Res 21-058RESOLUTION NO. 21-058
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.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
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 EIR.
SECTION 3: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for TTM17-005, 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
Resolution No. 21-058
Page 2
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:
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.
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Page 3
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
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 6: The City Council hereby approves TTM17-005, 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
TTM17-005) and any environmental document or decision made pursuant to CEQA. The
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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.
B. 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:
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 BLM 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 BLM 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
Resolution No. 21-058
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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:
Resolution No. 21-058
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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. If there 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.
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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
Resolution No. 21-058
Page 8
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 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.
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.
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Page 9
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:
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 III 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.
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Page 10
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 MDRA.
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
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Page 11
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
Resolution No. 21-058
Page 12
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.
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 16.52.130B 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.
Resolution No. 21-058
Page 13
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: MULLIN, FRANK, GROSCH, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ATTEST:
e orah Harrington, Interinyf�
ity Clerk
Steve Vaus, Mayor