Res P-07-43
RESOLUTION NO. P-07-43
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A TIME EXTENSION FOR
TENTATIVE TRACT MAP 01-02TE
APN: 316-071-06
WHEREAS, on July 5, 2005, the City Council approved Tentative Tract Map
(TIM) 01-02, along with a Mitigated Negative Declaration and associated Mitigation
Monitoring Program, a 5-lot subdivision of an approximately 5.6-acre site located at the
southern terminus of Cobblestone Creek Road, in the Rural Residential C zone; and
WHEREAS, on September 4,2007, the City Council held a public hearing on the
applicants request for an additional one-year time extension for the project; 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: Pursuant to Section 15162 of the California Environmental Quality Act
Guidelines, additional environmental review or notice is not required since the project is
within the scope of the Mitigated Negative Declaration that was approved in conjunction
with the original project on July 5, 2005.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a
Biological Assessment and Tree Inventory Report were completed for the onsite and
offsite improvements by Vincent N. Scheidt, Biological Consultant, dated March 22,
2005, for the project. The biological report concluded that the project would impact
isolated patches of low-quality Diegan Coastal Sage Scrub that are scattered on the
northern and southern portion of the property. Cumulatively, the isolated patches cover
approximately 0.13 acres and would be mitigated at a 2:1 ratio. The mitigation would be
accomplished through the recordation of an offsite Biological Conservation Easement of
0.26 acres of Coastal Sage Scrub habitat within the Mitigation Area, or the payment of
an In-Lieu Fee at a rate established by the City. Currently, the fee is $10,000 per acre.
In accordance with the Poway HCP, the required findings for approval of the proposed
mitigation for the removal of patches of habitat for TTM 01-02 are as follows:
A. The mitigation is consistent with and furthers the implementing objectives of the
Poway HCP in that the applicant will mitigate the removal of disturbed native
vegetation at a 2:1 ratio through the recordation of an offsite Biological
Conservation Easement within the Mitigation Area or the payment of an In-Lieu
Fee at a rate established by the City.
Resolution No. P-07-43
Page 2
B. Offsite habitat mitigation or the cash in-lieu payment will go towards the purchase
of mitigation habitat within the Mitigation Area and would enhance the long-term
viability and function of the preserve system.
C. The mitigation will be to the long-term benefit of the covered species and their
habitats in that an offsite Biological Conservation Easement within the Mitigation
Area would be recorded or a cash In-Lieu Fee will be paid to go towards the
purchase of land that will have undisturbed habitat on which a Biological
Conservation Easement will be recorded. Said land will promote a meaningful
addition to the assembly of a viable regional system of interconnected natural
habitat resources, habitat linkages, buffers, and wildlife corridors.
D. The mitigation shall foster the incremental implementation of the Poway HCP in
an effective and efficient manner in that any offsite conservation area is required
to be within an identified Mitigation Area within the City.
E. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the Poway HCP.
Section 3: The findings in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for the revisions to Tentative Tract Map
01-02, are made as follows:
A. The Tentative Tract Map is consistent with the General Plan in that it proposes to
create five 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 for the Rural Residential C zone.
C. The site is physically suitable for the type of development and the density
proposed in that the site is large enough to provide five residential lots, with
dimensions that are in keeping with the General Plan and Zoning Ordinance
standards.
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 removal of isolated patches of Costal Sage Scrub will be
mitigated offsite within the Mitigation Area or the payment of an In-Lieu Fee.
Impacts to wetlands habitat will be avoided by installing the water main using a
pipe bursting technique and by installing the sewer main under the creek using a
directional boring technique.
E. The Tentative Tract Map is not likely to cause serious public health problems as
existing City water mains will be upsized, and a new sewer service will be
Resolution No. P-07-43
Page 3
provided to the property to serve the new development and other homes in the
neighborhood.
F. The design of the Tentative Tract Map will not conflict with any easement by the
public at large, now of record, for access through or use of the property within the
proposed subdivision.
Section 4: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the 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. Public waterline and access easement(s) over, along and across the
entire proposed private street from Poway Road to and including the
subdivision. In addition, should the fire hydrants be located outside this
area, an additional water line easement, a minimum of 20 feet wide shall
also be dedicated.
2. A public trail and sewer easement, with access rights to both, shall be
dedicated to the City.
3. An offsite sewer easement with access rights from Boulder View Road to
the Subdivision shall be dedicated to the City.
4. Access easement to Lot "An, from the existing private street.
5. Lot "An shall be dedicated in fee to the City for sewer pump station
purposes.
Section 5: The City Council hereby approves a one-year time extension for TTM
01-02. Conditions of Approval contained in Resolution P-05-49 remain in effect.
Section 6: The approval of Tentative Tract Map 01-02TE expires on July 5, 2008, 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.
Resolution No. P-07-43
Page 4
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 4th day of September 2007.
ATIEST:
(7;~/I/N-~
L. Diane Shea, City Clerk
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-07-43 was duly adopted by the City
Council at a meeting of said City Council, held on the 4th day of September 2007, and
that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
BOYACK, HIGGINSON, CAFAGNA
NONE
EMERY, REXFORD
DISQUALIFIED:
NONE
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L. iane Shea, City Clerk
City of Poway