Res P-17-07RESOLUTION NO. P-17-07
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;
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;
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;
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;
Resolution No. P-17-07
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;
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;
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;
WHEREAS, the Applicant is requesting a one year extension of the Tentative Map
approval and renewed approval of the previously approed 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;
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.
Resolution No. P-17-07
Page 3
Section 4: The findings in accordance with Chapter 17.50 of the PMC for VAR
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;
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;
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;
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;
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
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.
Resolution No. P-17-07
Page 4
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.
r
Steve Vaus, Mayor
ATTEST:
i
Na cy eu el CMC, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P-17-07 was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of May 2017 and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nano Neufeld, CMC, City Clerk
City of Poway