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Res P-07-04 RESOLUTION NO. P-07-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP (TIM) 06-04 ASSESSOR'S PARCEL NUMBERS: 321-030-31 and 32 WHEREAS, Don Mechling has submitted a request for approval of a 10-lot subdivision of 22 acres, comprised of two legal lots located at 14633 and 14635 High Valley Road, into lots ranging in size from 2.0 to 2.7 acres, in the Rural Residential B2 zone; and WHEREAS, on February 20,2007, the City Council held a public hearing on the above-referenced item; and WHEREAS, the City Council has read and considered the Agenda Report for the proposed project and has considered other evidence presented at the Public Hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for Tentative Tract Map 06-04. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (poway HCP), a biological report for the proposed project by RC Biological Consultants (dated October 16, 2006) was submitted for the property. Project development will permanently impact approximately 14 acres of Coastal Sage Scrub, (CSS) habitat on-site, outside of the Mitigation Area of the HCP. In accordance with the Poway HCP, the required findings for approval of the proposed mitigation for the removal of habitat for Tentative Tract Map 06-04 are as follows: A. The proposed project is outside of the Mitigation Area of the Poway HCP. Per the HCP, habitat impact mitigation is required at the rate of 2:1 for CSS. Accordingly, approximately 28 acres is required mitigation for CSS. The mitigation requirement will be satisfied by either purchase of similar habitat within the Mitigation Area, or by payment of an In-Lieu Fee. Therefore, the mitigation is consistent with and furthers the implementing objectives of the Poway HCP. Resolution No. P-07-04 Page 2 B. Preservation of such habitat within the Mitigation Area, and/or payment of In-Lieu Fees will contribute toward the building of the ultimate total Mitigation Area preserve system of the HCP. Therefore, such habitat preservation and/or payment of In-Lieu Fees will serve to enhance the long-term viability and function of the preserve system. C. The habitat preserved through off-site dedication or purchased by mitigation In-Lieu Fees will be to the long-term benefit of the Poway Subarea Habitat Conservation Plan (PSHCP) covered species and their habitats in that the recordation of a Biological Conservation Easement Deed over undisturbed and unencumbered habitat (see "A" above) and/or the payment of In-Lieu Fees will promote a meaningful addition to the assembly of a viable regional system of uninterrupted natural habitat resources, habitat linkages, buffers, and wildlife corridors. D. The preserved habitat will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the preservation of off-site conservation area(s) will be within an identified Mitigation Area within the City, and/or the payment of In-Lieu Fees will contribute likewise towards assembling the total Mitigation Area preserve system. E. The preserved habitat will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public Biological Conservation Easement Deeds, or In-Lieu Fees will be paid. Section 3: The findings in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for the revisions to Tentative Tract Map 03-02R, are made as follows: A. The Tentative Tract Map is consistent with the General Plan in that it proposes to create 10 residential parcels, ranging in size from 2 to 2.7 acres, which comply with the density limits and minimum lot size standards contained in the General Plan and Poway Municipal Code. B. The design and improvements required of the Tentative Tract Map are consistent with the General Plan in that road and water line improvements comply with City design standards. C. The site is physically suitable for the type of development and the density proposed in that the proposed subdivision complies with the density limitations and minimum lot size standards of the General Plan and Poway Municipal Code. Resolution No. P-07 -04 Page 3 D. The design of the Tentative Tract Map is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat in that the anticipated impacts to biological resources will be mitigated to a level of insignificance. E. The Tentative Tract Map is not likely to cause serious public health problems as City water service, in a looped system, will be provided to the site by the developer and the project's septic system will be designed to comply with City and/or County of San Diego Department of Environmental Health standards. F. The design of the Tentative Tract Map will not conflict with any easement by the public at large, now of record, for access through or use of the property within the proposed subdivision. Section 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. Roadway improvements on-site from High Valley Road will be constructed. 2. A water line from the existing line in High Valley Road will be constructed to serve the development. 3. On-site drainage improvements will be constructed to handle the surface water runoff. 4. A fire hydrant(s) will be constructed to serve the development and provide fire protection. 5. Water fees will be paid. Improvements will be made to provide water service to the development. Section 5: The City Council hereby approves TTM 06-04, consisting of 10 residential lots ranging in size from 2 to 2.7 acres, as shown on the Tentative Tract Map dated October 16, 2006, subject to the conditions below: A. 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. Resolution No. P-07-04 Page 4 B. 