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Res P-07-07 RESOLUTION NO. P-07-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP (TPM) 06-04 ASSESSOR'S PARCEL NUMBERS 323-091-06 and 323-482-12 WHEREAS, A request was submitted by Slough Estates USA for approval of a Tentative Parcel Map (TPM 06-04) for a 4-lot subdivision of approximately 150 acres, and approval to grade a portion of the site for future development by creating manufactured, fill slopes up to 140 feet high on property generally located at the southeast corner of Scripps Poway Parkway and Gateway Place in the South Poway Specific Plan area; and WHEREAS, on January 2, 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 Parcel Map (TPM) 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 attached to this Resolution as Exhibit A. Section 2: Pursuant to the Poway Subarea Habitat Conservation Plan (PSHCP), a biological report by REC Consultants (dated March 30, 2006) was submitted for the property. Portions of the 150-acre site are located within the Mitigation Area and Biological Core Linkage Area (BCLA) of the HCP. Project development will permanently impact approximately 51.7 acres of habitat (49.9 on-site and 1.8 acres off-site) and a temporary impact to 5.1 acres. In accordance with the Poway HCP, the required findings for approval of the proposed mitigation for the removal of habitat for TPM 06-04 are as follows: A. A portion of the proposed project site is located inside of the Mitigation Area of the Poway HCP and the majority of required mitigation will occur on-site within the Mitigation Area. The project's habitat impact mitigation has been calculated pursuant to HCP prescribed ratios, and the overall mitigation requirement is 95.9 acres. The majority of the required mitigation will be satisfied in two on-site Biological Conservation Easements (BCE), which total 78.9 acres of habitat (5.1 Resolution No. P-07-07 Page 2 acres of which is proposed re-vegetated habitat). A 53.9-acre BCE is proposed on the northerly portion of the site (i.e., north of Scripps Poway Parkway). A 25-acre BCE is proposed on the most southerly portion of the site. Both Biological Conservation Easements (BCEs) are located in the BCLA. The balance of the mitigation requirement will be satisfied by either purchase of similar habitat within the Mitigation Area or payment of an In-Lieu Fee. Therefore, the mitigation is consistent with and furthers the implementing objectives of the Poway HCP. B. Preservation of such habitat within the Mitigation Area, andlor 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 andlor 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 PSHCP covered species and their habitats in that the recordation of a BCE Deed over undisturbed and unencumbered habitat (see "A" above) andlor 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 in an identified Mitigation Area within the City, andlor 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 andlor placed within permanent public BCE 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 TPM 06-04, are made as follows: A. The Tentative Parcel Map is consistent with the General Plan in that it proposes to create four parcels that comply with the minimum lot size standards contained in the General Plan and South Poway Specific Plan. The approximate, gross acreage, lot sizes are as follows: One open space parcel of 69 acres, one open space parcel of 30 acres, one 37 acre parcel of which approximately 35 acres is designated Industrial Park and approximately 2 acres is designated South Poway Commercial and one approximately 5 acre parcel designated Industrial Park. Resolution No. P-07-07 Page 3 B. The design and improvements required of the Tentative Parcel 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 and intensity of development proposed in that the proposed project complies with the standards of the General Plan and the South Poway Specific Plan and is consistent with other development in the area. D. The design of the Tentative Parcel 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 Parcel Map is not likely to cause serious public health problems as City water service, in an ultimate looped system, will be provided to the site by the developer and the project's sewer system will be designed to comply with City andlor County of San Diego Department of Environmental Health standards. F. The design of the Tentative Parcel 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. On- and off-site roadway improvements will be constructed as recommended by the Traffic Impact Analysis prepared by RBF Consultants and dated June 13, 2006. 2. An ultimate looped water line system will be constructed to serve the development. 3. On-site drainage improvements will be constructed to handle the surface water runoff. 4. Fire hydrants will be constructed to serve the development and provide fire protection. 5. Water fees will be paid. On-site and off-site improvements will be made to provide water service to the development. Resolution No. P-07-07 Page 4 6. