Res P-10-34RESOLUTION NO. P -10 -34
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 08 -01
ASSESSOR'S PARCEL NUMBER 314 - 370 -38
WHEREAS, a request for a Tentative Tract Map (TTM 08 -01) to subdivide a 23 -acre
property located on the southwest corner of the intersection of Pomerado Road and Casa
Avenida within the Rural Residential C zone, into ten residential lots was submitted by the
Rancho Bernardo Community Presbyterian Church, Applicant/Owner; and
WHEREAS, on November 9, 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,
geotechnical resources and noise. 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 prepared for the project by Helix Environmental
Planning, Inc. (dated October 14, 2009). The report found that six vegetation communities
exist on the 23 acre site: 0.07 acre of vernal pools, 0.05 acres of non - wetland Waters of the
U.S. (streambed), 15 acres of Diegan Coastal Sage Scrub (CSS), 0.1 acre of Baccharis
Scrub (BS), 0.2 acre of non - native vegetation, 7.1 acres of disturbed habitat, and 1 acre of
developed land. Implementation of the project, including grading for the 10 building pads,
construction of the private access road and brush management, will result in habitat impacts
to approximately 7.2 acres of CSS.
The site is located outside of the Poway Subarea Habitat Conservation Plan (HCP)
Mitigation Area. Pursuant to the HCP, the project is required to mitigate impacts to CSS at
a 2:1 ratio, for a total mitigation requirement of 14.4 acres. While the property is located
outside of the designated Mitigation Area of the Poway HCP, pursuant to Section 7.4.1 of
the HCP, because of the high quality of the biological resources onsite a determination has
been made that the project is eligible to mitigate impacts to CSS habitat through dedication
of a Biological Conservation Easement (BCE) over approximately 9.8 acres of quality
habitat on site, which includes 7.6 acres of CSS, 0.01 acre of Baccharis Scrub (BS); the
vernal pools and their associated watersheds, (including a 100 -foot buffer area around each
watershed and the 50 -foot no development buffers on each side of the banks of the onsite
drainage. The remainder of the CSS mitigation requirement (approximately 6.7 acres) will
Resolution No. P -10 -34
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be met through offsite dedication of a BCE over similar quality, unencumbered CSS habitat
located within the Poway Mitigation Area and /or payment of a Habitat Mitigation In -Lieu Fee
at the established rate at the time of payment.
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. While the project site is outside of the Mitigation Area of the HCP, pursuant to
Section 7.4.1 of the HCP, because of the high quality of the biological resources
onsite including the vernal pools a determination has been made that the project is
eligible to mitigate impacts to CSS habitat through dedication of a Biological
Conservation Easement (BCE) onsite. The mitigation as outlined in Section 2 above
is consistent with and furthers the implementing objectives of the HCP.
B. Preservation of such habitat within the Mitigation Area and on this property located
outside of the Mitigation Area but which has been determined to contain special high
value biological resources 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 and offsite 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 "the second paragraph of Section 2" 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 and offsite
conservation area(s) will be either within an identified Mitigation Area of the City or on
the subject property that while located outside of the Mitigation Area has been
determined to contain special high value biological resources that should be
preserved. These onsite and offsite preservation areas 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 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 Tract Map 08 -01, are made as follows:
A. The Tentative Tract Map is consistent with the General Plan, in that it proposes to
create ten residential lots at densities consistent with the General Plan and Poway
Municipal Code designations.
Resolution No. P -10 -34
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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 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 ten lots of regular shape and dimension.
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 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 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
subdivision in that the development of single - family residences on the proposed new
lots 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. Roadway improvements along La Manda Drive.
2. Water and sewer line improvements from the existing lines in Pomerado Road
will be constructed to serve the development.
3. Onsite drainage improvements will be constructed to handle the surface water
runoff.
4. Fire hydrants will be constructed to serve the development and provide fire
protection.
5. Water and traffic mitigation fees will be paid.
6. Public street lights will be installed along La Manda Drive and along Pomerado
Road.
