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
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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.