Covenant Regarding Real Property 2004-0010244
i' 'R~CORbING REQUEST S, 41$0 DOG. 2004-(;)010244
)
) JAN 07. 2004 8:41 At-1
CITY\OF POWAY )
'~ ) OFFICIAL RECORDS
.1.
WHEN RECORDED MAIL 1'0: ) SAN DIEGO ClIl.MY RECORDER'S OFFICE
) GREOORV J. ,SMITH, COUNTY RECORDER
CITY'ClERK ) FEES: 89.00
CITY OF POWAY )
P:O BOX 789 )
f!l.. fPOWAYCA'92b74-0789 ) , I"" 'I .illi .,1., 0"
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)J2 , No Transfer Tax Due
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APN: 277'070-33 277'080-03,ano 277'080-22
COVENANT REGARDING REAL PROPERTY
Edward and Barbara Malone, PROPERTY OWNERS ("OWNER" hereinafte~),are
the owners of real property, which is'commonly known :as ASSeSsor's Parcel Number 277-
070-33, 277-080-03, and 277c080-22 ("PROPERTY" hereinafter) and moreparticutarly
described as portions of Sectiolls 19 and 20, Towllship' 13 north, Rarige 1 west, San
Bernardino Base and Meridian" in the City of Poway, County of San Diego, State of
Califomia. In consideration Qf the approval of the project commonly knowri as Hidden
Valley'.R~1I1ch, by the City of Poway. C:CiTY" hereinafter), ,OINNER hereby agrees to abide
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by conditions;of the attached Resolutioh (Exhibit A).
This Covenant shall run with the I~lnd and be binpj[1g, llPon and iriu[e, to'loe l5enefit
of the future owners, en(jui:DtJra,nt-ers, SllGces~Ofs, heirs, personal representatives;
transferee~ and assigns of the respective parties.
In the event that the project expires or is rescinded'by'G)ity Council atthe request of
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the OWNER, CITY shall expunge this Covenant from the, record title of the PROPERTY
,In the event of litigation to enforce the provii3ioiisof this Covenant, the prevailing
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party shall be entitled to, full reimbursement of all costs', iricluding reasonable attorneys'
fees, from the other party
I tZ/gk? ~'3 OWNER:"" ~
Dated: By' /t/~Ft:. ~~
I / ~alone
Qated: /~/:.st3 //~:3
,BY',,/~/, -- ~A-#J,?7~/~
;:/ Barbara Malone
Dated: /1- ''J.'i~O::J By:
Niall Fritz, Director of De pment Services
M:\plarll;ing~ason\HYR CQv.d09 6')--2/0
~p OHi)
; . 4181.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California J' }
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County of --"'7/11' Ie f;, 0
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On 1.1t-c YO, 2{)OJ beforerne,!J;YiLIJJII//1//f( /hJl)Y/;qiLfUL,
Dale ~. I _? - Nameand2lrOfOffi~(e,g,,'JilneDoe.NotaryPUbIIC.) _
personally appeared t!JvJM / AU/A:; h';tI,j /f;:r;8;?!19Cl !J1.,4LtJ/U:;
Name(s) ot Signer(s)
o personally known to rne
~roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) ,is/are
( subscribed to the within instrument and
I acknowledged to me thatj:lei:>Atl7they ex.ecuted
I the same in J>ffl(tlef/their authorized I
I, capacity(ies), and that by j;l&1>er/their
signature(s) on the, instrument the person(s), or
I the entity upon behalf of which the person(s)
~ _ _.._ _ _ _ _ _ _ _ _ _ acted, ex.ecuted the instrument.
~, PHYlLIS SHINN ~
- ~iI/' - Commission # 1450304
~ ~~;.,' . . Notary Public' CO.' lifornia ;
~ ~ -..- , Son Diego County f
_ "_ _ ~.Y:o:m:..Ex~re~N~9_2~7
I
I OPTIONAL
I ( Though the information below is not required by law, it may prove valuable to persons ielying on the document and could prevent
fraudulent removal and reattachment of this form to another document. I
Description of Attached DO~
Title or Type of Document. &11;:: I%Mty!llt; 1t7n.. ~"fJ(:::.IOt--Y
Document Date' /1-;: fLtlY Number of Pages ;! f
Signer(s) Other Than Named Above: ;fIl-ft t /~ (12---
Capacity(ies) Claimed by ~igner
Signer's Name: I
. I
I' 0 Individual Top of thumb here
U Corporate Officer - Title(s;:
o Partner - 0 Limited 0 General
I' 0 Attorney,in,Fact
o Trustee
o Guardian or Conservator
o Other: I
,I
Signe' Is. Representing:
I
<!:l1999 National Notary Assodation . 9350 De Soto Ave.. PO. Box 2402' Chalsworth, CA 91313 2402' www,mitlonalnotalV_org Prod, No. 5907 Reorder: C~II Toil-Free' .800 876 6827
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RESOLlHION NO P-03-J:5
A RESOLUTION OF THE CiriCOUNCIL OE THE0ITY'OF PQWAY, gALlFORNIA
CERTIFYINGTHE FINAL ENVIRONMENTAL iMPACT REPORT
(STA:rE CLEARINGI;lOUSE.,NO 200112100S) FORT/;!E HIDDEN VALLEY PROJECT,
~DOPTING CANDIOATE CEQA FINDINGS. AQ.oPTING A MITIGATION
MONrEORING AND REPORTING PROGMMi ANQ APPROVING GENERAL PLAN
AMENDMENt (GPA) 01-02', 'SPECIFic PLAN (sp)6A-og, TENTATivE TRACT MAP
(TIM)00c02, AND'CONDITIONAL USE...PERMIT(CUP) 01-05
ASSESSOR'S PARCEL NUMBERS;(APN): 277-0J:0~33, 277-080-03, AND 277-080c22
WHEREAS, Ed 'and Barbara Malone, Applicant" havefil.ed developmenl
applications concerning '(bEl proposed Hidden Valley R,mch Pr9ject ("Project") located
on the east side of Old Coach Road north of"'and adjacenl 10 lhe Blue Sky Ecological
Reserve, and
WHEREAS, lh.e ProjeS!cO'1lliSIS ofthe finell Enyironmental Impact Report (Final
EIR" Slate Clearinghouse No. 2'00112100S), and GPA 01-02, Zoning Ordinance
Amendmenl.(ZOA) 01'04] .SP 01~02,TTM 00-02, ,and CUP 01-05 applications affecting
Assessor's Parcel Nufnbers{ApN);277-070-33, 277cO~O-03, and 277-080-22; and
WHEREAS, the Project is' a :proposal for a 41-unit, delached,sirigle-family home
