Res P-10-11RESOLUTION NO. P -10 -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 09 -02
ASSESSOR'S PARCEL NUMBER 277 - 020 -18
WHEREAS, a request for a Tentative Parcel Map (TPM 09 -02) to subdivide a
17.89 -acre parcel into two minimum 8 net acre lots was submitted by Gary Sabin,
Applicant/Owner; and
WHEREAS, the subject property is located at 18540 Wild Horse Creek Road,
within the Rural Residential A zone: and
WHEREAS, on March 16, 2010, 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 : An Environmental Initial Study (EIS) was completed for the project. It was
determined that while the project will not have a significant adverse impact on the
environment, there could be potential impacts in the areas of biological resources. All
anticipated impacts, however, can be mitigated to a level of less than significant. The
City Council, therefore, finds that all of the potential environmental impacts can be
mitigated to a less than significant level and hereby approves a Mitigated Negative
Declaration (MIND) for the project.
Section 2 : A Biological Resources Report was prepared for the project by RC
Biological Consultants (dated October 2009). The report indicates that the 17.89 -acre
site contains 13.36 acres of Diegan Coastal Sage Scrub and 0.08 acres of Mixed Oak
Woodlands, for total of 13.44 acres of natural habitat on the site. Approximately 3.07
acres of the site is developed and 0.75 acres is ruderal vegetation. The existing home
and the amount of existing developed area on the site predates adoption of the Poway
Subarea Habitat Conservation Plan (HCP). Ultimate construction of another single -
family home on the site will result in the removal of up to 2 acres of Coastal Sage Scrub.
The removal of 2 acres of habitat associated with the additional home that will be
ultimately constructed on the lot created by this subdivision complies with the HCP's 2-
acre per lot limit. After the habitat removal for the new home, 11.44 acres of habitat will
remain on the site.
The site is located inside of the HCP Mitigation Area and the west/southwest portion of
the site is within the Biological Core and Linkages Area (BCLA) and Proposed Resource
Protection Area (PRPA) 4a. Pursuant to the HCP, the project is required to mitigate
impacts to 2 acres of CSS at a 2:1 ratio, for a total mitigation requirement of 4 acres.
This mitigation will be required onsite through preservation in a Biological Conservation
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Easement (BCE) of 4 acres of the remaining 11.44 acres of onsite habitat. The balance
of the remaining onsite habitat (7.44 acres) will be placed within an Open Space
Easement. Preservation of 11.44 acres of the 13.44 acres of the onsite habitat equates
to 85% preservation, which exceeds the 80% preservation goal of the HCP for this
property.
The proposed project complies with the HCP and HCP Implementing Agreement. In
accordance with the HCP, the required findings for approval of the proposed mitigation
for the removal of CSS for the project are as follows:
A. The project site is inside of the Mitigation Area of the HCP. The mitigation is
consistent with and furthers the implementing objectives of the HCP in that the
applicant will mitigate impacts to habitat at prescribed ratios in the HCP for a total
mitigation requirement of 4 acres. Mitigation will be achieved through
preservation of remaining habitat onsite, which is in the Mitigation Area, through
a Biological Conservation Easement (BCE) to be recorded on the site.
B. Preservation of such habitat within the Mitigation Area 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 preservation will be to the long -term benefit
of the HCP covered species and their habitats in that the recordation of a BCE
over habitat (see "A" above) 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 HCP in an
effective and efficient manner in that the preservation of onsite conservation
area(s) will be within an identified Mitigation Area within the City, and contribute
toward 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 HCP, as the subject mitigation lands will be
dedicated to the City of Poway in fee title and /or placed within a permanent BCE.
Section 3 : The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 09 -02, are made
as follows:
A. The Tentative Parcel Map is consistent with the General Plan in that it proposes
to create two residential lots at densities consistent with the General Plan and
Poway Municipal Code designations.
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B. The design and improvements required of the Tentative Parcel Map are
consistent with the General Plan, in that the approved lot sizes and
configurations adhere to the development standards of the General Plan and
Poway Municipal Code.
C. The site is physically suitable for the type of development and the density
proposed, in that the site is large enough to provide two lots of regular shape and
dimension.
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 habitat impact mitigation is being required of the project.