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. Section 5: The City Council hereby approves Tentative Parcel Map 06-04 for a 4-lot subdivision of approximately 150 acres, and approval to grade a portion of the site for future development and create manufactured fill slopes of up to 140 feet high on property generally located at the southeast corner of Scripps Poway Parkway and Gateway Place in the South Poway Specific Plan area, as shown on the Tentative Parcel Map dated May 8, 2006, subject to the following conditions: A. This approval is not inclusive of the design of the buildings and on-site improvements on the subject properties. Separate approval shall be applied for through the Development Review process prior to issuance of any Building Permit. B. Approval of this request shall not waive compliance with any sections of the Zoning Ordinance, the South Poway Specific Plan, 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 Parcel 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 Parcel 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 developer is required to comply with the Poway Municipal Code requirements that govern construction activity and noise levels. E. Within thirty (30) days after City Council approval of the Tentative Parcel Map, the applicant shall submit in writing to the City that all conditions of approval have been read and understood. F. Prior to approval of the Final Map or a Grading Permit, approval of Specific Plan Amendment 84-01 WWW shall be obtained and effective. G. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with. (Engineering) 1. Within 30 days after receiving City Council approval of the Tentative Parcel Map, the subdivider shall apply for a Letter of Availability (LOA) to reserve sewerage availability for 91.3 Equivalent Dwelling Units (EDU) and post with the City a non-refundable reservation fee equal to 20% of the sewer connection fee in effect at the time the LOA is issued. The fees are calculated as follows: Resolution No. P-07-07 Page 5 (31.43 Ac.)(43,560 sf/Ac.)(40% building coverage)(1 EDU/6000 sf) = 91.3 EDUs 20% of sewer connection fee = (0.20)(91.3 EDUs)($2,356/EDU) = $43,020.56 The above-referenced number of sewer EDU's is the minimum amount to be reserved. Additional sewer EDU's for building areas beyond the 40% limit shall be charged accordingly, prior to Building Permit issuance. 2. Within 30 days after City Council approval of the Parcel Map, the subdivider shall pay the City an additional 30% sewer connection fee, in accordance with the LOA established for the project. The remaining 50% balance of the sewer connection fee shall be paid prior to Building Permit issuance. The fees are calculated as follows: 30% of sewer connection fee=(0.30)(91.3EDUs)($2,356/EDU)=$64,530.84 3. The applicant shall submit a Parcel Map to the City for review and approval. The Parcel 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 Tentative Parcel Map. Map review fees of $1,000 per map sheet shall be paid at the time of submittal. 4. The applicant shall post a cash deposit to the City, an amount equivalent to $100 per sheet of the Parcel Map, for the photo mylar reproduction of the recorded Parcel Map. If the applicant provides the City with the photo mylar copy of the recorded Parcel 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. 5. Easements andlor right-of-way dedications to the City, within the limits of the subdivision, shall be made on the final parcel map. 6. Off-site easements to be dedicated by separate instrument shall be recorded prior to final map approval. 7. All street rights-of-way necessary for Scripps Poway Parkway and Kirkham Way that fall within the limits of the subdivision shall be dedicated to the public on the Parcel Map, including the future-planned northerly extension of Kirkham Way to intersect with Scripps Poway Parkway. Right-of-way widths are 107-feet for Scripps Poway Parkway and 65-feet for Kirkham Way. Resolution No. P-07-07 Page 6 8. The applicant/developer shall cause the dedication of the following easements to the City andlor the public: a. An easement, a minimum of 20-feet wide for each new public water line, shall be dedicated to the City. b. A 15-foot-wide public utility or general utility easement along the projects' frontages of Scripps Poway Parkway, Gateway Drive, and Kirkham Way. If there are public utility or general utility easements existing, but not 15-feet wide, only additional easements to attain the minimum 15 feet in width shall be dedicated. c. A 6-foot-wide public pedestrian walkway access easement along Scripps Poway Parkway, Gateway Place, and Kirkham Way. d. A landscape maintenance easement for the City's Landscape Maintenance District (LMD) maintained landscaping along the south side of Scripps Poway Parkway, the area of which shall be determined by the Public Works Department. A processing fee of $1,000.00 per easement or right-of-way document (if done by separate instrument other than through a parcel or final map) shall be paid to the City at first submittal of document for review. 9. Abutter's rights of access to and from Scripps Poway Parkway for those parcels adjacent to it shall be waived to the City. 10. The applicant shall cause the vacation of the portion of the easement that is located on the subject property and designated for water pipeline and incidental purposes in favor of General Dynamics Corporation, and assigned to the Poway Municipal Water District. 11. Closure calculations for all easements, except Public Utility Easements (PUE) adjacent and parallel to the streets, shall be submitted to the City with the Parcel Map for review and approval. 