Res P-09-20
RESOLUTION NO. P-09-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 01-02TE(2)
APN: 316-071-06
WHEREAS, on July 5, 2005, the City Council approved Tentative Tract Map
(TTM) 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 approved TTM 01-02TE, to
grant the applicant a one-year time extension for the project until July 5, 2008; and
WHEREAS, California State Senate Bill 1185 provided an automatic, one-year
extension of the project approval to July 5, 2009; 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 01-02TE(2) are as follows:
A. The mitigation is consistent with and furthers the implementing objectives of the
Poway Hep 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-09-20
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.
e. 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 Hep 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 Tentative Tract Map 01-02TE(2), 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.
S. 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 or avoidable injury to humans and wildlife or their habitat
in that the removal of isolated patches of Coastal 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-09-20
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 protectthe 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 eity.
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 "A", from the existing private street.
5. Lot "A" shall be dedicated in fee to the eity for sewer pump station
purposes.
Section 5: The City Council hereby approves a one-year time extension for TTM
00-02RTE. Conditions of approval contained in Resolutions P-05-49 and P-07-43
remain in effect.
Section 6: The approval of Tentative Tract Map 00-02TE(2) expires on July 5, 2010,
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-09-20
Page 4
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 7th day of July 2009.
~~
Don Higginson, Mayor
ATTEST:
Un'cla . Troyan, MMC, eity lerk
Resolution No. P-09-20
Page 5
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMe, City elerk of the eity of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P- 09-20 was duly adopted by the
City Council at a meeting of said City Council, held on the 7th day of July 2009, and that
it was so adopted by the following vote:
AYES BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
lerk