Loading...
Res 07-020 RESOLUTION NO. 07-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING OLD COACH GOLF ESTATES SPECIFIC PLAN AMENDMENT (SPA) 89-01A, APNs: 273-182-18,19; 273-100-10,11; 277-010-02, 05, 22, 23; 217-070- 24, 27-31; 277-071-01, 02, 08, 09; 277-140-01, 06, 23, 24, 26; 277-071-05,14,15,16, and 277-080-04 WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code 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); and WHEREAS, Section 17.47.020.C (Initiation) of the Zoning Development Code provides that the City Council may initiate the preparation of, or amendment to, a Specific Plan on property by Resolution; and WHEREAS, on May 15, 1990, the City Council approved Specific Plan 89-01 pursuant to Resolution No. 90-097; and WHEREAS, the City Council initiated Specific Plan Amendment (SPA) 89-01A on May 16, 2006, to amend the Old Coach Golf Estates Specific Plan to incorporate the five-parcel, 122.5-acre Sunroad Enterprise property APN: 277-071-05, 14, 15, 16, and 277-080-04 and to correct land use changes associated with General Plan Amendment/Zone Change 06-01; and WHEREAS, on January 16, 2007, the City of poway held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to these applications. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway, as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS) and Mitigated Negative Declaration (MND), for General Plan Amendment (GPA) 06-01/Zone Change (ZC) 06-01, Tentative Tract Map (TTM) 06-02 and Specific Plan Amendment (SPA) 89-01A and public comments received on the EIS and MND. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Resolution No. 07-020 Page 2 Section 2: The City Council hereby approves Specific Plan Amendment (SPA) 89-01A, to amend the text and boundary of the Old Coach Golf Estates Specific Plan resulting from the incorporation of the five parcel, 122.5-acre Sunroad Enterprises property, 277- 071-05,14,15,16, and 277-080-04 as shown in Exhibit B and associated General Plan Amendment/Zone Change 06-01. The text and Development Plan Map of the Old Coach Golf Estates Specific Plan 89-01 is amended as follows: I. INTRODUCTION B. Location The property is located in the northern portion of the City of Poway. It includes approximately 1/2 mile of frontage along Espola Road directly east of the existing community of StoneRidge and extends northward approximately 2 miles. The property is bounded on the north by approximately 500 acres of tIfIdeveloped land, on the south by Espola Road, on the west by the development of StoneRidge Estates, and on the east by Old Coach Estates and Mr. Ed Malone's Ranch. Environmental Development, Ltd. owns and controls all of the 830.5 acres of land. The Old Coach Golf Estates Planned Community details the development plan for the 830.5 acres of land; its areas for golf use, for housing, for creek preservation, for open space preservation, and the roadway network for access to and circulation within the property. D. Legal Description The site encompasses approximately 830.5 acres of land. It is legally described as the portion of Sections 18, 19 & 30, Township 13 north, Range 1 west, San Bernardino Baseline and a portion of Sections 24 & 25, Township 13 south, Range 2 west, San Bernardino Baseline. More generally described as, San Diego County Assessor Numbers 273-182-18, 19; 273-100-10, 11; 277-010-02, 05, 22, 23; 217-070-24, 27-31; 277-071- 01,02,08,09; 277-140-01, 06, 23, 24, 26; 277-071-05,14,15, and 16 and 277-080-04. II. LAND USE ELEMENT A. Planning Objectives The basic objectives of this Plan are to enhance the "magic" of the area through careful planning and sensitive design for the location and development of an 18 hole championship golf course and clubhouse; and a community of high quality, detached, single-family homesites on large parcels of land located throughout the site. The plan will provide: Resolution No. 07-020 Page 3 . Dedication, preservation, and enhancement of the Sycamore Creek area; . Preservation and enrichment of the existing communities of StoneRidge and Old Coach; . Enhancement of the financial base of Poway through increased assessed valuation for the Redevelopment Agency; . Dedication and preservation, in perpetuity, of many of the surrounding steep hillsides; . A safe and attractive road system