12. Improvement plans, prepared on standard mylar sheets (24" x 36") by a California Registered Civil Engineer, shall be submitted to the City Engineer for review and approval prior to recordation of the Parcel Map. The improvement plans shall be secured, and shall include the following: a. ON-SITE AND OFF-SITE STREET IMPROVEMENTS. Construction of on-site and off-site street improvements as identified in the project's Traffic Impact Analysis Report dated June 13,2006, are required. Prior to the issuance of a Grading Permit, Administrative Clearing Permit or Final Map approval, whichever Resolution No. P-07-07 Page 7 occurs first, the applicant shall submit a Transportation Improvements Phasing Plan (TIPP), prepared by a Traffic Engineer, for the approval of the Director of Development Services. The TIPP shall identify the phasing schedule for the following: i. The extension and improvement of Kirkham Way, between its current intersection with Gateway Place to a new signalized intersection with Scripps Poway Parkway in accordance with the standards for Commercialllndustrial Collectors (without median) as set forth in Chapter 2, Section 1 C of the South Poway Specific Plan and the Roadway Plan for the South Poway Planned Community. The phased extension of Kirkham Way to a temporary cul-de-sac turn- aroundlproject entrance, as depicted on the TPM, may occur as supported by the approved TIPP. ii. A traffic signal at the intersection of Kirkham Way and the northerly project entrance, which is the approximate location of the temporary cul-de-sac depicted on the TPM. iii. Improvement of the intersection of Scripps Poway Parkway and Community Road to add a westbound right turn lane and any necessary signal modification. iv. Conversion of the existing southbound right-turn lane to an uncontrolled (free) right-turn lane at the intersection of Scripps Poway Parkway and State Route 67. These improvements will be completed through an encroachment permit from Caltrans. The improvements will also have to be coordinated with the County of San Diego. v. Improvement of the intersection of Community Road and Stowe Drive to add a westbound right-turn lane and any necessary signal modification. These improvements could be accomplished without roadway widening, but rather re- striping to convert the westbound No. 2 lane from a shared through and right-turn lane to a right-turn lane only. vi. Improvement of the intersection of Scripps Poway Parkway and Pomerado Road to add a second northbound right-turn lane within the existing paved area of the road and any necessary signal modification. b. STREET LIGHT AND SIDEWALKS: i. Sidewalk improvements shall be provided on the east side of Gateway Place, on the south side of Scripps Poway Resolution No. P-07-07 Page 8 Parkway, and on both sides of the Kirkham Way extension on the subject site. ii. Streetlights shall be provided along the south side of Scripps Poway Parkway, and along the east side of Gateway Place, fronting the subdivision. Lights shall be 180-watt low- pressure sodium type constructed at a maximum height of 30 feet. Light spacing at Scripps Poway Parkway shall be 600 feet on center on the south side of the road. The spacing may be modified with the approval of the Director of Development Services andlor the City Engineer. c. WATER IMPROVEMENTS: i. A public water system for domestic and reclaimed water lines within Kirkham Way shall be designed and constructed to meet the needs of the development consistent with master plan facilities to the satisfaction of the Director of Development Services andlor the City Engineer. A water system analysis shall be prepared to establish the size and locations of lines. The cost of the analysis shall be paid by the applicant/developer at first submittal of improvement plans. ii. Fire hydrants, per City of Poway specifications and standards, shall be installed at locations, along public streets, as determined by the City Fire Marshal. d. SEWER IMPROVEMENTS: i. A sewer system shall be designed and constructed to meet the requirements of the City of Poway and the County of San Diego Department of Health. The system shall include the construction of off-site lines and appurtenances for connecting to existing public sewer lines. e. DRAINAGE IMPROVEMENTS: i. A drainage system capable of handling and disposing all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. The drainage system shall include a drainage study, easement dedications, structures, storm drains, access roads, and detention basins as required by the Director of Development Services andlor the City Engineer to properly handle the drainage. Resolution No. P-07-07 Page 9 ii. Intersection drains shall be required at locations specified by the City Engineer and in accordance with standard engineering practices. iii. Portland cement concrete gutters shall be installed where water crosses the roadways. iv. Concentrated flows across driveways andlor sidewalks shall not be permitted. f. OTHER UTILITIES: i. All proposed electricallcommunicationlCATV utilities within the project shall be installed underground, including existing electrical utilities less than 34.5 kV along Circulation Element roads andlor highways. ii. Utility easements shall be provided to the specification of the serving utility companies and the Director of Development Services andlor City Engineer. iii. The developer shall be responsible for the relocation and under grounding of existing public utilities as required. iv. Cable television services shall be provided and installed underground. The developer shall notify Cox Communications and Southwestern Cable TV when trenching for utilities is to be accomplished. v. Existing telephone, gas, electric, water, sewer, and other public utility lines and appurtenances shall be shown on the gradingl improvement plans. vi. All on-site private sewer mains shall be constructed to public sewer standards and specifications and shall be shown on the gradinglimprovement plans. vii. All public utility lines (i.e., water, sewer, drainage) not located within public streets shall have an improved access over and along the respective easement, the surfacing and width of which shall be acceptable to the Director of Development Services andlor City Engineer. viii. An on-site reclaimed water system shall be sized and installed for landscaping and irrigation to the satisfaction of Resolution No. P-07-07 Page 10 the Director of Development Services andlor the City Engineer. 