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Item 13 - A Req. for Review of a Proposal to Amend Old Coach Golf Estates Specific Plan - PDC 21-002May 4, 2021, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway May 4, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /M Austin Silva, Senior Planner 858-668-4658 or asilva@poway.org CITY COUNCIL Pre-Development Conference 21-002, a request for review of a proposal to amend the Old Coach Golf Estates Specific Plan to designate portions of a remainder parcel as residential, establish development standards for a six-lot subdivision on a property located north of the intersection of Espola Road and Old Coach Road, and allow for the development of one residential unit east of Old Coach Road and approximately one mile north of Espola Road. Sunroad Enterprises (Applicant) is proposing to subdivide a remainder parcel into six residential lots and a new remainder parcel located north of the intersection of Espola Road and Old Coach Road spanning both sides of Old Coach Road. The property is located in the Old Coach Golf Estates Specific Plan (OCGESP) area. The Applicant is requesting to modify the OCGESP to redesignate the remainder parcel for six single-family residential lots and a new remainder parcel, allow for lots less than one acre, establish development standards for the new subdivision, allow for the development of one residential unit east of Old Coach Road and approximately one mile north of Espola Road, and the preservation of approximately 120 acres of open space. The project is subject to approval by the City Council of a Tentative Tract Map (TTM) and Development Review (DR). The review of Pre-Development Conference (PDC) 21-002 is advisory only. The City Council will not render any decision. If the Applicant wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. Recommended Action: It is recommended that the City Council provide input and direction regarding the request. Discussion: Background The Applicant is Sunroad Enterprises and the property owner is Sunroad Holding Corporation. 1 of 11 May 4, 2021, Item #13Adopted by the City Council in 1990, the OCGESP covers the Planned Community (PC) zone area located generally along the west and east sides of Old Coach Road north of Espola Road which includes the Old Coach Collection and Heritage 1 single-family residential neighborhoods, a 122.5-acre annexed site with five residential lots (Sunroad Property), and the Maderas Golf Club. The subject property (Assessor's Parcel Number 277-171-22 (Remainder Parcel)) is located north of Espola Road, east of Westling Court, south of Butterfield Trail and bisected by Old Coach Road. Adjacent land uses include single-family residential to the south and east, open space to the north, and Fire Station Two to the west. The Remainder Parcel is generally eight to ten feet below the elevation of Espola Road. The project location and zoning map is included as Attachment A. A link to the existing OCGESP is provided as Attachment B. The Applicant submitted a Pre-Application (PA) 21-001 for City staff (staff) to review and provide comments. The submittal for PA21-001 included a project description and a subdivision map for the Remainder Parcel for six residential lots and a remainder lot (Attachment C). In response to the PA, staff provided a written summary of issues to address with a subsequent formal application. For the PDC, the Applicant is seeking input from the City Council on their proposal. They provided language to include in the OCGESP that would allow for the development of one single-family residence on the Sunroad property and designate the remaining area as open space. The language reads as follows: The transfer of density to the Remainder Parcel shall provide that one (1) developable unit shall remain on the 122-acre property known as the former Snow Property. The developable area of the former Snow Property shall meet the following criteria: (i) accessible or within 100 feet from an existing street or access; (ii) meet all City regulations relative to development in or for preservation of steep slopes; and (iii) meet requirements for legal lot. The remaining acres will be