Res P-07-36
RESOLUTION NO. P-07-36
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION
AND TENTATIVE TRACT MAP (TTM) 06-06, DEVELOPMENT REVIEW 06-04
AND VARIANCE 07-02 FOR THE MEADOWS WORKFORCE HOUSING PROJECT
ASSESSOR'S PARCEL NUMBER 317-350-30
WHEREAS, a request submitted by the Poway Redevelopment Agency/Poway
Meadows LP to subdivide and construct 28 paired and two detached single-family
homes for moderate and low-income families on a vacant 4.09-acre property located
12920 Metate Lane within the Residential Single-Family (RS) 7 zone. A fence height
Variance approval is also requested to allow segments of a combined height retaining
wall and five-foot-high privacy fencing along the northerly property line, adjacent to
proposed Lots 17, 19 and 20, to have a height of up to ten feet, when six feet is the
maximum height permitted in the RS-7 zone; 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;
and
WHEREAS, on July 17, 2007, and August 7, 2007, the City Council held public
hearings on the above-referenced item, to solicit comments from the public both pro and
con.
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 TTM 06-06, DR 06-04 and Variance 07-02.
The subject EIS and MND documentation are fully incorporated herein by this
reference. The City Council finds, on the basis of the whole record before it, that there
is no substantial evidence the project will have a significant impact on the environment,
that the mitigation measures contained in the EIS and Exhibit A hereof, will mitigate
potentially significant impacts to a less than significant level, and that the MND reflects
the independent judgment and analysis of the City. The City Council hereby approves
the MND and the associated Mitigation Monitoring Program.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a
biological report by Marquez and Associates Biological Consultants (dated June 2006),
and a Wetland Delineation (dated May 2007), prepared by ECORP Environmental
Consultants, .were submitted for the property. Project development will impact
approximately 3 acres of non-native grassland and 0.043 acres of disturbed wetland
habitat located on property outside of the Mitigation Areas of the Poway HCP. In
accordance with the Poway HCP, the required findings for approval of the proposed
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mitigation for the removal of non-native grassland and disturbed wetland habitat for
Tentative Tract Map 06-06 and DR 06-04 are as follows:
A. The proposed project is outside of the Mitigation Area of the Poway HCP. The
mitigation is consistent with, and furthers the implementing objectives of, the
Poway HCP in that the applicant will mitigate impacts to approximately 3 acres of
disturbed non-native grassland at a 1: 1 ratio. Said mitigation will be through the
acquisition of suitable non-native grassland habitat and the recordation of an off-
site Biological Conservation Easement Deed preserving comparable undisturbed
and unencumbered habitat of equal or greater conservation value located within
the HCP Mitigation Area, and/or by the payment of In-Lieu Fees. Mitigation for
impacts to approximately 0.043 acres of disturbed wetland will be through either:
1) preservation and enhancement of approximately 0.037 acres of non-impacted,
on-site disturbed wetland habitat, and off-site mitigation at a 1:1 ratio through
removal of invasive vegetation (arrundo) from the creek area (Rattlesnake
CreeklPoway Creek) located upstream from the subject project; or 2) complete
mitigation for impacts to all of the on-site (0.080 acres) disturbed wetland habitat
at a 3:1 ratio through removal of invasive vegetation (arrundo) from the creek
area (Rattlesnake Creek/Poway Creek) located upstream from the subject
project.
B. Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu
Fees for on-site preservation of wetland will contribute toward the building of the
ultimate total Mitigation Area preserve system of the HCP. Therefore, such
habitat preservation and/or payment of In-Lieu Fees will serve to enhance the
long-term viability and function of the preserve system.
C. The habitat preserved through on-site/off-site dedication, or purchased by
mitigation In-Lieu Fees paid, will be to the long-term benefit of the Poway Sub-
area Habitat Conservation Plan (PSHCP) covered species and their habitats, in
that the recordation of a Biological Conservation Easement Deed over
undisturbed and unencumbered habitat (See UAU above) and/or the payment of
the In-Lieu Fee, will promote a meaningful addition to the assembly of a viable
regional system of uninterrupted natural habitat resources, habitat linkages,
buffers, and wildlife corridor.