linking all elements of the community. C. Golf Course Envelope The golf course envelope contains approximately 200 gross acres of land and consists of one continuous lot. Within the golf course envelope, identified on the Development Concept Plan (Exhibit 2), will be developed an 18 hole championship golf course, clubhouse, and driving rang' additionally there will be two major areas of preservation, i.e., the riparian and certain hillside areas; D. Golf Course The golf course shall have 18 holes of golf and be of championship length and quality, i.e., approximately 7,000 yards for 18 holes, with approximately a par 72 for the 18 holes of golf. The landscaping of the golf course will be with salt tolerant and drought ground cover and plant material. The irrigation design for the golf course shall use the latest pr techniques for water conservation and shall be so designed as to provide for easy connection supply of reclaimed wastewater at such time as one becomes available in the future. E. Development Concept Plan (Revised) Exhibit B VII. OVERALL IMPLEMENTATION PLAN D. Conditions of Approval 10. The Old Coach Golf Estates Planned Community final map(s) shall be limited to a maximum of 161 numbered lots for single-family residential development and one numbered lot for the golf course, for a total of 162 numbered lots. All residential lot: shall be no less than 1 net acre in size. All open space areas shall be identified on the final map(s) as lettered lots separated from the numbered lots. Resolution No. 07-020 Page 4 PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a regular meeting this 13th day of March 2007. ATTEST: STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No. 07-020, was duly adopted by the City Council at a meeting of said City Council held on the 13th day of March, 2007, and that it was so adopted by the following vote: AYES: BOYACK, HIGGINSON, REXFORD, CAFAGNA NOES: EMERY ABSENT: NONE DISQUALIFIED: NONE ~~dM~ . Di ne Shea, City Clerk City of Poway EXHIBIT A Resolution No. 07-020 Page 5 MITIGATION MONITORING PROGRAM GPA 06-01; ZC 06-01; SPA 89-01A; AND TTM 06-02 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation". This Mitigation Monitoring Program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Topic Biology Mitiaation Measure Prior to the issuance of a Grading Permit or an Administrative Clearing Permit, the applicant shall submit to the City for review and approval a Habitat Restoration and Monitoring Plan, and applicable review fees. These areas shall be placed into an Open Space Easement along with other portions of the lots that are outside the project development area and outside of any Biological Conservation Easement area. The Open Space Easement shall be approved by the Director of Development Services, and shall be notarized and recorded with the County of San Diego at the cost of the applicant. Install permanent signs and fencing per TTM 06- 02 condition H 24 as deemed necessary by the Director of Development Services, to delineate the limits of the Biological Conservation Easement(s) present on the site. The limits of approved habitat removal shall be clearly shown on the grading plan and staked in the field prior to commencing grading. Timina Prior to the issuance of a Grading Permit or the approval of Final Map, whichever occurs first (for submittal of plan) Resnonsibilitv Applicant Prior to starting Applicant grading Prior to the issuance Applicant of a Grading Permit or of Final Map approval, whichever occurs first Prior to the issuance of a Grading Permit or an Administrative Clearing Permit or Final Map approval, whichever occurs first, the applicant shall mitigate the on-site, permanent removal of 8.3 acres of Coastal Sage Scrub (CSS) at the rate of 2: 1 , and 1.1 acres of Non-native Grasslands at the rate of 1: 1 for an overall requirement of 17.7 acres. A Biological Conservation Easement (BCE) will be placed over 17.7 acres of on-site CSS as required mitigation. The BCE shall be approved by the Director of Development Services, and shall be notarized and recorded with the County of San Diego at the cost of the applicant. In compliance with the HCP, the City shall re-zone the mitigation land to Open Space-Resources Management to ensure its permanent preservation. An Open Space Easement must also be recorded on the remaining undeveloped portions of the property. Prior to the removal of any tree during the recognized nesting season for raptors, a qualified professional shall evaluate the subject tree(s) for a raptor nest and report the findings in writing to the City. Should a nest or nests be located in any tree, removal shall be delayed until such time as the nest or nests have been abandoned. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, any grading or clearing during this timeframe will only be permitted subject to the following conditions having been met to the satisfaction of the Director. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS) are implemented. There is no guarantee that grading will be allowed to resume. Resolution No. 07-020 Page 6 Prior to the issuance Applicant of a Grading Permit or the approval of Final Map, whichever occurs first Prior to the removal of Applicant any tree Prior to the issuance Applicant of a Grading Permit or the approval of Final Map, whichever occurs first Before issuance of a Clearing/Grading Permit, if Prior to and during QradinQ or c1earinq is to occur between Februarv qradinq Applicant Cultural Resource 15 and July 1, the applicant shall provide to the Planning Division a letter from a qualified biologist retained by the applicant, with a scope of work for the CSS habitat and Gnatcatcher Survey and a map showing all habitat areas including all CSS habitat within 500 feet of the area to be graded. The biologist shall contact the USFWS to determine the appropriate survey methodology. The purpose of the survey is to determine if any active Gnatcatcher nests are located in the area to be cleared or graded, or if CSS habitat is within 500 feet of such area. To be considered qualified, the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the USFWS. The scope of work shall explain the survey methodology for the biological survey and the proposed Gnatcatcher nest monitoring activities during the c1earinglgrading operation. Should the survey show, to the satisfaction of the Director of Development Services, that active Gnatcatcher nests are not present within the area to be graded or cleared, or within 500 feet of said area, approval may be granted to commence gradinglclearing within the Gnatcatcher nesting season between February 15 and July 1 with appropriate monitoring during that time. If Gnatcatchers are present within the area to be gradedlcleared, or within 500 feet of that area, no grading will be allowed unless appropriate mitigation is completed. A qualified biologist is required to monitor vegetation clearing and grading when within sensitive biological resources. The biologist should also verify the location of construction staking Prior to the issuance of a Grading Permit, the project applicant shall contract with a certified archaeologist and a Tribal Indian representative to monitor trenching, excavation, and grading activities. The monitor shall have recent experience in construction monitoring, and shall be on-site full time for all initial grading activities that disturb the upper soil layer. The monitor shall have the authority to halt andlor redirect work in the case of a cultural resource discovery. If cultural Resolution No. 07-020 Page 7 Prior to and during grading Applicant Resolution No. 07-020 Page 8 resources are discovered as a result of monitoring, then testinglevaluation will be required and, if necessary, data recovery will be conducted. Any materials collected will require curation at a qualified institution. At the end of the monitoring period, the archaeological monitors shall submit a letter report to the Director of Development Services detailing the duration and results of the monitoring. Contact the Development Services Department regarding contact information for the Tribal Indian monitor. Resolution No. 07-020 Page 9 EXHIBIT B .', ~ @'-;/)' ~~if, ~ . % )~ .~~~~ '- :1l>,-RR_A . RANO<TER / ~ V/ ~v./ 7 fSORM ~ W ~~CT. :?,:;28(/~" ". ~ ~ . R.A ~ ~X:;o~% '" ~ ,..., os. ~ ,../ m Y"'.l':/ I j < z ~/~ lV v, v<<~~ ~~,w ... ~ ~~~ r'~ W ~~. ..... ~..~AY ~V --: ~~~. ?:;:Z.O$-RM RR-A ~ A ~'/ ~[f ""'" // " ) ... . Y' ,.. '.J/ ~ .III.I~/ IIJI.I~~ OS.RM Eel CITY OFPOWAY ITEM: SPA 89-01A SCALE: N.T.S. .g TITLE: NEW SPECIFIC PLAN BOUNDARY