Res P-11-06RESOLUTION NO. P -11 -06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 10 -02
ASSESSOR'S PARCEL NUMBER 321 - 180 -58
WHEREAS, a request for a Tentative Parcel Map (TPM 10 -02) to subdivide a
3.51 -acre parcel located at the southern terminus of Iris Lane in the Rural Residential -C
zone, into three one -acre minimum lots was submitted by Mahsa Vahidi,
Applicant/Owner; and
WHEREAS, the subject property is located at the southern terminus of Iris Lane,
within the Rural Residential C zone; and
WHEREAS, on March 15, 2011, 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 (MND) for the project.
Section 2 : A Biological Resources Report was prepared for the project by Lawrence
Dean with Brian Smith & Associates (dated January 20, 2011). The report indicates
that the 3.51 -acre site contains 1.14 acres of Diegan Coastal Sage Scrub, 2.08 acres of
Disturbed Diegan Coastal Sage Scrub, and 0.26 acres of Disturbed Land, and .021
acres Urban Developed (roads). Implementation of the project, including grading of the
three building pads will result in habitat impacts to approximately 1.14 acres of Diegan
Coastal Sage Scrub, 2.08 acres of Disturbed Diegan Coastal Sage Scrub and 0.26 acre
of Disturbed Land.
The site is located outside of the City's Habitat Conservation Plan (HCP) Mitigation
Area. Pursuant to the HCP, the property owner may clear the entire site of vegetation.
However, the applicant is still required to mitigate impacts to the Diegan Coastal Sage
Scrub at a 2:1 ratio and Disturbed Diegan Coastal Sage Scrub at a 1:1 ratio, for a total
mitigation requirement of 4.36 acres. This mitigation can be satisfied through payment
into the City's Habitat In -Lieu Fee account.
Resolution No. P -11 -06
Page 2
Section 3 : The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 10 -02, are made
as follows:
A. The Tentative Parcel Map is consistent with the General Plan, in that it proposes
to create three residential lots at densities consistent with the General Plan and
Poway Municipal Code designations.
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 three lots of a shape and
dimension that meet the General Plan and Poway Municipal Code standards.
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 each of 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. The construction of a 4- foot -wide shoulder along a portion of Iris Lane to
meet fire access requirements.
2. Water and traffic mitigation fees will be paid.
Resolution No. P -11 -06
Page 3
Section 5 : The City Council hereby approves Tentative Parcel Map 10 -02, to allow the
subdivision of a 3.51 -acre parcel into three one net -acre minimum lots, as shown on the
Tentative Parcel Map dated December 3, 2010, subject to the following conditions:
A. This approval does not include the construction of any future single - family
residences. A separate approval for each 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.
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.
Resolution No. P -11 -06
Page 4
(Engineering)
1. Following project approval, the applicant shall schedule a post- approval
meeting with the City Project Planner and the City Engineer to discuss the
project conditions of approval, timing of design and construction, and
implementation of the'project conditions. The meeting shall be scheduled
within 30 days of project approval and prior to any plan submittals.
The applicant should include their project design team, including project
architect, the design engineer and the landscape architect.
2. The applicant shall include provisions in the 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.
3. An easement for water line purposes is to be dedicated to the City of
Poway on the Final Map.
4. The applicant shall submit an improvement plan per Municipal Code
requirements to the Development Services Department, Engineering
Division. Improvement design shall be 100% complete at time of submittal
and shall include the following improvements:
a. A 4- foot -wide shoulder along a portion of Iris Lane.
b. A fire truck turn - around at the location indicated on the Tentative Map.
c. The widening of the pavement along southern boundary of the
subdivision through the two easterly lots for emergency access
purposes.
5. Upon approval of the Improvement plans, applicant shall enter into a
Standard Agreement for Improvements. The applicant will be responsible
for posting securities for the Improvements. The applicant will also enter
into private road maintenance agreement consistent with the provisions of
the Municipal Code.