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. C. This approval is based on the existing site conditions represented on the Tentative Tract Map. If actual conditions vary from representations, the approved map must be changed to reflect the actual conditions. Any substantial changes to the approved Tentative Tract Map, prior to Final Map approval, must be approved by the Director of Development Services and may require approval of the City Council. D. This approval is not inclusive of the design of the proposed single-family homes. Separate approval of the home design and footprint shall be applied for through the Development Review/Minor Development Review Application process prior to issuance of Building Permits. E. The developer is required to comply with the Poway Noise Ordinance that governs construction activity and noise levels. F. Prior to recordation of the Final Map, unless other timing is indicated, the applicant/subdivider shall comply with the following conditions: (Engineering) 1. Prior to approval of the Final Map the applicant shall provide document(s) that the Department of Environmental Health for the County of San Diego has issued final approval of the project's septic disposal systems. 2. Submit a Final Map to the City for review and approval. The Final Map shall conform to City standards and procedures, the City Subdivision Ordinance, the Subdivision Map Act, the Land Surveyors Act, the Resolution as approved by the City Council, and shall be in substantial conformance with the approved TIM. Appropriate map review fees shall be paid at the time of submittal. 3. Post a cash deposit with the City, an amount equivalent to $100.00 per sheet of the tract map, for the photo mylar reproduction of the recorded tract map. If the applicant provides the City with the photo mylar copy of the recorded map within three months from recordation or prior to Building Permit issuance for any 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. 4. Easements shall be provided for all existing and proposed utilities, emergency vehicular accesses, and drainage facilities located on private property. Easements and/or right-of-way dedications to the City within the Resolution No. P-07 -04 Page 5 limits of the subdivision shall be made on the final tract map. Water mains and their appurtenances to be installed at locations other than within public streets shall have an exclusive easement, a minimum of 20 feet wide for each line, dedicated to the City. The applicant shall create easement(s) in favor of the City for the private street to have vehicle access, utility access and emergency access. 5. Plot Item 4 (easement) on the map as stated in Schedule B of the Chicago Title Insurance Company Policy #48033245-P07 dated January 28, 2005. 6. Closure calculations for all easements, except Public Utility Easements (PUE) adjacent and parallel to the streets, shall be submitted to the City Engineer with the Tract Map for review and approval. 7. Improvement plans shall be submitted to the City Engineer for review and approval prior to approval of the Final Map. The improvement plans shall include the following: a. The private street within the subdivision shall be improved and completed to Poway Municipal Code, Section 12.20.080, standards for nondedicated roads, including curb, gutter, and paving. b. Adequate site distances shall be provided at street intersections and driveways. Landscaping, signs, embankments, utility appurtenances, or any other object shall not obstruct site distances. c. Identification of streets as public or private. d. Existing and proposed easements, including, but not limited to, non-access easements. e. The full width of all new and existing street rights-of-way, and shall designate their respective centerlines, lane limits, and traffic signage and striping. Existing and proposed traffic controls shall be distinguished on the improvement plans. The applicant shall create easement(s) in favor of the City for the private street (Lot A) to have vehicle access, utility access and emergency access. f. Removal and replacement of existing curb returns that meet current applicable federal and state access requirements. g. The improvement plans shall provide for the installation of "No Parking Fire Lane" signs along the private street to the approval of the City Engineer. The improvement plans shall identify proposed locations of on-street parking for City review and approval. Resolution No. P-07-04 Page 6 h. All existing poles carrying above ground utilities located on-site and in the adjoining rights-of-way shall be shown on the improvement plan. All existing poles carrying above ground utilities on-site shall be removed and utility lines placed underground. The pole at the northeast corner of the site which does not carry overhead lines but is an anchor pole for the pole across High Valley Road is not required to be removed. Work on utility poles and undergrounding of utilities shall be coordinated and approved by SDG&E and other applicable utility companies. This condition of approval shall be met to the satisfaction of the Director of Development Services. i. The improvement plan shall indicate the locations of the project's fire hydrants as required by the Fire Marshall 8. Final pavement structural sections shall be based on established Traffic Indexes and R-Values obtained within the graded roadways of the site. The applicant shall submit to the City Engineer the geotechnical engineer's pavement design recommendations with the road improvement plans. 9. The improvement plans shall provide for construction of street paving in at least two lifts. The final lift shall be placed after all other subdivision improvement construction is completed and building construction is substantially complete, as determined by the City's project inspector. 10. In accordance with the water systems analysis completed for this project, improvement plans for the water system, accompanied by appropriate plan check and inspection fees, shall be submitted for review to the Engineering Division. The plans for these improvements may be included with the street improvement plans. 