Loading...
Res P-03-31RESOLUTION NO. P-03-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE TRACT MAP 01-03 ASSESSOR'S PARCEL NUMBERS 321-270-54, 58, 59 AND 63 WHEREAS, A request for a Tentative Tract Map 01-03 to subdivide a 76.9-acre property into eight (8) residential lots was submitted by Elwood Norris; and WHEREAS, the subject property is located at the southerly terminus of Murel Trail and Blue Crystal Trail within the Rural Residential-A zone; and a~ WHEREAS, on June 17, 2003, the City Council held a public hearing on the :1 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, the City Council does hereby follows: Section 1: The City Council has considered the E ' Initial Study (ELS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for Tentative Tract Map 01-03. The subject ElS and MND documentation are fully incorporated herein by this ~ The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the I, that the mitigation contained in the ElS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), biological reports by Vincent Scheidt (dated July 10, 2001), P & D E (dated May 2001, January 2003 and April 9, 2003), were submitted for the property. Project development will impact approximately 5.8 acres of Coastal Sage Scrub and 7.3 acres of Southern Mixed Chaparral habitat located on property outside of the Mitigation Areas of the Poway HCP. In accordance with the Poway HCP, the required findings for approval of the proposed mitigation for the removal of Coastal Sage Scrub and Southern Mixed Chaparral habitat for Tentative Tract Map 01-03 are as follows: The proposed project is outside of the Mitigation Area of the Poway HCP. The mitigation is consistent with and furthers the implementing objectives of the Poway HCP in that the applicant will mitigate impacts to 5.8 acres of Coastal Sage Scrub at a 2:1 ratio and 7.3 acres of Southern Mixed Chaparral habitat at a 2:1 ratio. Said mitigation will be through the acquisition of suitable Coastal Sage Scrub and Southern Mixed Chaparral habitat and the recordation of an offsite Resolution No. P-03-31 Page 2 Biological Conservation Easement Deed preserving comparable undisturbed and unencumbered habitat of equal or greater conservation value located within the HCP Mitigation Area, and/or by the payment of In-Lieu Fees. Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu Fees will contribute toward the building of the ultimate total Mitigation Area preserve system of the HCP. Therefore, such habitat preservation and/or payment of In-Lieu Fees will serve to enhance the long-term viability and function of the preserve system. The habitat preserved through offsite dedication or purchased by mitigation In- Lieu Fees paid will be to the long-term benefit of the PSHCP covered species and their habitats in that the recordation of a Biological Conservation Easement Deed over undisturbed and unencumbered habitat (See "A" above) and or the payment of In-Lieu Fees, will promote a meaningful addition to the assembly of a viable regional system of uninterrupted natural habitat habitat linkages, buffers, and wildlife corridor. The preserved habitat will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the preservation of offsite conservation area(s) will be within an identified Mitigation Area within the City, and/or the payment of in-lieu fees will contribute likewise towards, assembling the total Mitigation Area preserve system. The preserved habitat will not result in a negative fiscal impact with regard to the 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 biological conserval' : deeds or In-Lieu Fees will be paid. Section (~ follows: 3: The findings, in accordance with the State Subdivision Map Act l Code Section 66410 et. seq.) for Tentative Tract Map 01-03, are made as The Tentative Tract Map ' [ with the General Plan in that it proposes to create eight residential parcels at densil' I with the General Plan. The design and imp required of the Tentative Tract Map are consistent with the General Plan; in that the approved lot sizes and configurations adhere to the development standards for the Rural ResidentiaI-A zone. The site is physically suitable for the type of development and the density proposed; in that the site is large enough to provide eight lots, each relatively regular in shape and with d which are in keeping with General Plan and Zoning Ord' :lards. Resolution No. P-03-31 Page 3 The design of the Tentative Tract Map is not likely to cause substantial damage and avoidable injury to humans and wildlife or their habitat in that while the project will impact approximately 5.8 acres of Coastal Sage Scrub and 7.3 acres of Southern Mixed Chaparral habitat the impacted vegetation will be mitigated and the property is not within the identified Mitigation Area of the HCP. The project is required to mitigate impacted habitat at a 2:1 replacement ratio. The Tentative Tract Map is not likely to cause serious public health problems as City water service is available to the property and conditions of approval for the project require that septic field layouts approved by the County Health Department be provided to service the new homes. The design of the Tentative Tract Map will not conflict with any easement by the public at large, now of record, for access through or use of the property within the proposed subdivision. Section 4: The findings in accordance with