allocated as open space and may be used for mitigation land designated for the sale of mitigation acreage and/or the sale of mitigation credits as a designated mitigation bank (collectively "Mitigation Bank") for Coastal Sage Scrub habitat. The eligible service area for the Mitigation Bank shall include the entirety of San Diego County including the incorporated cities and the unincorporated San Diego County. Several issues and benefits raised by staffs review of PA21-001 are discussed later in this report. Staff also recommended that the Applicant conduct a neighborhood meeting. Remainder Parcel and Existing Conditions The Remainder Parcel was created with the Tentative Tract Map (TTM) 89-13 for Old Coach Specific Plan (Specific Plan (SP) 89-01 ). A remainder parcel is a portion of any improved or unimproved land, which is not divided for the purpose of sale, lease, or financing. If a Certificate of Compliance or Conditional Certificate of Compliance is issued for a remainder parcel, it then becomes a legal lot. The City issued a Certificate of Compliance for the Remainder Parcel on February 15, 1995 in association with a Boundary Adjustment (BA 94-08) allowing for it to be subdivided subject to the Poway Municipal Code and the OCGESP. In November 1990, a revision was approved for TTM89-13 that included a realignment of Old Coach Road to its current alignment which cuts through the Remainder Parcel. The Remainder Parcel is mostly unimproved but has been graded with a large pad where five lots are proposed west of Old Coach Road. Additional landscape improvements for the entryway into the Old Coach community have been installed north of the intersection of Espola Road and Old Coach Road. Also, a Temporary Use Permit (TUP) was issued to allow for the construction and use of a sales office that is located on the portion of the parcel that is on the east side of Old Coach Road. The sales office was approved in 1998 and permitted to remain for two years or until 90 percent of the units within the subdivision were sold. The City did not pursue changing the use back to landscape after 90 2 of 11 May 4, 2021, Item #13percent of the units had been sold, and the sales office building has remained onsite. The portion of the property located north of the sales office building and east of Old Coach Road contains open space with preserved Coastal Sage Scrub habitat and a regional trail connection. The regional trail is a part of the City's General Plan trail system. 122.5-acre Sunroad Enterprises (Sunroad) Property In March 2007, a Specific Plan Amendment (SPA89-01A) was approved to incorporate five existing lots totaling 122.5 acres into the OCGESP area that increased the area from 708 acres to 830.5 acres. The 122.5-acre site is located on the east side of Old Coach Road, approximately one mile north of Espola Road, north of Hidden Valley Ranch Road and south of Cascade Crossing. The property is primarily an undeveloped steep hillside with the lower portion, adjacent to Old Coach Road, being flatter and more conducive to development. There is a large avocado orchard that borders the area to the south, however, no orchards or crops are on-site. Development of TTM06-02 was approved concurrently with SPA89-01 A allowing for the subdivision of the 122.5-acre site, reconfiguring the existing five parcels into five new clustered parcels for development of five single-family residences on the lower portion of the site, a 0.75 acre private street lot to access the new residential units, and one large, approximately 111-acre, open space lot (seven lots total). The five single-family residential lots approved with TTM06-02 range in lot area from one-net acre to 3.5-net acres. Development of TTM06-02 would have impacted approximately 11.5 acres of habitat that is directly adjacent to open space and wildfire areas, including 8.3 acres of Coastal Sage Scrub and 1.1 acres of Non-Native Grassland. TTM06-02 was automatically extended through State law and was also extended by the City Council five times, the maximum allowed by the Poway Municipal Code (PMC). The most recent extension was approved by the City Council on April 21, 2020 and expired on March 13, 2021. Therefore, the