Res 21-099RESOLUTION NO. 21-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
21-004 FOR A SIX -LOT SUBDIVISION, RESCINDING TTM06-02
ALLOWING FOR ONE SINGLE-FAMILY RESIDENTIAL LOT TO
REMAIN AND TRANSFERRING A FOUR -LOT DENSITY FROM
TTM06-02 TO TTM21-004 WITH APPROXIMATELY 120 ACRES
OF OPEN SPACE TO REMAIN; ASSESSOR'S PARCEL
NUMBERS 277-171-22, 277-071-05, 277-071-14, 277-071-16,
277-071-19, AND 277-080-04
WHEREAS, the City Council considered Tentative Tract Map (TTM) 21-004; a request to
subdivide one parcel totaling 15.65 acres into six single-family residential lots located north of
Espola Road, east of Westling Court, south of Butterfield Trail and bisected by Old Coach Road,
in the Old Coach Golf Estates Specific Plan (OCGESP) area (Remainder Parcel), rescind TTM06-
02 and allow for the development of one single-family residential lot at the former TTM06-02 site
east of Old Coach Road approximately one mile north of Espola Road (Sunroad property), and
preservation of approximately 120 acres of open space. Four of the five single-family residential
lots within TTM06-02 would be transferred to the proposed subdivision TTM21-004. This matter
does not include the residential housing design or development review, which would be subject
to a subsequent minor development review or development review. Preservation of
approximately 120 acres of open space is included;
WHEREAS, on December 7, 2021, the City Council held a duly advertised public hearing
to receive testimony from the public, both for and against, relative to this matter; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project, including the attachments, and has considered all other evidence presented at the public
hearing.
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: A Final Environmental Impact Report (FEIR) was prepared pursuant to the
California Environmental Quality Act (CEQA) in conjunction with the OCGESP and was certified
on May 15, 1990. A Mitigated Negative Declaration (MND) was approved on January 16, 2007
for the Specific Plan Amendment to amend the OCGESP to add the Sunroad Property into the
specific plan's boundary and TTM06-02 was approved that created five residential lots and one
open space lot on the Sunroad property. The MND evaluated the environmental effects of
adding the 122.5-acre Sunroad Property into the OCGESP and TTM06-02.
Based upon review of the current project, none of the situations described in Sections 15162 and
15164 of the California Environmental Quality Act (CEQA) Guidelines apply. No changes in
circumstances have occurred, and no new information of substantial importance has manifested,
which would result in new significant or substantially increased adverse impacts as a result of the
proposed project. Specifically, the City has determined the following:
• There are no substantial changes to the project that would require major revisions to the
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Page 2
1990 FEIR due to new significant environmental impacts or a substantial increase in the
severity of impacts identified in the 1990 FEIR.
• Substantial changes have not occurred in the circumstances under which the project is
being undertaken that would require major revisions of the 1990 FEIR to disclose new,
significant environmental effects or a substantial increase in the severity of the impacts
identified in the FEIR.
• There is no new information of substantial importance not known at the time the 1990
FEIR was certified that shows any of the following:
1. The project would have any new significant effects not discussed in the 1990 FEIR.
2. There are impacts that were determined to be significant in the 1990 FEIR that would
be substantially increased.
3. There are additional mitigation measures or alternatives to the project that would
substantially reduce one or more of the significant effects identified in the 1990 FEIR.
4. There are additional mitigation measures or alternatives that were rejected by the
project proponent that are considerably different from those analyzed in the 1990 FEIR
that would substantially reduce any significant impact identified in the 1990 FEIR.
An Addendum has been prepared in accordance with Section 15164 of the CEQA Guidelines.
The Addendum includes analyses to demonstrate that environmental impacts associated with the
project are consistent with the 1990 FEIR. In accordance with the Addendum to the FEIR
prepared by RECON dated August 25, 2021, the provisions in the Specific Plan along with
adherence to the City's Grading Ordinance, General Plan policies, and the mitigation measures
in the Community Design Element of the Specific Plan were determined to reduce the impacts
related to land use and planning considerations to below a level of significance.
SECTION 3: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for TTM21-004, are made as follows:
A. That the proposed subdivision map is consistent with the objectives, policies, general land
uses and programs of the General Plan in that it proposes to create six residential Tots at
a density that is consistent with the General Plan designations and Poway Municipal Code
(PMC) standards.