G public improvements are made as follows: Code Section 66020 for the 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: Private access roadway imp project traffic impacts. will be constructed to offset the Onsite drainage improvements will be constructed to handle the surface water runoff. Fire hydrants will be constructed to serve the development and provide fire protection. Water fees will be paid. Onsite and offsite improvements will be made to provid to the development. Access to the site will be provided in accordance with City standards and .]ency access. Section 5: The City Council hereby approves Tentative Tract Map 01-03, to allow the subdivision of 76.9 acres of land into eight residential lots (lot averaged) located at the southerly terminus of Murel Trail and Blue Crystal Trail in the Rural ResidentiaI-A zone as shown on the Tentative Tract Map dated April 15, 2003, subject to the following conditions: Resolution No. P-03-31 Page 4 This approval is not inclusive of the design of the proposed single-family homes. Separate approval of the home design and footprints shall be applied for through the Development Review/Minor Development Review process prior to issuance of Building Permits. Approval of this request shall not waive compliance with any sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. This approval is based on the existing site conditions represented on the approved Tentative Tract 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 Tract Map, prior to Final Map approval, must be approved by the Director of Development Services and may require approval of the City Council. The developer is required to comply with the Poway Noise Ordinance requirements that govern activity and noise levels. Within 30 days of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood. Future development of Lots 3, 4, 5 and 6 is subject to Hillside/Ridgeline review and approval by the City Council. Development on Lot 3 is subject to the following: The westerly elevation of any buildings proposed on the building pad is limited to Iow-profile, single-story where the height of the single-story portion does not exceed 25 feet in height. The exterior building colors shall be muted earth tones and the roof color is limited to medium or dark brown. The large reck outcrops located immediately west of the proposed building pad and identified on the approved Tentative Tract Map shall be preserved in place in their natural setting. A note shall be added to the Final Map ' ~ the required preservation of the rock outcrop. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with. The Final Map, together with the supporting data and documentation, shall be submitted to the Engineering Division for review and approval, along with the appropriate map checking fee. The Final Map shall be prepared in with City standards and procedures, City subdivision ordinance, Subdivision Map Act, Land Surveyors Act, the No. P-03-31 Page 5 Resolution of Approval as approved by the City Council and shall be in substantial conf th the approved Tentative Tract Map. E and/or right-of-way dedications to the City within the limits of the subdivision shall be recorded prior to the Final Map approval. Offsite easements to be dedicated by separated recorded prior to Final Map approval. shall be The applicant shall pay all applicable engineering, plan checking, map checking, permit and inspection fees. Water mains and their appurtenances to be installed at locations other than within public streets shall have an easement, a minimum of 20 feet wide for each line, dedicated to the City. Water mains and their appurtenances to be installed within private streets shall have the full width of said street dedicated to the City for such purposes. The applicant shall execute a road construction and maintenance agreement in an approved form for Murel Trail and all other private roads within the subdivision. A photomylar copy of the recorded Final Map shall be provided to the City within 30 days from recordation or prior to issuance of a Grading Permit, which first. Concurrent with submittal of the Final Map, improvement plans for the streets and water lines shall be prepared on standard sheets of mylar by a registered civil engineer and submitted for review and approval to the Engineering Section of Development Services. Plan check, map check, and inspection fees shall be paid by the developer l with their submittal. Murel Trail between Blue Crystal Trail and the southern boundary of the subdivision boundary shall be designed in accordance with Poway Municipal Code, Section 12.20.120, standards for nondedicated rural roads. Improvements shall include the following: a. Asphalt curb and pavement, and storm drains. Water and fire protection systems plans in accordance with the requirements of the City. Dead-end fire apparatus access roadways in excess of 150 feet in length shall include approved provisions for the turning around of Resolution No. P-03-31 Page 6 emergency apparatus. The minimum unobstructed diameter for the proposed cul-de-sac is Curves and topographical conditions could alter the req for turnarounds and the width of ys. Existing public utility lines and appurtenances shall be shown on the improvement plans. Location of future utility boxes, cabinets or shall also be shown fully d -1 and are subject to review through an MDRA, processed through Development Services, Planning Division. e= The recreational trail required over this subdivision shall be improved in accordance with the requirements of the City Public Works Department. 