Item 3.1 - TTM 17-005 and VAR 17-002; A Request for Approval of Time Ext for Over-Height Wall at 17150 Old CoachG`t OF P0l}i�1
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DATE
TO:
FROM
City of Poway
COUNCIL AGENDA REPORT
May 16, 2017
APPROVED N
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED ❑
REMOVED ❑
CONTINUED
Resolution No.
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services 0/
CONTACT: Jason Martin Senior Planner
(858) 668-4658 / jmartin ,poway.org
SUBJECT: Tentative Tract Map 17-005 and Variance 17-002; a request for
approval of a time extension for a previously approved Tentative
Tract Map, and renewed approval of a previously approved
Variance for an over height retaining wall.
Summary:
The Hidden Valley Ranch (HVR) project is an approved 41 -lot, detached single-family
home (40 new, one existing), master -planned neighborhood that will be constructed on an
approximate 420 -acre site located at 17150 Old Coach Road. The site is currently an
active agricultural ranch on the east side of Old Coach Road, north of and adjacent to the
Blue Sky Ecological Reserve, within the Planned Community (PC) zone. The project was
originally approved in November 2003 and project revisions were approved in August 2005,
August 2014, and July 2015. The project revisions approved in July 2015 included, but
were not limited to, a Variance for an over height retaining wall. The City Council's approval
of the Tentative Tract Map and the Variance, are set to expire on July 21, 2017. The
applicant has submitted a request for a time extension to allow additional time to complete
the processing requirements for recordation of the Final Map, as provided for in the Poway
Municipal Code (PMC), and a request for renewed approval of the Variance. The findings
necessary to support the Variance for the retaining wall height can still be made.
Otherwise, the project complies with all City standards. Conditions of Approval from the
prior approvals remain applicable to the project.
Recommended Action:
It is recommended that the City Council approve Tentative Tract Map (TTM) 17-005 and
Variance (VAR) 17-002 subject to the attached Resolution (Attachment A).
Discussion:
Edward and Barbara Malone are the project applicant and property owner. The project
is located on an approximate 420 -acre site located on the east side of
Old Coach Road, north of and adjacent to the Blue Sky Ecological Reserve. The project
site is shown on the location and zoning map included as Attachment B. The site contains
a home and active agricultural ranch.
1 of 11 May 16, 2017, Item # 3•
TTM 17-005NAR 17-002
May 16, 2017
Page 2
Proiect Description and History
The main components of the project have remained unchanged since its original approval
in 2003 and generally consist of a single-family home neighborhood; preservation of the
majority of the existing agricultural operation and the existing ranch house; establishment
of a private 9 -hole golf course; preservation of approximately 57 acres of the site as open
space; and the provision of a public recreation trail through the site. The design details
of the approved project and its improvements are included in the approved TTM and HVR
Specific Plan, which are on file in the Development Services Department. A graphic
showing the overall project site plan from the approved HVR Specific Plan, which also
shows the open space areas and trail, is included as Attachment C.
On November 18, 2003, the City Council originally approved the HVR
project and certified the project's Environmental Impact Report (EIR) under Resolution P-
03-75. This original approval included a gated entry for nine of the new residences on a
private street, with other residences on un -gated, public streets.
On August 16, 2005, the City Council approved the applicant's requested revisions
to the project involving pad elevation changes and the relocation of some of the lots under
Resolution P-05-53. The approval maintained the gated entry and the mix of private and
public streets.
On August 19, 2014, the City Council approved additional applicant requested revisions
involving the redesign of project streets and lots, elimination of the gated entry to nine
new residences (including a re -designation of this street segment from private to public),
realignment of the public recreation trail through the project site, and establishment of a
project -phasing plan, under Resolution P-14-07.
On July 21, 2015, the City Council approved additional applicant requested revisions
involving a gate and private roads for the entire project and a Variance for an over height
retaining wall, under Resolution P-15-20.
Tentative Tract Map Extension
The applicant needs additional time to complete the Final Map process. The applicant is
requesting City Council approval of an extension under the provisions of Section
16.10.080 of the PMC. Pursuant to the PMC, a tentative tract map is initially valid for two
years and only one year time extensions may be granted with no more than five
extensions in total. The project revisions in July 2015 were substantial resulting in a full
review of the project, therefore, the time frame from which extensions are counted is July
2015. With approval of this extension request, the applicant will be entitled to four
additional, one year extensions. All the findings and Conditions of Approval from prior
City Council approvals remain in full force and effect. As this is only an extension request
no new Conditions of Approval are recommended.
2 of 11 May 16, 2017, Item # 3.
TTM 17-005NAR 17-002
May 16, 2017
Page 3
Variance Request
A Variance is the process through which an individual can seek relief from certain PMC
development standards, provided required "findings" can be made by the City Council.