D. The preserved habitat will foster the incremental implementation of the PSHCP in
an effective and efficient manner in that the preservation of on-site/off-site
conservation area(s) will be within an identified Mitigation Area within the City,
and/or the payment of In-Lieu Fees will contribute likewise towards assembling
the total Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will be
Resolution No. P-07-36
Page 3
dedicated to the City of Poway in fee title and/or placed within permanent public
biological conservation easement deeds or In-Lieu Fees will be paid.
Section 3: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.), for TTM 06-06 are made as follows:
A. The Tentative Tract Map is consistent with the General Plan, in that it proposes
to create 30 residential lots at densities consistent with the General Plan.
B. The design and improvements required of the Tentative Tract Map are consistent
with the General Plan, in that the approved lot sizes and configurations adhere to
the development standards established by Specific Plan 06-01 for the subject
property.
C. The site is physically suitable for the type of development and the density
proposed, in that the site is large enough to provide 30 residential lots, with
dimensions that are in keeping with the development standards established by
Specific Plan 06-01.
D. The design of the Tentative Tract Map is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife, or their
habitat, in that the site has been completely disturbed and was previously
developed.
E. The Tentative Tract Map is not likely to cause serious public health problems as
existing City water mains and sewer will provide service to the new development.
F. The design of the Tentative Tract Map will not conflict with any easement by the
public at large, now of record, for access through or use of the property within the
proposed subdivision.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, to approve Development Review 06-04 to allow the construction of 28 paired and
two detached single-family homes on the vacant subdivided lots of TTM 06-06, are
made as follows:
A. That the approved project is consistent with the General Plan as it proposes the
construction of 30 residences that have been designed to comply with the
development standards established by Specific Plan 06-01, on property
designated for residential development. Therefore, the proposed use respects
the interdependence of land values and aesthetics to the benefit of the City; and
B. That the approved project will not have an adverse affect on the aesthetics,
health, safety, or architecturally-related impact upon adjoining properties, as the
residences have been designed to comply with the development standards
Resolution No. P-07 -36
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established by Specific Plan 06-01 and will be compatible with surrounding
residential development. Therefore, the proposed design, size, and scale of the
project is compatible with, and will not adversely affect, or be materially
detrimental to adjacent uses, residents, buildings, structures, or natural
resources; and
C. That the granting of the Development Review Application would not be materially
detrimental to the public health, safety, or welfare since the proposed use will
complete improvements as deemed necessary; and
D. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City as the neighboring
properties consist of single-family residential lots. Therefore, the proposed
development respects the public concerns for the aesthetics of development; and
E. That the proposed use will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity nor be
contrary to the adopted General Plan; and
F. That the proposed development will comply with each of the applicable
provisions of Specific Plan 06-01, the Zoning Ordinance and the General Plan.
Section 5: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code to approve Variance 07-02, to allow sections of the proposed combined
retaining wall/five-foot-high privacy fence along the northerly property line of proposed
Lots 17, 19 and 20 of TTM 06-06 to be up to ten feet in height, when the maximum
height permitted in the zone is six feet, are made as follows:
A. That there are special circumstances applicable to the property and because of
this, the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances include the fact that the sloping
topography of the site requires that variable height (four to five-foot-high)
retaining walls be constructed to create level building pads for Lots 17, 19, and
20. The four to five-foot-high retaining walls coupled with five-foot-high rear yard
privacy fencing as required by the General Plan results in a combined wall/fence
height of up to a maximum of ten feet; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because other
homes in the area have five to six-foot-high rear yard fences to provide privacy
and security; and
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Page 5
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity, in that fencing will provide privacy and security in
the neighborhood; and
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in
that the existing homes in the area have five to six-foot-high rear yard fences to
provide privacy and security; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-7 zone because privacy fencing is permitted on single-
family residential properties within the RS-7 zone; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 6: 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 Poway General Plan, as well as City Ordinances, because all
necessary services and facilities will be available to serve the project. The
construction of public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of sewer, water, traffic mitigation, drainage, and park fees, which
are assessed on a pro-rata basis, to finance infrastructure improvements,
which promote a safe and healthy environment for the residents of the
City.
