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Res P-06-58 RESOLUTION NO. P-06-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING HILLSIDE/RIDGELlNE MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 06-19 ASSESSOR'S PARCEL NUMBERS 321-260-22 AND 27, AND 321-271-05 WHEREAS, Hillside/Ridgeline MDRA 06-19; submitted by George Ardizzone, Applicant, requests approval to construct a 6, 120-square-foot, single-story residence on a vacant 46-acre site located on the northeast corner of the intersection of Poway Grade and Espola Road, within the Rural Residential A zone. The applicant is also requesting approval to be allowed to impact dedicated, City-owned Open Space to accommodate project related improvements to Espola Road; and WHEREAS, on November 14, 2006, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for Minor Development Review Application 06-19. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), a Biological Report, dated July 21, 2006, was prepared by RC Biological Consulting and submitted for the project. It was reported that 5.47 acres of on-site Coastal Sage Scrub habitat would be impacted by the project and 0.22 acres of off-site Coastal Sage Scrub impacts to dedicated, City-owned Open Space located immediately west of the subject property would be impacted. The project is required to mitigate impacts to unencumbered habitat (non-dedicated) at a 2:1 ratio and is also required to mitigate impacts to approximately 0.22 acres of dedicated Open Space at a 4:1 replacement ratio. The project access driveway improvements will also result in a 0.03-acre impact to on-site ephemeral drainages, which require that the necessary approvals and permits be obtained from the California Department of Fish and Game, Army Corps of Engineers and Regional Water Quality Control Board. All habitat impacts will occur on property that is located inside of the Mitigation Area of the Poway HCP. In accordance Resolution No. P-06-58 Page 2 with the Poway HCP, the required findings for approval of the proposed mitigation for the removal of Coastal Sage Scrub for Minor Development Review Application 06-19 are as follows: A. The proposed project is inside of the Mitigation Area of the Poway HCP. The mitigation is consistent with and furthers the implementing objectives of the Poway HCP in that the applicant will mitigate impacts to 5.47-acres of on-site Coastal Sage Scrub at a 2:1 ratio and 0.22 acres of dedicated off-site Coastal Sage Scrub habitat at a 4:1 ratio. Said mitigation will be through on-site dedication of suitable Coastal Sage Scrub and the recordation of a Biological Conservation Easement Deed preserving comparable undisturbed and unencumbered habitat of equal or greater conservation value located within the HCP Mitigation Area. B. Preservation of such habitat within the Mitigation Area will contribute toward the building of the ultimate total Mitigation Area preserve system of the HCP. Therefore, such habitat preservation will serve to enhance the long-term viability and function of the preserve system. C. The habitat preserved through on-site dedication will be to the long-term benefit of the Poway Subarea HCP (PSHCP) covered species and their habitats in that the recordation of a Biological Conservation Easement Deed over undisturbed and unencumbered habitat (See "A" above) will promote a meaningful addition to the assembly of a viable regional system of uninterrupted natural habitat resources, habitat linkages, buffers, and wildlife corridor. D. The preserved habitat will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the preservation of off-site conservation area(s) will be within an identified Mitigation Area within the City, and contribute towards assembling the total Mitigation Area preserve system. E. The preserved habitat will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public biological conservation easement deeds. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code to approve Minor Development Review Application 06-19 as shown on plans dated September 5, 2006, on file with the Planning Division, are made as follows: A. That the approved project is consistent with the General Plan as it proposes the construction of a single-family residence and a tennis court on property that is designated for rural residential use. Therefore, the proposed use respects the interdependence of land values and aesthetics to the benefit of the City; and Resolution No. P-06-58 Page 3 B. That the approved project will not have an adverse effect on the aesthetics, health, safety, or architecturally related impact upon adjoining properties, as the residence and tennis court are consistent with surrounding residential development. Therefore, the proposed design, size, and scale of the proposed residence is compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources; and C. That the granting of the Minor Development Review Application would not be materially detrimental to the public health, safety, or welfare since the proposed use will complete improvements as deemed necessary; and D. That the approved development encourages the orderly and harmonious appearance of structures and property within the City as the neighboring properties consist of rural residential estate lots. Therefore, the proposed development respects the public concerns for the aesthetics of development; and E. That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan; and