B. That the design of the proposed subdivision is consistent with the General Plan in that the
approved lot sizes and configurations adhere to the development standards of the General
Plan and PMC.
C. That the site is physically suitable for the type of development in that the site is large
enough to provide six lots meeting size standards.
D. That the site is physically suitable for the proposed density of development in that the site
is large enough to provide six residential lots meeting size standards.
E. That the design of the subdivision is not contrary to the policy of the State legislature as
stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code,
and will not likely cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat in that the project site has been previously graded and
developed with a sales office and does not contain any native habitat. No development is
proposed as a part of this project, except the demolition of one existing sales office,
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grading for future building pads, and installation of retaining and noise walls.
F That the design of the subdivision is not likely to cause serious public health problems in
that City water and sewer services are available to the site.
G. That the design of the lot division will not conflict with easements, acquired by the public
at large, for access through or use of, property within the proposed subdivision in that the
subdivision can occur without obstructing or otherwise impacting existing or new
easements.
SECTION 4: The findings, in accordance with Government Code Section 66020 for the
public improvements needed as a result of the proposed development to protect the public health,
safety and welfare, are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all necessary
facilities will be available to serve this project.
B. 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:
• Sewer line
• Street improvements
• Storm drain improvements
• Block wall
• Trail improvements
• Landscaping
C. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro-rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for the
residents of the City.
SECTION 5: The City Council hereby rescinds TTM06-02 and allows for the
development of one single-family residential lot on the Sunroad Property within a maximum
developable area of two acres and within a single lot of approximately six (6) acres in area. Four
of the five single-family residential lots within TTM06-02 are hereby transferred to the proposed
subdivision TTM21-004. Preservation of approximately 120 acres for open space on the Sunroad
Property is required. The preserved approximate 120 acres of open space may be used for the
purpose of future mitigation land for the sale of mitigation easements and/or the sale of mitigation
credits as a designated mitigation bank (collectively "Mitigation Bank) for coastal sage scrub
habitat, as permitted by the Habitat Conservation Plan.
SECTION 6: The City Council hereby approves TTM21-004, as shown on the approved
plans incorporated herein by reference and stamped as "Exhibit A" dated December 7, 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,
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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
TTM06-02 and TTM21-004) and any environmental document or decision made pursuant
to CEQA. The 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. This matter does not include the residential housing design
or development review of any of the residential lots, which would be subject to a
subsequent minor development review or development review permit approval.
C. 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.
D. 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.
E. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC)
requirements that govern construction activity and noise levels. A Construction Noise
Management Plan (CNMP) shall be prepared and submitted to the City of Poway Planning
Division for its review and approval. Prior to the issuance of a Building Permit, construction
plans shall also include a note indicating compliance with the CNMP is required. The
CNMP shall be prepared or reviewed by a qualified acoustician (retained at the project
applicant/owner or construction contractor's expense).
F. Future development of the Sunroad Property will allow for one single-family residential lot
with a maximum developable area of two (2) acres within approximately six (6) acres and
approximately 120 acres to be reserved for open space, which may be used for the
purpose of future mitigation land for the sale of mitigation easements and/or the sale of
mitigation credits as a designated Mitigation Bank for coastal sage scrub habitat.
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G. Prior to Final Map approval, unless other timing is indicated, the following conditions shall
be complied with:
(Engineering)
1. 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.
2. 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.
3. 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.
4. 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,
and all other applicable laws, regulations and ordinances.
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. A mylar copy of the Final Tract map shall be provided to the City within three 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.
7. Within 30 days after City Council approval of the Final Tract Map, the subdivider shall
pay the City the sewer connection fee.
8. The applicant shall pay the drainage impact development fee in effect at the time of
subdivision.
9. The project requirements for fire protection specify the installation of fire hydrants and
expansion of the public water system necessary to support the installation of the
hydrants. A Water System Analysis is required for final design of the proposed public
water system expansion. Applicant has paid for the cost of preparing the analysis.
The water system analysis shall be completed prior to submittal of improvement plans.
The improvement plans shall be revised, if needed, based on the results of the water
system analysis.
