Item 15 - TTM 17-005VAR 21-003 – Hidden Valley Ranch; A Request for a 41-lot Sub with over Height Entryway Retaining Walls at 17150 Old Coach RoadJuly 20, 2021, Item #15DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services -,fol\ Austin Silva, Senior Planner ~ (858) 668-4658/asilva@poway.org CITY COUNCIL Tentative Tract Map 17-005/ Variance 21-003 -Hidden Valley Ranch; a request for a 41-lot subdivision with over height entryway retaining walls at 17150 Old Coach Road. Tentative Tract Map (TTM) 17-005 is a request for a 41-lot, single-family subdivision on an approximate 420-acre site within the Hidden Valley Ranch (HVR) Specific Plan area in the Planned Community (PC) zone. Variance (VAR) 21-003 is a request to construct entryway retaining walls that exceed the six-foot height limit. An extension for this map was approved on July 17, 2018 and the variance was approved on May 16, 2018. This action would be a re-approval of the same map and variance with no revisions. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: Project Description The project applicant is Landmark Consulting and the property owner is HVR Poway, LP. 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 single-family residence and an active agricultural ranch. The HVR project was originally approved in 2003. The main components of the project have remained unchanged and generally consist of a single-family home neighborhood; preservation of the majority of the existing agricultural operation, the existing ranch house, and 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 project are included in the approved HVR Specific Plan, which are available online through a hyperlink provided as Attachment C to this report. 1 of 21
July 20, 2021, Item #15A 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 D. Project History 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 ungated, 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 TTM 15-001, Specific Plan Amendment (SPA) 15-001 for applicant requested revisions involving a gate and private roads for the entire project, and Variance (VAR) 15-002 for an over height retaining wall, under Resolution P-15-20. On May 16, 2017, the City Council approved TTM 17-005, extending the approval of TTM 15-001 by one year, and VAR 17-002 for an over height retaining wall, under Resolution P-17-07. On July 17, 2018, the City council approved TTM 18-004, extending the approval of TTM 17-005 by one year, under Resolution P-18-19. On July 21, 2019, TTM 18-004 expired because an extension was not applied for. VAR 17-002 became null and void on this date also because the TTM that is was associated with expired. The applicant and owner experienced hardships around the time of the TTM expiration date and there was a misunderstanding about the TTM extension process which resulted in the expiration. The owner was still interested in moving forward with the project and had started to obtain permits from the Army Corps of Engineers, California Department of Fish and Wildlife, and the Regional Water Quality Control Board. The applicant used TTM 17-005 as the project identification number for the permits with the aforementioned agencies and requested that this number be used for the resubmittal of the project for consistency moving forward. Otherwise, this project would have been assigned a ''TTM21" number. This project is essentially being reviewed and processed as an extension to the prior TTM since no changes are proposed. 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. This is the same variance request (VAR 17-002) that was approved in May 2017. A site plan showing the retaining wall locations is included as Attachment E. 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. 2 of 21
July 20, 2021, Item #15All 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 21-003 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 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 enable 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: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the approval of the HVR project and was certified on November 18, 2003 (State Clearing House #2001121009). The EIR analyzed the potential impacts of the HVR Specific Plan and subdivision. The proposed TTM is consistent with the HVR Specific Plan and previously approved TTM. Therefore, no further environmental analysis is required because the project's 3 of 21
July 20, 2021, Item #15impacts have already been adequately analyzed and are fully covered by the previously certified EIR. 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. Hidden Valley Ranch Specific Plan (https:/ /docs.poway.org/Weblink/Browse.aspx?id=151672&dbid=0&repo=CityofPoway) D. Overall Site Plan E. Retaining Wall Locations Reviewed/ Approved By: Wend Kaserman Assistant City Manager 4 of 21 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