(40 new, 1 exisliog), master-planned neighborhood on approximately 420.acres localed
east of Old Coach ROCid al)cj Ilorth and adjacent to the Blue Sky. Ecological Reserve in
"lhe RLira.1 Residential A (RR-A)zor;le, The projectin",pIVi:ls thi:l following: (1) A General
Plan Ameridmenl to change lhe exisling General Plan Land Use designation of the site
from RRcA,to Planned Community (PC) 10 allow for the development of a master-
pl?nned residential nei~hbortiood with minimum lots[zes as small as 1-nel acre in a
"clustered" eonfigurati9n, whicl:1 does note)(ceed lheallowable residential density of the
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'existing RR-AGeneral PlanLand Use designatiori; .(2) aZoning Ordinance Amendment
'to change the,existing zoning designation oflhe,site.(to,be'consistent wilh the proposed
General'Plan designalion) from RRcA to PC to allow, for the development of a master-
I?lanned resi{:lel)tial ni:lignbdfhpo<j with minimurri'lot,sizes as small as 1-net ,ac(e "in a
"clustered" cbnfiguralion, wRichdoes, nol'exceed the allowable residenlial densily of the
exisling RR-A zoning designation; (3) A Specific, Plan to establish the development
plan/devel()Prn'~ot stl3ndards of themastercplanneej re~idential neighborhood; (4) a
Tentative Tract Map to subdivide'the'~lf:iPEo)(im~le420-acresite inJo 4J: ,"nu~mbered" lots,
which range in size from 1-net acre to g,8-net '.acre(wilh one lot at 257 acres) for the
purpose of c.onslruding40 homes, Clnd "3 "Iettere"d:' lots'ranging in size from 14 3 to 23 9
acres in size (y.tith a c8mqirl~d total 8reCl of 57 5 ClcrfEs)f6r lhe purpose of permanently
preserving"exisling natural open spa,geare,!s a.rldcurr~fltly disturbed open spate areas
whicbareproposed to, be restored; and (5) a COriditional Use Permit to eslClbl[sh a
private'9-hole golf course
WI-rlEREAS, on /,\pril 7,,, 2003, a Notice of Completion of lhe Draft EIR was filed
wilh the Slate Clearinghouse and dislribuled 10. lhose public agencies which have
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Resolution No, P-03-75 .
Page 2
jurisdicli9n 'by law with respecl to the Project and ,to olher inleresled persons and
agencies, arid written comments of such persons. and 'agencies on the Draft EIR were
soughl~ 'and
WHEREAS, written cQl)llJ1ents oh the Draft EIR were: received during a 45-day,
public reVi~w period 'from ,April 9, 2003, through May 27;, 2003; and the Draft EIR was ..
revised to include changes/suggested, where'appropriale, The City of Poway, acting as
lhe CEQA Lead Agency; has compleled the Final EIR (State Clearinghouse tJo.
2'oof121009), including the preparalion of response~ to public comment's receiVed on
the Draft EIR, in accorCiaric;Ei wit.b thi?Califorriia Envlronmenlal, Quality Act (CEQA)" lhe
Guidelifles for the impler}lenlationof CEQA, and local procedures to implemenl CEQA
adopted by the City of Poway; and
WHEREAS, a duly riotii:ed atld advertised pul5lic'hearing was held by. the City of
Poway City Council 08 November 1'8; 2003, tOCOrisiderihe,Fil'1al EIR and ihe'proposed
Project in accordance with the California Governme/ilt ,Code and the California
ErivironmerilalQuality Act, and all interested persons e:i<:pressing .the desire to comnlenl
,having been heard, and said Final EIR and all pUDlic COmments received andre'sponses
lhereto have been consiClered 'by the City'Council; 'and
W8EREAS, the City Council acting as the CEQA Lead Agency,hai)
independently reviewed and cqrjsideredall pul5lic co.!11Ments received and responses
lhereto,al1d' all environmenlC!1 doci.fmentation comprisinglhe Final EIR; and
WI+lEREAS, the City C08ncil acling as the. CEQA L,eadAgency, heQ30Y finds toat
lhe Final EIR-analyzes all polential envirClnine[ita,1 'effects of the proposedProjecl,
recommendeg rnitigation)n.6,asures, a reasonable range 'of projecl allernatives, and a
Mitigation cMopiloring. and Reporting Program pursuanUo CEQA for lhe implemenlation
of lhe Project,and finds that the 'Final EIR is complete and adequate and fully complies.
wilh all requiremenlsiof'CEqA. and
WHEREAS, SeCtion 21.081 of lhe CEQA iSlatutes and Section 15091 lhrough
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15093 of the CEQA 'Guidelines requires that when,a F,:inal EIR identifies Orie or ml're
significant effect of lhe project J.oedecisiofi~mak.'$r make written findihgs specified
therein prior to the apj:Jrovalciflhe'project; and
WHEREAS, the City Council has read and considered the Fir;lal EIR and has
considered olher evidence;preserjt.ed atthe'publiche:aring concerning the Final EIR and
.the proposed projecl applicat.ion,
NOW, THEREFORE, BE IT RESOLVED by lhe City Council of lhe City of
Poway, as follows,
:Section 1, The Cily Cotlncil finds that lhe Final EIR refleCts lhe independenl
J~dgment of the City Council and hereby certifies: lhat the Final EIR doctlment is
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~esolution No: P-03-75
Page 3
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complete:and adeguatefor the propose.d, ProjEtCl, arjd lMt said document fully comRlies
with th~ CEQA Slatute~, tile C,EQA Guideiii:1es'Cln_d related local implementation,
pr()cedur~l!: Th~ FinalEIR qonsists of the revised'lilraft EI,R. Miligalion.Monitoring and
Reporjing Program, and responses'lo publiccommenls received, The Final EIR is fully.