F. That the proposed development will comply with each of the applicable provisions of the Zoning Ordinance and the General Plan. Section 5: The City Council hereby approves Hillside/Ridgeline Minor Development Review Application 06-19 to allow the construction of a 6,120-square-foot, single-story residence, with an attached 3-car garage and an unlighted tennis court, on the vacant property (APN 321-260-22 and 27, and 321-271-05) located at the northeast corner of the intersection of Poway Grade and Espola Road, in the Rural Residential A zone as shown on plans dated September 5, 2006, subject to the following conditions: A. Approval of Minor Development Review Application 06-19 shall apply only to the subject project, and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. C. Future grading of the hillside portions of the subject lot, pursuant to the City of Poway Hillside/Ridgeline Review Map (Major Topographical Features - Figure 9 of the 1983 Poway Comprehensive Plan), shall be prohibited unless approved by the City Council. Resolution No. P-06-58 Page 4 D. Future development of a guest house will require administrative approval (MDRA approval required if the size of the unit exceeds 750 square feet) prior to Building Permit issuance provided that no additional grading is required. If additional grading is necessary, City Council approval will be required prior to issuance of Grading or Building Permits. E. Prior to issuance of a Grading Permit, the applicant shall comply with the following: 1. A grading plan for the development of the lot, prepared on a City of Poway standard mylar sheet at a scale of 1" = 20', shall be submitted, along with a Grading Permit application and the applicable fees, to the Development Services Department, Engineering Division for review and approval. A grading plan submittal checklist is available at the Engineering Division front counter. As a minimum, the grading plan shall show the following: a. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from open space areas and property lines. The house 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 the Grading Permit. b. Proposed driveway access in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, including the minimum structural section together with its elevations and grades. The driveway approach shall comply with the Regional Standard Drawings. c. A separate erosion prevention and sediment control plan for construction activities. This plan shall provide for an on-site de- silting basin with a volume based on 3,600 cubic feet per tributary acre drained. d. Locations of all utility improvements (existing and new), together with their easements. No encroachments are permitted upon any easement. e. All new slopes shall have a maximum 2 to 1 ratio (horizontal to vertical). f. Top and bottom elevations of all retaining walls. The maximum height of a retaining, freestanding wall or any combination thereof shall not exceed six (6) feet. g. Show required brush management zones. Resolution No. P-06-58 Page 5 2. 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 project site and all surface water flowing onto the project site from adjacent lands. Said system shall include all private easements required to properly handle the drainage. Large concentrated flows over the driveway and into the street shall be avoided. 3. 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. 4. The grading plans shall include the following items as listed in the Second Amended Alliance Title Report for the subject property: Item 6 of Schedule A Item 14 of Schedule B Item 16 of Schedule B 5. This project will disturb more than one acre; therefore, the project owner shall file with the State Regional Water Quality Control Board a Notice of Intent (NOI) for coverage under the statewide General Permit, which 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 issuance of the Grading Permit. Applications for the Notice of Intent 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. This project will disturb more than one acre; therefore, the applicant 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 ten-year, six-hour storm event; a material storage and handling site; measures to protect construction material from being exposed to storm runoff; protection of all storm drain inlets, on-site concrete truck wash and waste control; and other means of Best Management Practices (BMPs) to effectively eliminate pollutants Resolution No. P-06-58 Page 6 from entering the storm drain system, including a weather-triggered action plan. The engineer shall certify the SWPPP prior to issuance of the Grading Permit. 7. The grading plans shall include provisions for compliance with the City's Standard Urban Storm Water Mitigation Plan ordinance. Best Management Practices, as identified in the September 26, 2006, Water Quality Technical Report, shall be included with the grading plan. 8. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 9. In accordance with the water analysis completed for this project, improvement plans for the water main and fire hydrant, along with applicable plan check and inspection fees, shall be prepared by the applicant's project engineer and submitted to the Engineering Division for review and approval. 