E. The approval is not likely to cause serious public health problems in that City
water service is available to the site.
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
subdivision in that the development of a single - family residence on the proposed
new lot can be accommodated without obstructing or otherwise impacting
existing easements.
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. A fire hydrant will be provided in conjunction with development of a single -
family home on Parcel 2.
Section 5 : The City Council hereby approves Tentative Parcel Map 09 -02, to allow
the subdivision of a 17.89 -acre parcel into two minimum 8 net acre lots, as shown on
the Tentative Parcel Map dated January 5, 2010, subject to the following conditions:
A. This approval does not include the construction of any future single - family
residence. A separate approval for the home design and footprint shall be
applied for through the Minor Development Review Application process prior to
issuance of a Building Permit.
B. Approval of this request shall not waive compliance with any section of the
Zoning Ordinance or other applicable City Ordinance in effect at the time of
Building Permit issuance.
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C. This approval is based on the existing site conditions represented on the
Tentative Parcel Map. If actual conditions vary from representations, the map
must be changed to reflect the actual conditions. Any substantial changes to the
approved Tentative Parcel Map, prior to Parcel 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 Noise Ordinance
requirements that govern construction activity and noise levels.
E. Within 30 days of this approval, the applicant shall submit in writing that all
conditions of approval have been read and understood
F. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation - related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
G. Prior to Parcel Map approval, unless other timing is indicated, the following
conditions shall be complied with.
(Engineering)
1. The applicant shall have plans submitted and approved, agreements
executed and securities posted or shall complete the following:
The applicant shall include provisions in their design contract with their
design consultants that following acceptance by the City, all construction
drawings or technical reports accepted by the City, exclusive of
architectural building plans, shall become the property of the City. Once
accepted, these plans may be freely used, copied or distributed by the
City to the public or other agencies as the City may deem appropriate. An
acknowledgement of this requirement from the design consultant shall be
included on all construction drawings at the time of plan submittal.
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(Planning)
2. Prior to final map approval, the applicant shall mitigate impacts to 4 acres
of Coastal Sage Scrub at ratios prescribed in the HCP for a total mitigation
requirement of 4 acres. The mitigation requirement will be achieved by
recordation of a BCE over 4 acres of remaining habitat on the site, which
is in the Area. A legal description and plat of the BCE area shall
be prepared and stamped by the project engineer and submitted to the
Planning and Engineering Divisions for review. Easement review fees are
required and are the responsibility of the applicant. The BCE shall be
approved by the City Attorney, and shall be notarized and recorded with
the County of San Diego, In compliance with the HCP, the City shall
subsequently re -zone the mitigation land to Open Space- Resource
Management to ensure its permanent preservation. The BCE limits shall
be shown on the grading plan and on the Final Map. The applicant shall
be responsible for installing City- issued signs to be posted on the site
identifying the limits of the BCE upon establishment of the BCE.
(Public Works)
3. A 10- foot -wide public trail easement is to be shown on the Final Map as
shown on the approved TPM 09 -02.
H. Prior to Grading Permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. All spoil materials from footings and foundations shall be legally disposed
of offsite unless a Grading Permit for placement of the materials is
obtained from the Department of Development Services — Engineering
Division prior to placement or the applicant has received verification from
the Department in writing that no permit is required.
2. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on
the site plan and be appropriately sized for the proposed level of
development.
3. Submit a precise grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City project engineer, in accordance with the submittal
and content requirements listed herein. Submittal shall be made to the
Department of Development Services — Engineering Division for review
and approval. The grading design shall be 100% complete at the time of
submittal, ready for approval and issuance of permit. Incomplete
submittals will not be accepted. The first submittal of the plans shall be by
appointment only.
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SUBMITTAL REQUIREMENTS:
a) Transmittal letter.
b) Plan check fees (contact City project engineer).
C) Completed Grading Permit application, signed by the property
owner.
d) Eight copies of the grading plans.
e) Three copies of a preliminary soils /geotechnical report, prepared by
an engineer licensed by the State of California to perform such
work, shall be submitted with the grading plan.
f) Two copies of Preliminary Cost Estimate.
g) Two copies of the project's Drainage Study.
h) One copy of the approved project conditions of approval.
i) One copy of reference maps or plans used for design of the site.
j) One copy of a current Preliminary Title Report (must be dated
within six months of the plan submittal date) and one copy of all
easement documents referenced in the report. All copies must be
clear and legible, faxed copies are usually not sufficient.
k) Two copies of a Water Quality Technical Report updated based on
the final design.