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10. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20',
unless otherwise approved by the City project engineer, in accordance with the
submittal and content requirements listed in the PMC shall be approved. Submittal
shall be made to the Department of Development Services Engineering Division for
review and approval. The improvement design shall be 100 percent complete at the
time of submittal and ready for approval. The applicant shall pay the improvement
plan check fees according to the latest adopted master fee schedule. The plan shall
include, at a minimum, the following features:
a. The extension of the public sewer main so that sewer fronts all six proposed lots
in the subdivision;
b. Public water improvements including a fire hydrant and related appurtenances
connecting all six lots to the public water main in a looped system in Old Coach
Road.
11. The applicant shall coordinate a joint use agreement for the proposed public sewer
main over the San Diego County Water Authority transmission line.
12. The abandoned water main must be removed where any structure is proposed on top
of the main.
13. The public improvement plan shall be approved. The applicant shall enter into a
Standard Agreement for public improvements for the work to be done as part of the
Public Improvement plan. The applicant will be responsible for posting securities for
monumentation and public improvements.
(Planning)
14. The public improvement plan shall include improvements shown on "Exhibit A" fronting
Espola Road and Old Coach Road and shall include the following:
a. The bus stop along the Espola Road frontage of the property shall be improved.
An accessible slated bench with non -sleep bars, a bus shelter per City standards,
and a trash receptible per EDCO standards shall be required. A turn -out is not
required; however, this requires a concrete sidewalk pad adjacent to the curb (no
landscaping between) that measures a minimum eight to ten feet deep and 25 feet
long, with a maximum two percent slope from curb to back of sidewalk. Ensure
that the path of travel between the bus stop and the intersection (and crossing) is
accessible (ADA compliant). Submit civil drawings to MTS for review and approval
of proposed bus stop improvements.
b. Street trees shall be provided per the Landscape and Irrigation Design Manual. A
minimum of one fifteen -gallon tree shall be provided per every 30 lineal feet of
street frontage. Existing trees shall be considered and included to meet this
requirement.
c. ADA compliant ramps and an enhanced, high visibility, ADA compliant crosswalk
shall be required across the new private street along Old Coach Road.
d. The General Plan designates Espola Road as a scenic roadway and as a result,
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an open space easement is required and proposed along the Espola Road
frontage of the property which expands the scenic landscape and building setback.
A five-foot wide landscaped parkway strip, a five-foot wide concrete sidewalk and
an eight -foot -wide meandering trail with landscape throughout the easement area
is required on the north side of the Espola Road right-of-way along the project's
frontage and within the easement area and shall be shown on the improvement
plans where appropriate. Lodge pole fencing shall be provided along the south
side of the trail.
15. If the project will be phased, the applicant shall be responsible for presenting a phasing
plan to the satisfaction of the Development Services Director prior to sale, lease, or
financing.
16. Covenants, Conditions and Restrictions (CC&Rs) or other agreement approved by the
City shall be submitted to the City for review and approved to the satisfaction of the
Director of Development Services and shall be written to the satisfaction of the Director
of Development Services and the City Engineer. The CC&Rs shall include the
conditions herein to the satisfaction of the Director of Development Services and shall
be recorded prior to or concurrent with the final map and shall include, but not be
limited to, the following:
a. The formation of a homeowner's association (HOA) with maintenance
responsibilities is required, unless project site is under single ownership (Single -
Owner herein).
b. A Best Management Practices (BMP's) and a Private Driveway and Drainage
Maintenance Agreement to the satisfaction of the City Engineer. The maintenance
and the preservation of drainage and BMP facilities shall be included.
c. The CC&Rs shall identify and implement the BMP's identified in the SWQMP
prepared for this project and state that the Developer, Current and Future Property
Owners shall comply with the recommendations of the SWQMP prepared for this
project to the satisfaction of the Water Quality Program Coordinator and the City
Engineer. Funding of the long-term maintenance of all facilities required by the
SWQMP shall be included in the annual HOA or Single -Owner budget.
d. Notarize and record a maintenance agreement for the on -going maintenance of
the private street and access improvements and other proposed paved areas,
fencing, landscape and irrigation (private and within the public right-of-way along
the property's frontage), and other facilities as specified to be reviewed and
approved to the satisfaction of the City Engineer and Director of Development
Services. This maintenance agreement shall be adhered to by the Single -Owner
or HOA and incorporated into the CC&Rs, if applicable to the satisfaction of the
Director of Development Services and City Engineer.
e. The CC&Rs shall include on -going maintenance of landscaping and irrigation
along the Espola Road, Westling Court, and Old Coach Road frontages. All
landscaping shall be well maintained in a healthy growing condition at all times in
substantially the same condition as approved in accordance with the approved
landscape and irrigation plans.