July 20, 2021, Item #15RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 17-005 FOR A 41-LOT SUBDIVISION, AND APPROVAL OF VARIANCE 21-003 FOR AN OVERHEIGHT RETAINING WALL, ASSESSOR'S PARCEL NUMBERS 277-070-34, 277-080-27, 277-080-22, 277-241-01, 277-241-02, 277-241-03, 277-041-04, 277-241-05, 277-241-06, 277-241-07, 277-241-08, 277-241-09, 277-241-10, 277-241-11, 277-241-12, 277-241-13, 277-241-14, 277-241-15, 277-241-16, 277-240-01, 277-240-02, 277-240-03, 277-240-04, 277-240-05, 277-240-06, 277-240-07, 277-240-08, 277-240-09, 277-240-10, 277-240-11, 277-240-12, 277-240-13, 277-240-14, 277-240-15, 277-240-16, 277-240-17 WHEREAS, on July 20, 2021, the City Council considered Tentative Tract Map (TTM) 17-005; a request for a 41-lot, single-family subdivision on an approximate 420-acre site located at 17150 Old Coach Road within the Hidden Valley Ranch (HVR) Specific Plan area in the Planned Community (PC) zone and Variance (VAR) 21-003; a request to construct entryway retaining walls that exceed the six-foot height limit; WHEREAS, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; 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; and WHEREAS, the approved development plans are incorporated by reference herein as Exhibit A to this Resolution available on file in the Development Services Department, also known as the TTM site plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the approval of the HVR project and was certified on November 18, 2003 (State Clearing House #2001121009). The EIR analyzed the potential impacts of the HVR Specific Plan and subdivision. The proposed TTM is consistent with the HVR Specific Plan and previously approved TTM. Therefore, no further environmental analysis is required because the project's impacts have already been adequately analyzed and are fully covered by the previously certified El R. SECTION 3: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM 17-005, are made as follows: A. The Map is consistent with the General Plan in that the cluster subdivision design, with a total of 41 lots on 420 acres of land that has an average natural slope of 21 percent, is consistent with the density limitation of the Rural Residential A General Plan land use 5 of 21 ATTACHMENT A
July 20, 2021, Item #15Resolution No. 21-Page designation; the cluster subdivision design enables the preservation of large blocks of natural habitat areas in permanent open space; and the subdivision design provides a public recreation trail. B. The site is physically suitable for the type of development proposed in that the project has been designed to comply with the density limitations of the General Plan, hillside development standards, and requirements of the PMC. C. The site is physically suitable for the density of the development proposed in that the lot sizes and configurations have been designed to make allowances for the steep topography of the site. D. The design of the Map is not likely to cause substantial environmental damage or avoidable injury to humans and wildlife or their habitat in that the project development would not cause unavoidable adverse conditions to humans and the project is in compliance with the Poway Subarea Habitat Conservation Plan. E. The Map is not likely to cause serious public health problems because City water, sewer, and drainage system improvements are required as a condition of approval. F. The design of the Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. G. The Map will not create any unmitigated adverse significant impacts on the environment. H. The grading plan for the proposed Map includes several cut or fill slopes that are 30 feet or greater, but not exceeding 40 feet in vertical height. The City Grading Ordinance requires City Council approval of all fill slopes of such height. The City Council finds that such slopes are reasonable and necessary to develop the Project, and therefore, such slopes are hereby approved. SECTION 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the Map are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 6 of 21 1. Onsite and offsite drainage improvements will be provided for the increase in surface water runoff. 2. New fire hydrants will be required to serve the new development and provide fire protection. 3. Water and sewer fees shall be paid, and onsite and offsite improvements made to provide water and sewer service to the development. 4. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access.