13. 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. 14. The improvement plans shall provide for construction of street paving 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 project inspector. 15. The developer, prior to improvement plan approval, shall execute a Standard Agreement for the Construction of Public Improvements. Appropriate securities shall also be posted with the submittal of the Standard Agreement to the Engineering Services Department. 16. The applicant shall post payment to the City for the following development fees. 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. Drainage Fee = (31.43 Ac.)($1,200/acre) = $37,716.00 Street Light = $350.00 energizing fee per light standard 17. 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 (BMP) 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. 18. All property corners shall be monumented. If property corners are not set prior to Parcel Map approval, appropriate monumentation security shall be submitted to the City. (Planning) 19. A public recreation trail shall be provided on the south side of the site to the satisfaction of the Director of Public Works and the Director of Development Services. The trail width shall be to the specifications of the Public Works Department. The public trail shall be shown on the Final Map and the grading plan, and shall be improved to the satisfaction of the Director of Development Services and the Director of Public Works in conjunction with grading of the project. Resolution No. P-07-07 Page 11 (Public Works) 20. The site shall be annexed into Landscape Maintenance District (LMD) 87-1. The applicant shall contact and be responsible for initiating the annexation with the Public Works Department. H. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Prior to approval of the Final Map or grading permit issuance, whichever occurs first, an amendment to the Poway Municipal Code shall be processed to create provisions for the City Engineer to authorize surface drainage control alternatives to the mid-slope terrace requirement contained in Section 16.50.120 of the Grading Standards. This shall be a City initiated amendment. If the City Council does not approve this amendment, then the project shall be redesigned to meet the requirements in effect at the time of final map or grading permit. 2. 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 andlor Engineering Division prior to issuance of a Grading Permit. b. All driveway approaches to the property shall be with alley-type curb returns. c. All utilities (proposed and existing), appurtenances and associated easements. permitted upon any public easement Encroachment AgreemenUPermit. together with their Encroachments are not without an approved d. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. e. Utilities to be abandoned shall be removed, filled with suitable material andlor capped to the approval of the applicable utility agency and to the approval of the City Engineer. Resolution No. P-07-07 Page 12 f. Improvement plans shall indicate the grades of the surrounding properties sufficient enough to determine the effects of improvements on the surrounding properties. g. 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. 3. Pad elevations shown on the grading plan shall not change by more than two feet in height from the elevations shown on the approved tentative map, unless otherwise approved by the City Council. 4. A soilslgeological 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. 5. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall: a. 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. b. Cause post-development flow volumes from the project site to be equal or less than pre-development flow volumes. c. Include all easements required to properly handle the drainage. 6. Drainage from each parcel shall not encroach on each other or neighboring properties unless a City Engineer-approved drainage system is designed. 7. The grading plans shall demonstrate that the subdivision complies with the City's Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance, including both treatment and detention. 8. 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 issuance of a Grading or Building Permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region Resolution No. P-07-07 Page 13 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 9. 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 BMPs to effectively eliminate pollutants from entering the storm drain system. The engineer shall certify the SWPPP prior to issuance of the 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. Covering of all flat areas with approved mulch. 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's civil engineer and Resolution No. P-07-07 Page 14 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. 