All landscaping, including areas within the adjacent public right-of-way, shall be
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adequately irrigated, and permanently and fully maintained by the owner at all
times in accordance with the requirements of the City of Poway Landscape and
Irrigation Design Manual. Trees shall be encouraged and allowed to retain a
natural form. Pruning should be restricted to maintain the health of the trees and
to protect the public safety. Trees should be trimmed or pruned as needed to
develop strong and healthy trunk and branch systems. Tree maintenance and
pruning shall be in accordance with "American National Standard for Tree Care
Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning
shall not remove more than 25 percent of the trees' leaf surface.
f. Within a year of new single-family residential property transfers, landscaping
and/or appropriate ground cover shall be installed in compliance with PMC
regulations.
g.
Immediate removal of graffiti and any other type of offensive debris is required.
h. Maintain the drainage facilities and any access easements (where they occur) on
the property.
i. The CC&Rs shall clearly establish the responsibilities of the individual
homeowners and the HOA or Single -Owner with regard to the continuing
maintenance and preservation of the project.
j.
Amendments to the CC&Rs that affect any requirement of this resolution shall
require express written consent of the City.
k. RV and trailer parking is prohibited except when within a fenced rear or side privacy
yard.
H. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. Submit precise grading plans for the development of the lot 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 percent
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
Chapter 16 of the PMC shall be submitted. The applicant shall pay the grading permit
and plan check fee according to the latest adopted master fee schedule.
2. Applicant shall incorporate Low Impact Development (LID) design features into the
site development. These shall be clearly shown and identified on the precise grading
plans and be appropriately sized for the proposed level of development.
3. A drainage study addressing the impacts of the 100-year storm event prepared by a
licensed 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.
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4. 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. Two copies of a final Storm
Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is
to be submitted and approved.
Once the final SWQMP is approved;
a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with
Chapter 16.104 of the PMC, 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 section 16.104 of the
PMC.
5. 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 Standard Development Project
and will be subject to all City and State requirements. A Standard Project SWQMP is
to be submitted, consisting of the forms listed in the Poway BMP Design Manual,
Section 8.1.1.
6. Water Quality Control — Construction Storm Water Management Compliance
The project proposes to disturb an area greater than one acre, therefore, proof of
coverage under the General Permit for Discharges of Storm Water Associated with
Construction Activity shall be provided to the City along with a copy of the Storm Water
Pollution Prevention Plan (SWPPP).
7. Grading securities shall be posted with the City prior to precise grading plan approval
per section 16.46.080 of the PMC. A minimum cash security of $2,000 is required in
all instances.
8. The applicant shall pay the storm water pollution inspection fee according to the latest
adopted master fee schedule.
9. Following approval of the precise grading plans, posting of securities and fees, and
receipt of four copies of the approved plans, 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 along with four copies of the approved grading plans. 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.
10. 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
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Department. All appropriate fees shall be paid prior to permit issuance.
11. Construction staking is to be inspected by the Engineering Inspector prior to any
clearing, grubbing or grading. At 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 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.
(Planning)
12. The proposed Project shall comply with all mitigation measures established under the
certified FEIR as specified in the MMRP for the OCGESP and associated permits and
the MND as specified in the MMRP for Zone Change ZC06-01 and General Plan
Amendment GPA06-01, except that the development of the Sunroad Property shall be
limited to approximately 2.5 acres of the 122.5 acres. On -site mitigation of the
Sunroad Property shall include mitigation for the permanent removal of Coastal Sage
Scrub (CSS) at a rate of 2:1 and Non-native Grasslands at a rate of 1:1.
13. The impact of 0.35 acres of coastal sage scrub shall be mitigated accordingly:
A BCE over 0.68 acres shall be recorded over coastal sage scrub habitat within the
TTM area east of Old Coach Road and outside of the boundaries of Lot 6.
The BCE shall be approved by the City Attorney and shall be notarized and recorded
with the County of San Diego. The applicant shall be responsible for preparing a BCE
legal plat map and description, submittal of this information to the City, and City
easement plan check fees.