11. A standard agreement shall be executed, and appropriate securities shall be posted, for construction of all street improvements, water lines, drainage, and lot monumentation. 12. A maintenance mechanism(s) shall be submitted and approved by the City Engineer for all subdivision improvements requiring maintenance, including maintenance of the Best Management Practices devices as required by the Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance. If a maintenance assessment district is created for such a purpose, the applicant shall be provided with the option to annex the subdivision into it. Resolution No. P-07-04 Page 7 13. The owner shall execute a private road construction and maintenance agreement, in a form satisfactory to the City Attorney. Said agreement is to comply with Ordinance No. 280, Poway Municipal Code Section 12.20.060. The applicant shall provide to the City the necessary legal descriptions and plat maps for this agreement. G. Prior to Grading Permit issuance, the applicant shall complete the following, to the satisfaction of the Director of Development Services: 1. A grading plan shall be prepared on mylar at a scale of 1" = 20', and submitted to the Development Services Department - Engineering Division for review and approval. As a minimum, the grading plan 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 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. b. Driveways, in compliance with the specifications provided in Section 17.08.1700 of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. c. All utilities (proposed and existing, including those existing overhead utility lines which are required to be undergrounded to the satisfaction of the Director of Development Services), together with their appurtenances and associated easements. Encroachments are not permitted upon any public easement without an approved Encroachment Agreement/Permit. d. Documentation shall be submitted confirming that existing facility systems (water, storm drain) that will be utilized are of adequate capacity to accommodate the proposed development. e. Utilities to be abandoned shall be removed, filled with suitable material and/or capped to the approval of the applicable utility agency and to the approval of the City Engineer. f. Provision for the installation of all drainage facilities to take place at the beginning of construction and be completed prior to issuance of a Building Permit. Resolution No. P-07-04 Page 8 g. Note the agency(s) having jurisdiction of the watercourse and flood control. h. Indication of grades of surrounding properties sufficient enough to determine the effects of improvements on surrounding properties. i. 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. 2. 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. 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. An independent geotechnical engineer, who is retained by the City at the applicant's expense, shall review the project geotechnical studies. Prior to approval of improvement plans, drainage design, retaining walls and grading plans, and prior to issuance of a Grading Permit, the subdivision improvement design shall conform to the recommendations of the applicant's geotechnical engineer, as well as the independent geotechnical review, as determined by the City Engineer. 5. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan, and clearly demonstrate that the post- development flow rate is equal to or less than the pre-development flow rate. 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. The drainage from each parcel shall not encroach on each other or neighboring properties unless a City Engineer- approved drainage system is designed. 6. The grading plans shall demonstrate the subdivision complies with the City's Standard Urban Stormwater Mitigation (SUSMP) Plan Ordinance, including both treatment and detention. 7. 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 Resolution No. P-07-04 Page 9 an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department - Engineering Division prior to 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 8. 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 (BMP's) to effectively eliminate pollutants from entering the storm drain system. The engineer shall certify the SWPPP prior to issuance of the Grading Permit. 9. The grading plans shall provide for stenciling on curb inlets to prohibit dumping of pollutants. The stencil shall be noted in the improvement plans and shall be subject to the review and approval of the City Engineer prior to issuance of a Grading Permit. 10. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. The driveway construction costs shall be included in the cost estimates for plan checking and determination of inspection fees. 11. Grading securities, in the form of a performance bond and cash deposit, or a letter of credit shall be approved and posted with the City. 12. The applicant shall attend a pre-construction meeting, at which time they shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for sediment control shall be provided using the following: a. Provision of an on-site de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Cover of all flat areas with approved mulch. Resolution No. P-07 -04 Page 10 c. Installation of an earthen or gravel bag berm that retains three inches of water over all disturbed areas prior to discharge, effectively creating a de-silting basin from the pad. 13. Construction staking is to be 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. 14. Erosion control, including, but not limited to, de-silting basins, shall be installed and maintained throughout the 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 shall make provisions to ensure proper maintenance of all erosion control devices. 15. 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. 16. A Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in a public street rights-of-way or City-held easements. 