Section 7: The City Council hereby approves TTM 06-06, DR 06-04 and Variance
07-02, to subdivide and construct 28 paired and two detached single-family homes for
moderate and low-income families and a fence height Variance to allow segments of a
combined height retaining wall and privacy fencing proposed along the northerly
property line adjacent to Lots 17, 19 and 20 to have a height up to ten feet when six feet
is the maximum height permitted in the RS-7 zone on a vacant 4.09-acre property
located at 12920 Metate Lane within the RS 7 zone subject to the following conditions:
A. Approval of this request shall not waive compliance with any sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
Building Permit issuance.
B. This approval is based on the existing site conditions represented on the
approved Tentative Tract Map. If actual conditions vary from representations,
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the approved map must be changed to reflect the actual conditions. Any
substantial changes to the approved Tentative Tract Map, prior to Tract Map
approval, must be approved by the Director of Development Services and may
require approval of the City Council.
C. Pursuant to Section 66474.9 (b) of the State Government Code, the subdivider
shall defend, indemnify, and hold harmless the local agency or its agents,
officers, and employees from any claim, action or proceeding against the local
agency or its agents, officers, or employees to attack, set aside, void, or annul,
an approval of the local agency, advisory agency, appeal board, or legislative
body concerning a subdivision, which action is brought within the time period
provided in Section 66499.37 of the State Government Code. The City of Poway
shall promptly notify the subdivider of any claim, action, or proceeding and the
City shall cooperate fully in the defense. If the City fails to promptly notify the
subdivider of any claim, action, or proceeding, or if the City fails to cooperate fully
in the defense, the subdivider shall not thereafter be responsible to defend,
indemnify, or hold harmless the City.
D. Within thirty (30) days after City Council approval of the Tentative Tract Map, the
applicant shall submit in writing to the City that all Conditions of Approval have
been read and understood.
E. The developer is required to comply with the Poway Noise Ordinance and
Grading Ordinance requirements that govern construction activity' and noise
levels.
F. This project is subject to the provisions contained in Specific Plan 06-01.
G. Prior to Final Map approval, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. Within thirty (30) days after City Council approval of the Tentative Tract
Map, the applicant shall make a reservation for a sewer Letter of
Availability (LOA) for thirty Equivalent Dwelling Units (EDU) and pay the
City a non-refundable sewer connection fee of $14,136. This amount
represents twenty percent (20%) of the sewage connection fee.
2. Within thirty (30) days after City Council approval of the Final Map, the
applicant shall pay the City an additional 30% sewer connection fee of
$21,204. The remaining balance of the sewer connection fee, in the
amount of $35,340, shall be paid prior to Building Permit issuance.
3. Submittal of a Final Tract Map to the City for review and approval. The
Final Tract Map shall conform to City standards and procedures, the City
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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 Tract Map.
Appropriate map review fees shall be paid at the time of submittal.
4. Post a cash deposit to the City, an amount equivalent to $100.00 per
sheet of the tract map, for the photo mylar reproduction of the recorded
tract map. If the applicant provides the City with the photo mylar copy of
the recorded 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 and/or rights-of-way dedications to the City within the limits of
the subdivision shall be made on the Final Tract Map. Water and sewer
mains, and their appurtenances, to be installed at locations other than
within public streets shall have an easement, a minimum of 20 feet wide
for each line, dedicated to the City.
6. Easements shall be provided for all existing and proposed utilities,
emergency vehicular accesses, and drainage facilities located on private
property.
7. All existing and proposed easements (including, but not limited to, non-
access easements) shall be shown on the improvement plans and the
Final Tract Map. Existing and proposed easements shall be distinguished
on the improvement plans.
8. Closure calculations for all easements, except Public Utility Easements
(PUE) adjacent and parallel to the streets, shall be submitted to the City
Engineer with the Final Tract Map for review and approval.
9. The applicant shall apply to the City for a water system analysis to
establish the adequacy, size, and location of the public water system. The
fee for this analysis is $2,325.
10. Improvement plans shall be submitted to the City Engineer for review and
approval prior to approval of the Final Map. The improvement plans shall
include the following:
a. The streets within the subdivision shall be improved and completed
to the satisfaction of the City Engineer, pursuant to Specific Plan
06-01 and Poway Municipal Code, Section 17.26.200.B.3 which
allows as a development concession in the construction of
affordable units variance from adopted City street standards as
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shown on the tentative map, including curb, gutter, sidewalk,
paving, and streetlights.
b. Curb, gutter, sidewalk, streetlights, paving, and transition
improvements along the project frontage on Metate Lane.
c. Adequate site distances shall be provided at street intersections
and at driveways. Landscaping, signs, embankments, utility
appurtenances, or any other object shall not obstruct site distances.
d. Existing and proposed easements, including, but not limited to,
non-access easements.
e. Improvement plans shall show the full width of all new and existing
street rights-of-way and shall designate their respective centerlines,
medians and lane limits, and traffic sign age and striping. Existing
and proposed traffic controls shall be distinguished on the
improvement plans.
f. The improvement plans shall include the installation of streetlights
of the type and illumination necessary to provide adequate
vehicular traffic and pedestrian circulation safety. Streetlight types
and models shall be reviewed and approved by the City Engineer.
g. Proposed locations of on-street parking for City review and
approval.
h. Public water and sewer mains, and their appurtenances.
I. Existing curb returns within and along the project boundary that do
not meet current applicable federal and state access requirements
shall be removed and replaced with curb returns that do meet such
requirements.
j. Vehicular access between Yukon Way and Reo Real Drive, which
shall be for emergency vehicles only. A rigid swing vehicle gate
shall be provided per Poway Fire Department requirements.
k. The developer shall submit improvement plans that provide for a
southbound right-turn lane from Community Road to Metate Lane.
The right-turn lane is required to be constructed by the developer.
I. The improvement plan design shall note traffic control signage
which shall include: (1) an all-way stop at Metate Lane and project
access street; and (2) signage for speed reduction to 25 miles per
hour along Metate Lane to the satisfaction of the City Traffic
Engineer.
m. To ensure adequate hydraulic capacity of the existing concrete
lined drainage ditch, the applicant shall repair, or replace all
damaged sections of the concrete lined ditch between the projects
point of discharge and the existing junction box downstream. In
addition, along the section of the ditch as described above, the
applicant shall install an 18-inch-high concrete or masonry block
wall above the existing concrete lining. The height of the wall shall
Resolution No. P-07-36
Page 9
be increased to 2.5 feet from the existing concrete junction to a
point 15-feet upstream.
11. 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.
12. The improvement plans shall provide for construction of street paving in at
least two lifts. The final lift shall be placed after all other subdivision
improvement construction is completed and building construction is
substantially complete, as determined by the City's project inspector.
13. A standard agreement shall be executed, and appropriate securities shall
be posted, for construction of all street improvements, water lines,
drainage, and lot monumentation.
14. A maintenance mechanism(s) shall be submitted and approved by the City
Engineer for the Best Management Practices (BMPs) 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.
15. Maintenance and use restrictions for Lot A shall be addressed in the
Covenants Conditions and Restrictions (CC&R's) for this Subdivision.
(Planning)
16. A copy of the subdivision CC&Rs shall be submitted to the Development
Services - Planning Division for review and approval by the City Attorney..
The CC&Rs shall require that the property owner be responsible for
regular maintenance of adjacent landscape areas within the right-of-way,
and along front and street side yard property lines.
17. Existing overhead utility service shall be underground to the satisfaction of
the Director of Development Services. The developer shall schedule a
pre-design meeting to discuss how the undergrounding will be
accomplished.
18. If on-site habitat mitigation occurs on the property, an Open Space
easement shall be dedicated over said area. The Open Space easement
area shall be clearly identified on the map.
H. Prior to the issuance of a Grading Permit, unless other timing is indicated, the
following conditions shall be complied with:
Resolution No. P-07 -36
Page 10
(Engineering)
1. A grading plan is required for development of the lots, and 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
one-foot setback from open space areas and property lines.
Buildings shall be located at least five feet from tops and toes of
slopes, unless waived by the Planning Division and/or Engineering
Division prior to issuance of a Grading Permit.
b. Driveways, in compliance with the specifications provided in PMC
17 .08.170D, and including minimum structural sections together
with their elevations and grades.
c.
All utilities (proposed and existing),
appurtenances and associated easements.
permitted upon any public easement
Encroachment Agreement/Permit.
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. Documentation shall be submitted confirming that existing facility
systems (water, sewer, storm drain) that will be utilized are of
adequate capacity to accommodate the proposed development.
f. Utilities to be abandoned shall be removed, filled with suitable
material and/or capped to the approval of the applicable utility
agency and to the approval of the City Engineer.
g. Provision for the installation of all drainage facilities to take place at
the beginning of construction and be completed prior to issuance of
a Building Permit.
h. Indication of grades of surrounding properties sufficient enough to
determine any effects of improvements on surrounding properties.
i. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an on-site de-
silting basin with a volume based on 3,600 cubic feet per tributary
acre drained.