incorporated herein by:this reference,
Section '2: The City of Poway,as lead ag~ncY'Clnd gecision-maker" having reyii3:wed
and C9nsi96'red tt:1e inforroat,ion conlained in the Final EIR for the Project and the public
recon:!, finds thaI there are changes ,or alteralions to the projecl which avoid or
substanlially lessen the ider:ltified significantenvironmentalimpacls;specifically,
'implemenlation of the miligation measures as contained in the Final EIR and detailed
wilhin Exhibi!'A - Candidate CEQA Findil1gs,(Statement of Facts) andwithiriExhioit B'-
Milig<jtioh ty1onitOring and 'Reporting Program aUacned hereto and fully' incorporaled
herein'byttiis reference
Section 3: The City Council hereby a.dopts; bythi~ Res6lulicm, lhe FingiI19s.,required
by CEQA Guidelines Secliobs 15091-15093 and said Fihdings areaUached hereto as
, , . ." 0'_' '... .,~"' _..,_ ... ... .. :,'
Exhibit A " Candidale CEOt\ Findings (Statemerii of Facts) and are fully incorporaled
herein by lhis reference TheCily Council finds that 'all identified significant effects of
the proposed Projecl lhat .can be ,avoided or feasibly mitigaled, have been recluced to a
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level of lesslhan signifi9~f)~~ with. the i[11positionotreC6mmended miligfllion measures
contained iri the Final 'EIR and ils Mitigation Monitoringar71d Reporting Program
(MMRP). The City Council hereby adopts the MMRP cqntainedin the Final EIR, and as
attached .herelo as Exhibit ,B, and saicj MMRP is ,fully incorporated herein by this
reference,
Section 4 The City Cour:1cil fir:1ds thaI the Final EI~ has described and analyzed, a
reasonable range of'alternalivesloilhe Project The City' Council further finds that;the
alternatives. 10 the Project hay~ iJeen rejeCted as infeasible, based on ~pecific
ecbnomic,s()'iial or otherconsideralions as set forth in lhe Candidate CEOA Findings
(Statemenl.ofFacts)allached,hereto.as Exhibil A and lhe Final EIR
Section,5Upon certifi,cation of tl1~ Final E;IR arta approVal of the Pr6jElct;, the City
Clerk is hereby'cjirected to file a Notice of. Del~rmination wilh the County Clerk of San
Diego,County and the Office:of'Plar:mi8g and Research, andishall certify the adoption of
lhis resolution, The Director 'of Qeve10pment Service,S is hereby directeq to dislribule
the Final EI,R in accordance with'CEQA
Section 6, The required findings in compliance with Section 6 1 B of the
Implementin,g ,A;greemenU,CESA MOUapproved with the adopted Poway Subarea
Habitat COr:lservation Plan/NCCP Plan (PSRCP) for the proposed map project are
hereby made as follows:
A Toe pr()je.i:<.t ,bi()logig~1 resoUrce mitigatiori is in full compliance wilh the
cQmpeii~atioh, f[liligation requirements' and compensation mitigation ratios of the
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Resoll:Jtion No, P-03-75
Page 4
adopted and appfo,v?d, pSHCP The project, biological resource mitigalion is
consi15tehtwithrar:fd ,furthers the implementing objeclivesofthe PSHCI? in.lhatthe
[Tlitigation is consistent with the PSHCP and the certified FirlClI EIR pursuant to
Section 1 above,
The approved niitigCition permanenlly preserves arid protects' wilhin recorded
biologiCalc6!1s~rVa,(i9n and open . space easements a combined total of 57 5
acres of on-site sensitive,.babitats (i.e"eilher'existing habitat;; or disturbecj habitat
areas proposed to be restored with theprojecD within the, PSHCP Mitigation
Area,
B Addilional miligatiqn reqyiremenls are identified in the Final EIR" inCluding
cOf11pliclnce with lhe permitting requiremerils of the identified, "Responsible
Agencies", .including the U S, Army C6~ps' of E:Qgineers, lhe California Regiohai
Water Qualily Cor;itrol:Board, and lhe California Department of Fish and Game.
C The miljgation habitat is appropriately located in the PSHCP Mitig~tion Area to
enharice lhe long~term viability and func;tioh of th~preserve .syslem iri that lhe
mitigalion habilat .is entirely within lhe Miligation Area which will also, preserye
morethan!30% 'of'the existlrig native habilal located wilhin the Proposed
'l3es,Qu[ce Prolectiori Areas (PRPA) 6 and 7, as follows: 82% of Diegan Coastal
Sage' Scrub, 98% of Coaslal Sage/Chaparralscnlt:i, 100% of Southern Mixed
Chaparral, 96%, of SOl:Jthern Cqast Live 'OClk Riparian Forest, and in the
aggregate 97% of Willow Woodlands, Freshwater Marsh, Open Water and
,Disturbed Wetlands, This will serve 10 enhance the preserve system, t:>y
protecting the on-site Oak Riparian Forl?s~:tr,i!2'tl,ti3i'yd drainageahd occupied
upland Coastal Sage Scrub habitats.oncsite, Addilionally the projecl will resultjn
enhanced wildlife movement through the' project site along the Sycamore Creek
Wjldlifecorrid9r, w~;tbtonnecls lhe Blue Sky Ecological Reserve lotaledsouth
of't.he site with preser:vedareas which are part of the Herilags I and" projects.
