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Res P-03-16RESOLUTION NO. P-03-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 98-15TE(2) TIME EXTENSION AND RESCINDING RESOLUTION NO. P-02-16 ASSESSOR'S PARCEL NUMBER 323-290-39 WHEREAS, a request has been submitted by Errol Yeager for a second one- year time extension of the approval of Tentative Parcel Map (TPM) 98-15, a proposal to subdivide 9.25 acres into three parcels ranging from 1.02 to 4.04 acres (net) in size located on both sides of Gate Drive, just north of Calle Seco within the Rural ResidentialoC zone; and WHEREAS, on April 25, 2000, the City Council approved Tentative Parcel Map 98-15, a proposal to subdivide 9.25 acres into three parcels ranging from 1.02 to 4.04 acres (net)in size; and WHEREAS, on April 16, 2002, the City Council approved a request for a one- year time extension for TPM 98-15; and WHEREAS, on April 1, 2003, the City Council held a public hearing on a request for a second one-year time extension for TPM 98-15; 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, the City Council does hereby resolve as follows: Section 1: The City Council finds that the previously approved Mitigated Negative Declaration, approved April 25, 2000, adequately addresses the tal concerns for TPM 98-15TE(2). The City Council considered the Iai Initial Study (ELS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for the Tentative Parcel Map 98-15 project and public ls received on the ElS and MND. The subject ElS and MND documentation is fully incorporated herein by this reference. The City Council finds that the mitigation contained in the ElS and Exhibit A hereof will mitigate potentially significant impacts to a level of less than significant and hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: The required findings in compliance with Section 6.1.B of the Implementing Agreement/CESA MOU approved with the adopted Poway Subarea Habitat Conservation Plan/NCCP (PSHCP) for the proposed map project are hereby made as follows: Resolution No. P-03-16 Page 2 The project biological mitigation is consistent with and furthers the implementing objectives of the PSHCP, as the mitigation is consistent with the approved MND pursuant to Section 1 above. The approved mitigation p lly p and protects within a recorded biological Iion t deed 3.2 acres of Coastal Sage Scrub habitat and grassland habitat either onsite or of[site. Additional mitigation req ls are identified in the approved MND; including compliance with the permitting requirements of the California Regional Water Quality Control Board and the California Department of Fish and Game. The mitigation habitat is appropriately located in the PSHCP mitigation area to enhance the long-term viability and function of the preserve system in that the mitigation habitat east of Gate Drive is entirely within the Biological Core and Linkage Area (BCL^) associated with the South Poway Cornerstone Preserve. It has been further mapped as being part of Proposed Resource Protection (PRPA) #17b as identified in the PSHCP. This will serve to enhance the preserve system by protecting up to 3.2 acres of occupied upland Coastal Sage Scrub and grassland habitats. In addition to the proposed onsite biological resource mitigation and to the onsite habitat preservation as anticipated by the Poway Habitat Conservation Plan (Poway HCP), the applicant shall acquire the balance of the 3.2 acres of Coastal Sage Scrub and grassland habitat not preserved on the site. The of[site mitigation land shall be in the vicinity of the project site and preferably adjacent to the South Poway Planned C ly open space lands. The of[site habitat acquisition shall also result in a reduction in the number of potential dwelling units in the Mitigation Area of the Poway HCP. The of[site mitigation shall be approved by the Director of Development Services in consultation with the California Department of Fish and Game, and the U.S. Fish and Wildlife Service. The of[site acquisition land shall be deeded in fee title to the City of Poway or recorded as a biological lion easement, and shall be encumbered by a recorded biological conservation , I deed. The mitigation will be to the long-term benefit of the PSHCP covered species and their habitats in that the mitigation will provide permanent public and private biological conservation easement deeds that will remain as protected open space, and the undisturbed and m-vegetated Coastal Sage Scrub habitat within the protected open space will benefit the threatened California Gnatcatcher as well as other "covered species" and their habitats found in the PSHCP mitigation area and adjacent habitat conservation areas. Resolution No. P-03-16 Page 3 The mitigation will foster the ' Iai implementation of the PSHCP in an effective and efficient manner in that the onsite mitigation areas are contiguous and are connected to the South Poway Planned