The applicant is requesting a Variance to exceed the PMC height limit of six feet for
retaining walls. A site plan showing the retaining wall locations is included as Attachment
D. The site plan indicates a retaining wall up to eleven feet on the north side of the street
at the entry gate, and a retaining wall up to seven feet on the south side of the street,
which are highlighted in green.
All of the required findings can be made in this case. The findings are primarily based on
the existence of a special circumstance, which in this case is a recorded Biological
Conservation Easement (BCE) on either side of the street entrance into the project.
Attachment D also shows the limits of the BCE which are highlighted in red, and the
location of the retaining walls which are shown in green in the area of the gated entry.
The BCE is for the preservation of natural vegetation and no grading is permitted. It was
put into place several years ago for mitigation of natural vegetation impacts that will occur
when the project is constructed. The retaining walls will enable the construction of the
gated entry and its turnaround area, without grading into the BCE.
The required findings to support Variance 17-002 can be made as follows:
1) That there are special circumstances applicable to the property, and because of this,
the strict application of the development regulations deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification in that a BCE, which allows no natural vegetation removal or grading,
exists on both sides of the street and the retaining walls will enable the construction
of the gated entry and its turnaround area without grading into the BCE; and
2) Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity and
zone, and denied to the property for which the Variance is sought in that retaining
walls will enable the construction of a gated entry that is similar to other projects in
the immediate vicinity of the project site; and
3) Granting the Variance would not be materially detrimental to the public health, safety
or welfare in the vicinity and zone in which the property is located in that the walls
will be designed by an engineer and building permits will be required for construction;
and
4) Granting the Variance does not constitute a special privilege that is inconsistent with
the limitation upon other properties in the vicinity and zone in that other properties
in a similar situation may also request approval of a Variance and this Variance
involves the unique circumstance of a BCE that exists on both sides of the street;
and
3 of 11 May 16, 2017, Item # 9
TTM 17-005NAR 17-002
May 16, 2017
Page 4
5) The granting of this Variance does not allow a use or activity which is not otherwise
expressly authorized by the zoning development regulation governing the property
in that retaining walls are allowable in this zoning district and the walls will enabfe
the construction of the gated entry and its turnaround area without grading into the
BCE; and
6) That granting the Variance or its modification will not be incompatible with the City
General Plan in that the design of the walls will enable the planting of vegetation
which will soften the appearance of the walls and minimize any visual impacts.
Environmental Review:
Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines
a subsequent EIR, or any additional environmental review or notice, is not required since
the map extension and the Variance are within the scope of the Hidden Valley Ranch
Environmental Impact Report, which was certified in conjunction with the original approval
of the project on November 18, 2003 (State Clearing House #2001121009), in that the
EIR assessed the significant landform alteration that will occur with grading of the project.
Fiscal Impact:
None.
Public Notification:
A public notice was published in the Poway News Chieftain, and mailed to property
owners and occupants located within 500 feet of the project site.
Attachments:
A.
Resolution
B.
Zoning and Location Map
C.
Overall Site Plan
D.
Wall Site Plan
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
Reviewed By:
Morgan Foley
City Attorney
Approved By:
Tina M. White
City Manager
4 of 11 May 16, 2017, Item # 3. 1
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A TIME EXTENSION FOR
THE HIDDEN VALLEY RANCH SUBDIVISION MAP UNDER
TENTATIVE TRACT MAP (TTM) 17-005, AND APPROVAL OF VARIANCE (VAR) 17-
002 FOR A RETAINING WALL
WHEREAS, Ed and Barbara Malone, Applicant, have filed development
applications concerning the Hidden Valley Ranch Project ("Project') located on the east
side of Old Coach Road, north of and adjacent to the Blue Sky Ecological Reserve; and
WHEREAS, on November 18, 2003, the Project was originally considered and
approved by the City Council pursuant to Resolution P-03-75. The Project -approved
entitlements consist of the Final Environmental Impact Report (Final EIR, State
Clearinghouse No. 2001121009), General Plan Amendment (GPA) 01-02, Zoning
Ordinance Amendment (ZOA) 01-04, Specific Plan 01-02, TTM 00-02, and Conditional
Use Permit (CUP) 01-05; and
WHEREAS, the Project has not yet been constructed, but after development there
will be a 41 -unit, detached single-family home (40 new, 1 existing), master -planned
neighborhood on approximately 420 acres located east of Old Coach Road, north and
adjacent to the Blue Sky Ecological Reserve in the Planned Community (PC) zone. The
previously approved project entitlements involved the following: (1) a General Plan
Amendment to change the existing General Plan land use designation of the site from
Rural Residential A (RR -A) to PC to allow for the development of a master -planned
residential neighborhood with minimum lot sizes as small as one -net acre in a "clustered"
configuration, which does not exceed the allowable residential density of the prior RR -A
General Plan land use designation; (2) a Zoning Ordinance Amendment to change the
zoning designation of the site (to be consistent with the proposed General Plan
designation) from RR -A to PC to allow for the development of a master -planned