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7. Trail improvements will be completed along the 10' wide dedication trail on Lot
10.
Section 5 : The City Council hereby approves Tentative Tract Map 08 -01, to allow the
subdivision of a 23 -acre property into ten lots, as shown on the Tentative Tract Map date
stamped September 30, 2010, subject to the following conditions:
A. 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.
B. This approval is based on the existing site conditions represented on the Tentative
Tract Map. If actual conditions vary from representations, the map must be changed
to reflect the actual conditions. Any substantial changes to the approved Tentative
Tract Map, prior to Final Map approval, must be approved by the Director of
Development Services and may require approval of the City Council.
C. The developer is required to comply with the Poway Noise Ordinance requirements
that govern construction activity and noise levels.
D. Contractors involved in site development associated with the subdivision shall be
informed and are required to install directional signage (4 square feet maximum) at
visible points along the La Manda Drive frontage to direct construction vehicles
drivers not to travel or turn around on Hilltop Circle, a private road.
Adequate area to allow for construction vehicles to turnaround on site shall be
provided for construction /grading activity along the La Manda Drive frontage of the
project.
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
Resolution No. P -10 -34
Page 5
required to pay or perform any settlement unless such settlement is approved by
applicant.
G. Prior to Final Map approval, unless other timing is indicated, the following conditions
shall be complied with.
(Engineering)
1. 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.
2. Applicant shall submit a Public Improvement plan per Municipal Code
requirements to the Department of Development Services, Engineering
Division. Improvement design should be 100% complete at time of submittal
and should include the following Public Improvements:
a. Asphalt widening of La Manda along with a concrete curb and gutter
and a DG trail (trail to be maintained by the Home Owners Association)
along the east side of La Manda Drive along the project frontage.
Improvements may maintain the existing width at the storm drain
crossing and the outlet near the northwest corner of the property. A
safe pedestrian path of travel will be required at the crossing.
b. Cleanup and clearing of all trash and debris near the outflow of the
existing 18 -inch storm drain line that discharges near the northwest
corner of the property.
C. The installation of four street lights along Pomerado Road and three
street lights along La Manda Drive. The location and type of street light
shall be coordinated and approved to the satisfaction of the City
Engineer.
3. Upon approval of the Public Improvement plans, applicant shall enter into a
Standard Agreement for Public Improvements for the work to be done as part
of the Public Road Improvements. The applicant will be responsible for posting
securities for the Public Road Improvements.
4. As part of the content of the Final Map, applicant shall dedicate 5' of right -of-
wav alona Pomerado Road at the PastPrly nrnnertv line
Resolution No. P -10 -34
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(Planning)
5. Prior to Final Map approval, issuance of a Grading Permit or Administrative
Clearing Permit whichever is first, the applicant shall dedicate by recordation
of a BCE (open space) over the approximate 9.8 acre area consisting of the
vernal pools, the watershed for the vernal pools, the surrounding 100 -foot
buffer area around the watershed for the vernal pools and over the 50 -foot no
development buffers on each side of the banks of the onsite drainage as
depicted on Figure 4 of the project biological resources prepared by Helix
Environmental Planning, Inc. dated October 14, 2009. A legal description and
plat of the BCE open space 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 open space 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 BCE 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. The signage
shall state that the conserved pools are the only known remaining vernal pools
within Poway that support San Diego fairy shrimp, a federally endangered
species, and cite that dumping or disturbance of habitat is prohibited.