TTM is no longer valid. The TTM expiring does not affect the approval of SPA89-01A which allowed for the additional five residential lots and increased the capacity of the OCGESP by five single-family residences. The Applicant could opt to process a new subdivision on this Sunroad Property. If the five units were to be transferred elsewhere, then all of the 122.5-acre site would be required to be designated as open space to be consistent with the housing unit capacity restrictions of SPA89-01 A and TTM06-02, and Proposition FF. As proposed with the project, four units would be transferred to the remainder parcel and there would remain the ability to develop one single-family residence. Pursuant to the Habitat Conservation Plan, the development of this residence would be limited to impacting two acres of habitat. The open space designation would include preservation of two oak trees along the frontage of Old Coach Road, installation of permanent signs and fencing adjacent to developed areas, to delineate the limits of the preserved area, and an open space easement that would allow the use of the area for mitigation. Housing Capacity for OCGESP The OCGESP was approved with a maximum of 156 housing units on lots with a minimum area of one acre. The approval of SPA89-01A allowed for an additional five residential lots (161 total) with the annexation of the 122.5-acre Sun road Property. Because the 122.5 acres from SPA89-01 A are still a part of the specific plan area, the five lots from this property could be transferred elsewhere within the OCGESP provided the Sunroad Property is preserved for open space in perpetuity and no units are available there. As previously discussed, with the proposed project, four units would be transferred with one unit remaining on the Sunroad Property. Additionally, there have been two lot consolidations processed in the OCGESP area that relinquished 3 of 11 May 4, 2021, Item #13the ability to construct single-family homes on those parcels that were consolidated. This allows for the ability to construct two single-family lots elsewhere within the OCGESP area without exceeding the dwelling unit cap. Combining the five lots allowed through SPA89-01A with the two lots from lot consolidations, a total of seven single-family lots are permissible with a specific plan amendment in locations elsewhere within the OCGESP area. Consequently, the Applicant is proposing a six-lot subdivision on the Remainder Parcel and one single-family dwelling to remain within the 122-acre Sunroad Property. Specific Plan Amendment To allow for a six-lot subdivision on the Remainder Parcel, a SPA would be required for the following reasons: • Designate portions of the existing Remainder Lot as a residential use in the OCGESP. This would also include revising the Development Concept Plan to accurately depict the current development and land uses of the OCGESP. • Designate the Sunroad Property as open space and limit residential development to one single-family dwelling on that property. This is required to stay within the dwelling unit cap of the OCGESP and comply with Proposition FF. • Establish development standards for the proposed six-lot subdivision. The OCGESP requires a minimum lot size of one acre and other regulations for the development of homes generally follow the requirements of the Rural Residential C Zone, but with more restrictive standards. Five of the lots in the proposed six-lot subdivision have lot sizes of 27,199 square feet (0.62 acres) which do not meet the one-acre minimum. The Applicant has not yet indicated what the development standards would be for the proposed subdivision nor has a site plan been provided showing the proposed building footprints and other site improvements. This subdivision would create a new type of residential neighborhood with a different character than the existing neighborhoods throughout the OCGESP because of the smaller lot sizes, but would be required to be designed to complement the architecture of existing residences and community structures within the OCGESP area. • Revise exhibits and amend content in the plan for aspects of the proposed subdivision that are not consistent