residential neighborhood with minimum lot sizes as small as one -net acre in a "clustered"
configuration, which does not exceed the allowable residential density of the prior RR -A
zoning designation; (3) a Specific Plan to establish the development plan/development
standards of the master -planned residential neighborhood; (4) a Tentative Tract Map to
subdivide the approximate 420 -acre site into 41 "numbered" lots, which range in size from
one -net acre to 8.8 -net acres (with one lot at 257 acres) for the purpose of constructing
40 homes, and 3 "lettered" lots ranging in size from 14.3 to 23.9 acres in size (with a
combined total area of 57.5 acres) for the purpose of permanently preserving existing
natural open space areas and currently disturbed open space areas that are proposed to
be restored; and (5) a Conditional Use Permit to establish a private nine -hole golf course;
and
WHEREAS, on August 16, 2005, revisions to the Project that were proposed
by the applicant were considered and approved by the City Council pursuant to
Resolution P-05-53; and
5 of 11 ATTACHMENT A May 16, 2017, Item # 3-
Resolution No. P -
Page 2
WHEREAS, on August 19, 2014, additional revisions to the Project that were
proposed by the applicant were considered and approved by the City Council pursuant to
Resolution P-14-07: and
WHEREAS, on July 21, 2015, additional revisions to the Project that were
proposed by the applicant, and a proposal for a retaining wall which exceeded the City
wall height limit, were considered and approved by the City Council pursuant to
Resolution P-15-20; and
WHEREAS, on July 21, 2017 the approval of the Tentative Tract Map for the
project and the Variance for the retaining are set to expire; and
WHEREAS, the Applicant is requesting a one year extension of the Tentative Map
approval and renewed approval of the previously approved variance to construct retaining
walls in the area of the gated project entry, which exceed the six foot height limit up to
approximately eleven feet; and
WHEREAS, on May 16, 2017, the City Council held a public hearing on the above -
referenced item; and
WHEREAS, the City Council has read and considered the agenda report for the
proposed revisions to the project, and has considered other evidence presented at the
public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway,
as follows:
Section 1: The City Council finds that, pursuant to Section 15162 of the
California Environmental Quality Act (CEQA) Guidelines, a subsequent Enviromental
Impact Report (EIR), or any additional environmental review or notice, is not required
since the project is within the scope of the Hidden Valley Ranch Environmental Impact
Report, which was certified in conjunction with the original approval of the project on
November 18, 2003 (SCH #2001121009) ), in that the EIR assessed the significant
landform alteration that will occur with grading of the project.
Section 2: City Council Resolutions pertaining to prior City Council approval of
the project remain in full force and effect except that a time extension for the approval is
hereby granted by the City Council. The time extension for approval shall be one year
from July 21, 2017.
Section 3: The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 4: The findings in accordance with Chapter 17.50 of the PMC for VAR
6 of 11 May 16, 2017, Item # 3• 1
Resolution No. P -
Page 3
17-002 are made as follows:
A. That there are special circumstances applicable to the property, and because of
this, the strict application of the development regulations deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification in that a BCE, which allows no natural vegetation removal or grading,
exists on both sides of the street and the retaining walls will enable the construction
of the gated entry and its turnaround area without grading into the BCE; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and zone, and denied to the property for which the Variance is sought in that
retaining walls will enable the construction of a gated entry that is similar to other
projects in the immediate vicinity of the project site; and
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity and zone in which the property is located in that the
walls will be designed by an engineer and building permits will be required for
construction; and
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone in that other
properties in a similar situation may also request approval of a Variance and this
Variance involves the unique circumstance of a BCE that exists on both sides of
the street; and
E. The granting of this Variance does not allow a use or activity which is not otherwise
expressly authorized by the zoning development regulation governing the property
in that retaining walls are allowable in this zoning district and the walls will enable
the construction of the gated entry and its turnaround area without grading into the
BCE; and
F. That granting the Variance or its modification will not be incompatible with the City
General Plan in that the design of the walls will enable the planting of vegetation
which will soften the appearance of the walls and minimize any visual impacts.
Section 5: The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 6: The approval of Tentative Tract Map 17-005 expires on July 21,
2018, 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. The approval of
7 of 11 May 16, 2017, Item # 3.1
Resolution No. P -
Page 4
Variance 17-002 expires on July 21, 2019. In the event that Tentative Tract Map 17-005
expires, Variance 17-002 shall become null and void.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 16th day of May 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, CMC, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No. P-17- was duly adopted by the
City Council at a meeting of said City Council held on the 16 day of May 2017 and that it
was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
8 of 11 May 16, 2017, Item # 3
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