Resolution No. P-07-36
Page 11
j. Pad elevations shown on the grading plan shall not increase by
more than two feet in height from the elevations shown on the
approved tentative map, unless otherwise approved by the City
Council.
k. Clearly note and show any proposed Open Space Easement areas.
I. The maximum height of any wall or fence, or any combination
thereof, shall not exceed six feet, except for the over height
combined retaining wall/privacy fences approved along the
northerly property line of Lots 17, 19. and 20 pursuant to Variance
07-02.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan. An independent geotechnical engineer, who is retained by
the City at the applicant's expense, shall review the project geotechnical'
studies. Prior to approval of improvement plans, drainage design,
retaining walls and grading plans, and prior to issuance of a Grading
Permit, the subdivision design shall conform to the recommendations of
the applicant's geotechnical engineer, as well as the independent
geotechnical review, as determined by the City Engineer.
3. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the subdivision and all
surface water flowing onto the subdivision from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Concentrated flows across driveways are not permitted. The
drainage from each parcel shall not encroach on each other or
neighboring properties unless a City Engineer-approved drainage system
is designed.
4. The grading plans shall demonstrate the subdivision complies with the
City's Standard Urban Stormwater Mitigation (SUSMP) Plan ordinance,
including both treatment and detention.
5. Stenciling shall be provided on curb inlets to prohibit dumping of
pollutants. The stencil shall be noted in the grading plans and shall be
subject to the review and approval of the City Engineer prior to issuance of
a Grading Permit.
6. 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
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an assigned Waste Discharge Identification Number shall be submitted to
the Development Services Department - Engineering Division prior to
issuance of a Grading or Building Permit. Applications may be obtained
by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
7. 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 ten-year, six-hour storm
event; a material storage site; measures to protect construction material
from being exposed to storm water control; and other means of Best
Management Practices to effectively eliminate pollutants from entering the
storm drain system. The engineer shall certify the SWPPP prior to
issuance of the Grading Permit.
8. 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.
9. 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.
10. The applicant shall attend a pre7construction 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.
11. 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
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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.
12. Erosion control, including, but not limited to, de-silting basins, shall be
installed and maintained throughout the construction of the project. An
erosion control plan shall be prepared by the project civil engineer and
shall be submitted as part of the grading plan. The applicant shall make
provisions to ensure proper maintenance of all erosion control devices.
13. 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.
14. 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.
15. A Right-of-Way Permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in public
street rights-of-way or City-held easements, including trenching,
pavement, and construction of improvements.
(Planning)
16. Prior to issuance of an Administrative Clearing Permit or Grading Permit,
whichever occurs first:
a. The applicant shall provide mitigation to the satisfaction of the
Director of Development Services consistent with the Poway
Habitat Conservation Plan and mitigate impacts to 3 acres of
disturbed non-native grassland habitat at a 1:1 ratio. Said mitigation
shall be through the dedication of an off-site biological conservation
easement preserving comparable undisturbed and unencumbered
habitat, and/or by the payment of In-Lieu Fees at the established
rate. Presently the In-Lieu Fee rate is $10,000 per acre. Mitigation
of project impacts to approximately 0.043 acres of disturbed
wetland habitat shall be either: (1) preservation and enhancement
of approximately 0.037-acres of non-impacted, on-site disturbed
wetland habitat, and off-site mitigation of approximately 0.043 acres
of disturbed wetland habitat at a 1: 1 ratio through removal of
invasive vegetation (arrundo) from the creek area (Rattlesnake
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Creek/Poway Creek), located upstream from the subject project; or
(2) complete mitigation for impacts to all of the on-site (O.OSO acres)
disturbed wetland habitat at a 3:1 ratio through removal of invasive
vegetation (arrundo) from the creek area (Rattlesnake
Creek/Poway Creek), located upstream from the subject project.
b. The necessary permits, notices and approvals shall be obtained
from the Army Corps of Engineers, California Department of Fish
and Game, and the Regional Water Quality Control Board for any
impacts to jurisdictional waters or wetlands.