1) Two copies of the Storm Water Pollution Prevention Plan.
CONTENT REQUIREMENTS:
As a minimum, the grading plan shall show the following:
a) Driveways, in compliance with the specifications provided in
Section 17.08.170D of the Poway Municipal Code (PMC), and
including minimum structural sections together with their elevations
and grades.
b) A separate erosion control plan for prevention of sediment runoff
during construction.
C) Low Impact Development (LID) measures and strategies that will
emphasize conservation and the use of onsite natural features
combined with engineered hydrologic controls to more closely
reflect pre - development hydrologic functions. This includes
maximizing infiltration, providing retention, slowing runoff,
minimizing impervious footprint, directing runoff from impervious
areas to landscaping, and constructing impervious surfaces to
minimum possible widths.
d) All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved Encroachment
Agreement/Permit.
e)
1,
anv installation work
f) All new slopes, with the maximum allowable slope of 2:1 (horizontal
to vertical). Tops and toes of graded slopes shall be shown with a
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minimum five -foot setback from open space areas and property
lines. Building setbacks from slopes shall conform to PMC
16.50.090.
g) The location of environmentally sensitive areas or other areas that
are to be protected during grading operations.
h) Method of roof drainage for any proposed buildings.
4. Water Quality Control — Drainage and Flood Damage Prevention
a. Provide three copies of a Drainage Study prepared by a registered
Civil Engineer, with demonstrated expertise in drainage analysis
and experience in fluvial geomorphology and water resources
management. A storm drainage conveyance system shall be
designed to adequately convey storm water runoff without damage
or flooding of surrounding properties or degradation of water
quality. The study shall use the 100 -year storm frequency as the
design frequency for the drainage conveyance system. The
drainage system, based on this design criteria, shall 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.
Said system shall identify all easements, on and offsite, required to
properly handle the drainage. Concentrated flows across driveways
are not permitted.
b. The drainage study shall identify and calculate storm water runoff
quantities expected from the site and upstream of the site, and
verify the adequacy of all onsite or offsite facilities necessary to
discharge this runoff. The drainage system design shall be capable
of collecting and conveying all surface water originating within the
site, and surface water that may flow onto the site from upstream
lands, in accordance with City of Poway standards, and be based
on full development of upstream areas.
C. As part of the drainage study, a field reconnaissance to observe
and report on downstream conditions, including undercutting
erosion, slope stability, vegetative stress (due to flooding, erosion,
water quality degradation, or loss of water supplies) and the area's
susceptibility to erosion or habitat alteration as a result of an altered
flow regime.
d. The drainage study shall compute rainfall runoff characteristics
from the project area including, at a minimum, peak flow rate, flow
velocity, runoff volume, time of concentration, and retention volume.
These characteristics shall be developed for the 2 -year, 10 -year
and 100 -year frequency six -hour storm during critical hydrologic
conditions for soil and vegetative cover. Storm events shall be
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developed using isopluvial maps and in accordance with the San
Diego County Hydrology Manual. The drainage shall report the
project's conditions of concern based on the hydrologic and
downstream conditions discussed above. Where downstream
conditions of concern are identified, the drainage study shall
establish that pre - project hydrologic conditions affecting
downstream conditions of concern would be maintained by the
proposed project, satisfactory to the City, by incorporating in the
site design, source control, and treatment control requirements
identified in the approved project Standard Urban Storm Water
Mitigation Plan (SUSMP).
5. Water Quality Control — Design and Construction
a. Provide two copies of a Water Quality Technical Report (WQTR)
prepared to address the design requirements of the City of Poway's
SUSMP Ordinance. The SUSMP requirements are applicable to the
entire site and, as such, the entire site shall be designed to
accommodate water for water quality treatment. All SUSMP
requirements developed in the approved WQTR shall be
incorporated into the project design.
b. The project design shall incorporate Low Impact Development (LID)
and site design Best Management Practices (BMPs) to minimize
directly connected impervious areas and to promote infiltration
using LID techniques as outlined in the County of San Diego's LID
handbook. Parking areas shall be designed to drain to landscape
areas. Private roads shall be designed to drain to vegetated swales
or landscaped areas.