10. The approved cost estimate for public imp such as water lines and storm drains, shall be included with the bonds for the first Grading Permit issued for this project. 11. Approp :les shall be posted for lot lation. 12. Leach field layouts or seepage pit layouts for the sewage disposal system shall be submitted to the City's Development Services Department for review and approval by the City Engineer prior to obtaining a septic system Installation Permit from the County of San Diego Department of Health. If a septic system Installation Permit had already been obtained, a layout plan shall be submitted to the City for review prior to installation of leach lines. 13. The large rock outcrop located along the westerly edge of Lot 8 and identified on the approved Tentative Tract Map shall be preserved in place and in its natural setting. A note shall be added to the Final Map ;] the required preservation of the rock outcrop. 14. A note shall be added to the Final Map and a Covenant recorded on the property stating that this is a lot-averaged subdivision and none of the lots can be further subdivided. Prior to Final Map approval, issuance of an Administrative Clearing Permit, Improvement Plan or a Grading Permit, whichever comes first, the applicant shall: Provide mitigation to the satisfaction of the Director of Development Services consistent with the Poway Habitat Conservation Plan and mitigate impacts to 5.8 acres of Coastal Sage Scrub and 7.3 acres of Southern Mixed Chaparral habitat at a 2:1 ratio (11.6 acres of CSS total mitigation required and 14.6 acres of Chaparral total mitigation required). Resolution No. P-03-31 Page 7 Said mitigation shall be through the dedication of an offsite biological conservation preserving comparable undisturbed and unencumbered habitat, and/or by the payment of In-Lieu Fees at the established rate. Presently the In-Lieu Fee rate is $10,000 per acre. If future brush management on any of the lots result in additional habitat impacts than reflected on the Conceptual Fuel Management Plan dated April 15, 2003, and on file in the Development Services Department, Planning Division, the developer(s) of the lot is responsible to complete mitigation to the satisfaction of the Director of Development Services for the additional habitat impacts. It should be noted that additional impacts to habitat requires City approval and the completion of required mitigation. A deed covenant shall be recorded on each lot to this effect. If future septic field expansion on any of the lots result in additional habitat impacts than reflected on the approved Tentative Tract Map dated April 15, 2003, and on file in the Development Services Department, Planning Division, the developer(s) of the lot is responsible to complete mitigation to the satisfaction of the Director of Development Services for the additional habitat impacts. It should be noted that additional impacts to habitat requires City approval and completion of required mitigation. A deed covenant shall be recorded on each lot to this effect. An open space easement shall be recorded over the area identified as open space on the Tentative Tract Map dated April 15, 2003, and on file in the office of Development Services, Planning Division. The purpose of the open space easement is the preservation of the two identified unrecorded pre-historic sites, as well as preservation of biological the property. The developer shall provide evidence of legal access rights for each of the proposed 8 lots over a portion of the property known as Assessors Pamel Number 321-270-66 (Current Property Owner-Altaffer). Pursuant to the specifications listed in the Easement of Grant Deed recorded in the office of the Recorder as Document Number 1999-0058332 the subject property presently h '..]hts for up to 7 lots. Prior to Grading Permit issuance or Improvement Plan approval, unless other timing is indicated, the following conditions shall be complied with: A grading plan is required for development of the lots, and shall be prepared on mylar at a scale of 1"=20', and submitted to the Development Services Department, Engineering Division, 1' :1 approval. As a · · the grading plan shall show the following: Resolution No. P-03-31 Page 8 All new slopes with a 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum 5- foot setback from open space areas and property lines. Buildings shall be located at least 5 feet from tops and toes of slopes, unless waived by the Director of Development Services prior 1 : a Grading Permit. Driveways, in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. c. A separate erosion control plan for prevention of sediment run-off during construction. A certificate signed by a registered civil engineer that the grading plan has preserved a ' ' 1100 square feet of for each dwelling unit and for each future building site within the subdivision. All utilities (proposed and existing), together with their appurtenances and associated Encroachments are not permitted upon any easement without an approved Encroachment Agreement/Permit. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. All proposed utility facilities more than 36" inches in height and located within or immediately adjacent to the public right- of-way are required to be sited to minimize visibility and screened through the installation of landscaping. Tops and toes of graded slopes shall be shown with a minimum 5- foot setback from open space areas and property lines. Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to I a Grading Permit. Pad elevations shown on the grading plan shall not change by more than 2 feet from the elevations shown on the approved tentative tract map, unless otherwise approved by the CitY Council. i. Show all proposed and existing open sp areas. 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. = Resolution No. P-03-31 Page 9 A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the subdivision and all sur[ace water flowing onto the subdivision from adjacent lands. Said system shall include all required to properly handle the drainage. Concentrated flows across driveways are not permitted. Development of the individual lots will require compliance with Regional Water Quality Control Board (RWQCB) regulations and submission of proof from the RWQCB of compliance prior to any work on the site. in addition, development will be required to comply with adopted City of Poway standards governing the handling of storm water runoff in effect at the time of permit issuance. The grading plans shall d the subdivision complies with the City's Standard Urban Stormwater Mitigation (SUSMP) Plan ordinance Prior to issuance of a Grading Permit, the applicant shall file a Notice of Intent with the State Regional Water Quality Control Board for coverage under the statewide General Permit that covers stormwater discharges. Proof of filing the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department, Engineering Division, prior to issuance of a Grading or Building Permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control, a material storage site, to protect construction material from being exposed to storm runoff, protection of all storm drain inlets, onsite concrete truck wash and waste control, and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The applicant shall certify the SWPPP prior to approval of the grading and improvement plans. The SWPPP may be incorporated with the erosion control plan, but shall be under separate cover from the grading and improvement plans. 7. Grading on each lot shall comply with the Hillside Development strategies - of the Poway General Plan. 10. 11. 12. 13. 14. 15. 16. Resolution No. P-03-31 Page 10 The applicant shall pay all applicable engineering, plan checking, map checking, permit, and inspection fees. The driveway construction cost shall be included in the cost estimates for plan checking and determination of inspection fees. Grading securities in the form of a performance bond and cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval. A minimum $2,000 cash security deposit is required per lot. A master tree inventory shall be prepared on the property by a qualified arborist or biologist. The species and diameter of the trunk shall be indicated. The inventory shall be submitted to the Planning Division and the inventory shall be used to identify any sensitive or mature tree(s) that will need to be preserved. Grading of the project shall be in substantial conformance with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Management and Discharge Control Ordinance, and Drainage and W Ordinance. Erosion control, including but not limited to desiltation basins, shall be installed and -I from October 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to insure prop : all erosion control devices. A Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held Submittal of a request for, and then subsequently hold a pre-construction meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as but not limited to, contractors, subcontractors, project civil engineer and project soils eng : attend the pre-construction meeting. Any remaining undisturbed habitat not used for development, or protected by an existing or proposed open space easement cannot be disturbed or removed except if the necessary permits and approvals are first obtained from the Poway Developer Services Department, Planning Division, and the required habitat mitigation is provided. Prior to grading plan, improvement plan approval, or Administrative Clearing Permit the applicant shall provided an updated protocol Quino Checkerspot Butterfly Survey. 17. Resolution No. P-03-31 Page 11 In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatchers nests, which includes h 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 sat ~ :the Director. 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 to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS) are implemented. There is no guarantee that grading will be allowed 1 If grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division before issuance of a Clearing/Grading Permit, a letter from a qualified biologist retained by the applicant with a scope of work for a CSS habitat and Gnatcatcher survey and 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 Gnatcatch 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 U.S. Fish and Wildlife Service (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. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatchers 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 t clearing/grading within the Gnatcatcher nesting season from February 15 through July 1. 