17. Locations of all utility boxes, clearly identified on the grading plans in
coordination with the respective utility companies, and approved by the
City, prior to any installation work. All proposed utility facilities more than
36 inches in height and located within or immediately adjacent to the
public right-of-way, are required to be sited to minimize visibility and
screened through the installation of landscaping.
1S. A Tree Removal Permit approval shall be obtained from the Director of
Public Works prior to removal of any trees. In addition, prior to removal
of any trees during the recognized nesting season for raptors, a qualified
professional shall evaluate the subject trees for nests and report the
findings in writing to the City. Should a nest be located, the tree removal
shall be delayed until such time as the nest(s) have been abandoned.
19. An archaeological monitor shall be present during grading operations to
the satisfaction of the Planning Division.
20. Pursuant to a Native consultation with the Santa Ysabel Band of Diegueno
Indians, as required by Senate Bill 1S, a Native monitor approved by the
Santa Ysabel Band of Diegueno Indians, shall be hired and present during
rough grading activity on the site.
21. Submit landscape and irrigation plans to the Planning Division for review
and approval. A landscape plan check review fee is required at the time
of initial submittal of the plans. The plans shall be prepared pursuant to
the City of Poway Guide to Landscape Requirements. The plans should
address the following:
a. All created and existing slopes of 5:1 or greater shall be planted
and irrigated with a varied palate of trees, shrubs, and ground
cover.
b. Street trees shall be provided in accordance with requirements
listed in the City of Poway Guide to Landscape Requirements.
c. On-site trees, including street trees, shall be installed and irrigated.
An automatic irrigation system shall be provided to serve the street
Resolution No. P-07 -36
Page 15
trees. The proposed location of the required street trees and
species shall be shown on the building plans (site plan) for the
project.
d. A minimum five-foot irrigated landscape buffer shall. be provided
between retaining walls and privacy fencing installed along the
westerly property line if the combined height of the retaining walls
and five-foot-high privacy fencing exceeds six feet.
e. The small median area located immediately west of the visitor
parking spaces shall be constructed to be hardscape and shall not
be landscaped with vegetation.
f. The small median area located immediately west of the visitor
parking area shall be constructed as hardscape, not landscaped
with plant vegetation.
22. The exterior elevation of the retaining wall of the proposed 10-foot-high
combined retaining wall/5-foot-high privacy fence shall be constructed of a
textured decorative masonry block (e.g., split face block, slumpstone, etc).
23. The developer shall try to retain or lower the pad elevation on Lots 17, 19
and 20 if possible. If finals elevation of the referenced lots are different
than the elevation on the Tentative Map concept grading plan, staff will
inform adjacent property owners before Grading Plan approval.
I. Prior to issuance of a Building Permit, unless other timing is indicated, the
following conditions shall be complied with:
1. Approval of this request shall not waive compliance with the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of
Grading and Building Permit issuance.
(Engineering)
2. An engineered site plan shall be submitted with the Building Permit
application, and shall be subject to the review and approval of the City
Engineer, prior to the issuance of a Building Permit.
3. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. Grading of lots shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the
approved soils report, and grading practices acceptable to the City.
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:
Resolution No. P-07-36
Page 16
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. The Final Map shall be recorded in the office of the San Diego County
Recorder, and a mylar copy of the recorded map shall be provided to the
City.
7. Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows and are subject to
change without further notice. The amounts to be paid shall be those in
effect at time of payment.
Water % inch 1 inch
Meter $ 130 $ 270
Expansion Fee $3,710 $6,678.
Service Line $1,430 $1,430
SDCWA Capacity.. $4,326 $6,922
. SDCWA Water Treatment Capacity.. $ 166 $ 266
. If a 1" meter is required due to fire sprinklers, then %" City Expansion
fee will apply.
.. To be paid by separate check, payable to the SDCWA.
Sewer connection fee = $35,340.00
This amount represents 50% payment, assuming that 20% payment was
made at reservation of sewer LOA and 30% payment made within 30 days
after map approval.