10. Espola Road shall be widened and improved in both substantial conformance with the September 5, 2006, exhibit prepared by the applicant, and the approval of the City Engineer. Improvements shall include the widening of Espola Road to accommodate left-turn and right- turn vehicular movements to and from the project site, an acceleration lane, and the associated traffic signing and striping. Plans for the construction of these improvements, along with applicable plan check and inspection fees, shall be prepared by the applicant's project engineer and submitted to the Engineering Division for review and approval. 11. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval. A minimum $2,000 cash security deposit is required. 12. A standard agreement shall be executed, and appropriate securities shall be posted for construction of all street improvements and water lines. 13. A leach field layout or seepage pit layout for the residence sewage disposal system shall be submitted to City of Poway Engineering Division for review and approval prior to obtaining a septic permit from the San Dieao Countv Health Deoartment. If the permit is obtained without a City approved layout, a copy shall be submitted prior to installation of the leach lines. The septic system, including the leach filed, shall be shown on the grading plan. 14. The applicant shall attend a pre-construction meeting, at which time they shall present an action plan that identifies measures to be implemented Resolution No. P-06-58 Page 7 during construction to address erosion, sediment, and pollutant control. Compliance for sediment control shall be provided using the following guidelines, as directed by the project inspector: a. Provision of an on-site de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Covering of all flat areas with approved mulch. c. Installation of an earthen or gravel bag berm that retains 3 inches of water over all disturbed areas prior to discharge, effectively creating a de-silting basin from the pad. 15. Construction staking is to be installed and inspected by the Engineering Inspector 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. All changes to the approved grading plans shall be performed by a California licensed Civil Engineer and submitted to the City for review and approval. A minimum fee of $150 per change shall be charged to the applicant. If the City Engineer determines the changes are minor, the changes shall be depicted when the "as-builts" are being created. A fee will not be charged for these minor changes. 17. The applicant shall provide recorded deeds showing the transfer of land as prescribed by Boundary Adjustment BA 06-01. 18. An Open Space Easement shall be recorded over 0.88 acres and dedicated to the City in fee title as mitigation and replacement of the 0.22 acres of impacted dedicated Open Space. 19. Pursuant to the requirements of the Poway Habitat Conservation Plan an Open Space Easement shall be recorded over the remainder of the undeveloped and unencumbered natural habitat portions of APN 321-260- 22 and 27 and 321-271-05 to insure preservation in perpetuity. 20. The applicant shall obtain the necessary permits and approvals from the California Department of Fish and Game, Army Corps of Engineers and the Regional Water Quality Control Board for impacts to on-site ephemeral drainages. Resolution No. P-06-58 Page 8 21. According to the habitat assessment and area calculations prepared by RC Biological Consulting, 5.47 acres of on-site Coastal Sage Scrub habitat will be impacted by the project and 0.22 acres of off-site Coastal Sage Scrub on dedicated City-owned Open Space, located immediately west of the subject property, will be impacted. The project is required to mitigate impacts to 5.47 acres of unencumbered habitat (non-dedicated) at a 2:1 ratio (10.94 acres) and is also required to mitigate impacts to approximately 0.22 acres of dedicated Open Space at a 4:1 replacement ratio (0.88 acres). The project access driveway improvements will also result in a 0.03-acre impact to on-site ephemeral drainages, which require that the necessary approvals and permits be obtained from the California Department of Fish and Game, Army Corps of Engineers and Regional Water Quality Control Board. Habitat mitigation shall be completed as follows: a. The subject property is located inside of the Poway Subarea Habitat Conservation Plan (PSHCP) Mitigation Area; therefore, mitigation requires on-site dedication of 11.82 acres (10.94 acres + 0.88 acres = 11.82 acres) of unencumbered CSS habitat of equal or greater conservation value. Said on-site dedication shall require the applicant to place a total of 11.82 acres of in-kind habitat in a Biological Conservation Easement. Said Conservation Easement shall be approved by the City Attorney and shall be notarized and recorded with the County of San Diego at the cost of the applicant. In compliance with the PSHCP, the City shall subsequently re-zone the mitigation land to Open Space-Resource Management to ensure its permanent preservation. b. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatchers' nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, grading during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS) are implemented. There is no guarantee that grading will be allowed to resume. i. If grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division Resolution No. P-06-58 Page 9 before issuance of a Clearing/Grading Permit, a letter from a qualified biologist, retained by the applicant, with a scope of work for a CSS habitat and Gnatcatcher survey and report for the area to be cleared and/or graded and CSS habitat areas within 500 feet of such area. 