The onsite BCE shall be protected with fencing and signage to prevent
unauthorized access to and degradation of the vernal pools and CSS. Long-
term maintenance of the open space shall be conducted and funded by the
homeowners association (HOA) established for the development. The HOA
shall be responsible for general stewardship of the open space, including
fencing and signage repair, and trash removal
6. Prior to Final Map approval or issuance of a Grading or Administrative
Clearing Permit, whichever is first, impacts to 7.2 acres of CSS shall be
mitigated at a 2:1 ratio (14.4 acres). A portion of the mitigation shall be
accomplished through onsite dedication of an approximate 9.8 acre Biological
Conservation Easement (BCE) that includes 7.6 acres of CSS and 0.1 acres
of Baccharis habitat; and offsite dedication of a minimum 6.7 acre BCE over
similar quality and type habitat. In lieu of the offsite dedication, the applicant
may opt to pay the Habitat Mitigation In -Lieu Fee at the established rate at the
time of permit issuance. The rate is presently $17,000 /acre.
7. The Property Owner /Developer shall create and record a set of Covenants,
Conditions, & Restrictions (CC &Rs) establishing an association that shall be
responsible for the maintenance and management at minimum of: the
biological conservation easement open space area, the landscaped and
irrigated manufactured slope areas along the easterly limits (rear) of the
building pads for Lots 8, 9, 10 and the adjacent right of way area along the
Resolution No. P -10 -34
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Pomerado Road frontage including the street trees that are required to be
installed, storm water management improvements, proposed private street
lights, the decomposed granite walkway along the La Manda frontage of Lots
1, 2, 3 and 4 and the maintenance and management of the remnant portion of
Lot 10 located on the north side of the private road accessed from Pomerado
Road.
8. A copy of the subdivision CC &Rs shall be submitted to Development Services
— Planning Division for review and approval by the City Attorney. The CC &Rs
shall require that the property owners be responsible for regular maintenance
of adjacent landscape areas within the right -of -way, and along front and street
side yard property lines. Maintenance and use restrictions for the BCE open
space shall be addressed in the Covenants Conditions and Restrictions
(CC &R's) for this Subdivision.
9. A note shall be included on the face of the Final Map stating that a 5- foot -high
decorative masonry sound barrier wall shall be installed along the easterly
limits of the building pads of Lots 8 -10, as depicted on Figure 7 of the Eilar
Acoustical Analysis Report for the project dated August 27, 2009 on file in the
Development Services Department.
10. A deed covenant shall be prepared and recorded on Lots 8 - 10 to notify future
lot owners of said noise wall construction requirement. The covenant shall
advise that the wall shall be solid and constructed of masonry, wood, plastic,
fiberglass, steel, or a combination of those materials, and shall have an
attractive design to the satisfaction of the Director of Development Services.
The wall shall have no cracks or gaps through or below it. Any seams and
cracks must be filled or caulked. If wood is used, it can be tongue and groove,
and must be at least one -inch thick or have a density of at least 3.5 pounds
per foot. Where architectural or aesthetic factors allow, glass or clear plastic
may be used on the upper portion, if it is desirable to preserve a view. Any
doors or gates must be designed with overlapping closures on the bottom and
sides, and meet the minimum specifications of the wall materials described
above. The gates may be of % -inch or better wood, solid sheet of at least
18 -gauge metal, or an exterior grade solid core steel door with prefabricated
door jambs.
The covenant shall also state that if pad elevations vary from what is shown on
the proposed tentative map, a revised acoustical analysis will be required and
mitigation recommendations provided that result in project compliance with the
60 CNEL outdoor use area noise standard.
Additionally the covenant shall state that if future residences are proposed
to be two -story on Lots 8 -10, a complete noise analysis shall be performed
when building plans are available to assess interior noise levels. Additional
noise control may be required for the project to achieve compliance with the
Resolution No. P -10 -34
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City of Poway interior noise limit of 45 CNEL. Wall construction or glazing
upgrades can be incorporated into home design as a potential method to
achieve project compliance with interior noise standards.
(Public Works)
11. Lots 1 — 4 shall be annexed into Landscape Maintenance District (LIVID)
83-1A.
12. The existing 10- foot -wide dedicated recreational trail along the northerly
property line of proposed Lot 1 shall be improved to City standards (including
but not limited to surfacing, grade, drainage, fencing and signage) prior to
Final Map approval.