Sewer cleanout fee = $50.00 per cleanout
Sewer cleanout inspection fee = $25.00 per clean out
Traffic mitigation fee = 30 parcels @ $660.00/parcel = $19,800.00
Drainage fee = 30 parcels @ $1 ,200/parcel
= $36,000.00
= $81,600.00
Park fee = 30 parcels @ $2,720.00/parcel
Resolution No. P-07 -36
Page 17
8. The Final Map for Tentative Tract Map 06-06 shall be recorded and a
photomylar copy of the final map shall be provided to the Engineering
Division.
9. The site shall be developed in accordance with the approved site plans,
floor plans and elevations 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.
(Planning)
10. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School
District for additional information at (858) 679-2570.
11. Deed restrictions shall be recorded on each of the 30 residential lots for
the purpose to assure continued affordability of the units over time, to the
satisfaction of the Director of Development Services. The term of the
deed restriction shall not be for less than 45 years.
12. The color(s) of the exterior building materials and roof material shall be
identified on the building plans and shall be consistent with the approved
exterior building materials color boards on file in the Planning Division.
13. The maximum height of any wall or fence, including pilaster height, shall
not exceed six feet (Poway Municipal Code Section 17.08.240), except on
Lots 17, 19 and 20 as approved by Variance 07-02. Solid fencing within
the front yard setback area shall not exceed four feet in height.
14. All existing and proposed overhead utilities shall be placed underground.
A note shall be added to the building plans to that effect.
15. The building plans/floor plans shall note that the minimum inside
dimension of the garage will be 20' x 20' clear.
16. The building plans/site plans shall clearly note the maximum paved area
that occurs within the front yard setback. The Poway Municipal Code
requires that the paving within the front yard setback not exceed 50%.
(Fire Safety Services)
17. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 15-2, and City of Poway Ordinance No. 64 and its
amended Ordinance No. 526.
Resolution No. P-07-36
Page 18
18. Approved numbers or addresses measuring four to six inches in height
shall be placed on the building in such a position as to be plainly visible
and legible from the street fronting the property. Said numbers shall
contrast with their background. Address shall be required at private
driveway entrances.
19. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
20. Every building hereafter constructed shall be accessible to fire department
apparatus by way of access roadways with all-weather driving surface of
not less than 16 feet of unobstructed width, with adequate roadway turning
radius, capable of supporting the imposed loads of fire apparatus, and
having a minimum of 13 feet 6 inches of vertical clearance. The Fire Chief
pursuant to the City of Poway Municipal Code shall approve the road
surface type.
21. The barrier between Yukon Way and Reo Real Drive shall be a swing-type
gate arrangement. Bollards are disallowed.
22. Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of construction
and maintained at all times until construction is completed.
23. The addition of on-site fire hydrants is required. The City Fire Marshal
shall determine the location of the hydrants.
24. Prior to delivery of combustible building materials on-site, water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction of
the City.
J. The applicant shall comply with the following conditions prior to issuance of a
Certificate of Occupancy:
(Engineering)
1. Driveways, emergency access, drainage facilities, slope landscaping and
protection measures, and utilities shall be constructed, completed, and
inspected by the Engineering Inspector. Driveways shall be constructed in
accordance with Poway Municipal Code, Section 17.08.170D, and its
structural section shall be shown on the grading plan.
Resolution No. P-07-36
Page 19
2. An adequate drainage system around each building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
3. Trenches cut through the pavement of public streets shall be fully repaired
to the satisfaction of the City Engineer. The limits and details of trench
restoration shall be included on the improvement plans. Any street
moratorium already established or established prior to commencement of
trenching shall be observed. The City Engineer retains the right to require
street repair to include the grinding and overlay of existing pavement for
the full street width within the vicinity of any trenching in order to maintain
the pavement integrity.
4. The final pavement surface shall be free of gouges, patches, diesel spills,
or other defects to the satisfaction of the City Engineer prior to issuance of
a Certificate of Occupancy, prior to acknowledgement of completion and
prior to final acceptance of subdivision improvements.
5. Provisions for the ongoing maintenance of the common facilities,
including, but not limited to, landscaping, emergency vehicular access,
Standard Urban Stormwater Management Plan (SUSMP) facilities and
drainage facilities by all property owners shall be established. The
provisions shall be subject to the review and approval of the City.
6. The developer shall repair, to the satisfaction of the City Engineer, any
and all damages to the public road improvements caused by construction
activity from this project.
7. Record drawings for the improvement and grading plans, signed by the
engineer of work, shall be submitted to Development Services prior to a
request for occupancy, per Section 16.52.130B of the Grading Ordinance.