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 in CSS habitat 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 U.S. Fish and Wildlife Service (USFWS). ii. 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. iii. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatchers' nests are not present within the area to be graded/cleared or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the Gnat- catcher nesting season from February 15 through July 1. iv. If Gnatcatchers are present within the area to be graded/cleared or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time. c. The biologist must attend the City's pre-construction meeting for the project and must be present on-site during all clearing/grading activities to monitor that the clearing/grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat, on a daily basis, within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a Gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the Gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s). If grading is required to stop due to the presence of active nests, the applicant shall provide erosion control to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. Resolution No. P-06-58 Page 10 d. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. e. At a minimum, all protected areas, as shown on the grading plan, shall be staked by a licensed surveyor, and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing, or grubbing. 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. f. The biologist shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Resource Assessment. 22. Pursuant to the City of Poway Guide to Landscape Requirements, all manufactured slopes greater than a 5:1 slope and Fuel Management Zones shall have all landscaping and irrigation installed to the satisfaction of the Director of Development Services and the Fire Marshal. Manufactured slopes greater than 5:1 shall be planted with a combination of ground cover, shrubs, and trees (with ratios and sizes consistent with the guidelines), and shall be provided with an automatic irrigation system operational at the time of final inspection of the single family residence. A dense landscaping screen consisting of evergreen trees and shrubs shall be provided around the tennis court. A $525.00 plan check fee/deposit is required with the landscape plan submittal package. If construction of the single-family residence does not commence within 90 days of completion of the grading, all manufactured slopes greater than a 5:1 slope shall be hydroseeded. Prior to applying the hydroseed, the applicant shall submit a landscape plan showing the type of hydroseed mix and method of irrigation for approval by the Director of Development Services. 23. The project grading plan shall incorporate additional contour grading, particularly along the southerly and westerly building pad elevations so that the contours of the straight linear and angled manufactured slopes of the building pad will be more curvilinear and appear more natural, to blend and transition into the natural rounded contours of the hillside. Resolution No. P-06-58 Page 11 F. Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the applicant shall comply with the following, unless other timing is indicated: 1. The site shall be developed in accordance with the approved plans dated September 6, 2006, on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance. 3. Building Permit plans shall show the proposed colors, texture and type of the exterior building materials for the residence. 4. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway School District for additional information at (858) 679-2570. 5. The plans shall show all existing and new utilities placed underground. 6. Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500 (fee based on a 4,000-square-foot house). 7. The unlighted tennis court development shall comply with the following requirements: a. Tennis court fencing, retaining walls or any combination thereof cannot exceed a maximum height of 10 feet. Tennis court fencing exceeding 6 feet in height requires the approval of a Building Permit. b. The fencing and support posts shall be painted a dark non- reflective color so as to reduce their overall visibility. Vinyl-coated chain link fencing is acceptable. c. The surface area of the court shall be designed, painted, colored and lor textured to reduce reflection. d. Landscaping shall be installed between the fence and property line. Dense screening planting is required to be installed in the area adjacent to the outside of the court fencing to the satisfaction of the Director of Development Services. Resolution No. P-06-58 Page 12 8. Erosion control, including but not limited to de-silting basin(s), shall be installed and maintained by the developer throughout the duration of the project. 9. Rough grading is to be completed and meet the approval of the City Inspector and shall include submittal of the following: a. A certification of line and grade for the lot, prepared by the engineer of work. b. A final soil compaction report for review and approval by the City. 10. Prior to delivery of combustible building materials, the on-site water system shall satisfactorily pass all required tests. 