H. 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.
Resolution No. P -11 -06
Page 5
2. 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 Development Services Department,
Engineering Division for review and approval. The grading design shall
be 100% complete at the time of submittal.
3. The project shall comply with all requirements of the SUSMP chapter of
the Poway Municipal Code. The following conditions shall be included
along with the Municipal Code Requirements:
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 study 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. The drainage study must clearly demonstrate that no increase
to the peak flow rate occurs during the post - development condition
compared to the pre- development condition.
4. 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.
5. 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 Development Services
Department. The scheduling request shall be submitted on a standard
City form available from the City's Project Engineer.
(Planning)
6. A Minor Development Review Application (MDRA) shall be approved for
each new house before Grading Permit issuance. The MDRA
requirements shall be complied with as established in the MDRA approval
letter.
Resolution No. P -11 -06
Page 6
7. Prior to issuance of a Grading Permit or an Administrative Clearing Permit,
whichever comes first, associated with the development of the site or
construction of a new single - family home on any lot, the applicant shall
mitigate impacts to the Diegan Coastal Sage Scrub at a 2:1 ratio and
Disturbed Diegan Coastal Sage Scrub a 1:1 ratio, for a total mitigation
requirement of 4.36 acres. This mitigation can be satisfied through
payment into the City's Habitat. In -Lieu Fee account. The current rate is
$17,000 per acre.
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 time frame will
only be permitted subject to the following conditions having been met,
to the satisfaction of the Director of Development Services.
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 U.S. Fish & Wildlife
Service (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.
Resolution No. P -11 -06
Page 7
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.
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
are implemented to the satisfaction of the City and the USFWS.
9. Development of the site could result in a significant construction
noise impact on migratory bird /raptor species that may be nesting within
500 feet of the proposed development areas. If clearing or grading is
planned to occur during the migratory bird /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 or nests are detected,
construction may commence. If an active migratory bird /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.
Resolution No. P -11 -06
Page 8
10. 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.
11. 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.
Prior to Building Permit issuance, the applicant shall comply with the following:
(Engineering)
1. The Parcel Map for TPM 10 -02 shall be recorded and a mylar copy of the
recorded map shall be provided to the City.
2. The applicant shall pay all applicable development impact fees in effect at
. time of permit issuance.
(Public Works)
3. The three properties shall be annexed into LMD 86 -2A prior to Building
Permit issuance.
(Planning)
4. 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.
5. 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 the 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.
6. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to streets caused by construction activity from this project.
7. The application shall demonstrate compliance with the interior and exterior
water efficiency standards contained in Chapter 17.07 of the PMC.
Resolution No. P -11 -06
Page 9
J. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
1. 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.
2. Record drawings, signed by the engineer of work, shall be submitted
to Development Services prior to a request for occupancy, per Section
16.52.1306 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.
3. Access roadways shall be improved to meet City Engineering standards.
4. Radius curvature of the access roadways shall meet Safety Services
Standards.
5. Residential water service supply line shall be a minimum one inch in size.
6. The parcel(s) are located within the Very High Fire Hazard Severity Zone;
therefore, vegetative fuel management will be required. A vegetative
fuel management easement shall be provided to all subdivided parcels
located within the original parcel such that fuel management is effectively
implemented as the proposed subdivided lots are developed.
Section 6 : The approval of Tentative Parcel Map 10 -02 expires on March 15, 2013,
at 5:00 p.m. The Parcel Map conforming to this conditionally approved TPM 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.
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 15, 2011.
Resolution No. P -11 -06
Page 10
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 15th day of March 2011.
ATTEST:
/Lind . royan, MMC, City<lerk
STATE OF CALIFORNIA
Don Higginson, Mayor
) 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 -11 -06 was duly
adopted by the City Council at a meeting of said City Council held on the 15th day
of March 2011, and that it was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
a . Troyan, MMC, City Clerk
City of Poway