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. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report ' ' ~ the daily observations of the biologist, including whether any Gnatcatchers or evidence of 18. 19. 20. 21. 22. Resolution No. P-03-31 Page 12 active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. The biologist must attend the City's p 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 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 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. At a ' ' all protected 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. ^ 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. The biologist shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Resource A Pursuant to Poway Landscape Guidelines and the Fuel Management/ Landscape plan on file with the City for landscape of all manufactured slopes greater than a 5:1 slope and Fuel Management Zones, all landscaping and irrigation shall be installed to the satisfaction of the Director of Development Services and the Fire Marshal. Manufactured slopes greater than 5:1 shall be planted with a combination of ground cover, shrubs, and trees (with ratios and sizes consistent with the guidelines), and shall be provided with an automatic irrigation system operational at the time of final inspection. A $525.00 plan check fee/deposit is required with the landscape plan submittal package. The developer shall obtain the necessary permits and approvals from the Army Corps of Engineers, the California Regional Water Quality Control Board, and the California Department of Fish and Game for any work impacting th :land Waters of the U.S. 23. 24. Resolution No. P-03-31 Page 13 The applicant shall provide an updated impact analysis prepared by a qualified biologist ;j the anticipated impacts to any potential Waters of the U.S. after review of detailed grading/improvement plans for the project. The project shall comply with the standards of the Poway Grading Ordinance, NPDES and SUSMP (Standard Urban Storm Water Mitigation Plan) which include the following: a= After clearing, grading or earth moving the project area shall be wet down sufficiently enough to prevent dust pick up by the wind. b. Street sweeping shall be implemented as required. Prior to Building Permit issuance the applicant shall comply with the following: The Final Map for Tentative Tract Map No. 01-03 shall be approved and recorded. Improvements for Tentative Tract Map No. 01-03 shall be completed to the sal : the City Engineer. Street structural sections shall be submitted to and approved by the Director of Development Services, prior to their construction. All streets within the subdivision shall be paved with the approved full section of asphalt concrete to provide access for emergency vehicles. A final lift of asphalt concrete, with a minimum thickness of 1-1/2", shall be installed when activity is substantially completed to the sat ~ :the City. The subdivision shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading p 3table to the City. = The applicant shall attend a pre-construction meeting, at which time they shall present an Action Plan that identifies to be implemented during to address erosion, sediment, and pollutant control. Compliance for erosion control can be provided using one or more of the following guidelines: a. Provide an onsite desiltation basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Cover all fiat areas with an approved mulch. 10. 11. 12. 13. 14. Resolution No. P-03-31 Page 14 Install an earthen or gravel bag berm that retains 3 inches of water over all at areas prior to discharge, effectively creating a desiltation basin from the pads. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading p 3table to the City. Development review or minor development review shall be completed for each new house design, including but not limited to, site plans, building elevations, incorporating all conditions of approval through the Planning Division. Erosion control, including but not limited to desiltation basins, shall be installed and 'J by the developer throughout construction of the project. The developer shall maintain all erosion control devices throughout their intended life. Development of Lot 3 shall comply with Condition G of this Resolution. The developer is advised that Pursuant to Section 17.26.100 of the Poway Municipal Code, single-family residential development shall provide that fifteen percent of the units created shall be affordable to I households. The developer of for-sale housing may, in lieu of providing required ' 'y housing onsite or offsite, pay a fee to the city in accordance with the p ' ' :the referenced section. Prior to start of any work within City-held 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. C staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. As a ' ' all protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. ^ 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. Rough grading of the lots is to be completed and meet the approval of the City inspector and shall include submittal of the following: A certification of line and grade for each lot, prepared by the engineer of work. 15. 16. 17. 18. 19. 