Record drawings shall be submitted in a manner to allow the City
adequate time for review and approval prior to issuance of occupancy and
the release of grading securities.
(Planning)
8. All manufactured slopes of greater than 5:1 slope and front and street side
yard areas shall be planted and irrigated. In accordance with the Poway
General Plan and the City of Poway Guide to Landscape Requirements,
the street trees required along the frontages of the subject lots shall be
planted and irrigated.
9. Solid rear and side yard fencing, having a minimum height of five feet and
not exceeding six feet, shall be installed.
Resolution No. P-07-36
Page 20
Section 8: The approval of Tentative Tract Map 06-06, DR 06-04 and Variance 07-02
shall expire on August 7, 2009, at 5:00 p.m. The Final Map conforming to this
conditionally approved Tentative Tract Map shall be filed with the City, so that the City
may approve the Final Map before this approval expires, unless, at least 90 days prior
to the expiration of the Tentative Tract Map, a request for a time extension is submitted
to the Development Services Department and a time extension is subsequently granted
by the City Council.
Section 9: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on August 7,2007.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 7th day of August 2007.
J;
ATTEST:
Resolution No. P-07-36
Page 21 .
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-07-36 was duly adopted by the City
Council at a meeting of said City Council held on the 7th day of August 2007 and that it
was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON
NOES: REXFORD
ABSENT: CAFAGNA
DISQUALIFIED: NONE
d; ~rMLec:LYcLv-
L. Diane Shea, City Clerk
City of Poway
EXHIBIT A
Resolution No. P-07-36
Page 22
MITIGATION MONITORING PROGRAM
FOR TTM 06-06, DR 06-04 AND VARIANCE 07- 02
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This mitigation monitoring program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non-compliance
situations, which may occur subsequent to project construction, will be addressed on a
case-by-case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
To ic
Biological
Miti ation Measure
Provide mitigation, to the satisfaction of
the Director of Development Services,
consistent with the Poway Habitat
Conservation Plan, and mitigate impacts
to approximately 3 acres of disturbed
non-native grassland habitat at a 1: 1
ratio. This mitigation shall be through
the dedication of an offsite Biological
Conservation Easement preserving
comparable undisturbed and
unencumbered habitat, and/or by the
payment of In-Lieu Fees at the
established rate. Presently, the In-Lieu
Fee rate is $10,000 per acre. Mitigation
of project impacts to approximately
0.043 acres of disturbed wetland habitat
shall be as follows: (1) preservation and
enhancement of approximately 0.037
acres of non-impacted, onsite disturbed
wetland habitat, and offsite mitigation of
approximately 0.043 acres of disturbed
wetland habitat at a 1: 1 ratio through
removal of invasive ve etation arrundo
Timin
Prior to
clearing or
Grading
Permit
Issuance,
whichever
occurs first.
Topic
Traffic
Cultural
Resources
MitiQation Measure
from the creek area (Rattlesnake
Creek/Poway Creek) located upstream
from the subject project"; or (2) complete
mitigation for impacts to all of the onsite
(0.080 acres) disturbed wetland habitat
at a 2:1 ratio through removal of invasive
vegetation (arrundo) from the creek area
(Rattlesnake Creek/Poway Creek),
located upstream from the subject
project. The necessary permits, notices
and approvals shall be obtained from the
Army Corps of Engineers, California
Department of Fish and Game, and the
Regional Water Quality Control Board
for any impacts to jurisdictional waters or
wetlands.
1. The developer shall submit
improvement plans that provide for a
southbound right-turn lane from
Community Road to Metate Lane. The
right-turn lane shall be constructed by
the developer.
2. The improvement plan design shall
note traffic control signage, which shall
include:
a. An all-way stop at Metate Lane and
the project access street; and
b. Signage for speed reduction to 25
miles per hour along Metate Lane, to
the satisfaction of the City Traffic
Enqineer.
An archaeological monitor shall be
present during grading operations.
Resolution No. P-07-36
Page 23
Timing
Mitigation
measure 1,
2(a) and 2(b)
shall be
shown on the
project
grading plan
and
constructed
prior to
certification of
occupancy.
Prior to
clearing or
Grading
Permit
issuance,
whichever
occurs first.
Responsibility
Applicant
Applicant