Advisory Note: In compliance with the PSHCP, the City, independent of TTM21-004,
shall process a General Plan Amendment and Zone Change to change the land use
and zoning designation of the area of the BCE to Open Space -Resource Management
(OS-RM) to ensure its permanent preservation.
14. To avoid any significant direct impacts to any nesting birds or their eggs, chicks, or
nests during the breeding season, the following measures shall be implemented:
a. Removal of habitat that supports active nests in the proposed area of disturbance
should occur outside the breeding season for these species (February 1 to
September 15). If removal of habitat in the proposed area of disturbance must
occur during the breeding season, a (Addendum to an Environmental Impact
Report Old Coach Golf Estates Planned Community Specific Plan Amendment
Page 27) Qualified Biologist shall conduct a pre -construction survey to determine
the presence or absence of nesting birds on the proposed area of disturbance.
The pre -construction survey shall be conducted within three calendar days prior to
the start of construction activities (including removal of vegetation) and shall
include the limits of disturbance as well as 300 feet (500 feet for raptors) from the
area of disturbance. The applicant shall submit the results of the pre -construction
survey to the City of Poway for review and approval prior to initiating any
construction activities.
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b. If nesting birds are not detected during the pre -construction survey, no further
mitigation is required.
c. If nesting birds are detected and construction activities are to occur during the
breeding season the following mitigation measures shall be implemented.
d. No vegetation clearing shall occur within 300 feet of an active raptor nest and 100
feet of an active nest of a non -listed bird species until a biologist has determined
that the young have fledged from the nest or that the nest is inactive (i.e.,
abandoned).
e. A mitigation plan outlining active nest avoidance measures in conformance with
applicable state and federal law shall be prepared and submitted to the City of
Poway for review and approval.
f. During construction, active nests shall be monitored on a daily basis to determine
the effectiveness of the avoidance measures being implemented. The biologist
shall monitor all active nests until all young have fledged or until the nest is
determined inactive.
g. A minimum 300-foot buffer between the location of an active raptor nest and the
nearest construction activity shall be maintained until the young have fledged from
the nest or until the nest is determined inactive. For nests of non -raptor birds, a
buffer of 100 feet shall be maintained.
h. While no specific noise level thresholds have been established for raptors or other
non -listed bird species, construction activities that are expected to generate noise
levels above the ambient noise level shall be measured by an acoustician
technician. The active nest shall also be monitored by a biologist to determine if
there is any effect on the breeding behavior of the particular species from the
elevated noise levels. If it is determined that the elevated noise level is having an
effect on the breeding behavior of the nesting bird species, then the noise
generating construction activity shall be suspended in the vicinity of the active nest
until such time as all of the young birds have fledged or until the nest is determined
inactive.
15. Indirect impacts to nesting coastal California gnatcatcher, southern rufous -
crowned sparrow, and/or Bell's sage sparrow can be avoided by restricting
construction activities to outside the breeding season or by determining that these
species are not present by conducting pre -construction protocol surveys. If any of
these species are found to be nesting in the coastal sage scrub in the northeastern
portion of the site adjacent to Lot 6 during the pre -construction surveys and
construction activities are to occur during the breeding season (February 15 to
August 31), then a noise study that identifies noise attenuation measures shall be
prepared and implemented to the satisfaction of the City of Poway, California
Department of Fish and Wildlife, and United States Department of Fish and
Wildlife.
16. A cultural monitor from the San Pasqual Band of Mission Indians shall be onsite
during the initial brushing and the first grading of the site (not necessarily the entire
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period of grading and recompaction). The cultural monitor must meet with the
grading contractors and field supervisors prior to any site activities involving
machinery. The cultural monitor will monitor the grading of the project and will
have the authority to stop or redirect grading should any cultural resources be
discovered. If measures are needed to mitigate impacts from the continuations of
grading, these must be completed prior to the grading of the area of the site.
17. The materials and height of the slump block wall shall be indicated on the grading
plans.
18. A Tree Removal Permit shall be obtained prior to the removal of all existing trees.
If the trees are proposed to be removed during the recognized nesting season for
birds (February 15 and August 15), a nesting bird survey shall be conducted by a
qualified biologist and report the findings in writing to the City. Between February
15 and August 15, removal of trees containing nests shall be delayed until such
time as the nest(s) have been abandoned unless the removal can be completed
in accordance with California State codes and the Federal Migratory Bird Treaty
Act of 1918.