The proj~c1 ,pr~poses to preserve exislinghabitat and restore af)d preserve
distl:Jrbed habitat .along Sycamore Creek, lheteby.enhancing ,ar;Jd widening the
wildlife corridor
o The mitigation will be 10 lhe long~lerr:r lJeri~fi! oflh'e PSHCP covered~species and
lheir habitCltsiin thaLttW,mitigi3tion will provide permanentbiological conservalion
artd9pej1 space easement deeds lhat will ensure that certain areas' of th~ site
remain ,as protected open space, and the' undis!Lifbed and restored habitat; area
withih ihe prolected open space will b.en~fit lhe 'ItlreatenedCalifornia
.Gnalcalche~, as well ,as ()th!'!r' "covered ,species" flnd lheir habilals, found in lhe
PSHCI? Mitigation ,Area and aajace.ht .habital cOriservation areas
E, The niitigatibnwill fbsfer the incremental, .iniplemenlation of the PSHCP in an
effectiV$l~nd~fficienimanner in that lhe oncsite miligation will be set aside by the
'project applicanl in accordance wilh the PSHCP; and lhe on-site mitigalion and
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Resolution No, P-03~75
Page 5
olher open, space areas will conserve and protecl a significant amounl of
biological open space in the Miligation,AI"ea in perpetuitY
F The rniligalion will not. resull in a negative' fiscal. impact with regard 10 the
successfuf i.mplemenlalion ofihe PSHCP ,ih lhat lhe subject rililigationand other
open,space lands will be dedicaled to the 8ity of Poway in fee litle and/or placed
within permanent public and private biological"conservalion easemenl deeds
G, Consullelion withtt'leWi,ldlife Agencies on the project, inclUdirig consultation as
requjred pursuanHto the,PSHCP on the project's proposed'water reservoir which
has been sited in fhe agriculturalgroves,has:been conducted,
Section 7 The findings for'General PlanAme[ldmeht (GPA) 01-02 are hereby made
as follows,
A The General Plan Amendmenl to change lhe land use designationgf the si,te
from Rural Residential A (RR;:A) to PI?nned CominUnily(pC) is' cblisistenl with
the GelJElral Plan, inl~'<oit, the change of land use designation will nol result in any
iri~cre.ase il]land usei8ensity or intensilybeyond that which is allowable under the
RR-A land use desigr:lalion;, and
B, The; General P1cm Arilendmentwill allow lhe projecUo cluster residential unils on
minimum 1-riet acre lofs, thereby eriabling the preservation of large blocks of
natural habilat'areas in permanent open space; 'and
C The General Plari Amehdment will enable the Implemenlation ofa hi.9her qualily~
mastl'ir-planned residenlial 'neighbornood in,lhal residential units will :be clustered
lhereby preserving riall:Jral habital areas in pe~manenlopen space; and
0 The General Plan ArnEmdinent will Elnable' Uift implemehtalion of,a higher quality,
mastElr"planned resigehtial neighborhood in that the project will provide a public
recreational trail which has been,designed to provide lhe highest possible,degree
of general public access, lhereby creCitinga communily wide be,nefit in terms of
recreational opportunity and visual access'-to preserved open space,
Section 8: The findings'in accordance with €hapter17 47 (Specific Plans) of the
Poway. Ml'micipal 80deforlhe Hidqen Valley Rai'lchSpecific Plah (SP01 "02), as it may
be revised byttieCi:mditionsofAppr'bval, are h'ereby made as foIlO\.vs'
A l:he Specific Plan is consistenl with lhe General Plan in lhat the cluster
subdivision design, wilh a total of 41101s on 420 acres ,of landlhat has an
average naluralslope of21%, is,consister:llwith lhe densily liinilation of the Rural
Residenlial A General Plan land use designation and RR"A zoning designation
and lherebyenable,s lhe preserVati~n of'large blocks of natural habitat areas in
permanent open space
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Resolulion No, pc03-75
Page 6
B. The Specific Plan is consislerit with the 'Poway. 'Municipal Code in that the
development and designstaridardsset forth, ihcluding those relating 10 building
'setbacks, building heights,' and architectural and landscape design, meet or'
exceed minimum City' standards,
C l:he' Specific Plan ,will enal:Jle tile implemerilatipri of a higher quality, master-
planned resideHlial 'neighborhood in that lheprojecl clusters residential units,
with' 1-neiacre ffi'inimum iotsizes, thereby preserving large blocks o(natural
habitahn permanent open space; and
o The Specific PlaH Will (3,nable lhe implementati()n pf a higher quality; iTlaster-
planned resideritial rieighborhood in that the projecl provides a public
recreatfonal trail which has been designed 10 provide the. highest possible degree
of'general public access, lhereby creating a communily wide benefil in,termsl,of
recrealional opportunity and visual access'lopre~erved open space
Section,9: The findings in accordance wilh the Stale Subdivision Map Acl
(Governmenl Code Seclion;664met seq,) for Tentalive Tract Map 00-02 ("Map"), as it
may be revisedby the Conditions of Approval, are made,Cls follows:
A 'The Map is consisterit With the General Plan in that the cluster subdivision
i design"with a'total of 41 .Iots on 420 acres of land lha! has an. average natural
slope of 21%, is consislent with thedensitylimilation of the Rural Residential A
OeneralPlan land :use, d1!signCltion; the c111stElrsl:Jbdivision design enables the
Rre~ervation ()f large blocks of natural habitat areas in permanent open space;
and the subdivision design provides ,a public recreation trail.
B The sile is physiq;lllysl:Jit!3tile f9r the type. Qf dElvelopment proposed in tQat the
project nas been designed ,to compiy with 'lhe' dens(ty limitations of ,the General
Plan, hillside development standards, and requiremerils of lhe Poway Municipal
Code,
C ThE! site is ptwsically, suitableifor'thedensity of the development proposed in',lhat
the iot sizes'and configurations have been designed'lo make allowances for.the
steep lopography,ofthe site,
o The desig8 ofthe Map isHbt likely, to cai'ise substanlial erivironmentaldamage or
avoidable injury to humans, and wildlife ,or their habital in that the project
development would not qause unavoidable adverse conditions to humans and
the projeCt is incompliaHqe with the Poway Subarea Habitat Conseryation Plan,
Eo The Map i~ no! ,Ii~ely to cause serious public health problems because City
water, sewer,a'nd drairiage syslem improvenienls are required as a condilion of
approval. .
