Res 20-029RESOLUTION NO. 20-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR TENTATIVE TRACT MAP 19-004 AND MINOR
DEVELOPMENT REVIEW APPLICATION 18-014 FOR THE
CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE AT THE
WEST END OF DEL PONIENTE ROAD, AND MODIFICATION OF
MITIGATION MEASURES AND CONDITIONS OF APPROVAL TO
ALLOW A TWO-STORY HOME AND REVISE THE BOUNDARY OF
AN EXISTING OPEN SPACE EASEMENT ON LOT 10 OF
WILLIAMS RANCH, ASSESSOR'S PARCEL NUMBER 314-840-10
WHEREAS, on November 20, 1990, the City Council approved Tentative Tract Map (TTM)
89-09 (Resolution P -90-87A), a 10 -lot residential subdivision of an approximately 77 -acre property
known as Williams Ranch and the Mitigated Negative Declaration for TTM 89-09 subject to
mitigation measures and conditions of approval;
WHEREAS, mitigation measures and conditions of approval in Resolution P -90-87A
related to Site Development and General Requirements and Approvals, restricted future
development on Lots 3, 5, 9, and 10 to one-story to preserve scenic views of higher lying areas
and established open space easements over portions of Lots 5, 6, 7, 8, 9, and 10 within the
subdivision for protection of biological resources, land formations, rock out-croppings, and/or
scenic views of the project site;
WHEREAS, the City Council considered TTM 19-004 and Minor Development Review
Application (MDRA) 18-014 for a request to construct a 6,982 square -foot, single-family home
and a 2,492 square -foot of garage, workshop, and storage area on Lot 10 of the Williams Ranch
Subdivision, and a revision to TTM 89-09 to modify adopted conditions of approval and mitigation
measures to remove the one-story development restriction on Lot 10 and to modify the shape and
location of the open space easement on Lot 10 as shown on TTM 89-09 and Final Map #014091;
WHEREAS, on May 19, 2020, the City Council held a duly advertised public hearing to
receive testimony from the public, both for and against, relative to this matter; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project, including the attachments, and has considered all 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: In accordance with the requirements of the California Environmental
Quality Act (CEQA), an Environmental Initial Study (EIS) and a proposed Mitigated Negative
Declaration (MND) have been prepared for TTM 19-004 and MDRA 18-014 involving the revision
to TTM 89-09 and construction of a single-family residence on Lot 10 in the Williams Ranch
Subdivision. The City Council has considered the EIS and MND, and public comments received
on the EIS and MND. The subject EIS and MND documentation are fully incorporated herein by
this reference. 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 environment. The City
Council hereby adopts the MND (Exhibit A) and the Mitigation Monitoring and Reporting Program
Resolution No. 20-029
Page 2
(MMP) included as Attachment 2 to Exhibit A.
SECTION 2: Pursuant to the Poway Subarea Habitat Conservation Plan (PSHCP), a
biological report titled "Report of a Biological Assessment over APN 314-840-10, Williams Ranch
Lot 10 City of Poway, California" was prepared for the property dated September 26, 2018 and
last modified on June 20, 2019 by Cummings and Associates. The report evaluated the project
relative to the Master Mitigation Agreement (MMA) recorded on the property at the San Diego
County Recorder's Office on August 26, 2003, for the Williams Ranch Subdivision (TTM 89-09).
The MMA terms were established pursuant to the PSHCP companion Implementing Agreement
dated June 1996, and in consultation with the Wildlife Agencies. The MMA, among others, allows
for a total of two acres of habitat to be disturbed on each of the 10 lots of the Williams Ranch
subdivision, including paved driveways, but excluding septic fields, which are to be revegetated.
All impacts associated with the road and water easement were previously mitigated per the MMA.
The 13.55 -acre property contains 7.08 acres of Southern Mixed Chaparral (SMC) and 6.3 acres
of Coastal Sage Scrub (CSS). The remaining 0.17 acres of the site is developed with a partially
paved driveway leading to the proposed development site habitat. A 3.67 -acre open space
easement established by TTM 89-09 exists on the property. The proposed project would modify
the shape and location of existing open space easement by vacating 0.12 acres of the easterly
portion of the easement in order to provide the full 100 -foot fire fuel management zone for the
proposed development. An area equal in size, habitat and function is proposed to be exchanged
("swapped") for this impacted area by placing an open space easement over an 0.12 -acre area
of the property contiguous to the northern boundary of the existing easement.
The proposed development would result in the following habitat impact and preservation:
The proposed project would disturb approximately two acres of habitat consisting of 0.42 acres
of SMC, 1.31 acres of CSS, and 0.17 acres of impact associated with the existing driveway. In
addition, a 0.51 -acre habitat would be disturbed as a result of the installation of the septic field
but will not count against the two -acre habitat impact limit because it will be revegetated with
SMC or CSS depending upon the type of the surrounding habitat. In accordance with the MMA,
a Biological Conservation Easement (BCE) would be established over the remaining approximate
6.4 acres of SMC and 4.62 CSS for a total of 11.02 acres of habitat. The 11.02 -acre BCE will
also include the existing 3.67 -acre Open Space Easement. An approximately 0.46 -acre Open
Space Easement (OSE) will be created over the revegetated septic field to preserve its habitat
value. Further, as set forth in the MND, all impacts on biological resources will be less than
significant after implementation of the mitigation measures required by the MND, EIS, and MMP
attached hereto as Exhibit A.
SECTION 3: According to the Community Development Element of the General Plan,
the project site is located in the City's designated Hillside Ridgeline Areas which is subject to
grading, building, and landscape design strategies to protect significant natural hillside landforms,
make development blend in with natural landforms, and preserve scenic views of higher lying
areas. The project site is visible from the southwest along Pomerado Road and adjoining
residential neighborhoods near Twin Peaks Road. The proposed two-story development will be
located in a recessed development area ("saddle") between two knolls. Although the building
would project four feet above the easterly peak, the visual analysis submitted for the project show
that the visual impacts of the projection will be mitigated to be less than significant, especially in
the context of the ridgeline gradually increasing off-site in an easterly direction. With the
implementation of the recommended mitigation measures that will result in the development
Resolution No. 20-029
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visually blending in with the natural setting, the potential impacts of the Project on aesthetics
would be reduced to a less than significant. These mitigation measures have been incorporated
into the MND and will be enforced through the MMP attached hereto as Attachment 2 of Exhibit
A.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 19th day of May, 2020 by the following vote, to wit:
AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk