway, nor would it provide a plan that will contribute significantly to the City of Poway open space or contribute to local, state, and federal conservation efforts by preserving large areas of important biological habitat in their natural state. 2. Under the Reduced Development Alternative, the Reduced Development Alternative would result in significant impacts in the same issue areas identified for the project, including biological resources, cultural resources, and geology/soils. However, this alternative would reduce the level of impacts with regard to biological resources. This alternative would reduce direct impacts to Diegan Coastal Sage Scrub and Coastal Sage - Chaparral Scrub compared to the project. Additionally, this alternative would increase the habitat within the biological Open Space Easements by approximately 28 acres, or 8 percent, compared to the project. It should be noted that this alternative would still require the extension of the road for secondary emergency access, and the placement of a water tank. This development would fragment the additional preserved habitat. Furthermore, the additional habitat preserved under this alternative would be of a lower quality and would not connect to off-site preserved habitat. This alternative meets the project objectives and reduces some of the biological resource impacts identified for the project; however, this alternative still results in significant biological resources impacts. Mitigation measures, similar to those identified for the Project, can reduce these impacts to below a level of significance. However, this alternative reduces the number of buildable lots by 20 percent, yet does not reduce the amount of overall infrastructure that would be required to support the entire project. Because of the limited reduction in the impact to biological resources (8%) and the loss of 20 percent of the lots, this alternative was rejected. 3. Under the Conventional Subdivision Alternative, the Conventional Subdivision Alternative would result in significant impacts in the same issue areas identified for the Project, including biological resources, cultural resources, and geology/soils. However, this alternative would increase the magnitude of impacts with regard to biological resources. Under this Resolution No. P-06-40 Page 34 alternative, habitat would be conserved within Biological Conservation Easements; however, the conservation areas would be fragmented and not as biologically valuable. Additionally, development under this alternative would remove portions of the habitat identified as BCLA in the Poway HCP. This would result in significant and unmitigated biology impacts. This alternative would increase the impacts with regard to aesthetics, resulting in significant and unmitigated aesthetic impacts. While this alternative meets the majority of the project objective, it results in greater impacts in two issue areas: biological resources and aesthetics. EXPLANATION OF THE DECISION NOT TO RE-CIRCULATE THE DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) The California Environmental Quality Act Guidelines, Section 15088.5(a) states that the City of Poway, as lead agency, is required to re-circulate a Draft EIR when significant new information is added to the Draft EIR after public review of the Draft EIR, but before certification. Significant new information can include changes in the project or environmental setting, as well as additional data or other information. New information added to a Draft EIR is not significant unless the Draft EIR is changed in a way that deprives the public from meaningful opportunity to comment upon a substantial adverse effect of the project, or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement. Significant new information requiring re-circulation includes, for example, a disclosure showing that: 1. A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. 2. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. 3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. 4. The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. The City of Poway provides the following discussion in support of the decision not to re-circulate the draft EIR pursuant to these criteria as noted in CEQA Guidelines Section 15088.5(e). Resolution No. P-06-40 Page 35 Background The Draft EIR for the Liguori Ranch Estates project was available for public review from February 14, 2006, through March 30, 2006. Public comments on the Draft EIR were received. Responses to those comments were prepared and have been included as part of the Final EIR for the project. Discussion No new significant information was received or added to the EIR after public notice was given of the availability of the EIR for public review. No new significant environmental impact would result from the project or from a new mitigation measure that was not previously considered in the EIR. The Draft EIR was adequate as prepared, with minor changes. These included clarification of acreages for the open space areas, and the modification and addition of mitigation measures based upon comments received from the San Diego Archaeological Society and the USFWS/CDFG. No additional environmental impacts were identified as a result of these changes. These changes represent clarifications or amplifications, or insignificant modifications to an otherwise adequate EIR. Conclusion An analysis of the changes in the Draft EIR, which have occurred since public notice was given of the availability of the Draft EIR, does not meet with the criteria for re-circulation of the Final Environmental Impact Report pursuant to CEQA Guidelines Section 15088.5. Given this fact, no re-circulation of the Final EIR is required. Resolution No. P-06-40 Page 36 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM PURPOSE OF THE MONITORING AND REPORTING PROGRAM The purpose of the Mitigation, Monitoring and Reporting Program (MMRP) is to ensure that the mitigation measures required by the Final Environmental Impact Report (EIR) for the Liguori Ranch Estates Tentative Tract Map (project) are properly implemented. This MMRP replaces Section 11 presented in the Draft EIR. The City will monitor the mitigation measures for construction and operation of the facility. The Mitigation Monitoring Checklist provides a mechanism for monitoring the mitigation measures in compliance with the EIR. General guidelines for the use and implementation of the monitoring program are described below. MITIGATION MONITORING CHECKLIST The Mitigation Monitoring Checklist (Table 1) is organized by categories of environmental impacts, (e.g.: biological resources, cultural resources). Potential impacts identified in the Final EIR are summarized for each impact area and the required mitigation measures are listed. The checklist identifies the implementation schedule, agency responsible for implementing the measure, monitoring mechanism, and required monitoring and reporting frequency. A description of these items is provided below. Schedule for Implementation The mitigation measures required for the project will be implemented at various times as construction proceeds and during the operation. Some measures must be implemented before or during construction activities, while others must be implemented prior to final occupancy of the homes. For each mitigation measure, the implementation schedule is identified as Pre-Construction, During Construction, and Post-Construction. Monitoring Agency The Monitoring Agency responsible for ensuring that the mitigation measures are properly implemented is identified for each mitigation measure. City departments charged with community development, resource management, infrastructure and public services are typically assigned monitoring responsibilities. If mitigation measures have been requested by an agency that has jurisdiction by law over some component of the environment, the City can request the agency to prepare a mitigation-monitoring program for those mitigation measures. Resolution No. P-06-40 Page 37 Monitoring Mechanism Subheadings within this column identify the location of approval conditions (e.g.: TTM). Verification columns are provided for use by City staff to ensure that measures are included on implementing maps and later installed on site. Compliance Monitoring and Reporting Subheadings within this column identify the frequency of required monitoring and reporting.