July 20, 2021, Item #15Resolution No. 21-Page 5. A public recreational trail will be provided through the project site to connect the existing public trail on Old Coach Road to the west of the site with existing trails to the south of the site in the Blue Sky Ecological Reserve, thereby providing a community wide recreational amenity. SECTION 5: The findings in accordance with Chapter 17.50 of the PMC for VAR 21-003 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 Biological Conservation Easement (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 8. 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 6: The City Council hereby approves TTM 17-005, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" dated July 20, 2021 (Exhibit A hereinafter) on file with the Development Services Department, except as noted herein and subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to TTM 17-005) and any environmental document or decision made pursuant to CEQA. The 7 of 21
July 20, 2021, Item #15Resolution No. 21-Page City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. 8. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A" and on file at the Development Services Department. If actual conditions and details vary from representations on Exhibit A, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. D. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. The conditions for the project shall remain in effect for the life of the subject property, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with: 8 of 21 1. The proposed boundary adjustment shown on the Tentative Tract Map is not approved as a part of this entitlement. Prior to Final Map approval or Grading Permit issuance, whichever occurs first, the applicant shall submit documentation that the U.S. Bureau of Land Management (BLM) supports approval of a boundary adjustment, prior to the City processing a separate Boundary Adjustment application, which will be submitted and paid for by the applicant. If the BLM does not support the boundary adjustment, it shall be removed from the Final Map. If the SLM does not support the boundary adjustment, any encroachment of agricultural operations off the HVR site shall be removed before Final Map approval or Grading Permit issuance, whichever occurs first. The area shall then be restored to natural habitat. If the SLM does not support the boundary adjustment, prior to Final Map approval or Grading Permit issuance whichever occurs first, the applicant shall submit and receive approval of a habitat restoration plan. The habitat restoration plan shall identify interim erosion control measures necessary because of the encroachment removal, the timing of habitat restoration
July 20, 2021, Item #159 of 21 Resolution No. 21-Page activities, and an appropriate restoration monitoring term. The habitat restoration plan shall be reviewed by the City's Consulting Landscape Architect. Review fees are the responsibility of the applicant. 2. The approval of TTM 00-02 established a Letter of Availability (LOA 291) to reserve sewerage availability for 41 Equivalent Dwelling Units (EDU's). A reservation fee in the amount of $27,519.20 was paid by the applicant and represents 20 percent of the sewerage connection fee in effect at the time the LOA was issued. LOA 291 will be reissued with the approval of this TTM and will be credited with the 20 percent payment. Thirty percent of the sewer connection fees, in the amount of $41,278.80 shall be paid within 30 days from Final Map recordation. Each residential lot shall pay its portion of the sewer connection fee in the amount of $1,678 prior to Building Permit issuance. The total balance of the sewer connection fee, $68,798.00, representing fifty percent (50%) payment, less previously paid lot portions, shall be paid no later than 36 months from recordation of the Final Map, unless otherwise granted a time extension to complete the project. Reference is hereby made to City Ordinance No. 83, codified as Chapter 13.08 PMC as to time extensions and for other particulars. 3. Within thirty (30) days after tentative map approval, the applicant shall submit in writing to the City's Planning Division that all conditions of approval have been read and understood. 4. This approval is based on the existing site conditions represented on the approved tentative map. If actual conditions vary from representations, the approved tentative map must be changed to reflect the actual conditions. Any substantial changes to the tentative map must be approved by the Director of Development Services and may require approval of the City Council. 5. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. 6. The final map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant. The final map shall conform to City standards and procedures, the City Subdivision Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, the Resolution of Approval as approved by the City Council, all other applicable laws, regulations and ordinances and shall be in substantial conformance with the approved tentative map. The applicant/developer shall cause the dedication of the following easements to the City and/or on behalf of the public, unless otherwise indicated:
July 20, 2021, Item #1510 of 21 Resolution No. 21-Page a. An easement, a minimum of 20.00 feet wide, for each new public water line or new public sewer line located outside a publicly dedicated street right-of-way, shall be dedicated to the City. If water and sewer lines are installed parallel with each other, the combined width may be reduced to 30.00 feet. b. Open Space Easements over Lot C. The Open Space Easement referred herein are for general open space use and shall be granted to the City of Poway and to the Wildlife Agencies. Lot B and Lot C shall be designated in the Final Map as "Open Space Lot B" and "Open Space Lot C", respectively. (For reference, see certified project EIR on file with the City). c. The project's private streets shall be constructed to local, non-dedicated rural street standards and depicted on the final map. Applicant/developer shall obtain approval of street names from the Development Services Department Planning Division prior to Final Map approval. Easements shall be provided to areas needed for fire hydrant installation and access, the dimensions of which shall be determined by the City on a case by case basis at time of Final Map review. d. Access and general utility easements. These easements are needed where there is a public utility. Access easements shall include maintenance of utilities and access roads. Dedication of these easements to the City shall include the right to assign those easements, in whole or in part, including the right to assign to telecommunications companies or public utility companies for the provision or expansion of such services. e. Recreational trail easement(s), the width and location of which shall be approved by the Public Works Department and/or the Development Services Department. The easement(s) shall be consistent with the trail alignment shown on the TTM. This easement(s) shall be dedicated to the City of Poway for public use. The applicant may propose an alternative alignment for the trail easement after recordation of the Final Map. Any alternative alignment is subject to City approval, and depending on the extent of variation in the alignment shown on the Tentative Tract Map and Final Map, an alternative may involve an amendment of the project approval, payment of processing fees, additional environmental review, and City Council action. Should the applicant propose an alignment that would require the acquisition of an easement on property other than the project site, the applicant shall be responsible for securing such easement(s). Documentation of offsite easement acquisition shall be required with submittal of the proposal to the City. The applicant may satisfy this requirement with an alternative written instrument conveying the required recreational trail or trails to the City, in a form and manner approved by the City Attorney. f. Drainage easements, if any. The easement, a minimum of 20.00 feet wide, is required for all drainage facilities to be maintained by the City. The City shall make a determination, during improvement plan and/or Final Map review, as to which drainage facilities are to be City-maintained. g. Flowage easements, if any. IUhere is an alteration of the streambed that would cause the 100-year floodway inundation to extend beyond existing flowage easements, appropriate easements shall be dedicated to the corresponding agency, if other than the City of Poway, prior to Final Map approval. If flowage easement is to be maintained by the City of Poway, it shall be dedicated through the Final Map.
July 20, 2021, Item #1511 of 21 Resolution No. 21-Page 7. All easements and/or rights-of-way to be dedicated on behalf of the public and/or to the City of Poway, unless otherwise indicated, shall be made through the Final Map. 8. A note shall be added to the Final Map stating that each lot is responsible to meet storm water treatment and hydromodification management requirements for improvements on the lot. Also, note on the Final Map that any excess capacity provided in the treatment/hydromodification management facilities built to serve the overall subdivision will be shared equally among all parcels within the subdivision. 9. Should there be a need to extend public water and sewer lines for the use of any parcel in the subdivision through offsite properties, appropriate easements shall be dedicated to the City prior to Final Map approval. 10. Recordation of a Private Road Construction and Maintenance Agreement shall be required for all the private roads. Additionally, Lots 27, 28, 29, and 32 are required to join any existing Private Road Maintenance Agreement for existing Las Luces Del Cielo or not oppose the inclusion of those lots in any future Private Road Maintenance Agreement for this road, by covenant to be reviewed and approved by the City Attorney before the recordation of the Final Map. Any future Private Road Maintenance Agreement shall be reviewed and approved as to form and content by the City Attorney prior to recordation. 