Ord. 851l
ORDINANCE NO. 851
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN
AMENDMENT 21-002 TO THE OLD COACH GOLF ESTATES
SPECIFIC PLAN TO TRANSFER DEVELOPMENT RIGHTS OF
FOUR SINGLE-FAMILY RESIDENTIAL LOTS INCLUDED IN
TENTATIVE TRACT MAP (TTM) 06-02 TO A 15.6-ACRE
REMAINDER PARCEL TO BE DEVELOPED WITH SIX SINGLE-
FAMILY RESIDENTIAL LOTS, ESTABLISH DEVELOPMENT
STANDARDS FOR A PROPOSED SUBDIVISION AND
PRESERVE OPEN SPACE
WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development
Code) of the Poway Municipal Code (PMC) provides the requirements for the initiation,
preparation, and adoption of Specific Plans in accordance with Section 65450, et seq. of the
California Government Code (Article 8, Specific Plan);
WHEREAS, Specific Plan Amendment (SPA) 21-002 is proposed to redesignate the 15.6-
acre remainder parcel in the southern area of the Old Coach Golf Estates Specific Plan
(OCGESP) area for six single-family residential units and a new remainder parcel, establishes
development standards for the new subdivision, and transfers four of the five single-family
residential lots from the former TTM06-02 (Sunroad Property) east of Old Coach Road and
approximately one mile north of Espola Road. SPA21-002 includes the preservation of
approximately 120 acres of open space, and allowances for sewer pumps;
WHEREAS, on December 7, 2021, the City Council held a duly advertised public hearing
to solicit comments from the public, both in favor and against SPA 21-002; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS :
SECTION 1: The above recitations 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 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:
Ordinance No . 851
Page 2
• There are no substantial changes to the project that would require major revisions to the
1990 FEI R 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 FEI R 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 FEI R 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 FEI R.
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 FEI R
that would substantially reduce any significant impact identified in the 1990 FEI R.
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 City Council finds that SPA 21-002 is consistent with the purpose of
Chapter 17.47 of the PMC, the General Plan, and development policies of the City .
SECTION 4: The City Council hereby approves and adopts Specific Plan Amendment
(SPA) 21-002, an amendment to the OCGESP, included as "Exhibit A" to this
Ordinance. Removals are indicated with strikethrougRS and additions are indicated with
underline.
SECTION 5: 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 attorney's fees, against the City or its agents, officers , or
employees , relating to the issuance of this permit, including, but not limited to , any action to attack,
set aside, void, challenge , or annul this development approval and any environmental document
or decision. 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 decis ions , 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.
Ordinance No . 851
Page 3
SECTION 6 : Severability . If any section , subsection, subdivision, paragraph , sentence ,
clause or phrase of this Ordinance or its application to any person or circumstance , is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its
application to any other person or circumstance . The City Council declares that it would have
adopted each section subsection , subdivision , paragraph, sentence , clause or phrase hereof,
irrespective of the fact of any one or more sections , subsections , subdivisions, paragraphs ,
sentences , clauses or phrases hereof be declared invalid or unenforceable .
SECTION 7: This Ordinance shall be codified.
SECTION 8: All references to the Government Code are inclusive of any amendments
that may occur following adoption of this Ordinance .
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption .
CERTIFICATION/PUBLICATION : The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain , a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway , Californ ia, held the 7th day of December, 2021 , and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 18th day of
January, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED :
ABSTAIN :
ATTEST:
LEONARD, FRANK, GROSCH, MULLIN
NONE
NONE
NONE
VAUS --=-=======:::;::::2-2:__:-==:-----:::::::::::--------====:::::=-= ~
St eve Vaus , Mayor