with the OCGESP. For example, the proposed subdivision does not conform with OCGESP's private non-dedicated street standards or streetscape design features. The SPA would include new private street standard exhibits and added narratives regarding exclusions from certain streetscape standards. Other aspects of the project that are not a part of the amendment would be required to comply with the OCGESP. Tentative Tract Map and Development Review <DR) A TTM would be required to subdivide the Remainder Parcel into six lots. As shown on Attachment C, five lots that are all 27,199 square feet (0.62 acres) are proposed on the west side of Old Coach Road and would be accessed from a private cul-de-sac. Lot 6 is 49,495 square feet (1.13 acres) and is proposed on the east side of Old Coach Road with direct driveway access generally in the location of the existing sales office. The subdivision map that was submitted with PA21-001 included two options for connecting to sewer for Public Works to consider. The first option involves installing a private forced sewer main in Old Coach Road that would be supported by a private sewer pump and lift station. The second option involved connecting to an existing gravity sewer line that is approximately 3,800 feet to the north in Old Coach Road. Public Works responded that option one is preferred. A Development Review (DR) will also be required to be reviewed by the City Council when specific 4 of 11 May 4, 2021, Item #13improvements and architectural elements are proposed with the subdivision. Pre-Application (PA) 21-001 Several issues were identified by Staff through the review of PA21-001 that included, but are not limited to, the following: • The creation of Lot 6 in the proposed TTM is not consistent with the intent of the OCGESP for the area on the east side of Old Coach Road. Lot 6 is on the low side of Old Coach Road and more prominently visible at the entry into the OCGESP area. The OCGESP discusses this entry point as a sense of place and arrival and a statement as to the quality of the development. Espola Road is a scenic corridor and surrounding views should be representative of this. The OCGESP discusses a mini-park in this area (e.g., tot lot, dog park, play area) and the approved plans show turf and ornamental landscape in this area since the TUP for the sales office has now expired. Staff recommended that the Applicant consider other community benefits for Lot 6 in lieu of the required turf and ornamental landscape that are consistent with the goals and policies of the OCGESP (e.g., a dog park, a tot lot). • Providing through pedestrian connections to Westling Court. • There are potential traffic concerns and a traffic study will be required. The driveway locations could create a sight distance hazard for drivers exiting the driveway near the bend in Old Coach Road with southbound traffic approaching Espola Road. • A noise analysis may require noise mitigation from traffic noise from Espola Road and Old Coach Road onto the proposed residences and noise mitigation (e.g., sound walls, earthern berms with landscape) may be required. • The compatibility of the proposed lots (smaller than one acre) with the existing residential development within the OCGESP and surrounding community. • Appropriate development standards for the proposed subdivision since it is more prominently visible from Espola Road and Old Coach Road. • Compliance with development regulations in the Very High Fire Hazard Area. • Stormwater retention improvements required could change the lot design. • Other community benefits could be considered as a part of the project proposal (e.g., trail improvements and connections to improve public safety). Staff also noted several benefits to the proposal including the provision of housing and meeting housing needs, the new location of the residential lots is farther away from open space areas with reduced wildfire risk, and the project would potentially preserve an additional 11.5 acres of open space/habitat on the Sunroad Property, by not developing there. The review of PDC 21-002 is advisory only. The Applicant is seeking feedback on their proposal to amend the OCGESP to allow a six-lot subdivision on portions of the Remainder Parcel. The City Council will not render any decision. If the Applicant wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. The Agreement of Understanding is included as Attachment D. A neighborhood meeting, or notification of surrounding properties was not conducted for this item, but was recommended if the Applicant continues to pursue the project. Environmental Review: Because no action can be taken, this item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. 