Community p I open space in the vicinity to the south. The onsite mitigation will be set aside by the project proponent in accordance with the PSHCP and the onsite mitigation will conserve and protect a significant amount of biological open space in the mitigation area in perpetuity. The mitigation will not result in a negative fiscal impact with regard to the ful implementation of the PSHCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public and private biological lion easement deeds. Section 3: The findings, in accordance with the State Subdivision Map Act ( mt Code Section 66410 et. seq.) for Tentative Parcel Map 98-15, are made as follows: The map is consistent with the General Plan in that the residential lots are being created as residential building sites in accordance with the Rural Residential C land use and zoning provisions and the lot-averaged subdivision provisions of the Poway Comprehensive Plan. The site is physically suitable for the type of development approved in that the property has an average slope of 22.8 percent, and the project has been designed to comply with RR-C development standards and requirements of the Poway Comprehensive Plan. The site is physically suitable for the density of the development approved in that the property is zoned Rural Residential C and the lots have been designed to comply with the ' ' lot standards of the zone. The design of the Parcel Map is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat in that the proposal includes dedication in fee title or recording of a biological conservation t on additional acreage onsite and possibly off=site. The approved map is not likely to cause serious public health problems because City water, sewer, and drainage system improvements are required as a condition of approval. The design of the Tentative Parcel Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. Resolution No. P-03-16 Page 4 The approved project will not create any unmitigated adverse significant impacts on the I and a Mitigated Negative Declaration is issued. Section 4: The findings, in accordance with for the public improvement, are made as follows: Code Section 66020 Ao The design and imp ls of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ord' because all ry 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: Onsite and offsite drainage improvements will be provided for the increase in surface water runoff. New fire hydrants will be required to serve the new development and provide fire protection. Water and sewer fees shall be paid, and onsite and offsite imp Is made to provide water and sewer service to the development. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. Section 5: The City Council hereby approves Tentative Parcel Map 98- 15TE(2), a request for a one-year time extension of a previously approved Tentative Parcel Map as per plans dated January 27, 2002, on property located at 12792 Gate Drive within the RR-C zone, subject to the following conditions: Within 30 days after Tentative Parcel Map approval, the applicant shall submit in writing to the City that all conditions of approval have been read and understood. A revised project drawing shall be submitted to the Development Services Department, Planning Division, which reflects any and all changes that have resulted from the public hearing. B. City Council Resolution No. P-02-16 is hereby rescinded. Within 30 days after Tentative Parcel Map approval, the applicant shall apply for a Letter of Availability (LO^) to reserve sewerage availability and post with the City a non-refundable reservation fee equal to twenty percent (20%) of the appropriate connection fee in effect at the time the LOA is issued. Resolution No. P-03-16 Page 5 This approval is based on the existing site conditions represented on the approved Tentative Parcel Map. If actual conditions vary from representations, the approved map must be changed to reflect the actual conditions. Any substantial changes to the approved Tentative Pamel Map, prior to Parcel Map, must be approved by the Director of Development Services and may require approval of the City Council. Prior to recordation of the Parcel Map, unless other timing is indicated, the applicant shall complete the following, or have plans submitted and approved, agreements executed, and securities posted: The final Parcel Map shall conform to City standards and procedures, the City Subdivision Ordinance, the Subdivision Map Act, and the Land Surveyors' Act. The Parcel Map shall be in substantial conformance with the approved Tentative Parcel Map. The appropriate map review fee shall be paid at the time of submittal. The map shall be revised consistent with the approved Tentative Parcel Map design on file in the Planning and Engineering Divisions of the Development Services Department, the Poway Municipal Code criteria for lot averaging, and the conditions contained herein. