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HomeMy WebLinkAboutReso 42-1989 RESOLUTION NO. 42-89 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION MAKING FINDINGS OF COMPLIANCE WITH THE SAN BRUNO MOUNTAIN HABITAT CONSERVATION PLAN AGREEMENT AND SECTION lO{A) PERMIT (TERRABAY PROJECT PHASE I) WHEREAS, the City of South San Francisco has previously entered into an Agreement with various agencies to implement the Habitat Conservation Plan (HCP) for San Bruno Mountain concerning that certain project known as Terrabay, identified as Administrative Parcel 2-04 in the HCP; and WHEREAS, on July 19, 1988 copies of all application materials dealing with HCP complia~nce were sent by the City, as local agency, to the U.S. Fish and Wildlife Service, the California Department of Fish and Game, and to the Plan Operator, the County of San Mateo; and WHEREAS, notice was again sent on January 11, 1989 and over thirty days have elapsed from the time the materials were sent to the agencies for their comments. No negative comments have been received and U.S. Fish and Wildlife responded that Phase I meets the requirements of the HCP; and WHEREAS, the City, as local agency noticed public hearings before the Planning Commission and the City Council of the proposed action on compliance with the Agreement as provided in Government Code Sections 65854 and all applicable law; and WHEREAS, a unanimous Planning Commission found the project in compliance with the HCP; and WHEREAS, at the City Council hearing on Phase I of the Terrabay Project, all written materials and reports received were reviewed and discussed and oral testimony was heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that in connection with Phase I of the Terrabay Project, the Council finds and determines that: 1. The application complies with the Section lO{a) Permit and the Habitat Conservation Plan Agreement, and the finding of compliance with the HCP fulfills the local agency's obligation under CEQA to assess the impact, including the cumulative impact, of the project on the Species of Concern; 2. Where required, proposed action by developers on the parcel involved complies with the Section lO{a) Permit and the Habitat Conservation Plan Agreement, and that the City has taken no discretionary action without first finding that the action complies with the Habitat Conservation Plan Agreement and the Section lO(a) Permit and that all public hearings, if required, have taken place and required findings made; 3. The developer, in connection with Phase I of the Terrabay Project, shall be required to abide by the conditions required by the Habitat Conservation Plan Agreement and by the Section lO(a) Permit and abide by any other conditions imposed by law, or set forth herein or in any supporting document. BE IT FURTHER RESOLVED that the foregoing findings, together with findings set forth in the Compliance Check List (Attachment 1) and other supporting documents (listed in Attachment 2), on file in the Planning Director's Office, constitute compliance with the Section lO(a) Permit and the Habitat Conservation Plan for this project. The City Clerk is directed to forward a certified copy of this Resolution to all appropriate agencies. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regul ar meeting held on the 22nd day of March , 1989, by the following vote: AYES: Councilmembers Jack Draqo, Richard A. Haffev, Gus Nicolopulos, and Mayor Roberta Cerri Teqlia NOES: Councilmember Mark N. Addieqo ABSTAIN: None ABSENT: None -2- ATTACHMENT A TO RESOLUTION NO. 42-89 'TERRABAY PROJECT PHASE ~- HCP COMPLIANCE _ P. 1 I. COMPLIANCE CHECKLIST Project: South Slope (2-04) be de Signed HCP Agreement. Participating in Funding Program. Draft agreement or contract document acceptable. Specify Amount: Interim Funding Permanent Funding Designated and provided for dedication of conserved habitat areas. Figure 2 shows dedication areas. Reclamation Plan submitted to Plan Operator. Reclamation Plan contains the following i nformat i on: a. Final Grading Plan which is consistent with that shown in Chapter VII of the HCP. Do changes to the original grading plan require amendments to the HCP? If yes, explain. Have the amendments been processed by the Plan Operator and, if necessary the U.S. Fish and Wildlife Service? A notice and/or schedules of pre-grading conferences. If tentative, identify persons who will be required to attend. A detailed schedule of grading activities and maps to be used in the field. A map showing the precise location of the temporary fencing to be placed at the boundary between graded areas and undisturbed areas. The fence will have signs posted every 100 ft. stating the penalty for grading beyond the fenced area. A revegetation plan which indicates on a map the locations of cut and fills slopes, slope aspects, and the proposed revegetation treatment. The plan must specify seed mixes and other plant material and must indicate themethod of application, pounds per acre of each species, and schedule of revegetation Status Yes Yes $ 11,244/year Phase I - $6,739/year Yes Yes Yes No To be provided To be provided Yes Yes 7/19/88 ATTACHMENT I TERRABAY PROJECT PHASE },,.~- HCP COMPLIANCE P. 2 fe ge Se activities. The specific plant species should be named and described as to where they were collected, their availability, supplier, and expected amount needed for the entire project. An erosion control plan to protect conserved habitat during and after construction which details both mechanical and/or vegetative erosion control measures. Yes Adequate bonding will be provided via the grading permit. See attached letter. Yes A buffer area of at least 30 feet between the conserved habitat area and the permanently disturbed area is included in the final project design. Approval from the~ appropriate jurisdictional Fire Marshall approving the design is required. Yes Habitat Manager has been provided access to conserved habitat areas currently in private ownership by letter of permission. Yes {letter attached} The landowner/developer or plan operator has provided for specific project mitigations listed in Chapter VII. (See attached letter} Yes The development area is restricted with Yes respect to the ongoing maintenance and provision ......... of fire buffers for fire protection purposes, and the use of pesticides. Provide draft of CC&R or other legal documents pertaining to such restrictions. Upon acceptance by the Plan Operator, the local jurisdiction will send all materials to the following agencies for review: U.S. Fish and Wildlife Service California Dept. of Fish and Game Applicable City Jurisdiction (Check} City of Daly City City of Brisbane City of South San Francisco County of San Mateo Date Sent 7/19/88 I TERRABAY PROJECT PHASE '~- HCP COMPLIANCE II. SUPPORTING DOCUMENTS Note: Numbers refer to the numbers on the checklist. ]. W.W. Dean and Associates was one of the original signatories to the HCP Agreement. 