5 of 11 May 4, 2021, Item #13Fiscal Impact: None. Public Notification: None. Attachments: A. Zoning and Location Map B. OCGESP (on file in the Office of the City Clerk) https:ijdocs.poway.org/Weblink/Browse.aspx?id=151667&dbid=0&repo=CityofPoway C. Proposed Subdivision Map for Remainder Parcel D. Agreement of Understanding Reviewed/ Approved By: Assistant City Manager 6 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager May 4, 2021, Item #137 of 11 City of Poway Zoning / Location Map Item: PDC 21-002 ... 0 5001,000 NORTH !L-j Feet ATTACHMENT A RR-A OS-RM I r--1 -'I ,_ -I I L-r I May 4, 2021, Item #138 of 11 OCGESP (on file in the Office of the City Clerk) https://docs.poway.org/Weblink/Browse.aspx?id=151667&dbid=0&repo=CityofPoway ATTACHMENT B May 4, 2021, Item #130 -ti ...ti. ...ti. )> :j 'X"'.'\.~''.~~ >!',\); ·. ;;JI{ l> ~"-.~~~,;j\<I:~··-,,,> n :::c s: m z -4 n t1:1t. __ ::~_-_\?~~~l.·•._· .... :--~_:_\.; __ "'_.-_·. r ., -·~--\.. -{ ·''\..\'-"' '--"'. ' ' ' ~~-; -~~-\•:~ " (E) 10• ACP WATER LINE ~ PER CITY OF POWAY DWG. NO. TM 69-lJR KEY MAP ~ N TENTATIVE (D -RANCHO BERNARDO RO (V -ESPOLA RD (}) -OLD COACH RD @ -WES11.INC CT @-BUTTERnELD TRAIL .r . ...._ I ' TRACT MAP: OWNER'S CERTIFICATE SHEET ....L OF __l_ SHEETS THE SUBOI\IIOER AGREES TO DEFEND, INDEMNIFY ANO HOLD HAR"4LESS THE CITY OF POWAY ANO ITS A.GENTS, OFFICERS ANO EMPLOYERS FROM ANY CLAIM, ACTION OR PROCEEDING AGAINST THE CITY Of POWAY OR ITS AGENTS. Of"F'ICERS OR E"4PLOYEES TO ATTACK, SET ASIDE. VOID QR ANNUL AN APPROVAL FROM THE CITY OF POWAY CONCERNING THE SUBDIVISION WHEN SUCH ACTION 1$ BROUGHT WITHIN THE TIME PERICO SPECIFIED IN GOii. CODE z 0 F (J :, ~-'::::::::::::: -- ill "G-2. CURB & GUTTER· PER s.o.R.s.o. sro·s. LEGEND ~ SUBDIVISION BOUNDARY EXIST. EDGE Of PAVEMENT EXIST. CONTOURS EXIST. RIGHT-OF-WAY EXIST. EASEMENT SOCWA EXIST. EASEMENT AGUEOUCT [XIST.EASEMENTUTIUTY EXIST. EASEMENT ROAD EXIST. EASEMENT STORM ORA.IN EXIST. STORM DRAIN. EXIST. WATER MAIN EXIST. SEWER LINE EXIST. F'IRE HYDRANT PROP. LOTIJNE. .. PROP. DRIVEWAY .. PROP. PCT ROAD PROP. EDGE Of PA'v£MENT. PROP. nRE HYDRANT .. PROP. SEWER L.AlERAL. .. • •....••..... , .. s·-a" PERMEABLE PAVING OVER 2"-4•__./ Sl'MllQl. ®-- s--- ~ OF arnoINc cauRSE OVER 12· or I GRAVEL BEFORE NATIVE 'MTH A 5• ~OPOSEO !" PVC WAlER MAIN PERFORATED UNDER DRAIN CALLE:¾OUT R/W IF REQUIRED BY GEOTECHNICAL ENGINEER PROPOSED •• PVC SE'M:R ..... STREET SECTION @ NOT-TO-SCALE :io· 'i. so·IRow l JO' R/W ' . I l 't, 1 I 1:;......-., -:.>------r-____ ,:.---r----~----.l-------<, /y1/ L__J ~, (E) 6" TYPE G CURB ANO GUTTER OLD COACH ROAD NOT-TO-SCALE SECTION 66-499.37. THIS CERTIF"ICATE IS CONDITIONED UPON THE CITY OF POWAY PROVIDING PROMPT NOTICE TO THE SUBOl\llOER AS PROVIDED BY THE ACT. (COIi. CODE 66-47-4.9} SUBDIVIDER'S CERTIFICATE WE HEREBY CERTIFY THAT WE ARE THE RECORD OWNERS OF THE PROPERTIES SHOWN ON THE ATTACHED TENTATIVE PARCEL MAP AND THAT SAID "4AP SHOWS THE ENTIRE CONTIGUOUS OWNERSHIP. WE UNDERSTAND THAT PROPERTY IS CONSIDERED CONTIGUOUS EVEN IF IT IS SEPARATED BY ROADS, STREETS. UTILITY EASEMENTS OR RAILROAD RIGHTS-OF-WAY. SUBOI\IISION NA"4E: SUBOI\IIOER AODRESS: LEGAL DESCRIPTION: MADERAS REMAINDER PARCEL SUNROAO HOl.OINC CORPORATION -4445 EASTCA TE MALL. f,400 SAN DIEGO, CA 92121 16925 OLD COACH RD POWAY, CA 9206• THE REMAINDER PARCEL IN THE CITY Of POWAY. COUNTY OF SAN DIEGO, STATE OF' CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 17-433. FIL£0 IN THE ~~c\fFI~EN~Y:~-~i~~~R JF ~1~1£i~c~~~~ ON OCTOBER 1-4, EXCEPTING THEREFROM THAT PORTION LYING 'MTHIN PARCEL A OF CERTIFICATE Of C01o4PLIANCE BOUNDARY AO.JJSTMENT NO. BA 94-08. RECORDED FEBRUARY 16. 