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ResolulionNo, P-03-75
Page 7
F The design of the Mapwillnot conflict',^,ilt;lariyeas~menl acql:lired by the public
aI, large, now 'of'record, for accesslhr6ugh :of use of the property within lhe
proposed..subdiVisibi\
G. The Map will riot create any unmitigated adverse significanl impacls on the
environment
H. The, grading ,pla(1 for the Rroposed Map iHcludes'seyeral cut or fill sIOR.est!1at are
30 fe@tor grealer, bulnptexceeding 40 feel in vertical height. The Gity Grading
Ordinance requ.ire;>'GitYGo~ncil approval of all fill slopes of such height. The
City Council finds lhatsuch slopes are reasonable,and necessary 10 develop the
Project, and therefore, such. slopes are hereby approved,
Section 10: The findings in$c<c6rdance with Oovemrrfent Code Section 66020 for the
public improvements are made asfoUows:
A The'design and improvemElnts of the Map arE;) cpnsi$lent with all el,emenlsofthe
Poway General plan, as. welJ as City Ordinances, because all necessary services
. .. ..' -
and facililies Will be. available 10 serve the project. The construction of public
im'provemenls is needed as a, result. ofthe! proposed developmenllo prolecl the
public heallh, safetyand'welfare as identified below:
'1 On-site ar;)d off"site drainage improvements will be provided for the
increase in: suiiace water runoff
2. New fire. hydr~nts will be required 10 serve the new development and
provide fire proleclion,
3, Water and sewer fees shall be paid, allabrl~site and off-site improvements
made 10 provide'waler and sewer serVice folhe development.
4 Access 10 thesile will be provided in accordance with City standards and
to ensure adequaleemergency access, :
5 A public ,redeational trail wiU be proVided lhrough the project site 10
connecUhe existing public trail on Old Coach Road to the west otthe site,
with existing trails tothesoulh: oflhesite in the Bllje Sky Ecological
Reserve, thereby providing a communitywide recreational amenity,
Section,11' The findings, in accordance' with 'Section 1748070 of the Poway Municipal
CodeJor the'approval of CUp!01 ~5 are made asJollows
A The proposed location, size, design and operating characleristics of the private
golf course on a singlecfamily lot as'an, cmdllarysingle-family recrealional use is
in accordance with the litis and purpose of Section 17 48. 070 of the Poway
:.' .. 41t9
;'. " "
,
Resolution No .P-03-75
Page 8
,
Municipal Code; .the purpose of the zone in which the sile is located, the City
General Planand',the development policies'and standards ofthe City
B The priyate golf course Qi:l:a sipgle-familylot as ariancillary single,far:nily use has
been cj.esignecFto comply ;With the PoWay Gemeral Plan and MqQicipaJ, Code, and
will not impact surroundin'g development Therefore, lhe location, size, design
and operating characteristics of the prQposed use will ,be compatible wilh and will
nal adversely affect :or bematerially,detrimental to .adjacent uses, buildings,
structures, or natural resources,
C There are publicfacililies, :services, and utilities available to lhe sileo
,
0 Tbe'private golf course on'a single-family lot as elli ancillary single-family use has
been desi9n(3c! tbtQhjply~ith lhe Pqwax General Plan and MUl}iciRal Code
stand1:![ds and the use will be compatible with surrounding development
Therefore,there will be no harmful effect \'Ipon, desirable neighborhood
characterislics,
E, The privalegolfcoyr~~ on a single-family lot a~',an.ancillary single-family use Will
not resull in a significant impact on ,the cnaracter or lhe intensity of the
transportation system jn the, vicinity and is' Joundlo ,be consistent with lhe
Circulation Element of the General Plan in, tnal it. is aj5rivatecourse6n a singlec
family lot
F The use involves no hazardous malerials or processes, nor does il significantly
affect nalural resources, Th.erefore, therewiJl not be significanl harmful effects
upon ehvironmental quality aQd natural resources,
G. There are no othenelevarit riegative impacts of the proposed use that cannot be
, rnitigated:
H TheprQposed location; size, design, arid operalingcharacteristics of the
proposed use and the,cgndiliofls under which itwould be operated or maintained
will not be detriment~1 to lhe publichealtl;1, safety or 'welfare, or maleri~lIy
injurioLi~ 16 properties, or improvements ii:1 the viCinily nor be contrary 10 tne
adopted Gefleral Plan,
L The proposed use will comply'with each ofthe applicable provisions of Section
1748010 of lhe' Poway MllniCipaJ 'God~ with regard 10 current development
standards,
Secliori 12: The Cily Council hereby approves 1) General Plan Amendmenl 01-02,
changing iheGeneral Plan land use designation ,on. the approximale 420-acre sile
loc;aled on lhe easl side of 01dCbach Road,nontb of and adjacent to the Blue, Sky
Ecolog,ical Reserve,as shown on lhe map'included::as Exhibit C, from Rural Residential
~' , i. . 4'19~O
Resolution No: P-03-75
Page 9
i
Ato Planned Cbmmunitytoallow. aminimum lot:siie bfone net acre with no increase 10
" ,. . .-.. ---'" - - -.... .. _.-- .- ',. -.-- - ,Q. ': -- - ~o'.' ,n . ~-.. ..
lhe allowable density ClFlhe R~cAizonei 2) Spec!!tcpl~~ 01"02; 3) Tentative Tract Map
00-02.to create 'U residential lols; and 4) Conditional. Use Perfnil 01-05 10 allow a 9
hole private golf course 'as an ancillary use to the, existing single family residence; as
shown on the Teritalive TracfMap (dated Oclober 4,2002) and the Specific Plan'(dated
February 2003) on filewilh lhe Cily, .excepl as may ,be: modified herein, subject to lhe
following Conditions of Approval: . .
A This approval is not iriclusive of lhe desigr:l of the proposed single"family homes:
'Separale, approval of the 'home design ,and foolprinls shall be applied for throl:Jgh
the Development Review/Minor Develof?ment, Review process prior 10' isstlance
of building perri1ils,
B, Approval of this. request shall not waive compliance with any seclions of the
ZOli1ing Ordinance .andall olher applicable City Ordinances in effect allhe'lime of
building permit issuanc,e,
C The approval of GPA 02-01 shall become, effective prior to the issuance of a
grading permit or upon approv;31 of a 'FinalMap, wnicheveroccurs first
0 l'his approval is based on the existing sile cOr:lditions represenled on the
approved Tentative Tract Map If actual 'condilions vary from representations;
the approved Map ml:lsl be changed to reflecl the actual conditior:ls, Any
,slJbslantial changes ,to tile approved Tenlaliv~ TraCt Map, prior to Final Map
,approval, must be approved "tiy lhe Director of Development SerVices, and may
require approval of iheC}'[ty CounciL -." .. ..