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in the effect at the time of Building Permit' The road improvement plan for Gate Drive shall be submitted for approval. A street imp I plan for the construction of public improvements on Gate Drive shall be submitted. The imp ~ Is shall extend along the entire Parcel Map frontage on Gate Drive to the full width of the street and shall consist of concrete curb and gutter replacing the existing asphalt berm, widening of the road to 32 feet (two lanes of 12 feet, with parking on one side within the remaining 8 feet), and a new street pavement structural section. A new streetlight shall be provided on the east side of Gate Drive, more or less midway along Parcel 2. The light fixture shall be clear, Iow-pressure sodium vapor per City standards. Additionally, a 27-foot by 7-foot (more or less) cracked portion of the street pavement, including the base material adjacent to the existing driveway serving Parcel 3, shall be removed and replaced. The appropriate engineering plan checking and inspection fees shall be paid at the time of submittals. 10. Resolution No. P-03-16 Page 6 Is and/or street right-of-way dedications for Gate Drive to the City (or the public) within the limits of the subdivision shall be made on the Parcel Map. Offsite [ dedications by separate instrument(s) other than a map shall be recorded. A processing fee, in addition to the map- checking fee, shall be paid for all dedications made through separate instrument(s) other than a map. Appropriate securities (p and payment bonds) shall be posted. The securities shall include all street improvements on Gate Drive, erosion control measures, and lation. A standard agreement for construction of the public improvements on Gate Drive shall be executed. The applicant shall retain a qualified archaeologist to perform the following tasks under a "scope of work" approved by the Director of Development Services: Monitor the clearing and grading operations for both onsite and offsite project development and imp ls to ensure that any cultural resources not visible at the time of the survey are discovered and significant data is recovered. If cultural resources are discovered during monitoring, the archaeologist shall have the authority to stop the clearing and/or grading operations and direct such operations to non- sensitive areas of the project site until significant data is recovered. The monitoring shall be conducted in accordance with the Archaeological Mitigation Monitoring and Reporting Program attached to the project's Iai Initial Study. The archaeologist shall submit the final cultural resources report and all recovered artifacts to the City of Poway for approval and acceptance. The artifacts shall be stored at a City facility until an appropriate curation facility is identified and approved by the Poway City Council. The Parcel Map shall include a note that the perimeter fence required at the interface of Fire Management Zones 1 and 2 on each residential lot as shown on the grading plan shall be maintained in perpetuity by the property owner as described in Condition E.10 of this Resolution. Resolution No. P-03-16 Page 7 11. None of the lots, including the open space lot(s), can be further divided, and a [ to that effect shall be recorded against the property in favor of the City. Prior to ' of an Administrative Clearing Permit or Grading Permit, the applicant shall comply with the following: Mitigation for the loss of approximately 3.2 acres of Diegan Coastal Sage Scrub and native grassland habitat on the property shall be completed in compliance with the Poway Subarea Habitat Conservation Plan (PSHCP) prior to the issuance of a grading and/or Administrative Clearing Permit or map recordation, whichever is first. It shall be accomplished by either purchase and dedication of comparable offsite habitat within the PSHCP Mitigation Area, or payment of the required In-Lieu Fee. The required mitigation replacement ratio for each acre of impacted habitat is 2:1. A biological lion l shall be recorded over the existing and new open space easements. Comply with the September 1999 "' ry Geotechnical Investigation for grading and construction on these parcels. Future grading of additional portions of the parcels shall be prohibited unless approved by the Director of Development Services. In accordance with the General Plan, C ly Design Element, Policy C-Site Design, Strategy 21, Parcel 2 shall be graded to accommodate multiple foundation levels; comply with the graded area, slope requirements, and pad elevations of the Poway General Plan, Community Design Element, Policy C-Site Design, Strategy 19, and Zoning Ordinance, Section 17.08.170 for all parcels. Complete an archaeological background study of Parcels 1 and 2 to determine the presence or absence of prehistoric cultural resources. If resources are found, site records shall be completed and filed and a