17. 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. 18. If construction of residences does not commence within 90 days of completion of grading, all manufactured slopes steeper that 5:1 shall be hydroseeded and irrigated to the satisfaction of the Director of Development Services. 19. Fire hydrants, undergrounding of new and existing overhead utilities, road improvements, and drainage improvements shall be installed to the satisfaction of the City prior to certification of project grading. (Planning) 20. Retaining walls shall be constructed with decorative block and a note shall be placed on the plan accordingly. Submit a sample of the block for Resolution No. P-07 -04 Page 11 approval. 21. Prior to the issuance of a Grading or an Administrative Clearing Permit, the applicant shall pay a Habitat Impact In-Lieu Fee, or shall purchase and preserve viable habitat under a Biological Conservation Easement within the Mitigation Area, for 14.03 acres of Coastal Sage Scrub impact at a ratio of 2:1 (28.06 acres total mitigation required). The fee may be reduced, should the applicant demonstrate that the amount of habitat impact has been reduced. 22. The limits of approved habitat removal shall be clearly shown on the grading plan and staked in the field prior to commencing grading. 23. Prior to the issuance of a Grading Permit or Administrative Clearing Permit, or approval of the Final Map, whichever occurs first, the applicant shall consult with the appropriate State and Federal permitting agencies regarding ephemeral drainages located on the site. The applicant shall submit documentation of the project's compliance with the permitting agencies requirements to the City, and shall incorporate any permitting agency requirements into the project plans to the satisfaction of the Director of Development Services. 24. Prior to the removal of any tree within the Eucalyptus Woodland on-site, during the recognized nesting season for raptors, a qualified professional shall evaluate the subject tree(s) for a raptor nest and report the findings in writing to the City. Should a nest or nests be located in the tree, removal shall be delayed until such time the nest or nests have been abandoned. 25. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, any grading or clearing during this timeframe will only be permitted subject to the following conditions having been met to the satisfaction of the Director. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures to the satisfaction of the City and the United States fish and Wildlife Service (USFWS) are implemented. There is no guarantee that grading will be allowed to resume. 26. 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 Resolution No. P-07-04 Page 12 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. 27. If during grading of the site, archeological resources or human remains are discovered, all work shall be stopped immediately and the applicant shall contact the City. The applicant shall be responsible for obtaining the services of a qualified professional to assess the discovery and for the preparation of an action plan to handle the discovery in full compliance with all State and federal laws E. Prior to issuance of a Building Permit for each parcel, the applicant shall comply with the following: (Engineering) 1. An engineered site plan shall be submitted with the Building Permit application, and shall be subject to the review and approval of the City Engineer, prior to the issuance of a Building Permit. 2. The 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 lots 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. 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-07 -04 Page 13 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. Prior to delivery of combustible building materials, on-site water and sewer systems shall satisfactorily pass all required tests. 5. The Final Map shall be recorded in the office of the San Diego County Recorder, and a mylar copy of the recorded map shall be provided to the City. 6. A copy of an approved leach field layout or seepage pit layout shall be provided to the City's Engineering division. 7. Payment of development fees 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: % inch 1 inch Meter $ 130 $ 270 Expansion Fee $3,710 $6,678* Service Line $1,430 $1,430 SDCWA Capacity** $4,154 $6,646 SDCWA Water Treatment Capacity** $ 159 $ 255 *If a 1" meter is required due to fire sprinklers, then %" City Expansion fee will apply **To be paid by separate check, payable to the SDCWA. Drainage fee = 8 parcels @ $660.00/parcel = $5,280.00 = 8 parcels @ $1 ,570/parcel = $12,560.00 = 8 parcels @ $2,720.00/parcel =$21,760.00 Traffic mitigation fee Park fee 8. The subject property was assigned six assessment units in the Integrated Financing District 96-1, adopted April 23, 1996. Since this subdivision would create 10 parcels, the developer shall pay a contingent assessment for four additional units prior to issuance of the first Building Permit. These four additional units shall be assessed $1,761.00 per unit, plus a 3% interest charge accrued from January 1, 1997. Resolution No. P-07-04 Page 14 9. All new and existing electrical/communication/CATV utilities shall be installed underground prior to certification of site grading. 