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. 17. 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 right-of-way or City-held easement. 18. A Haul Route Permit shall be obtained from the Engineering Division for all soil export. (Planning) 19. Prior to the issuance of a Grading Permit or an Administrative Clearing Permit, whichever occurs first, the applicant shall mitigate the 95.9 acres of on-site and off-site habitat impacts as listed in Table 3 of the project's biological report prepared by REC Consultants dated March 30, 2006 and on file with the Development Services Department. A BCE over the areas depicted in Figure 5 of the Report, excepting the 5.1-acre portion of the site proposed to be re-vegetated after grading, will count as partial mitigation. This area totals 73.8 acres in two (2) BCEs. The balance of required mitigation, or 22.1 acres, shall be satisfied by the payment of a Habitat In-Lieu Mitigation Fee. Additionally, the applicant is required to transplant some, or all, of the San Diego Barrel Cactus that is in the development area of the site to another suitable location. The original solar orientation of the barrel cactus shall be maintained. A report on the translocation, which would identify the translocation process and monitoring, shall be submitted to the City for approval. The BCE shall be approved by the City Attorney, and shall be notarized and recorded with the County of San Diego. The applicant shall be responsible for preparing a BCE legal plat map and description, submittal of this information to the City, and City easement plan check fees. 20. Habitat restoration of over 5.1 acres of manufactured slopes on the south side of the project shall be conducted and maintained as habitat. Prior to the issuance of a Grading Permit or an Administrative Clearing Permit, the applicant shall submit to the City for review and approval a Habitat Restoration and Monitoring Plan (HRMP) prepared by a qualified biologist, and applicable review fees. The HRMP shall include a discussion of the Resolution No. P-07-07 Page 15 applicant's habitat restoration and maintenance responsibility. The HRMP shall include a detailed monitoring component, with a monitoring term to last a minimum of five (5) years, and shall identify habitat restoration performance criteria. Provisions shall be made in the HRMP for extensions of the monitoring term should performance criteria not be met. Additionally, prior to the issuance of a Grading Permit or an Administrative Clearing Permit the applicant shall be responsible for preparing a separate BCE legal plat map and description for this area, submittal of this information to the City, and for City easement plan check fees. The BCE shall be recorded upon the successful establishment of habitat pursuant to the criteria contained in the HRMP, at which time the applicant shall be entitled, upon request, to a reimbursement of habitat impact fees equal to the size of the area. 21. Install permanent signs and fencing, as may be deemed necessary by the Director of Development Services, to delineate the limits of the BCEs present on the site. 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. 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 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 cease 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 ClearinglGrading Permit, if grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Department of Development Services - Planning Division a letter from a qualified biologist retained by the applicant, with a scope of work for the Coastal Sage Scrub (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 Resolution No. P-07-07 Page 16 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 gradinglclearing 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 gradedlcleared, or within 500 feet of that area, no grading will be allowed unless appropriate mitigation is completed. 24. Landscape and irrigation plans, designed pursuant to the City of Poway Guide to Landscape Requirements, shall be submitted to and approved by the City. The plans shall depict the permanent slope planting, fire fuel management zonesllandscaping for anticipated development, street trees, and interim erosion control landscaping on pad areas. A separate set of landscape and irrigation plans for landscaping within the LMD area along Scripps Poway Parkway is required. All landscape plan check fees shall be the responsibility of the developer. All landscaping and irrigation shown on the approved plans shall be installed as part of the grading of the site, and shall be completed within 60 days of grading completion. Maintenance of landscaping and irrigation outside the LMD area shall be the responsibility of the applicant. 25. All project retaining walls shall be shown on the grading plan and shall comply with City design standards. 26. 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 law. (Public Works) 27. A public recreation trail shall be provided on the south side of the site to the satisfaction of the Director of Public Works and the Director of Development Services. The trail width shall be 10 feet and to the specifications of the Public Works Department. The public trail shall be shown on the Final Map and the grading plan, and shall be improved to the satisfaction of the Director of Development Services and the Director of Public Works in conjunction with grading of the project. H. Prior to Building Permit issuance the applicant shall comply with the following: Resolution No. P-07-07 Page 17 (Planning) 1. Obtain approval of a Development Review (DR) Permit. (Engineering) 2. The Parcel Map shall be recorded in the office of the San Diego County Recorder, and a mylar copy shall be provided to the City. 3. The site shall be developed in accordance with the approved DR 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. 