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