20. Resolution No. P-03-31 Page 15 A final soil compaction report for each lot for review and approval by the City. Non-supervised gineered fill is not allowed. Rock disposal areas shall be graded in compliance with City approved soils Jations and the approved grading plans. 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 Division. Seismic recordings shall be taken for all blasting. Blasting shall occur only at locations and levels approved by the Director of Development Services. All proposed utilities within the project shall be installed underground. Prior to delivery of combustible building materials, the onsite water systems for TTM 01-03 shall satisfactorily pass all required tests and be connected to the public water and sewer systems. Fire hydrants shall be installed and activated at locations to be determined by the Fire Marshal and as shown on the improvement plans. The following development fees shall be paid for each residential site. These fees are currently in effect and are subject to change without notice: Water: Meter ~ **SDCWA Service Size Cost Fee Fee Line %" $130 $3,710 $2,004 $1,430 1" $270 $6,678 $3,206 $1,430 If a 1" meter is required only for fire safety/sprinklers, then %" fees for expansion and SDCWA will be applicable. To be paid by separate check, payable to San Diego County Water Authority. Sewer Not applicable. Traffic Mitigation $990/Iot Park $2,720/Iot Drainage $1,570/Iot Installation of fire hydrants at the location determined by the Fire Marshal. A water analysis may be required to analyze the fire hydrant's adequacy in compliance with City standards for fire flow and pressure. Any additional improvement :lations made in the analysis shall be constructed. Payment for preparation of the analysis shall be paid to the City upon demand. 21. No. P-03-31 Page 16 The following shall be completed to the Safety Services: of the Director of Dead-end fire apparatus access roadways in excess of 150 feet shall be provided with approved provisions for the turning around of emergency apparatus as follows: 20-foot ' ' ':lth and either a 70-foot diameter cul-de-sac or 72-foot hammerhead. Curves and topographical conditions could increase the requirements for turnarounds and the width of access ways. Exception: a 16-foot private driveway is permissible when serving two or fewer dwelling units. Fire hydrants shall be installed at locations to be determined by the Fire Marshal. A water analysis shall be required to establish the adequacy of the existing water main and all necessary water main extensions to serve the project. Cost of analysis shall be paid by the applicantJdeveloper prior to submittal of improvement plans. Installation of fire hydrant/s shall be completed at a time designated by the Fire Marshal. All lots shall be serviced with one-inch water meters and one-inch lateral. A water system analysis shall be required to verify water flows at each fire hydrant of 1500 gallons per minute at 20 PSI residual pressure. Wildland Fuel Mitigation Plan shall be submitted to eliminate any potential threat of spread of fire from the proposed building and the open space easement. All structures will require 100-foot fuel management zones. This plan shall be approved by the Directors of Safety Services and Development Services prior to building occupancy. All gated entries shall operate to the satisfaction of the Safety Services Department. All gates electrically operated shall meet current electrically operated access gate policy including "Knox" key override switch and "opticom" traffic control detection. Prior to delivery of combustible building water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. Lot 3 will require a minimum lO,O00-gallon water tank and Fire Department for fire protection purposes. Contact the Prior 1. = Resolution No. P-03-31 Page 17 Fire Prevention Bureau for location of water tank and fire department Every building hereafter ' :1 shall be accessible to Fire Department apparatus by way of access roadways with an all- weather driving surface of not less than 16 feet of unobstructed width, with an adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum of 13'6" of vertical The read surface type shall be approved by the City Engineer pursuant to the City of Poway Municipal Code. Approved numbers or addresses shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background. The minimum height of address numbers shall be four inches. Addresses shall be required at private driveway entrances. Each chimney used in maintained with a spark arrester. with any fireplace shall be Roof coverings shall be fire retardant as per UBC Section 1503 and 1504, UBC Standard 15-2 and City of Poway Ordinance #64 and its amended Ordinance #526. : certificate of occupancy the following shall be complied with: An adequate drainage system around each building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. Driveways, drainage facilities, slope landscaping and protection utilities, water improvements, and all roadway imp shall be ~, completed, and inspected by the Engineering inspector. Driveways shall be constructed in accordance with Poway Municipal Code, section 17.08.170D, and the structural sections shall be shown on the grading plans. All damaged offsite and onsite public works facilities shall be repaired and replaced prior I :ion of securities, to the sal I the Director of Development Services. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to the public and private read imp caused by activity from this project. Resolution No. P- 03-03~1 Page 18 Record drawings for grading plans, signed by the engineer of work, shall be submitted to Development Services prior to a 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 t : occupancy and release of grading securities. Section 6: The approval of Tentative Tract Map 01-03 expires on June 17, 2005, 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 G I Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, imposed pursuant to this approval shall begin on June 17, 2003. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 17th day of June 2003. ATTEST: Lori/~nne Peoples, City Clerk Resolution No. P-03-31 Page 19 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- 03-31 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of June 2003 and that it was so adopted by the following vote: AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: EMERY L~n AOA~ne~F eoples,~C ity e~~r k City of Poway Resolution No. P-03-31 Page 20 EXHIBIT A MITIGATION MONITORING PROGRAM FOR TENTATIVE TRACT MAP 01-03 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the t. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This mitigation monitoring program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. To ' Miti tion Measure Timinc Res 'bilit~ Aesthetics a. Future Development of Lots 3, 4, 5 a. Prior to Land a. Applicant, and 6 is subject to Hillside/Ridgeline Use/Zoning Development review and approval by the City Approval Services Council. Development on Lot 3 is subject to the following: 1. The westerly elevation of any buildings proposed on the building pad is limited to Iow profile, single- story construction, where the height of the single story portion does not exceed 25 feet in height. 2. The exterior building colors shall be muted earth tones and the roof color is limited to medium or dark brown. 3. The large rock outcrops located immediately west of the proposed building pad and identified on the approved Tentative Tract Map shall be preserved in place in their natural setting. b. Prior to Land Use/Zoning Approval b. Applicant, Development Services The largo rock outcrop located along the westerly edge of Lot 8 and identified on the approved Tentative Tract Map shall be preserved in place and in its natural setting. Resolution No. P-03-31 Page 21 c. Prior to Land Use/Zoning Approval · Applicant, Development Services. Quality Biological Resources a projec p y with the a. standards of the Poway Grading Ordinance, NPDES, and SUSMP (Standard Urban Storm Water Mitigation Plan) which include the following: 1. After clearing, grading or earth moving the project area shall be wet d tly enough to prevent dust pick up by the wind. 2. Street sweeping shall be I( t(d as rec 'red. a. Offsite dedication (Biological a. Conservation Easement) of 11.6 acres of Coastal Sage Scrub habitat and 14.6 acres of Southern Mixed Chaparral of equal or greater conservation value within the Mitigation Area of the Poway Habitat Conservation Plan, or the developer has an option to pay a Habitat Mitigation In-Lieu Fee. b. Any remaining undisturbed habitat not b. used for development, or within the proposed and existing dedicated open sp Is, cannot be disturbed :1 except if the necessary permits and app first obtained from the Poway Development Services Department, Planning Division, and the required habitat mitigation is provided. or'o Grading Permit and During Grading Operation Prior to Final Map, Grading Plan or Improvement Plan Approval or Administra- tive Clearing Permit. Prior to Land Use/Zoning Approval, Grading Plan Approval or Administra- tive Clearing Permit. a pp a. Applicant b. Applicant At a ' ' all protected 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. The biologist shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Resource The applicant shall obtain the necessary permits and approvals from the Army Corps of Engineers, the California Regional Water Quality Control Board, and the California Department of Fish and Game for any work impact th :land Waters of the U.S. The applicant shall previde an updated impact analysis prepared a by a qualified biologist .;I the anticipated impacts to any potential Waters of the U.S. afl ~ detailed grading/improvement plans for the project. Resolution No. P-03-31 Page 22 Prior to Grading Plan or Improvement Plan Approval, or Administrative Clearing Permit. · Applicant Prior to Grading Plan or Improve- ment Plan Approval, or Administrative Clearing Permit. d. Applicant Prior to Grading Plan or Improvement Plan Approval. e. Applicant f. Prior to Grading Plan or Improvement Plan Approval. f. Applicant Cultural Resources Hydrology and Water Quality The applicant shall provide an updated protocol Quino Checkerspot Butterfly Survey. a. An open si: l shall be recorded over the area identified as open space on the Tentative Tract Map dated April 15, 2003, and on file in the office of the Development Services D~ rtment, PI~ Divi., ' a. The developer shall design a drainage system capable of handling all drainage running through or generated on the subject property, and to pay City drainac fees. Resolution No. P-03-31 Page 23 g. Prior to . Applicant Grading Plan or I Plan Approval or Administrative Clearing Pt 't. a. Prior to Final a. Applicant Map Approval a. Prior to Grading Plan or Improvement PI; A I a. Applicant