4. Rough grading of the lots 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 each lot, prepared by the engineer of work. b. A final soil compaction report for each lot for review and approval by the City. 5. Prior to delivery of combustible building materials, on-site water and sewer systems shall satisfactorily pass all required tests. 6. 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 Meter Expansion Fee SDCWA Capacity" SDCWA Water Treatment Capacity" 1 inch $ 270 $6,678 $6,646 $ 255 1 Y, inch $ 600 $10,388 $12,461 $ 478 "To be paid by separate check, payable to the SDCWA. For fees on other meter sizes, please contact the Development Services Department Engineering Division. Sewer Connection fee = $107,551.40 This amount represents 50% of the sewer connection fee for 91.3 EDU's and is subject to change if the property's net acreage increases or the building area to be built on each lot exceeds 40% of the net area. The Resolution No. P-07-07 Page 18 91.3 EDU's were calculated from a total developable net area of 31.43 acres as noted on the Tentative Parcel Map and has been reserved per a LOA. Sewer cleanout fee = $50.00 per c1eanout Sewer cleanout inspection fee = $25.00 per cleanout To be determined, depending on use of the building andlor property use classification Traffic mitigation = I. Compliance with the following conditions is required prior to issuance of a Certificate of Occupancy: (Engineering) 1. Dedication of easements to the City for new public water and sewer lines, as required of the project. 2. Driveways, drainage facilities, slope landscaping and protection measures, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. 3. 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. 4. 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 the full street width within the vicinity of any trenching in order to maintain the pavement integrity. 5. 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. 6. All damaged off-site and on-site public works facilities and streets shall be repaired and replaced prior to the release of securities, to the satisfaction of the Director of Development Services. 7. Record drawings for the improvement and grading plans, signed by the engineer of work, shall be submitted to Development Services prior to a Resolution No. P-07-07 Page 19 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 the release of grading securities. Section 6: The approval of Tentative Parcel Map 06-04 expires on January 16, 2009, at 5:00 p.m. The Final Map conforming to this conditionally approved Tentative Parcel Map shall be filed with the City so that the City may approve the Parcel Map before this approval expires, unless, at least 90 days prior to the expiration of the Tentative Parcel 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 January 2,2007. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 13th day of March, 2007. ~ GOJ~/ Michael P. Cafag ATTEST: ~ ~~ 0A&<f-- L. Dia e Shea, City Clerk Resolution No. P-07-07 Page 20 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-07-07 was duly adopted by the City Council at a meeting of said City Council held on the 16th day of January 2007 and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~~0-AU- L. Dane Shea, City Clerk City of Poway Resolution No. P- 07-07 Page 21 EXHIBIT A MITIGATION MONITORING PROGRAM , ., .-',' ". FOR SPA 84.01 WWWITPM 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 ofthe 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. TODic Mitiaation Measure Timina Responsibility Biology 1. Prior to the issuance of a Grading Prior to the Applicant Permit or an Administrative Clearing issuance of a Permit, whichever occurs first, the Grading applicant shall mitigate the 95.9 acres Permit, or an of on-site and off-site habitat impacts Administrative as listed in Table 3 of the project's Clearing biological report dated March 30, Permit. 2006. A Biological Conservation Easement (BCE) over the areas depicted in Figure 5 of the Report, excepting the 5.1 acre portion of the site proposed to be revegetated after grading, will count as partial mitigation. This area totals 73.8 acres in two BCEs. The balance of the required mitigation, or 22.1 acres, shall be satisfied by the payment of an In-Lieu Fee. Additionally, the applicant is required to transplant some, or all, of the San Diego Barrel Cactus that is in the development area of the site to another suitable location. The original solar orientation of the barrel cactus shall be maintained. A report on the Resolution No. P-07-07 Page 22 Topic Mitigation Measure Timina Responsibility translocation, which would identify the translocation process and monitoring, shall be submitted to the City for approval. The BCE shall be approved by the Director of Development Services, and shall be notarized and recorded with the County of San Diego. The applicant shall be responsible for preparing a BCE legal plat map and description, submittal of this infonmation to the City, and City easement plan check fees. 2. Habitat restoration of over 5.1 acres Prior to the Applicant of manufactured slopes on the south issuance of a side of