E, The implementation of the project as specified on the Map and Specific Plan;
~xcep,t~s may be, m()difi,8dt:iy ,tQese Cond(tjons otApproval, shaJI, fUlly,comply
Wilh theProject's.certified:Final EIR (Stale Clearing House Number 2001121009)
and its adopled MiligationiMonitoring and Reporting Program (included as Exhibil
B),
F The applicant/developer shall participate in the Heritage Reimbursement
Agreement, referred ,to as "Relmbursemenl Agreement for Certain Public
)mprovements in ConjuoctiQn with Old .(Joac,h Golf EslalesTIM89-13R and
Heritage R,anch Estate,s TIM 98-02" if s13.icl agreement i~ approvE?d by theCily
CounciL. Payment of the developmeht's(Hldden Valley Ranch TIM)
reimbursemer:ll share shall be madewilhin'lhe time specified in the agreement
G. Any agricultl:lral grove area, tnat is not mpil}lained in a healthy and thriving
condition for an exce.ssive period of time as delermined by lhe Director of
DevelopmentSe~vi~:es; shalL be removed. Agricultural, grove areas thaI have
been removed shall provide adequate lalld!>caping fqr erosion control to lhe
, , , , . . 4191
Resolution Nb. P-03-75
Page 10
"
satisfaction of the City Language .relative, tb these requirements shall be
incorporaled intothe'final version of the'prdject Specific Plan.
H. Within 30 days of the date of this approval: (1) lhe applicanlshall submit in,
writirig that all Conditions -of' Approval have been read and l:Jnderstood; and (:2)
the property owners shall execule a Covenant Regarding Real Property
L Wittlih 30 days cifter'rec~iving CityCoYlJcil ?pp~6val of the project, the app!i(:;anl
shall apply for a,Lelter'ofAvailability (LOA) to reserve sewerage availabilily for 41
Equivalenl DwellingUriits (EDl:J's) and post with the City; anon-refuodable
reservation fee of $27,519,20 which represents 20% of the sewerage connection
fee in effect al'the'time,the,.LOA is issued,
Thirty percent '(30%) of, the sewer connection fees, in the amourit of $41.,278,80
shall be paid within 30 days from Final Map recordalion, This amount can be
broken up if applicanUdeveloper files multiple units of Final Maps.
The balance of the sewer. connection fees in the amount of $68,798.00,
representing fifty percent (50%) paymenl, shall ,be, paid prior to building permit
issuance but no later than 36 monlhs from recordation of the firsl Final Map,
unl~ss'otherwisegraf1ted atimEl extensionto complete tlie project
Each residential iot shail pay a balance of $1,678,00 Reference is, hereby made
to Cily Ordinance; ,No, 83; codified asChapler 13 08 of the Poway Municipal
Code as to lime extensions and for other partic-LJlars
The 41 EDU'sare for residenlial purposes only Any sewer conneclion, other
than residential use for lhe41 lots in the subdivision, may be required to reserve
and pay addilioncllseWer EDU's prior to building permit issuance or prior to
connection to the sewer line, whichever comes first
J Prior to Final Map approval, unless olher timing IS indicated, the following
conditions shall be complied with,
1 Submittal' of the Final Map to the Gity for review and payment ,of ma'p
checking'fee($1000 OO'per sheet),
2, The Final Map shall conform to ,City standards arid procedures, City
Subdivision Ordinance, Subdivision Map .Acl, Land Surveyors Act, lhe
Resolulionof Approval as approved by lhe City Council and shall be in
subslanlial conformarice with the approved Tentative Tract Map (except
as it may be modified bylhese Condilions of Approval)
", , ,. '. 4..192 .
RssolLilion No, P"03-75
Page 11
3. The applicant/deve!op,er shaJI ca9s~ the d~dicalior;1 of the folloWing
easemsl"]ts to lhe City and/or on behalf of the public unless olherwise
indicated:
a. An easement, a minimum of 20 feel wide; for each new public
water line or .new public s!3wf?r line localed outside a p]Jblicly
dedicated s,treet. righl-of-w.ay~hall b.e dedicaled to thE:! Cily, If waler
arid, seWer lines are installed parallelwilh each other, the combin,ed
wiClth.maybe reduced to 30 feel wide,
b A Biological Conservatior;1 "EaCsem,~nt (BCE) over 9~aC[esof
habitat on_site is required for miligalibn of projecl related impacts to
- ~:" -_.-",-- ,- ,-
nalural.habital resources. The mitigation BCE may occur wilhin
one, or several .sCEs and 'shall be located either in Open Space
Lots A, B, or C The final 16calion(s) of the mitigalion BCE(s)is
subject lathe reviewang a'pprqvf!1 of the Director of Development
Services, The,remaining areasih.~otsA, B, andC shall be placed
inari Open Space Easement All the easement documents shall. be
recorded',priorlo lhe issuance of-an .Administralive Clearing Permit,
gracjing permit, or recordalion' of the Final Map; whichever occurs
firs,t The Cilyshall, after the acceptance. of'lheeasemenl, process
a General Plan Amendment and Zon~ Change 10 change the,land
use and zOQing' designalion of 'the area of lhe easemenl 10 Op~n
Space-Resqurce Management (O'S~RM):
Open:'SpaceLols A, B, and C,shall,bedesignated on the Fir;1al Map
accordingly Applicable easement documellt plancheck review fees
are required, The easemenl areas shall not include any pqrtion of
the lot w,hich has mechal}icCjI equipment installalions/appur-
lenances, or the access route 10 those installaiions. of.;olherwise
encurrlbered wilh any other easements, The easement area shall
include only those areas lhat contain natural habitat or areas lhal
are to be re~torecJ'witl1'nCJtLlralhCJ~bitar If"a gradil']Q permit is"issUed
prior 10 Final Map approval said easements, shall 'be prepared 'to lhe
satisfaclion of the Direclor of Developmenl Services, prior to lhe
issuance of a grading permit
c, Public slreel rights-of-way'(thosestreels labeled as Streets "A", ".s",
and. "C" on the Tentative Tract Map signed arid dated by lhe
engineer of work, dated 10/4/02) Appll9ant/developer shall obtain
approval of slr~el names. from lhe Planning Division of lhe
DeveloomentSe,rvices Depaltmen.l priqr to Final Map approval. It
is suggested that' offici?1 street names shall be known prior to
submittal for revieW of'lhe Final Map Public street rights_of-way
sl)all be extsn~ded;to ,areas needed for street lighls and fire hydrants
, L~':, r: <.'c . 41.93 .