19. Landscape and irrigation plans shall be submitted for review. The landscape and
irrigation plans shall demonstrate compliance with the City of Poway Landscape
and Irrigation Design Manual, PMC Chapter 17.41, PMC Chapter 15.24 as it
relates to fuel management and defensible space, and all other applicable
standards and ordinances in effect at the time of landscape and irrigation plan
check submittal.
The landscape and irrigation plan submittal are a separate submittal from other
project plan check submittals and is made directly to the Planning Division.
Contact the Planning Division for copies of applicable City standards, the
landscape and irrigation plan submittal checklist and the plan review fee
worksheet. Landscape and irrigation plan review fees are required and are the
responsibility of the applicant.
To the satisfaction of the Director of Development Services, the landscape plans
shall also provide the following:
a. The widening of the DG trail to eight feet on the north side of Espola road west
of Old Coach Road and east of Westling Court.
b. Lodge pole fencing adjacent to the south side of the DG trail on the north side
of Espola Road with a detail of the fencing.
c. A maintenance exhibit showing locations of maintenance responsibility.
d. Add a note that no landscape materials over 30 inches in height shall be placed
in sight distance restricted areas.
e. Landscaping shall be provided to soften the appearance of and/or screen solid
walls along Espola Road and Old Coach Road.
Resolution No. 21-099
Page 13
f. Landscaping shall be provided to screen proposed walls and structures on Lot
6.
g. Appropriate screening shall be provided to adequately screen residential
development on Lot 6 from vantage points along Espola Road.
h. Street trees along the roadway shall not obstruct the ability of fire apparatus
access and fire department aerial operations. Tree height and type should be
considered in the ultimate landscape design.
20. Irrigation located in the public right-of-way area along Espola Road provides water
to landscape planters west of Westling Court. Any irrigation changes must not
affect the planters west of Westling Court and must not disrupt the watering of
these planters during construction.
21. The landscape improvements within the Espola Road right-of-way fronting the
project site shall be maintained by the Homeowner's Association (HOA) at a level
of service "A" which is weekly service done to the satisfaction of the Director of
Public Works (e.g., trim plants, weed, check irrigation, pick up trash, trim trees as
needed). A maintenance agreement shall be required.
Prior to building permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. 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
shall be in accordance with the Uniform Building Code, the City Grading Ordinance,
the approved grading plan, the approved soils report, and grading practices
acceptable to the City.
2. Erosion control shall be installed and maintained by the developer from October 1 to
April 30. The developer shall maintain all erosion control devices throughout their
intended life.
3. Applicant shall obtain a precise 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:
b. Two copies of certification of line and grade for the lot, prepared by the civil
engineer of work.
c. Two 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.
4. The applicant shall pay all applicable development impact fees according to the latest
adopted master fee schedule at time of permit issuance.
Resolution No. 21-099
Page 14
(Planning)
5. This approval is not inclusive of the design of single-family homes within the project.
Separate approval of the home design and footprints shall be applied for through the
Development Review/ Minor Development Review Application process prior to
issuance of Building Permits. Pursuant to the PMC, a Minor Development Review
Application shall be submitted and approved for each of the new residence, or a
Development Review application shall be submitted and approved for tract home
development of the lots.
6. Development of future single-family homes within the the Remainder Parcel shall be
subject to the design guidelines in the OCGESP and the development standards of
the Residential Single Family 2 zone as modified by the OCGESP.
7. Applicable school fees in effect at the time of Building Permit issuance shall be paid to
the Poway Unified School District (PUSD).
8. The developer is advised that, pursuant to PMC 17.26.100 through 17.26.300, single-
family residential development shall provide that 15 percent of the units created shall
be affordable to low-income households. The developer may, in lieu of providing
required inclusionary housing onsite or offsite, pay an Affordable Housing In -Lieu Fee
to the City in accordance with the provisions of the referenced Section prior to issuance
of a Building Permit.
9. The landscape plans shall be approved.
10. Interior noise levels shall be reduced in a closed door and window condition by 20 dB
in accordance with the Noise Analysis prepared by RECON dated May 27, 2021.
