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.