ResoliJlion;No. P"03-75
Page 12
installalion, lhedimensions of,Whi~t1'sh?1I be determined by lhe Cily
on a'case by case basis at'lime of'Final Map review
d, Access and general ulility easemenUs These easements are
needed within private slreel rights-of-way where 'lhere is a public
utility line and also, for acc~ss 10 lhe proposed waler reservoir
, Access ef-fsaments shall include mainlenance of ulility lines and
-.. ',-' '.., "::' --, .-' - - '.
access roads, Dedicalion of these easements to the Cily' shall
" To'
include jl71e right to assign'lhose easemenls" in whole or in .part,
including lhe righl 10 assign 10 telecomrnunicalion companies or
public utility companies for the provision or expansion of such
services,
e. Public recrealion lrail easements'; shall be provided consislenl wilh
the lrail alignment "A" disclJssedan,d shown in the 'project's Final
EIR, 10 tI;1e ~atisfaclion of ttie Direclor of Pu.blic Works and lhe
Director of Developmenl Services, except for lhal portion of the trail
adjacenUoLots"35 through and including 40, (along the,streel) lhat
will, be a, private lrailand may be gated. The easement for tl71e
publtc trail shall be pedic,at~,d 10' the City of Poway for putjlic use,
No gate; fence, wall, or olher obstrucli6n shall be installed so as to
prevenl through public access along the public lrail, unless
91herwise:authorizedby lhe Cily
f Drain?ge,easement(s), iftihy, The easerilent, a mi,nimYlTlof20 feet
wide. is needed for drainage facililies'to be maintained by the City .
The Cily shall make a deterfllination, during improvement plan
and/or Final Map review, as to which drainage facilities are to be
City-maintained
g, Flowage easemenl(s), if any If there is an afteralion' of the
streambed' ,that would cause lhe 100-year floodway, inundalion 10
exfend beyoncj exisling . fl.o""age easement(s), appropriate
easement shall be dedicated to the correspondingag,ency, if other
lhan the City of Poway, prior to Final Map approval. If flowage
easement is to be maintained bylhe City of Poway, ilshall 'be
dedicated lhrough lhe Final Map"
4 All easements',and/or righJs,of-way, ,10 be dedicated on ,behalf of the public
and/or 10 the City of Poway, unless otherwise indicated. shall be made
through the 'Final Map,
5 Should lhere be a need to extend public Water and sewer lines for the use
,,- . -'., ,"'. .
of any parceJ in the ,sljbcjiyision tbrQl'Jg~ off-sile property/ies, appropriate
-, --- .". ' ., '-.
easemenls shall be dedicaled 10 lheCiry prior to final map approval. A
. i . . 4194 .
Resolution No, P-03-75
Page 13
i'
processing fee of$1,000:00 per easement or right-of"way documenl (by
separate instrument other lhan through the Final Map) shall be paid 10 the
City al first submittal of do cum en I for review
6, The applicahtldeveioper shall afso dedicate to lhe City in fee title a
separaielot for the proposed water reservoir and any needed pump
station. and/or associaled appurtenances, The requirement for a reservoir'
has been identified 'in lhe project's. 'Final EIR as needed to provide
adequatew.aler supply to several lots ion' the. subdivision. The size of the
I()t(s) 'shall be 10 the. satisfaction oflhe Directors of Development Services
and Public Works Departmenls,As of the date of condilioning this
Teniaiive Tract Map, the location of the, proposed reservoir and r:leeded
pump station is nol yet delermined and not shown therein, Should 'an
a!terr:l~live method for water service be proposed, and approved by' the
Cily, the separate 101 shall notbe requIred,
"
7 Obtain City approval of grading and improvement plans (bolh public
irnprovernents,andp[ivafe slreet improvemehls),
8, Execution of Standard Agreement for the Construclion of' Public
Improvements, posting of securities' (performance, payment, and,
monumentalion):"and subrniltal of insurance certificates for Iiabilitv and
! workmen's compem;atio'n coverages," .. ". -
9 Recordation of a Privale Road Conslruclion and Maintenance,Agreement.
This Agreernent shall be .reviewed and approved as to form andcontenl
by the Cily ~~lorn~Yi prior to recordatiori, If there is an inslrumerit for
Covenants, Conditions, and Restrictior;ls ,(CC&R), which addresses
construction and maintenance of the private roads or accesses in the
subdivision, said CC&R shall be reviewed and approved by lhe Cily prior
to recordation,
10 Submittal to the' City of a copy ,of recorded private road or access
easements (off-site), the width of whic;hshall be to the satisfaction of lhe
City
11 Cause the dedicalion of general utility easement to the City for public
waler and sewer lines outside the limit? of the subdivision: if needed, to
serve lhe soulherly parcels with off-site access 10 and frorn Old Coach
Road, The widlh of the easement. shall be a minimum of 20 feet for each
Lilility line,
12, Deposita cash security equal to $10000 per sheel of the Final Map for
reprodl:lction of a 'pholomylar copy of the recorded Final Map If
applicant/developer can cause the reproduclion and delivery 10 lhe City,
, '
" . . 419~
Resolulion No. P-03-75
Page 14
!'
either thi:ojJgn ils Elf)g[neer ,or its title company or any designee, of said
pholomylar copy within reasonable 'time 'from Final Map recordation but
not exceeding lhree months thereafler, 'lt7le"security shall then be relurned
accordir;Jgly (See. Poway Municipal Code Section 16:12,060 B for sub-
,divider's responsibililylo provide a reproducible mylar copy 10 lheCity )
13, Pursuant toSec;llori 1! 08,170(5)(d) of the Roway Municipal Code, none
of the lots, including the open space loIs, can be further divided and a
covenant to :thaI effect' shall be recorded against lhe property in favor of
lheCily and shall be I}oted on the Final Map
14 This ,subdivisior:lis to be annexed ir:llo LMD 86-1A for mainlenance of
exisling landscapeimprovemenls.alongEspola Road and into the Lighling
Districl, ZOries A and C Zone A is for benefit of slreellights along Old
Coach Road (Elvl3.nthough they ma~ have j:lriv~t~ lights on. privale~lreElts),
Zone C is 'for lhe benefit of arterial safely lighling, traffic .sighals, and
flashing beacoris. Should the applicant, opf to include additional internal
landscaping to 'the Bistrict outside'lhoselisted above; the project shall be
subzoned (LMD ,8640)' and the, additional costs plus cost of living index
based 011 SP-GPI to cover these mairitenarice costs shall be paid by.lhe
applicant .'