11. Development shall be consistent with the approved Fire Management Plan.
(Building)
12. The development shall comply with the current addition of the California Building Code,
California Plumbing Code, California Mechanical Code, California Electrical Code,
California Residential Code, California Fire Code, California Energy Code and
California Green Code at time of submittal to the Building Division. All development
shall comply with state structural calculations and seismic safety requirements.
J. Prior to occupancy, unless other timing is indicated, the following conditions shall be
complied with:
(Engineering)
1. The applicant shall execute an approved Private Sewer Lift Station and Sewer Line
Construction, Maintenance and Liability Agreement accepting responsibility for
maintenance of, and emergency spill response for, the private sewer facilities.
2. An Encroachment Removal Agreement will be required for any private improvements
within the public right of way or easement. This includes, but is not limited to, the
proposed pervious pavers and private force main along Old Coach Road.
Resolution No. 21-099
Page 15
3. The stormwater facilities shall be complete and operational prior to occupancy.
4. All applicable easement dedications and maintenance agreements are to be recorded
prior to occupancy.
5. All proposed utilities or extension of utilities required to serve the project shall be
installed underground. No extension of overhead utilities shall be permitted.
6. All utility services shall be installed and completed by the property owner, and
inspected and approved by the Engineering Inspector. All new utility services shall be
placed underground.
7. 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.
8. 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.
9. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages
to public improvements caused by construction activity from this project.
10. After completion of all work, record drawings for both the grading and improvement
plans, signed by the engineer of work, shall be submitted to Development Services for
review prior to a request of occupancy, per Section 16.52.130B of the Grading
Ordinance. Approval of all record drawings is required prior to issuance of occupancy
and release of grading and improvement securities. Initial submittal of record drawings
at least three weeks prior to a request for occupancy is recommended.
(Planning)
1. Upon establishment of use, all physical elements of the project, excepting
improvements for buildings, including public street improvements, shown on the
approved building, landscape, grading, improvement and related plans shall. be
substantially maintained per the approved plans, except as noted herein, to the
satisfaction of the Director of Development Services.
2. Landscape, irrigation and exterior site amenities shall be installed except as otherwise
determined by the Director of Development Services. All exterior amenities shall be
reviewed and approved to the satisfaction of the Director of Development Services
and substantially similar or of better quality than conceptual images provided prior to
building permit issuance.
3. The private cul-de-sac serving Lots 1 through 5 shall be named. Road name signs
shall comply with City of Poway Supplemental Engineering Standards, Street Sign
Specifications.
K. The following requirements shall be completed to the satisfaction of the Director of Safety
Services:
Resolution No. 21-099
Page 16
1. This project is located within the very high fire hazard area of the City and is new
construction; therefore, California Building Code Chapter 7A and PMC 15.24 will
apply.
2. Roadway access, water supply system, and vegetation fuel modification of common
roadway access areas shall be completed before a building permit is issued for any
parcel within the phase.
3. An approved water supply capable of supplying the required fire flow for fire protection
shall be provided to all premises upon which facilities, buildings, or portions of
buildings will be constructed. A water analysis shall be performed to establish the
adequacy of the existing water main and all necessary system design to serve the
project. The main capacity for the project shall not be less than eight inches in
diameter and capable of supplying the required fire flow with a maximum flow velocity
of 15 feet per second. Costs of the water analysis shall be the responsibility of the
applicant.
4. Fire hydrants shall be located within 600 feet of each structure, with spacing between
hydrants not to exceed 600 feet, as measured by an approved route of travel that a
fire engine would travel. Fire hydrant flow shall exceed a minimum of 1,500 GPM with
a residual flow pressure of 20 PSI.
5. Fire apparatus access roads shall have an unobstructed, improved width of not less
than 20 feet, except single-family residential driveways serving no more than two
improved parcels containing dwelling units shall have a minimum of 16 feet of
unobstructed improved width. Access roadways shall have an all-weather driving
surface, a roadway interior turning radius of not less than 28 feet, an outside turning
radius of not Tess than 45 feet, and capable of supporting the imposed loads of fire
apparatus with a minimum of 13 feet and six (6) inches of vertical clearance. Cul-de-
sac turnarounds shall be a minimum of 76 feet in diameter. The Fire Chief, pursuant
to the PMC, shall approve the road surface type. Access road grades cannot exceed
20 percent. The angle of departure and the angle of approach of a fire access roadway
shall not exceed seven degrees (12 percent). Dead-end access roadways in excess
of 150 feet long shall be provided with approved provisions for turning around of Fire
Department apparatus.