2. W.W. Dean has been contributing to the Interim HCP fund since 1983. After completion of Phase I construction and occupancy of the units, the interim fund will be reduced by the amount contributed by the homeowners. Upon completion of the entire project, the interim funding would be eliminated. 3. Dedication areas for Phase I are shown on Figure 2. 4.a. The grading plan for the Phase I construction is shown in Figure 3. The plan is consistent with the those approved by the USFWS, City of South San Francisco, and San Mateo County in 1985 under the 3 year amendment process. 4.b. and c. A date for the pre-grading conference has not been set. It will take place after the habitat fence is erected, but before any grading' or disturbance takes place on the parcel.. The grading schedule and field maps will be provided prior to the pre-grading conference. 4.d. The HCP specifies that a fence be constructed at the boundary between the graded areas and undisturbed areas to protect the preserved habitat. The location of the habitat fence is shown on Figures 2 and 3. 4.e. The Revegetation Plan for the project is attached as Figure 4. It complies with the revegetation criteria setforth in the HCP. 4.f. Erosion control measures are included in the Revegetation Plan and are also regulated by the City's Engineering Dept. 4.g. The bonding requirement will be part of the grading permit to be issued by the City of South San Francisco and San Mateo County. The amount of the bond is consistent with that required in the HCP~ See attached letter regarding the bonding amount. 6. A copy of a letter of permission from the landowner allowing the Habitat Manager permission to enter private land is attached. 7. Specific Project Mitigations The 1985 amendment to the HCP for the Terrabay project included the provision that the landowner/developer "fund an off-site enhancement program which is prescribed to mitigate impacts caused by additional habitat disturbance from geotechnical problems within the South Slope project" {HCP, Vol. 2, page VII-167). The specifics of the program are described on pages VII-167 and 168 of the HCP. 7/]9/88 I TERRABAY PROJECT PFLASE 1~ HCP COMPLIANCE ~- P. 4 The cost of performing the off-site enhancement was estimated at $30,000 (see attached letters regarding cost estimates). W.W. Dean & Associates will make a one time contribution of $30,000 to the HCP Trust fund for accomplishment of the off-site mitigation program (see attached letter of agreement). The work, itself would be carried out by Thomas Reid Associates, the County's biological advisor, and would be done in conjunction with ongoing enhancement work being carried out on San Bruno Mountain. 8. The development area will be restricted with respect to the ongoing maintenance of fire buffers and prohibitions on the large scale use of pesticides (see attached Draft CC&Rs). 7/19/88 ATTACHMENT 2 TO RESOLUTION NO. 42-89 ..... RECEIVED JUL THOMAS REID ASSOCIATES 505 HAMILTON AVE., SUITE 201 Tel: 415-327-0429 BOX 872 PALOALTO, CA 94301 Fax- 415-327-4024 July 19, 1988 Mr. Gail Kobetich U.S. Fish and Wildlife Service Office of Endangered Species 2800 Cottage Way, Room E-1823 Sacramento, CA 95825 RECEIVED Dear Mr. Kobetich: The following information pertains to the San Bruno Mountain Area Habitat Conservation Plan {HCP) compliance processing of the Phase I portion of the Terrabay development project (HCP Administrative Parcel 2-04). See Figure 1. It includes a Habitat Conservation Plan compliance checklist for the project which lists everything needed for HCP approval. The information provided in this packet is available for your review for 30 days as required by the HCP Agreement. Recall that in 1985, the HCP boundary of the Terrabay (or South Slope} project was amended in accordance with the 3 year amendment process to allow for the repairs of landslides above the project area. During the amendment process the project engineers prepared detailed exhibits of the amended" project boundary, the temporary disturbance areas, and permanent disturbance areas. These areas have not changed significantly since then. It is anticipated that the Phase I construction would begin in late 1988 or early 1989. As specified in the HCP, Phase II would not begin unti) at least one year after Phase I begins. Ydu will receive compliance material on the Phase II portion of the project when plans for Phase II construction are completed. Comments or questions on this material should be directed to myself, and/or Phil Gorny, Dept. of Community Development, City of South San Francisco, 400 Grand Ave., South San Francisco, 94080, Telephone: (415) 877- 8535. Sincerely, Victoria Harris cc: Phil Gorny, South San Francisco Roman Gankin, San Mateo County Regional Director, CDFG Larry Eng, CDFG Linda Ulmer, CDFG ~ Bill Dean, W.W. Dean and Associates~,)'~,'~,~ '~'~'.'~', '""'F- . ~" '- :~,~'~() ~ m LIST OF TERRABAY DOCUMENTS 1. Precise Plan (Architectural, Landscape; Vesting Tentative Map) 2. Precise Plan Part II, Civil 3. Habitat Conservation Plan Checklist 4. County Issued Grading Permit Report 5. Specific Plan Zone District 6. Chronology Of Events 7. Significant Events And Court Cases 8. Specific Plan Amendments 9. South San Francisco General Plan Excerpt (Planning Area #4) 10. Section 10 (a) Permit 11. Development Agreement 12. EIR Mitigation Measures 13. Joint Powers Authority - Agreement 14. School District Letter Re: Hillside School Improvements 15. HCP Off-Site Enhancement Letter 16. List of 14 Geotechnical Reports 17. Utility Service Letters ATTACI4MENT 2