C. Develop and implement appropriate BMPs to ensure to the
maximum extent practicable (MEP) that the project does not
increase pollutant loads from the site. A combination of respective
storm water BMPs, including Site Design, Source Control and
Structural Treatment Control after the pollutants and conditions of
concern have been identified, shall be implemented in accordance
with the approved SUSMP. The pollutants and condition of
concerns shall be evaluated from the project's drainage study
report and included in the WQTR.
d. Design Structural Treatment Control BMPs in accordance with the
City of Poway's SUSMP Ordinance. In accordance with the San
Diego Regional Water Quality Control Board Order No. R9 -2007-
0001 (San Diego Municipal Storm Water Permit), volume or flow
based BMPs shall be designed infiltrate, filter or treat the volume of
runoff produced by the 85 percentile 24 -hour rainfall or the
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maximum flow rate of runoff produced by the 85 percentile hourly
rainfall intensity. Chapter 16.107 PMC addresses treatment control
design requirements. Structural treatment control shall be of high or
medium removal efficiency for the primary pollutants of concern.
Controls that provide low removal efficiency should not be used.
e. Provide two copies of an Operation & Maintenance (O &M) plan in
accordance with Chapter 16.108 PMC. A Storm Water
Management Facilities Maintenance Agreement accepting
responsibility for all structural BMP maintenance, repair and
replacement as outlined in said O &M plan binding on the land
throughout the life of the project shall be recorded prior to issuance
of a building permit.
f. The study shall evaluate the project's pollutants and conditions of
concern in accordance with Chapter 16.103 PMC - SUSMP
Ordinance. The analysis shall consider the project area's location
(from the larger watershed perspective), topography, soil and
vegetation conditions, percent impervious area, natural
infrastructure drainage features, wet season groundwater depth
and any other relevant hydrologic and environmental factors to be
protected specific to the project area's watershed.
g. As part of the study, a qualified, licensed professional shall provide
a report on proposed infiltration techniques (trenches, basins, dry
wells, permeable pavements with underground reservoir for
infiltration) regarding any potential adverse geotechnical concerns.
Geotechnical conditions such as: slope stability, expansive soils,
compressible soils, seepage, groundwater depth, and loss of
foundation or pavement subgrade strength should be addressed,
and mitigation measures provided.
6. Water Quality Control -- Construction Storm Water Management
Compliance
7.
a. Provide proof of coverage under the General Permit for Discharges
of Storm Water Associated with Construction Activity (Construction
General Permit, 99- 08 -DWQ) prior to start of construction. This
project disturbs one or more acres of soil or disturbs less than one
acre but is part of a larger common plan of development that in total
disturbs one or more acres. Construction activity subject to this
permit includes clearing, grading and disturbances to the ground
such as stockpiling or excavation. Proof of filing of a Notice of Intent
(NOI) and an assigned Waste Discharge Identification Number
shall be submitted to the Department of Development Services,
Engineering Division prior to issuance of the Grading Permit.
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b. Provide two copies of a Construction Storm Water Pollution
Prevention Plan (SWPPP) as required by the Construction General
Permit. The Construction SWPPP should contain a site map(s)
which shows the construction site perimeter, existing and proposed
buildings, lots, roadways, storm water collection and discharge
points, general topography both before and after construction, and
drainage patterns across the project. The Construction SWPPP
must list BMPs the applicant will use to protect storm water runoff
and the placement of those BMPs. Section A of the Construction
General Permit completely describes the elements that must be
contained in a Construction SWPPP.
8. Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City prior to grading plan
approval. A minimum cash security for erosion control of $2,000 is
required.
9. Following approval of the grading plans, posting of securities and fees,
and receipt of three copies of the approved plans, the applicant shall
attend a pre- construction meeting at the Department of Development
Services. The scheduling request shall be submitted on a standard City
form available from the City's Project Engineer. The applicant's action plan
that identifies measures to be implemented during construction to address
erosion, sediment and pollution control will be discussed. Compliance for
sediment control shall be provided using the following guidelines, as
directed by the Project Inspector:
a. Provision of an onsite de- silting basin with a minimum volume of
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 a
minimum of three inches of water over all disturbed areas prior to
discharge, effectively creating a de- siltation basin from the pad.
d. Covering of all disturbed slopes prior to a forecast rain event with a
50% or greater probability of precipitation.
10. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing or grading. As a minimum, all
protected areas as shown on the approved grading plans are to be staked
under the direction of a licensed land surveyor or licensed civil engineer
and delineated with lathe and ribbon. As applicable, provide two copies of
a written certification, signed and sealed in accordance with the Business
Resolution No. P -10 -11
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and Professions Code, by the engineer of record stating that all protected
areas have been staked in accordance with the approved plans.
(Planning)
11. A Minor Development Review Application shall be approved before
Grading Permit issuance. The MDRA requirements shall be complied with
as established in the MDRA approval.
12. Prior to issuance of a Grading Permit or an Administrative Clearing Permit
associated with construction of a new single family home on Lot 2, the
applicant shall record an Open Space Easement (OSE) over remaining
habitat on the site which is outside of the area to be placed in the required
Biological Conservation Easement, the existing developed area, and the
area to be developed for the additional single- family home on the lot as
shown on the approved concept grading plans on file with the City. A legal
description and plat of the OSE area shall be prepared and stamped by
the project engineer, and submitted to the Planning and Engineering
Divisions for review. Easement review fees are required and are the
responsibility of the applicant. The OSE shall be approved by the City
Attorney, and shall be notarized and recorded with the County of San
Diego.
13. In accordance with Condition H of the Poway HCP 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, grading during this time frame will only
be permitted subject to the following conditions having been met to the
satisfaction of the Director of Development Services.
a. 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 U.S.
Fish and Wildlife Service ( USFWS), are implemented. There is no
guarantee that grading will be allowed to resume during nesting
season.
b. Before issuance of a Clearing /Grading Permit, 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 a CSS habitat
and Gnatcatcher Survey, and a report for the area to be cleared
and /or graded and CSS habitat areas within 500 feet of such area.
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 in CSS habitat within 500 feet of such area. To be
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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 proposed Gnatcatcher nest monitoring
activities during the clearing /grading operation.
C. Should the report show, to the satisfaction of the Director of
Development Services, that Gnatcatcher nests are not present
within the area to be graded /cleared, or within CSS habitat located
within 500 feet of said area, approval may be granted to commence
clearing /grading within the Gnatcatcher nesting season from
February 15 through July 1.
d. If Gnatcatchers are present within the area to be graded /cleared, or
within CSS habitat located within 500 feet of said area, no grading
will be allowed during this time.
e. The biologist must attend the City's preconstruction meeting for the
project and must be present onsite during all clearing /grading
activities to monitor that the clearing /grading activities stay within
the designated limits. During this period, the biologist shall also
monitor and survey the habitat, on a daily basis, within the area to
be cleared /graded and any habitat within 500 feet of said area for
any evidence that a Gnatcatcher nest(s) exists or is being built.
Weekly monitoring summaries shall be submitted to the Planning
Division. Should evidence of a Gnatcatcher nest(s) be discovered,
the grading operation shall cease in that area and be directed away
from the Gnatcatcher nest(s) to a location greater than 500 feet
away from the nest(s). If grading is required to stop due to the
presence of active nests, the applicant shall be required to provide
erosion control to the satisfaction of the City Engineer. This
paragraph must be included as a note on the cover sheet of the
clearing /grading plan.
f. At a minimum, all protected biological areas, as shown on the
grading plan, shall be staked by a licensed surveyor, and
delineated with lathe and ribbon. The applicant shall have said
staking inspected by the Engineering Inspector prior to any grading,
clearing, or grubbing. 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.
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g. The biologist shall provide the City with written confirmation that the
limits of clearing /grading are in accordance with the project's
Biological Resource Assessment.
h. Upon completion of the clearing /grading activities, the applicant's
biologist shall submit to the Director of Development Services a
biological monitoring report summarizing the daily observations of
the biologist, including whether any Gnatcatchers or evidence of
active Gnatcatcher nests were present during clearing and grading
activities within the area and any habitat within 500 feet of said
area.
