Res P-07-44
RESOLUTION NO. P-07-44
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A TIME EXTENSION FOR
TENTATIVE TRACT MAP 02-02TE
APN: 277-080-09
WHEREAS, on October 11,2005, the City Council approved Tentative Tract Map
(TTM) 02-02, along with a Mitigated Negative Declaration and associated Mitigation
Monitoring Program, for a 16-lot subdivision of approximately 122 acres, consisting of
10 residential lots, four open space lots, one private road lot, and one water reservoir
lot, located near the eastern terminus of Valley View Road, east of Old Coach Road, in
the Rural Residential A (RR-A) zone; and
WHEREAS, on September 11, 2007, the City Council held a public hearing on
the applicants request for a 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, any 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 October 11, 2005.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a
biological report by REC Consultants (dated October 2003) was submitted for the
property. Project development will permanently impact approximately 13.8 acres of
habitat, consisting of Coastal Sage Scrub (CSS) and Southern Mixed Chaparral (SMC),
located on property inside of the Mitigation Area, and partially within the Biological Core
Linkages Area, and near Proposed Resource Protection Area PRPA 4a and the Mount
Beatrice Cornerstone of the Poway HCP. In accordance with the Poway HCP, the
required findings for approval of the proposed mitigation for the removal of habitat for
Tentative Parcel Map 02-02 are as follows:
A. The proposed project is inside of the Mitigation Area of the Poway HCP. Per
the HCP, habitat impact mitigation is required at the rate of 2:1 for CSS and
Southern Mixed Chaparral. Accordingly, 26.22 acres is required mitigation
for impacting 13.11 acres of CSS and 11.18 acres is required for impacting
5.59 acres of Southern Mixed Chaparral, for an overall total of 37.40 acres of
mitigation. No mitigation is required for the existing dirt roads classified as
Disturbed Habitat. The applicant is proposing that 37.40 acres of habitat be
placed in an onsite Biological Conservation Easement (BCE) as required
mitigation. An Open Space Easement will be placed over the remaining
Resolution No. P-07-44
Page 2
undeveloped portion of the land to protect the native habitat in perpetuity.
Therefore, the mitigation is consistent with and furthers the implementing
objectives of the Poway HCP.
B. Preservation of such habitat within the Mitigation Area, and/or payment of In-Lieu
Fees will contribute toward the building of the ultimate total Mitigation Area
preserve system of the HCP. Therefore, such habitat preservation will serve to
enhance the long-term viability and function of the preserve system.
C. The habitat preserved through onsite dedication will be to the long-term benefit
of the Poway Subarea Habitat Conservation Plan (PSHCP) covered species
and their habitats in that the recordation of a Biological Conservation Easement
over undisturbed and unencumbered habitat 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 onsite conservation
area(s) are within an identified Mitigation Area within the City and will likewise
contribute towards assembling the total Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will
be dedicated to the City of Poway in fee title and/or placed within permanent
public Biological Conservation Easements.
Section 3: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Tract Map 02-02, are made
as follows:
A. The Tentative Tract Map is consistent with the General Plan in that it proposes
to create 10 residential parcels, in a "lot averaged" subdivision, ranging in size
from 4 to 8 net acres, on an approximate 122-acre site, that comply with the
density limits and minimum lot size standards for the RR-A zone contained in
the General Plan and Poway Municipal Code.
B. The design and improvements required of the Tentative Tract Map are consistent
with the General Plan, in that the approved lot sizes and configurations adhere
to the development standards for the Rural Residential A zone, and water line
improvements comply with City design standards.
C. The site is physically suitable for the type of development and the density
proposed in that the proposed subdivision complies with the density limitations
and minimum lot size standards of the General Plan and Poway Municipal Code.
Resolution No. P-07-44
Page 3
D. The design of the Tentative Tract Map is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or their
habitat in that the anticipated impacts to biological resources will be mitigated
onsite to a level of insignificance.
E. The Tentative Tract Map is not likely to cause serious public health problems
as City water service, in a looped system, will be provided to the site by
the developer and the project's septic system will be designed to comply with
City and/or County of San Diego Department of Environmental Health standards.
F. The design of the Tentative Tract Map will not conflict with any easement by the
public at large, now of record, for access through or use of the property within
the proposed subdivision.
Section 4: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
A. The design and improvements of the proposed development are consistent
with all elements of the General Plan, as well as City Ordinances, because
all necessary services and facilities will be available to serve the project. The
construction of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
1. Roadway improvements onsite, and leading to the site from Valley View
Road, will be constructed.
2. A looped water line from the existing line in Old Coach Road will be
constructed to serve the development.
3. The construction of a 500,000-gallon water reservoir, and onsite and
offsite improvements will be made to provide water service to the
development.
4. Onsite drainage improvements will be constructed to handle the surface
water runoff.
5. Fire hydrants will be constructed to serve the development and provide
fire protection.
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 a one-year time extension for TTM
02-02. Conditions of Approval contained in Resolution P-05-65 shall remain in effect.
Resolution No. P-07-44
Page 4
Section 6: The approval of Tentative Tract Map 02-02TE expires on October 11,
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.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 11th day of September 2007.
ATTESThtiM'-<- ~L
~"e Shea, C;~ Cle,k
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-07-44 was duly adopted by the City
Council at a meeting of said City Council, held on the 11th day of September 2007, and
that it was so adopted by the following vote:
AYES:
NOES:
BOYACK,EMERY,REXFORD,CAFAGNA
NONE
ABSENT:
HIGGINSON
DISQUALIFIED:
NONE
~a~~
City of Poway