the project shall be conducted Grading and maintained as habitat. Prior to the Penmit, an issuance of a Grading Permit or an Administrative Administrative Clearing Permit, the Clearing applicant shall submit to the City for Permit, or the review and approval a Habitat approval. Restoration and Monitoring Plan (HRMP), and applicable review fees. The HRMP shall include a discussion of the applicants' habitat restoration and maintenance responsibility. Additionally prior to the issuance of a Grading Permit or an Administrative Clearing Permit the applicant shall be responsible for preparing a separate BCE legal plat map and description for this area, submittal of ttlis infonmation to the City, and for City easement plan check fees. The BCE shall be recorded upon the successful establishment of the habitat pursuant to the criteria contained in the HRMP, at which time the applicant shall be entitled, upon request, to a reimbursement of habitat impact fees equal to the size of the area. Resolution No. P-07 -07 Page 23 Toaie Mitiaation Measure Timina ResDonsibilitv 3. Install permanent signs and fencing Upon Applicant as may be deemed necessary by the recordation of Director of Development Services, to the easement. delineate the limits of the BCE(s) present on the site. 4. The limits of approved habitat removal shall be clearly shown on the Prior to the Applicant grading plan and staked in the field issuance of a prior to commencing grading. Grading In accordance with Condition H of Permit. 5. the Poway Subarea Habitat Prior to the Applicant Conservation Plan (PSHCP) Incidental issuance of a Take Permit, a take of active California Grading Gnatcatcher nests, which includes Permit or an harassment of the bird due to grading Administrative noise and vibrations from February 15 Clearing through July 1, is not permitted. Permit. 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 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. Before issuance of a Clearing IGrading Penmit, 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 Coastal Sage Scrub (CSS) habitat and Gnatcatcher Survey and a map Resolution No. P-07-07 Page 24 Topic Mitiaation Measure Tlmina Responsibility 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 penmit 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. 6. Prior to the issuance of a Grading Prior to the Applicant Permit, Administrative Clearing issuance of a Penmit, or Final Map approval, which Grading ever occurs first the applicant shall Penmit, mitiaate for the loss of the aDen Administrative Resolution No. P-07 -07 Page 25 TODic Mitiaation Measure Timina Respons ibility Space/1 Dwelling Unit (05/1 DU) Clearing zoning at the rate of one acre for Permit or every acre changed to Industrial Park Final Map (IP). This shall be separate from and Approval. in addition to natural habitat impact mitigation for the project. Satisfaction of this mitigation may be achieved by payment of an In-Lieu Fee or by other method to the satisfaction of the Director of Development Services. 7. Construction of on-site and off-site Prior to the street improvements as identified in issuance of a the project's Traffic Impact Analysis Grading Report dated June 13, 2006 are Permit, required. Prior to the issuance of a Administrative Grading Permit, Administrative Clearing Clearing Permit or Final Map approval, Penmitor whichever occurs first, the applicant Final Map shall submit a Transportation Approval. Improvements Phasing Plan (TIPP), Improvements prepared by a Traffic Engineer, for the shall be approval of the Director of phased as Development . Services. The TIPP specified in shall identify the phasing schedule for the approved the following: T1PP. a. The extension and improvement of Kirkham Way, between its current intersection with Gateway Place to a new signalized intersection with Scripps Poway Parkway in accordance with the standards for Commercial /Industrial Collectors (without median) as set forth in Chapter 2, Section 1C of the South Poway Specific Prim and the Roadway Plan for the South Poway Planned Community. The phased extension of Kirkham Way to a temporary cul-de-sac turn- around/project entrance, as depicted on the TPM, may occur as supported by the approvedTIPP. Resolution No. P-07-07 Page 26 TODic Mitigation Measure Timino ResDonsibilitv b. A traffic signal at the intersection of Kirkham Way and the northerly project entrance, which is the approximate location of the temporary cul-de-sac depicted on the TPM. c. Improvement of the intersection of Scripps Poway Parkway and Community Road to add a westbound rig ht -tu rn lane and any necessary signal modification. d. Conversion of the existing southbound right-tum lane to an uncontrolled (free) .right-turn lane at the intersection of Scripps Poway Parkway and State Route 67. These improvements will be completed through an encroachment permit from Caltrans. The improvements will also have to be coordinated with the County of San Diego. e. Improvement of the intersection of Community Road and Stowe Drive to add a westbound right-turn lane and any necessary signal modification. These improvements could be accomplished without roadway widening but rather re-striping to convert the westbound No.2 lane from a shared through and right-turn lane to a right-turn lane only. f. Improvement of the intersection of Scripps Poway Parkway and Pomerado Road to add a second northbound right-turn lane within the existing paved area of the road and anv necessarv sicnal modification.