11. Prior to start of any work within City-held easements or right-of-way, a Right-of Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 12. Payment of development fees shall be made to the City, unless other payee is indicated. The fees and the corresponding amounts are as follows and are subject to change without further notice. The amounts to be paid shall be those in effect at time of payment. Water: Meter Expansion Fee Service Line SDCWA System Capacity.. SDCWA Treatment Capacity.. 0/. inch $ 130 $3,710 $1,430 $4,154 $ 159 1 inch $ 270 $6,678. $1 ,430 $6,646 $ 255 .If a 1" meter is required due to fire sprinklers, 0/." fees will apply. ..To be paid by separate check to the SDCWA. Traffic mitigation fee = $ 990.00 Drainage fee = $1,570.00 = $2,720.00 Park fee G. The following improvements shall be constructed to the satisfaction of the Director of Safety Services: Resolution No. P-06-58 Page 13 1. Roof covering shall be fire retardant as per USC Sections 1503 and 1504, USC Standard 15-2, and City of poway Ordinance No. 64 and its amended Ordinance No. 526. 2. 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. Address shall be required at private driveway entrances. 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. 4. Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways with all-weather driving surface of not less that 16 feet of unobstructed width, with adequate roadway turning radius, capable of supporting the imposed loads of fire apparatus, and having a minimum of 13 feet 6 inches of vertical clearance. The City Engineer, pursuant to the City of Poway Municipal Code, shall approve the road surface type. 5. Dead end access roadways in excess of 150 feet long shall be provided with approved provisions for the turning around of Fire Department apparatus. Curves and topographical conditions could alter the requirements for turnarounds and the width of access ways. 6. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system(s) shall be provided as required and approved by the Section Chief. 7. A residential fire sprinkler system with a one-inch meter will be required. Plans shall be submitted to the Poway Fire Department, Division of Fire Prevention for approval prior to installation. (If a one-inch lateral off the street main is currently not present, one will have to be installed.) 8. If an electric powered gate across the access way to the residence is constructed, a Knox override key switch, ordered through the Poway Fire Department, shall be installed. 9. The applicant shall comply with the City of Poway Guide to Landscape Requirements as it relates to Fuel Management Zones. 10. A fire hydrant will be required capable of providing 1,500 gallons per minute with a minimum 20-PSI residual flowing pressure. Resolution No. P-06-58 Page 14 11. The driveway will require a turnout feature to allow for passage of two Fire Department vehicles, preferably near the midpoint of access entrance and the residence. 12. Adjacent roadway vegetation may be required, at the discretion of the City Fire Marshal, to be thinned in such a manner as to reduce fuel loads and maintain habitat integrity. H. The following improvements shall be constructed to the satisfaction of the Director of Public Works: 1. The existing trail grade on and adjacent to the intersection with the proposed access driveway should be graded to a slope near 2%, and shall be improved to the satisfaction of the Director of Public Works. 2. Dedicate a recreational trail easement over the existing trail improvements located on the portion of APN 321-200-46 located at the northeast corner of the intersection of Poway Grade and Espola Road. 3. Dedicate a 20-foot-wide recreational trail easement along the northerly property line, beginning at the northwest corner of the property and extending east approximately 1,900 feet, to the southeast corner of APN 321-260-26. Construction of the trail and/or improvements will be performed by the City. 4. Street lighting shall be added along Espola Road. I. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the following: 1. The property owner shall cause the dedication of an exclusive easement to the City of Poway consistent with the alignment of the proposed water main and fire hydrant, and any right-of-way required for the Espola Road improvements. The legal description, plat map, and applicable easement document review fees shall be submitted to the Engineering Division for review prior to recordation of the easement. 2. Private driveway improvements, water line improvements, Espola Road improvements, drainage facilities, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector. 3. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. Resolution No. P-06-58 Page 15 4. The applicant shall repair any and all damages to the streets caused by construction activity from this project, to the satisfaction of the City Engineer. 5. The applicant shall record a maintenance agreement for maintenance of the Best Management Practices devices as required by the Standard Urban Stormwater Mitigation Plan (SUSMP) ordinance. 6. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings for both the grading and water main improvements 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. All exposed slopes greater than 5:1 slope shall be planted and irrigated. Section 6: The approval of Hillside/Ridgeline Minor Development Review Application 06-19 shall expire on December 5, 2008, at 5:00 D.m., unless a Building Permit has been issued, and construction or use of the property in reliance on this permit has commenced prior to its expiration. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, this 5th day of December 2006. ATTEST: (J".~,~~ Resolution No. P-06-58 Page 16 COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-06-58 duly adopted by the City Council at a meeting of said City Council held on the 5th day of December 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~rl~ City of poway Topic Biology Resolution No. P-06-58 Page 17 EXHIBIT A MITIGATION MONITORING PROGRAM FOR MORA 06.19 Mitioation Measure 1. Pursuant to the Poway HCP, impacted unencumbered Coastal Sage Scrub habitat must be mitigated at a minimum 2:1 ratio and project impacts to dedicated Open Space must be mitigated at a 4:1 replacement ratio. Mitigation is required as follows: Coastal Sage Scrub: 5.47 acres of impacted habitat must be mitigated at a 2:1 ratio with 10.94 acres of unencumbered comparable quality on-site Coastal Sage Scrub; and 0.22 acres of impacted dedicated Coastal Sage Scrub habitat must be mitigated at a 4:1 ratio with 0.88 of unencumbered comparable quality on-site Coastal Sage Scrub. The total required amount of dedicated habitat is 11.82 acres. The subject property is located inside of the Poway HCP Mitigation Area; therefore, on-site dedication of 11.82 acres of Coastal Sage Scrub habitat, of equal or greater conservation value, is required. Said dedication shall require the applicant to place 11.82 acres of in-kind habitat in a Biological Conservation Easement Deed. A legal description and plat of the Biological Conservation Easement area shall be prepared and stamped by the project engineer and submitted to the Planning Division for review. The Biological Conservation Easement Deed shall be approved by the City Attorney, and shall be notarized and recorded with the County of San Diego at the cost of the applicant. In compliance with the PSHCP, the City shall subsequently re-zone the mitigation land to Open Space-Resource Management to insure its permanent preservation. Timino 1. Prior to Grading Permit or Administrative Clearing Permit Responsibility 1. Applicant 6/01 Resolution No. P-06-58 Page 18 2. Pursuant to the Poway HCP, an open space 2. Prior to 2. Applicant easement shall be dedicated over the remaining Grading Permit undeveloped and unencumbered habitat on or Administrative Assessor Parcel Numbers 321-280-27,321-280- Clearing Permit 22 and 321-271-05. 3. In accordance with Condition H of the Poway 3. Prior to 3. Applicant HCP Incidental Take Permit, a take of active Grading Permit California Gnatcatcher nests, which includes or Administrative harassment of the bird due to grading noise and Clearing Permit vibrations from February 15 through July 1, is not permitted. Therefore, grading during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures, to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS,) are implemented. There is no guarantee that grading will be allowed to resume. 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 a CSS habitat and Gnatcatcher Survey, and a report for the area to be cleared and/or graded and CSS habitat areas within 500-feet of such area. 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 in CSS habitat 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 U.S. Fish and Wildlife Service (USFWS). 6/01 b. 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. c. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatcher nests are not present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the Gnatcatcher nest-ing season from February 15 through July 1. d. If Gnatcatchers are present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time. e. The biologist must attend the City's pre- construction meeting for the project and must be present on-site during all clearing/grading activities to monitor that the clearing/grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat, on a daily basis, within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a Gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the Gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s). If grading is required to stop due to the presence of active nests, the applicant shall be required to provide erosion control to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. Resolution No. P-06-58 Page 19 6/01 f. At a minimum, all protected areas, as shown on the grading plan, shall be staked by a licensed surveyor, and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing or grubbing. 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. vii. The biologist shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Resource Assessment. Resolution No. P-06-58 Page 20 4. Prior to 4. Applicant 4. The applicant shall obtain the required Grading Permit approvals and permits from the California or Administrative Department of Fish and Game, Army Corps of Clearing Permit Engineers and the California Regional Quality Control Board for project impacts to ephemeral drainages. 5. Upon 5. Applicant 5. Upon completion of the clearing/grading completion of activities, the applicant's biologist shall submit to the clearing/ the Director of Development Services a grading activities biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area 6/01