testing plan implemented. Prior to ' of a Grading Permit, a soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work and shall be submitted with the grading plan. As referenced in the attached Exhibit A, Mitigation Monitoring Program, and under the topic of "Geology and Soils", the recommendations contained within the September 1999 Preliminary Geotechnical Investigation prepared by Vinje & Middleton Engineering for grading and construction on these parcels shall be implemented by the applicant. The subject report Resolution No. P-03-16 Page 8 prepared by Vinje & Middleton Engineering and all such subsequent reports shall be reviewed and accepted by the City's Geotechnical Consultant. The applicant shall retain a qualified civil engineer and biologist to prepare a "Limits of Clearing Plan" for City review and approval. The limits of clearing shall be incorporated into the grading plan and shall include appropriate measures to cleady identify the limits of clearing and to protect the native habitat proposed for preservation. Such include flagging, staking, and chain- link fencing to preclude silt, debris, and construction equipment and workers from entering the onsite natural drainage system and the habitat to be protected within a lion [ deed. The biologist shall stake the limits of clearing and be on the project site to monitor the clearing and grading operations to insure compliance with the "Limits of Cleadng Plan." A note shall appear on the grading plan stating as follows: "At the onset of project clearing and grading, top soil within the existing "fire break areas" on Parcels 1 and 2 and proposed for grading, shall be stockpiled and mulched with all Coastal Sage Scrub habitat plants cleared prior to grading. This mulch material shall be used to re-vegetate all existing onsite disturbed areas (e.g., dirt trails) within the open space easement portions of the residential lots and within the onsite biological open space easement that are upslope and outside of the proposed development envelopes including Fire Management Zones 3, 4, and 5 in accordance with Section VI, Wildland Fire Management, of the City of Poway Guide to Landscape Requirements. Such disturbed areas shall be scarified prior to the application of the mulch material. In addition, the disturbed areas shall also be hydroseeded with a native Coastal Sage Scrub seed mix to the satisfaction of the Development Services Department." The following note shall appear on the grading plan: "In accordance with the Poway Subarea Habitat Conservation Plan (PSHCP), the clearing of Coastal Sage Scrub habitat shall be prohibited between the period of February 15 and August 15, and the "take" of active nests of the Coastal California Gnatcatcher during the February 15 through July 1 nesting season is not permitted". The required "Fire Management Zones" for each lot shall be reviewed and approved by the Development Services Department and the Poway Fire Marshall prior to implementation. GJ Resolution No. P-03-16 Page 9 10. The grading plan shall show a 5-foot-high chain-link perimeter fence at the interface between the Fire Management Zones 1 and 2 on each residential lot in order to protect the native habitat within Zone 1 and the native habitat within the adjacent private open space I. The perimeter fence shall be maintained in perpetuity by the homeowner and shall be noted on the Parcel Map. The purpose of the perimeter fence shall be to preclude disturbance of the sensitive habitat within the adjacent conservation easement area and to limit access of humans and domestic animals. The specific location of the required perimeter fence shall be determined by the City of Poway Development Services Department, in consultation with the Poway Fire Marshall. The perimeter fence shall be installed prior to the City's issuance of a clearing and/or Grading Permit for the development of the proposed home sites. The perimeter fence shall include a sign, which informs the homeowner of the sensitivity of the biological conservation easement areas within the lots. The signs shall be approved by the Director of Development Services prior to their installation. Prior to issuance of an Administrative Clearing Permit, Grading Permit or recordation of the Parcel Map, whichever occurs first, the applicant shall comply with the following: The following permits shall be obtained as noted below and a copy submitted to the Development Services Department, Planning Division: ao California Regional Water Quality Control Board (San Diego, Region 9) for a 401 Water Quality Certification or Waiver. California Department of Fish and Game for a Streambed Alteration Agreement. A National Pollutant Discharge Elimination System (NPDES) permit from the City of Poway. During clearing or grading construction, the applicant shall comply with the following: The developer shall provide a utility location plan which details the location, size, and type of utility equipment cabinets and facilities that will be required for all utilities within the development and the proposed method of screening utility boxes to the satisfaction of the Director of Development Services. Resolution No. P-03-16 Page 10 No construction activity is permitted, including utility trenching, until pad grading is certified and all subdivision imp ls are approved by the Development Services Department. The applicant will be required to comply with Chapter 8.08 of the Poway Municipal Code pertaining to noise. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained by the developer from October 15 to April 15. The developer shall maintain all erosion control devices throughout their intended life. = All existing and new utilities within the project shall be placed underground. The subdivider shall be responsible for the relocation and undergrounding of existing public utilities less than 34.5 kV, unless specifically waived by the Director of Development Services, pursuant to the Poway Municipal Code. = Prior to rock blasting, a pre-blast survey of the surrounding properties shall be conducted to the satisfaction of the Director of Development Services and a blasting permit shall be obtained from the Engineering ' ' ' Seismic recordings shall be taken for all blasting. Blasting shall occur only at locations and levels approved by the Director of Development Services. If applicable, cable television services shall be provided and installed underground. The developer shall notify the cable companies (Cox C lions and Time Warner Cable) when planning, designing, and constructing for utilities is to be accomplished. The developer shall notify the City that all cable companies have been notified and are either included in the project or have declined to install their facilities in the project. Prior to issuance of a Building Permit for each individual lot, the applicant shall comply with the following: The Parcel Map for Tentative Parcel Map 98-15TE(2) shall be approved and recorded. The applicant shall submit and obtain approval of a Development Review or Minor Development Review Application. In addition to normal submittal req Is, the applicant shall provide plans for review and approval that address the following: A slope analysis for each lot to insure that the final grading plan associated with the house pad and private driveway Resolution No. P-03-16 Page 11 complies with General Plan Policy C-Site Design, Strategies 17, 19, 22, and 23. In accordance with the General Plan, Community Design Element, Policy C-Site Design, Strategy 21, the custom home for Pamel 2 shall be developed with multiple foundation levels. The grading and development of the residential lots shall comply with the Poway General Plan C ly Development Element, Policy C-Site Design, "Hillside Developments", Strategies 14 through 24. The portions of the lots presently containing native vegetation and designated as open space easements shall remain in their natural state and shall not be disturbed or developed. Parcels having driveways exceeding 150 feet shall also have approved Fire Department turnarounds. Rough grading of the lots is to be completed and meet the approval of the City inspector and shall include submittal of the following: ao A certification of line and grade for each lot prepared by the engineer of work. A final soils compaction report for each lot for review and approval by the City. Development fees shall be paid for each lot site for water, sewer, traffic mitigation, and parks. The applicant shall pay the City's inclusionary housing "In-Lieu" Fee as set forth in the City's ordinance requirements. The applicant shall pay school fees to the Poway Unified School District. The applicant will be required to pay drainage fees in accordance with the City Master Drainage Plan and design a drainage system capable of handling all water generated on the property or running through the property from offsite sources. A Wildland Fuel Mitigation Plan shall be submitted to eliminate any potential threat of spread of fire from the proposed building Resolution No. P-03-16 Page 12 development and the required onsite public and private biological Iion open space ts. The required mitigation plan shall be prepared by the project civil engineer and in accordance with Section VI, Wildland Fire Management, of the City of Poway Guide to Landscape Req ' ~ ts. The mitigation plan shall be approved by the Director of Safety Services and Director of Development Services prior to implementation. The applicant shall submit a Landscape and Irrigation Plan (Plan) for review and approval. The purpose of said Plan shall be to fine grade to the natural contours and to re-landscape the portions of the lots designated as open space easements and areas that have been previously cleared of native vegetation for fire management/weed abatement purposes. These areas shall be permanently irrigated and landscaped with retardant ground cover and Iow-lying shrub plant species as :led in the City of Poway Guide to Landscape Req ' Is. 10. The developer shall provide a current Zoning and Land Use Map, or suitable alternative, to prospective purchasers. Evidence of the availability of this information shall be provided to the satisfaction of the Director of Development Services. 