11. Covenants, Conditions, and Restrictions (CC&Rs), or an alternative instrument approved by the City, shall be established to address construction and maintenance of the private roads, slopes, drainage, accesses in the subdivision, and landscaping improvements in the public rights-of-way within the project site. Said CC&Rs or other instrument shall be reviewed and approved by the City prior to Final Map recordation. However, it shall be permissible to exclude Lots 27, 28, 29, 32, and 41 from any proposed Homeowners Association and/or CC&Rs at the applicant's discretion provided that maintenance responsibilities specified above are ensured by some other mechanism that is proposed by the applicant, and approved by the City. 12. Cause the dedication of a general utility easement to the City for public water and sewer lines outside the limits of the subdivision, if needed, to serve the southerly parcels with offsite access to and from Old Coach Road. The width of the easement shall be a minimum of 20.00 feet for each utility line. If water and sewer lines are installed parallel to each other, the combined easement width may be reduced to 30.00 feet. 13. A mylar copy of the Final Tract map shall be provided to the City within 3 months of its recordation or prior to building permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted. (See PMC 16.12.060 B for subdivider's responsibility to provide a reproducible mylar copy to the City.) 14. If the project is developed in phases, the public improvements associated with the second and subsequent phases may be secured with a lien and agreement not to
July 20, 2021, Item #1512 of 21 Resolution No. 21-Page convey recorded on the lots within the corresponding phase, in form and content approved by the City Attorney. The foregoing notwithstanding, the applicant shall be entitled to convey lots to a "related party" for estate planning purposes provided, however, that the applicant shall at all times maintain a controlling interest in any such related party. For the purposes of this agreement, "related party" shall be defined as a corporation, limited liability company, partnership, limited partnership, living trust, or other similar organization. The term "controlling interest" means that the applicant owns at least fifty-one percent (51 %) of the stock (if a corporation); is the sole managing member (if a limited liability company); owns at least fifty-one percent (51 %) of any partnership; is the general partner (if a limited partnership); is the settler, sole trustee, and at least one beneficiary (if a living trust); in any event, where the applicant controls the management of any such vehicle for ownership of the lot or lots being conveyed. The lien created by this agreement, and the covenants and agreements set forth herein, shall be null and void, and of no further effect, if the applicant replaces this agreement with such form of security that meets the requirements of the Poway Municipal Code and is in a form satisfactory to the City, in its sole discretion. 15. Public Improvement plans for all project phases shall be submitted per PMC requirements to the Department of Development Services, Engineering Division. Improvement design should be 100% complete at time of submittal and should include the following Public Improvements: a. Private streets constructed to local non-dedicated rural street standards. b. Private street lights placed to the satisfaction of the City Engineer. c. A public sanitary sewer system that provides adequate capacity for all proposed lots. d. A looped public water system and related appurtenances (including fire hydrants, service laterals, air releases, etc.) necessary for connecting Lots 1-40 to the public water main located in Old Coach Road and Las Luces Del Cielo. e. A recreation trail traversing the property from west to east near the southern boundary of the subdivision. f. The improvement plans shall include all necessary construction needed to install the improvements, including earthwork, drainage and water quality facilities. If the public improvements are installed in phases, each phase of public improvements shall not be reliant on completion of subsequent phases for proper function. The looped water system shall be installed with the first phase of public improvements. 16. The Public Improvement plan shall be approved. The applicant shall enter into a Standard Agreement for the construction of public improvements and monumentation for the work to be done as part of the Public Improvement plan. The applicant shall post securities for monumentation and public improvements. 17. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.
July 20, 2021, Item #15Resolution No. 21-Page 18. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance. G. Prior to issuance of a Grading Permit, unless other timing is specified: 13 of 21 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading and improvement plans and be appropriately sized for the proposed level of development. 2. Submit a precise grading plan for the development prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Title 16, Division Ill of the PMC shall be submitted. 3. Grading of the project shall be in substantial conformance with the approved Tentative Tract Map and in accordance with the California Building Code, City Grading Ordinance, City Stormwater Management and Discharge Control Ordinance, SUSMP and the EIR. 4. All permits from applicable resource agencies (RWQCB, FEMA, DFW, etc.) shall be obtained for proposed work in the existing natural channel. 5. Water Quality Control -Drainage and Flood Damage Prevention A drainage study addressing the impacts of the 100-year storm event, prepared by a registered Civil Engineer, is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 6. Water Quality Control -Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a) Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b) Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the Poway Municipal Code. c) Upon approval of the SWQMP, provide a PDF version.