6. All flammable vegetation within the approved fuel modification zone of a parcel site
shall be removed prior to the arrival of combustible material on the parcel site and shall
be maintained during the duration of the project until all elements of approved fuel
modification zones are installed and approved.
7. Future buildings and structures located within a wildland-urban interface fire area shall
be setback a minimum of 30 feet from property lines and biological open space
easements unless the PMC requires a greater minimum. When the property line abuts
a roadway the setback shall be measured from the farthest roadway edge.
Exception:
The less than 30 feet setback from property line between Lots 1 and 5, Lots 1 and 2,
Lots 2 and 3, and Lots 3 and 4 is mitigated by the construction of a six-foot tall non-
combustible wall.
Resolution No. 21-099
Page 17
The proposed minimum 15-foot setback of the pad of Lot 6 to the east property line is
mitigated by the construction of a six-foot tall non-combustible wall spanning the
distance of the east parcel boundary.
8. Single -story structures shall be setback a minimum 15 feet horizontally from top of
slope to the farthest projection from a roof. A single -story structure shall be less than
12 feet above grade. A two-story structure shall be setback a minimum of 30 feet
horizontally from top of slope to the farthest projection from a roof. Structures greater
than two stories may require a greater setback when the slope is greater than two to
one.
9. The project shall comply with Section Four of the City of Poway Landscape and
Irrigation Design Manual and PMC 15.24 as it relates to fuel management and
defensible space. A minimum of 10-feet of vegetation fuel modification shall be
maintained on both sides of all streets and driveways.
Exception:
The less than 100 feet of defensible space along the eastern parcel boundary of Lot 6
is mitigated by the construction of a solid six -foot -tall non-combustible wall spanning
the distance of the east parcel boundary.
The less than 100 feet of defensible space along the northern parcel boundary of Lot
6 is mitigated by the construction of a six -foot -tall non-combustible wall spanning from
the eastern parcel boundary to the western parcel boundary at Old Coach Road. This
wall may be constructed using a combination of a minimum of three feet of non-
combustible concrete block and a maximum of three feet of a non-combustible glass
barrier sealed with no openings. The non-combustible glass shall comply with
California Building Code 7A. In addition to the six -foot -tall non-combustible wall, a
minimum of 60 feet of vegetation fuel modification meeting Zone B requirements is
also required.
10. The vegetation fuel management zones for individual parcels shall be determined
during the review process for the development and/or construction of structures on
each parcel.
11. Each lot of the subdivision will be required to have a minimum one -inch service lateral
from the service main to the water meter.
12 All gates or other structures or devices that could obstruct fire access roadways or
otherwise hinder emergency operations are prohibited unless they meet the standards
approved by the Chief and receive Specific Plan approval. All automatic gates across
fire access roadways and driveways shall be equipped with approved, emergency,
key -operated switches overriding all command functions and opening the gate(s).
Gates accessing more than four residences or residential lots, or gates accessing
hazardous institutional, educational or assembly occupancy group structures shall
also be equipped with approved emergency traffic control -activating strobe light
sensor(s), or other devices approved by the Chief, which will activate the gate on the
approach of emergency apparatus with a battery backup or manual -mechanical
disconnect in case of power failure. In the event of a power failure, the gate shall be
automatically transferred to a fail-safe mode allowing the gate to be manually pushed
open without the use of special knowledge or equipment. All automatic gates must
Resolution No. 21-099
Page 18
meet fire department policies deemed necessary by the Chief for rapid, reliable
access.
SECTION 6: The approval of TTM21-004 shall be effective on the effective date of
Specific Plan Amendment SPA21-002 and will expire two years from the effective date, at 5:00
p.m. The Final Map conforming to this conditionally approved TTM shall be filed with the City so
that the City may approve the Final Map before this approval expires, unless at least 90 days prior
to the expiration of the TTM, a request for a time extension is submitted to the Development
Services Department and a time extension is subsequently granted by the City Council.
SECTION 7: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 7th day of December, 2021 by the following vote, to wit:
AYES: MULLIN, FRANK, GROSCH, LEONARD
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ABSTAINED: VAUS
ATTEST:
-MAIL
Carrie Gallagher, CMC, City Cler
Steve Vaus, Mayor