11. All sales maps that are distributed or made available to the public shall include, but not be limited to, trails, future and existing schools, parks, streets, and sound level projections produced by a reputable acoustic consultant for homes within the subdivision. The form and content of this information shall be to the satisfaction of the Director of Development Services. Prior to issuance of a Certificate of Occupancy, the applicant shall accomplish the following: Driveways, drainage facilities, slope landscaping and protection measures, utilities, wall, and sewer mains, including extensions and realignments, and all street improvements for the subdivision, shall be constructed, completed, and inspected by the Engineering inspector. All damaged offsite and onsite public works facilities, including parkway trees, shall be repaired and replaced prior to lion of securities, to the satisfaction of the Director of Development Services. Record drawings, signed by the engineer of work, shall be submitted to the Development Services Department prior to a Resolution No. P- Page 13 request of 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 of occupancy and release of grading securities. The applicant shall extend all necessary utilities to serve the project. Section 6: The approval of a second one-year time extension of Tentative Parcel Map 98-15TE(2) expires on April 25, 2004, 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 prior to 90 days of the expiration of the Tentative Parcel Map (prior to January 27, 2004), a request for a time extension is submitted to the Development Services Department and a time extension is granted in accordance with the City Subdivision Ordinance. Section 7: Pursuant to l 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 April 16, 2003. ATTEST: PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 1st day of April 2003. M' '~yor Resolution No. P-03-16 Page 14 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P- 03-16 was duly adopted by the City Council at a meeting of said City Council held on the 1st day of April 2003 and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE Lori nne Peoples, Ci y Clerk City of Poway Resolution No. P-03-16 Page 15 EXHIBIT A MITIGATION MONITORING AM FOR TENTATIVE PARCEL MAP 98-15 The California Iai Quality ACT (CEQA) requires a Mitigation Monitoring Program pursuant to California Public Resources Code Section 21081.6. The following Mitigation Monitoring Program identifies the Iai impact and mitigation measures identified in the environmental document reviewed and approved by the city of Poway City Council and the party responsible for implementation of the mitigation Topic Mitigation Measures Timing Biology a. Mitigation for the loss o Prior to approximately 3.2 acres of Diegan Parcel Map Coastal Sage Scrub and native recordation. grassland habitat on the property shall be completed in compliance with the Poway Subarea Habitat Conservation Plan (PSHCP) prior to the issuance of a grading and/or administrative clearing permit or map recordation, whichever is first. It shall be accomplished by either purchase and dedication of comparable offsite habitat within the PSHCP Mitigation Area or payment of the required In- Lieu Fee. The required mitigation replacement ratio for each acre of impacted habitat is 2:1. A biological conservation easement shall be recorded over the existing and new open space Is. Responsibility Applicant or his representative. Cultural b. The creek restoration and re- vegetation on Parcel 3 shall be monitored for the remainder of the five-year monitoring period with the costs for periodic visits by the City's landscape architect or a qualified biologist to be paid bi the applicant. Complete an archaeologica background study of Parcels 1 and 2 to determine the presence or absence of prehistoric cultural 3. If resources are found, site records shall be completed and filed, and a testing la~ ' lemented. Prior to Parcel Map recordation. Applicant or his representative. Resolution No. P-03-16 Page 16 Geology & Soils Development of the property wil require the submittal of grading plan(s) and compliance with the City Grading Ordinance. Prior to occupancy. Applicant, Engineering Division & Building Division Comply with the September 1999 Preliminary Geotechnical Investigation for grading and construction on these parcels. Future grading of additional portions of the parcels shall be prohibited unless approved by the Director ( f Develo t Servk s.