1995 AS FllE NO. 1995-00711.38 Of OFFICIAL RECORDS CALIFORNIA COOROINA TES MAP TOTAL GROSS ACREAGE! AREA DEVOTED TO: MINIMUM NET PARCEL SIZE MAXIMUM NET PARCEL SIZE· AVERAGE NET: PARCEL SIZE: SETBACKS· FRONT YARD ~l!~~~gr\::~o PRESENT USE: UTILITIES: WATER ELEMENTARY SOiOOL HIGH SCHOOL SOlAR STATEMENT: 310-1755 15.65 ACRES PUBLIC ACCESS EASE"4ENT • 0 SF PUBLIC ROADS • 0 SF PRIVAl[ ROADS • 8.655 SF SIGNIFICANT '11!£TLANDS • 0 SF 0.50 AC. 1.1.:5 AC. 0.70 AC. 6 LOTS PLUS REMAINDER PARCEL PLANNED C0"4"4UN1TY (PC} N/A N/A DEPENDING ON ZONING REGULATIONS &. A \IC. SLOPE mo mo mo mo SINGLE FAMILY RESIDENTIAL SUBOI\IISION POWAY UNlflED SCHOOL OtSTRICT POWAY UNlf"IED SCHOOL DISTRICT Tl-US IS A SOLAR SUBDIVISION AS REQUIRED BY THE SUBDIVISION ;~:t~~~~ftc~i~S ~0 HA~ AT AERIAL SURVEY ON 2018 12/09/2020 ~ (/l z 0 (J a:: 0 lJ. l-o z >-a:: 4: z j J w a:: Q_ 0 z ~ O'.::,e :,o "''-' ~~ ~i uJo uJ:, ~g W_J -'< ~~ "''--8'--~~ .--T-E_N_T_A_T-IV_E_T_R_A_C_T_M_A_P--~~ i 1-n'->'ll"LLH ....,, "'_.'"" CITY Of" POWAY RCE-7911 O:::;'ji I HER~~ClARE THAT I AM THE ENGINEER Of WORK FOR APN; 277-171-18 &: 22 w-:=_-- ~,~c.9.i!~~-~~I~9.J,.~R~,~Yfti9 &A11JJ;/; r--._ g~ MAD~:tf5 RJL~Atgf~H p:DRCEL ~g RAN CHO COAST AL ~~·:R·~ri~~ t~i~:~~.RESPDNSJBLE C) .. 0,ur,o..,., PROJECT NAME&: SITE ADDRESS: ~~ ~ J~~ vi:.~~;, ~"."'.,t\°i , DOUGLAS E. LOGAN -o=, ~ -.~-POWAY, CA 92064 ~\,! I IJ , T.B.N~C-~~}g FJ (760) 510-3152 Ph / (760) 510-3153 F'ox ~ EXPIRES; ~ .,,I' IN cM.'~~ CAUF()RNIA COORDINATE INDEX: .319 1755 ~~ @ -BERNARDO CENTER OR Q) -POMERAOO RO R:\Pro_iects\7911 -Sunrood Hokl1n<J\ENGINEERING CAO FILES\7911-TM01.d1"9 1/20/2021 9:00 AM May 4, 2021, Item #13:;' . ~;~~~>,?,~+> t // ~ ~ ,_ ••.··.· '\.' ;-,.','\ ·, '\'-\_·v,,<· ....... ········,/-j/' ""T1, x-" •0-'\:--._~"'o''-,-,,_· '· ',, ____ ·1··-...i, ''',,>,,,,,,,,,, ,.- ~ ,,_, , . i A --:J{;/:::>':->: ~i /.< , -~~✓-;-; --·. . I r.2~~~~= //~/~~J A~-·- ,_j'. /~<-9.~.}; ·f{f::~<[ / ~ <~~;::____~ ~ ~:-:\> ,?'\~\-:\ ''{,J,·.~\~- LOT 3 / '.<:t . ·. ~ t~l~"') \ 1 ; 2~~~il~ I ,, •. j · •. ·. i / ''·°'~,,• v ,\,✓/ j ~O /' e•J \\ •:.,._("=wsAA · j \;' i / • •-"':.-" . -. , I , ---\ "\ i fh . ._-·• ' 11~\SSUB·-E•CT .. ~. .. --'-... -.··:_ .. '-'-c~--050--::-.... '/ ~~ \,"~ '{ t ~~~t~~~'.~~~= ,, / ~;~q;33?~~ ~ 27,199.83 , SQ, FT. / (0.62 AC) IMPER'¥10US AREA-5,51fl S.F. ; / / / ' ~.• ! es.eou "°"' .· . ---· ·•. ----------~,---..., -, -, ----·~·-------=-• ·---------.~.--~.-----..c,~- 2,. (~•o4 ~.~ > -,,~~\-, 2-,_ • \";Jir'iVi~:~~ ( H LOT TOP AOING PLAN&: MORA, ~R:~/:~v~~E:fAD TO BE ~~~R~~ :g-:ARi:~7JR ™lj~ !i~:io~~!~~t ~?r~Z: ,6.Ll DRAINAGE TO BE ROUTEI NG DRAINAGE F'Aiun 1RESS: EMAINDER PARCEL OLD COACH RD Y, CA 92064 Jl0-1755 -1/20/2021 9:01 AM ws ~r i! ~f May 4, 2021, Item #13AGREEMENT OF UNDERSTANDING City Council for the City of Poway, hereinafter referred to as "City' and 5 V,../,t.l)p,() -f/,,t.,,0,,..J l=f J hereinafter referred to as 'Proponenf enter into this ZcP,~ Agreement of Understanding based upon the following facts: · Proponent owns or has an equitable interest in land described by tax Assessor's Parcel Number(s) ,2. 7 7-/7/-/ 9 Awi) Z-2.. . Proponent desires to develop this ; property in accordance with the will of the City and without the expense of a protracted development. City is concerned that Proponent will create development plans unsatisfactory to City and consume time and effort of City employees needlessly on unsatisfactory development plans unless City assists in directing Proponent. Bas"Efd upon the atmve-mentionea facts, CitY will grant Proponent a hearing ·prior' to filing any application for development upon the following understanding: 11 of 11 a. City will render no decision with regards to any development proposal or part thereof. b. City will receive no evidence, specific in nature, in support of a particular development plan. Dated: c. City will make no representations that will obligate the City to render a decision in favor of or against any development proposal or part thereof Proponent may subsequently submit. d. If any development proposal is subsequently submitted, Proponent will proceed at its sole and exclusive risk with the understanding that City has made no representations upon which Proponent may rely. 11--/--2-D Proponent: ~~ ~ . ATTACHMENT D