(Safety Services)
13. Three fire hydrants are required to be installed as conceptually shown on the
approved Tentative Tract Map. A water analysis will be required for the two
new hydrants not located on La Manda Drive.
14. Each lot of the TTM will be required to have a minimum 1 -inch domestic water
supply line from the street connection to the water meter.
Prior to Grading Permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. 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.
2. If the project will be phased, the applicant will be responsible for presenting a
phasing plan to the satisfaction of the City Planner and City Engineer. The
applicant shall enter a covenant for private improvements to establish the
timing of the installation of the private improvements.
3. Submit a grading plan for the development of the lots in accordance with the
submittal and content requirements listed in the Poway Municipal Code.
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.
4. Water Quality Control — Drainage, Flood Damage Prevention and
Hydromodificaton Plan — The project shall comply with all requirements of the
SUSMP chapter of the Municipal Code. The following conditions shall be
included along with Municipal Code Requirements:
Resolution No. P -10 -34
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a. 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.
b. 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. The
drainage shall report the project's conditions of concern based on the
hydrologic and downstream conditions discussed above. Downstream
conditions of concern exist in this project area. 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. The drainage study must
clearly demonstrate that no increase to the peak flow rate occurs during
the post - development condition compared to pre - development
condition.
5. 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.
6. 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 City standard form available from
the City's Project Engineer.
7. Following approval of the grading plans and the preconstruction meeting,
construction staking is to be installed and inspected of all protected areas as
shown on the approved grading plans 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 and Professions Code, by the engineer of
record stating that all protected areas have been staked in accordance with
the approved plans.
(Planning)
8. To avoid potential impacts to the California Gnatcatcher and CSS, in
accordance with Condition H of the Poway HCP Incidental Take Permit, a take
of active California Gnatcatchers 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 timeframe will only be permitted
subject to the following conditions having been met to the satisfaction of the
Director of Development Services.
Resolution No. P -10 -34
Page 10
a. 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) that outlines a scope of work for a
Gnatcatcher survey and a map 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
Gnatcatcher 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 considered qualified, the biologist must provide the City with a copy
of a valid Gnatcatcher Recovery Permit from the USFWS.
b. The scope of work shall explain the survey methodology for the
Gnatcatcher survey and the proposed Gnatcatcher nest monitoring
activities during the clearing /grading operation if a Gnatcatcher nest is
located within 500 feet of areas to be graded.
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. The applicant is hereby advised that, 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 USFWS are implemented. There is no guarantee that
grading will be allowed to resume.
e. The biologist must attend the City's pre- construction 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. If grading /clearing occurs between February 15 and July 1, the
biologist shall also monitor and survey the habitat within the area to be
cleared /graded, and any habitat within 500 feet of said area, on a
weekly basis 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 clearing /grading activities 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 clearing /grading is required to
stop due to the presence of active nests, the applicant shall 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.
Resolution No. P -10 -34
Page 11
f. 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.
g. The biologist shall provide the City with written confirmation that the
limits of clearing /grading are in accordance with the project's Biological
Technical Report.
h. If the Survey reports that Gnatcatcher nests 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 the Gnatcatcher nesting
season until such time as mitigation measures to the satisfaction of the
City and the U.S. Fish and Wildlife Service are implemented.
9. Project development could result in a significant construction noise impact on
raptor species that may be nesting within 500 feet of the proposed
development areas. If clearing or grading is planned to occur during the raptor
breeding season (January 1 through September 15), pre- construction surveys
shall be conducted to determine the presence or absence of raptor species
within 500 feet of the proposed activity. If no raptors are detected,
construction may commence. If an active raptor nest is determined to be
present, the project biologist shall work with the City to develop avoidance and
mitigation measures, which shall remain until all young have fledged.