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. (Planning) 10. Minor Development Review Applications, or a Development Review, shall be approved for each new house design, including, but not limited to, site plans and building elevations, incorporating all conditions of approval, through the Planning Division. All conditions of approval that will be established through the DR or MDRA approval process shall be complied with. 11. Prior to issuance of any Building Permit, the school fees in effect at the time shall be paid. 12. The developer is advised that, pursuant to PMC 17.26.100 through 17.26.300, single-family residential development shall provide that fifteen percent of the units created shall be affordable to low-income households. The developer of for-sale housing may, in lieu of providing required inclusionary housing on-site or off-site, pay a fee to the City in accordance with the provisions of the referenced Section. F. Compliance with the following conditions is required prior to issuance of a Certificate of Occupancy: (Engineering) 1. Driveways, drainage facilities, slope landscaping and protection measures, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. The driveway shall be constructed in accordance with Poway Municipal Code, Section 17.08.170D, and its structural section shall be shown on the grading plan. 2. 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. 3. Trenches cut through the pavement of public streets shall be fully repaired to the satisfaction of the City Engineer. The limits and details of trench restoration shall be included on the improvement plans. Any street moratorium already established or established prior to commencement of trenching shall be observed. The City Engineer retains the right to require street repair to include the grinding and overlay of existing pavement for Resolution No. P-07-04 Page 15 the full street width within the vicinity of any trenching in order to maintain the pavement integrity. 4. 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. 5. Provisions for the ongoing maintenance of the common facilities, including, but not limited to, landscaping, the private street, emergency vehicular access, and drainage facilities by all property owners shall be established. The provisions shall be subject to the review and approval of the City. 6. All damaged off-site and on-site public works facilities shall be repaired and replaced prior to exoneration of securities, to the satisfaction of the Director of Development Services. 7. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to the public and private road improvements caused by construction activity from this project. 8. Record drawings for the improvement and grading plans, signed by the engineer of work, shall be submitted to the Development Services Department prior to a request for occupancy, per Section 16.52.1308 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 the release of grading securities. Section 6: The approval of Tentative Tract Map 06-04 expires on Februarv 20.2009. at 5:00 p.m. The Final Map conforming to this conditionally approved Tentative Tract Map shall be filed with the City so that the City may approve the Final Map before this approval expires, unless at least 90 days prior to the expiration of the Tentative Tract Map a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. Section 7: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on February 20, 2006. Resolution No. P-07-04 Page 16 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 20th day of February 2007. Mic ATTEST: ~~ 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-07-04 was duly adopted by the City Council at a meeting of said City Council, held on the 20th day of February 2007, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: BOYACK DISQUALIFIED: NONE ~b;~ City of Poway EXHIBIT A Resolution No. P-07-04 Page 17 MITIGATION MONITORING PROGRAM FOR TTM 06-04 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation". This Mitigation Monitoring Program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. To ic Biology Miti ation Measure Prior to the issuance of a Grading or an Administrative Clearing Permit, the applicant shall pay a Habitat Impact In-Lieu Fee for 14.03 acres of Coastal Sage Scrub at a ratio of 2: 1. The limits of approved habitat removal shall be clearly shown on the grading plan and staked in the field prior to commencing grading. Prior to the issuance of a Grading Permit or Administrative Clearing Permit, or approval of the final Map, whichever occurs first, the applicant shall consult with the appropriate State and Federal permitting agencies regarding ephemeral drainages located on the site. The applicant shall submit documentation of the project's compliance with the permitting agencies requirements to the City, and shall incorporate any permitting agency requirements into the project plans. Prior to the removal of any tree within the Eucalyptus Woodland on-site, during the reco nized nestin season for ra tors, a Timin Prior to the issuance of a Grading Permit, or Administra- tive Clearing Permit. Prior to grading Prior to the issuance of a Grading Permit or Administra- tive Clearing Permit, or approval of the Final Map, whichever occurs first, Prior to the issuance of a Tree Removal Applicant Applicant Applicant TODic MitiQation Measure qualified professional shall evaluate the subject tree(s) for a raptor nest and report the findings in writing to the City. Should a nest or nests be located in the tree, removal shall be delayed until such time the nest or nests have been abandoned. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, any grading or clearing during this timeframe will only be permitted subject to the following conditions having been met to the satisfaction of the Director. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures to the satisfaction of the City and the United States fish and Wildlife Service (USFWS) are implemented. There is no guarantee that grading will be allowed to resume. Before issuance of a Clearing/ Grading Permit, if grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division a letter from a qualified biologist 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. Resolution No. P-07-04 Page 18 TiminQ Permit. Resoonsibilitv Prior to the Applicant issuance of a Grading Permit. Resolution No. P-07 -04 Page 19 TODic Mitiaation Measure Timina ResDonsibility 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.