July 20, 2021, Item #15Resolution No. 21-Page 7. Water Quality Control -Construction Storm Water Management Compliance "Proof of Coverage" under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009-0009-DWQ, as amended by order 2010-0014) shall be provided to the City, along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 8. Grading securities shall be posted with the City prior to grading plan approval per PMC 16.46.080. A minimum cash security of $2,000 is required in all instances. 9. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 10. Following approval of the grading plans, posting of securities and fees, and submittal of three copies of the approved plans to the City, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 11. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division. All appropriate fees shall be paid prior to permit issuance. Any offsite easements required to serve the subdivision, including, but not limited to, utility services and access shall be recorded. 12. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer authorized to practice surveying and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 13. Public Improvement plans shall be submitted to the Engineering Division. Improvement design should be 100% complete at time of submittal and should include the Public Improvements previously described in this report. H. Prior to Building Permit issuance, unless other timing is indicated, the following conditions shall be satisfied. These conditions may be modified or added onto conditions that may be imposed for the approval of DR or MORA. 1. Recordation of the final map for Tentative Tract Map No. 17-005. If filed in multiple units, the portion of the final map of the unit in which the property seeking a building permit is located, shall be recorded. 2. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the California Building Code, the City 14 of 21
July 20, 2021, Item #15Resolution No. 21-Page Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 3. Erosion control shall be installed and maintained by the developer annually, from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a) Three copies of certification of line and grade for the lot, prepared by the engineer of work. b) Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 5. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 6. Water Quality Control -Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a) Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b) Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the Poway Municipal Code. c) Upon approval of the SWQMP, provide a PDF version. 7. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. 8. If the project is developed in phases with the public improvements associated with the second and subsequent phases secured with a lien and agreement not to convey recorded on the lots within each phase, for the second and subsequent phases a written request to release the lien and agreement not to convey must be submitted and the release granted by the City for each lot prior to issuance of a building permit. The release of the lien and agreement will be granted after the public improvements for the prior phase are completed and accepted by the City Council. The foregoing notwithstanding, the applicant shall be entitled to convey 15 of 21
July 20, 2021, Item #15Resolution No. 21-Page lots to a "related party" for estate planning purposes provided, however, that the applicant shall at all times maintain a controlling interest in any such related party. For the purposes of this agreement, "related party," shall be defined as a corporation, limited liability company, partnership, limited partnership, living trust, or other similar organization. The term, "controlling interest," means that the applicant owns at least fifty-one percent (51%) of the stock (if a corporation); is the sole managing member (if a limited liability company); owns at least fifty-one percent (51 %) of any partnership; is the general partner (if a limited partnership); is the settlor, sole trustee, and at least one beneficiary (if a living trust); in any event, where the applicant controls the management of any such vehicle for ownership of the lot or lots being conveyed. The lien created by this agreement, and the covenants and agreements set forth herein, shall be null and void, and of no further effect, if the applicant replaces this agreement with such form of security that meets the requirements of the Poway Municipal Code and is in a form satisfactory to the City, in its sole discretion. I. Prior to issuance of a Certificate of Occupancy: 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 3. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets and improvements caused by construction activity from this project. 5. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. At least three weeks prior to a request for occupancy is recommended. 16 of 21
July 20, 2021, Item #15Resolution No. 21-Page PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, CMC, Interim City Clerk 17 of 21
July 20, 2021, Item #150 375 750 --- -18 of 21 1,500 Feet Hidden Valley Ranch OS-RM CITY OF POWAY Zoning/Location Map Item: TTM17-005NAR21-003 ATTACHMENT B
July 20, 2021, Item #1519 of 21 Hidden Valley Ranch Specific Plan (on file in the Office of the City Clerk) https://docs.poway.org/Weblink/Browse.aspx?id=151672&dbid=0&repo=CityofPoway ATTACHMENT C
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July 20, 2021, Item #15I , I 21 of 21 ATTACHMENT E