10. Submit landscape and irrigation plans to the Planning Division for review and
approval. A plan check review fee is required at the time of initial submittal of
the landscape plans. The plans shall be prepared pursuant to the City of
Poway Landscape and Irrigation Design Manual and Chapter 17.41 of the
PMC. 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 along Pomerado Road, La Manda Drive
and the proposed private access road in accordance with City
standards.
C. Onsite trees, including street trees, shall be installed and irrigated.
An automatic irrigation system shall be provided to serve the street
trees. The proposed location of the required street trees and species
shall be shown on the building plans (site plan) for the project.
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11. 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.
12. Pursuant to the recommendations of the project Geotechnical Report the
following issues shall be addressed unless a subsequent revised Geotechnical
report for the project with different recommendations are submitted for review
and approval by the Engineering Division:
a. Remedial grading of the site consisting of soil removal, moisture
conditioning and compaction shall be implemented to promote soil
stability.
b. Use of a subdrain system is recommended on Lots 1 -5 to reduce the
potential for adverse impacts associated with seepage conditions. The
location all proposed subdrains shall be shown on the grading plan(s).
C. Development of the site could result in soil erosion. All slopes shall be
planted, drained and properly maintained to reduce erosion. Slope
planting should consist of drought tolerant plants having a variable root
depth. Slope watering shall be kept to a minimum to just support plant
growth.
(Safety Services)
13. Cul -de -sac turnarounds shall be 76 feet in diameter with a cross grade of no
more than 5 %.
J. Prior to Building Permit issuance for the development of the first home, the applicant
is required to comply with the following:
(Engineering)
1. Submit Private improvement plans 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 improvement design shall
be 100% complete at the time of submittal.
2. The applicant shall pay all applicable development impact fees in effect at the
time of Building Permit issuance.
(Planning)
3. Minor Development Review Applications, or a Development Review, shall be
approved for each new house and site design of each lot, including, but not
limited to, site plans and building elevations, incorporating all conditions of
approval, through the Planning Division.
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Page 13
The rear elevations of the future homes along Pomerado Road, Lots 8 and 9
and the rear and street side elevations of the future home on Lot 10 shall be
designed to have enhanced architectural treatment consistent with the front
elevations.
4. All construction - related (e.g., security lighting) and operations - related lighting
(exterior lighting of individual homes) shall be of the lowest illumination
allowed for human safety, selectively placed, shielded, and directed away from
preserved habitat to the maximum extent practicable.
5. School fees in effect at the time of Building Permit issuance shall be paid, or
the applicant may request that the Poway Unified School District form a
special Community Facilities District and enter into a mitigation agreement.
6. The developer is advised that, pursuant to PMC 17.26. 100 through 17.26.300,
single - family residential development shall provide that 15 percent of the units
created shall be affordable to low- income households. The developer of
for -sale housing may, in lieu of providing required inclusionary housing onsite
or offsite, pay an Affordable Housing In -Lieu Fee to the City in accordance
with the provisions of the referenced Section prior to issuance of a Building
Permit for each lot.
7. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to the streets caused by construction activity from this project.
(Public Services)
8. The water line proposed in the proposed private access street to serve Lots
5 — 10 is required to be installed on the east side of the street.
K. Prior to individual occupancy approval for residential development on Lots 8, 9, or 10
the required 5- foot -high sound barrier wall shall be installed along the easterly limits
of the building pads of the referenced lots as depicted on Figure 7 of the project
acoustical report dated August 27, 2010, prepared by Eilar Associates, Inc. and
detailed in Condition G.10 of this resolution.
Section 6 : The approval of Tentative Tract Map 08 -01 expires on November 9, 2012,
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 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 November 9, 2010.
Resolution No. P -10 -34
Page 14
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 9th day of November 2010.
�crv� �k�nz�—
Don Higginson, Mayor
ATTEST:
d�
L' a . Troyan, MMC, City Clerk
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 -34 was duly adopted by the City
Council at a meeting of said City Council held on the 9th day of November 2010 and that it
was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, MULLIN, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
in A. Troyan, MMC, City Clerk
Ci y of Poway