I. Prior to Building Permit issuance, the applicant shall comply with the following:
1. The Parcel Map for TPM 09 -02 shall be recorded and a mylar copy of the
recorded map shall be provided to the City.
2. Prepare improvement drawings showing the improvement of the access
road off of Wild Horse Creek to meet rural road standards for the portion
of the roadway serving 3 parcels or more as specified in Section 12.20120
of the PMC. The road width may be reduced to 16' wide for the portion of
the driveway serving 2 or fewer parcels.
3. Submit improvement plans prepared on a City of Poway standard sheet at
a scale of V = 20', unless otherwise approved by the City project
engineer, in accordance with the submittal and content requirements listed
herein. Submittal shall be made to the Development Services Department
-- Engineering Division for review and approval. The improvement design
shall be 100% complete at the time of submittal and ready for approval.
Incomplete submittals will not be accepted. The first submittal of the plans
shall be by appointment only.
SUBMITTAL REQUIREMENTS:
a) Transmittal letter.
b) Plan check fees (contact City project engineer).
C) Completed Grading Permit application, signed by the property
owner.
d) Seven copies of the improvement plans.
e) Three copies of a preliminary soils /geotechnical report, prepared by
an engineer licensed by the State of California to perform such
work, shall be submitted with the grading plan.
f) Two copies of Preliminary Cost Estimate.
g) Two copies of a drainage study using the 100 -year storm frequency
as the design criteria. The drainage system, based on this design
criteria, shall be capable of handling and disposing all surface water
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within the project site and all surface water flowing onto the project
site from adjacent lands. Said system shall include all easements,
on and offsite, required to properly handle the drainage as
necessary. Concentrated flows across driveways are not permitted.
h) One copy of the approved project conditions of approval.
i) One copy of reference maps or plans used for design of the site.
j) One copy of a current Preliminary Title Report (must be dated
within six months of the plan submittal date) and one copy of all
easement documents referenced in the report. All copies must be
clear and legible, faxed copies are usually not sufficient.
k) Two copies of the Tentative Map.
1) Two copies of the Storm Water Pollution Prevention Plan.
4. The site shall be developed in accordance with the approved grading
plans on file in the Development Services Department and the conditions
contained herein. Grading 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.
5. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 1 to April 30. The
developer shall maintain all erosion control devices throughout their
intended life.
6. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector and
the project's geotechnical engineer. Following completion of rough
grading, please submit the following:
a) Three copies of certification of line and grade for the lot, prepared
by the engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City
7. Prior to start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
Resolution No. P -10 -11
Page 15
8. The project requirements for fire protection call for the installation of one
or more fire hydrants and expansion of the public water system necessary
to support the installation of the hydrants. A water system analysis is
required for final design of the proposed public water system expansion.
Applicant shall pay for the cost of preparing the analysis prior to submittal
of improvement plans.
9. The applicant shall pay all applicable development impact fees in effect at
time of payment.
10. Applicant shall execute and record a Storm Water Management Facilities
Maintenance Agreement accepting responsibility for all structural BMP
maintenance, repair, and replacement as outlined in the Operations and
Maintenance plan included in the agreement. The operation and
maintenance requirements shall be binding on the land throughout the life
of the project.
J. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
11. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
12. Record drawings, 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 release of grading securities.
At least three weeks prior to a request for occupancy is recommended.
K. The following shall be completed to the satisfaction of the Fire Marshal:
13. A fire hydrant and all weather emergency vehicle access, as specified in
the conditions of approval stated above, shall be provided in conjunction
with development of the single - family home. on Parcel 2.
Section 6 : The approval of Tentative Parcel Map 09 -02 expires on March 16, 2012,
at 5:00 p.m. The Parcel 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.
Resolution No. P -10 -11
Page 16
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 March 16, 2010.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 16 day of March 2010.
Don Higginson, Mayor
ATTEST:
Resolution No. P -10 -11
Page 17
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No. P -10 -011 was duly adopted by the
City Council at a meeting of said City Council held on the 16 day of March 2010 and
that it was so adopted by the following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSENT: None
DISQUALIFIED: None
da . Troyan, MMC, City !Clerk
Cit Poway