15 The proposed .bour;Jdar.yadjuslment sh9wn, on the Tentative Tract Map is
not~ppro"e9i!~s a p_arl of this entitlement. Prior to final map, the applicant
shall subrhil docunientation that the proposed boundary adjuslmenlhas
been approved by the U S Bureau of Land Managemenl (BLM), prior to
the Cily processing a separate boundary adjustment application, If the
proposed b.oundaryadjuslment is not CiRprqv€)d by the BLMi)t shall be
removed fl"6rfllhe Fi6Eil Map Adqilionally if the boundary adjustinenl is
not approved by'llle' BLM, any ericroachfllerit of'agricultural operations.,off
lhe HVR site shall. be removed, The area, shall;lhen be restored 10 natural
habital, lo.thesalisfaction of the Direcior'.of,Development Services wilhin
12 monttis oflhe'date ,of the Final Map a~prova'-
16 Prior to lhe issuance of an,AdministrativeClearing Permit, grading permit,
or recordation .of the Final M~p, whicheVer OC9urs,first, lheCiPplicanl shall
d~rnonstrate to lhe salisfattiohofthe City Engineer, lheprojectcomplies
- .. --" . , ., . - ~ '
with the City's Standard Urban Slormwater Mitigation .Plan (SUSMP),
Should the applicant's proposed :method' of compliance wilh SUSMP
require an outside agency permit, documentalion lhat the permit has been
obtained shall besubmitfed to the.Cilyprior tothe issuance'of any permit.
Should the melhocjof ,compliance willi SUSMP necessitale a sighificant
revision to th~ prbjE,lcl design, as determined by lhe Director of
Development 'Services, the project 'shall requireCily Council approval.
City Council consideration of lhe revision shall be obtained through a
;.-;-, " . . 4'196
Resolution No, P-03-75
Page 15
modificati.9(1of the project enlillemer)ls, with applicable processing f~es to
be paid bylhe applicant
17 Deed cover;Jants shall be recorded on each of LoIs 32 through 4'1
indicating that the lots cannol be further subdivided, 10 lhe satisfaclion of
the City
18 Deed covenants shall be recorded on all lots to document individual
property' Owner maintenance responsibilities with regard to fire fuel
managemenl,to lhe salisfaction of'the City
19 Prior to'lhe issuance of an Adminislralive Clearing Permit, grading p~imit,
or recordalion of the Final Map, whichever occurs first; the applicant shall
make thefdllowing revisions to lhe Hidden Valley Ranch Specific Plan
(datedFElbrugry.r2.QQ3), 10 the satisf$.c::lignofthe Director of Developmenl
Services, 'and submil 3 copies of the document for inclusion into the
project file
a, A putiltg recreation trail sl}all bEl d~pjcted one Figure 2 of the Specific
Plaf;j consistent wilh the lrail 'alignmenl "A" discussed, anp shown in
. - , --, -..
r the pwject's Final EIR. to thesaiisfaction :of lhe Direcl6r of Public
Works ,oepartmenl and/or lhe Director of Community Services
DepartmElnt; excepl for lhal pClrtiQnof the trail 'adjacent 10 LoIs 35
througb ang including 40 (along the street) lhat wiil be a,Privatetrail
ancj ma'y be gated.
b The discussion of the local feeder trail on page 14 of !he Specific
Plan shall be replaced wilh "A;pl,lQlicrecreation lrail will be provicjed
alohg lhe project roads to connect the existing public trail on Old
Coach Road to the west oflhe 'site with lrails in the Blue Sky
Ecological Reserve, as shown on Figure 2, The trail will be
accesslble,.to public providiog a community ,wide benefit in lerms of
recreational opportunity arid visual access to preservedbpel1l:l
space in the project" , shouid the 'applicant wish to develop' a
sRecial fencing plsnto restrict potential trespass, from the'lrail onlo
the.agric;:ulturalafe~~ of tt:1l?~ile6r alimiled restricled public access
plan for a portion,of the"puoli<>trail;to accommodate certain periodic
,agricultural ,operations, ,a provision, shall be included, subject to the
approval of the' City
9: A statement st;lall.be include,d ,in the specific plan which clarifies
thaI none of the lols can be further subdivided,
i. . . 4197
Resolution No. P-03-75
Page 16
d, Anew sub-seclion shall be added to Section II.E (to supplement
Section VLQ 7) lhat discus,ses i,nidE2tlliI the poti:mlial.phasing out of
agricultural us~s, The discqs,sion shall address. al a minimum, lhe
requirement for removaioiany dead or dying trees and
replacemenl of landscaping malerialsJor erosion'controL
e Exhibits showing fire fuel managemellt (i.e. Exhibits 1S, 19 and 20)
shall be modified 10 reflect Cilyrequirerhehts,
f Section, liLE ;shall be modified to include a discussion of how,
conceptUally, the project will comply with the City's Standllfd Urban
Slormwater Management PlaQ, aDd toal ,lechnical studies will be
completed to demonslrat$ compliarice to lhe City prior to the
issuance of, any permits,
K, Prior to gradingpermiUssuance or Administrative Clellring Permit, unless ' other
timing is indicated, the applicanUdeveloper'sliallcompiele the following:
1 Submittal to the City for review and approval of grading plar:ls, erosion
control plan,Storm Water Pollution Preverilion Plan, gracjing permit
applicalion and geotechnical reporUs to the Development SeNices
Department.
'2 Grading of, 'theprojecl shall be in substantial conformange wil~ lhe
approved Tenlalive, Tract Map and in, accordance wilh the Uniform
Building Cbde.i City Grading Ordinance eWy-Slormwaler Managemenl and
Discharge Control Ordinance, SUSMP and'lhe EIR
3 A grading plan is required fordevelopmenl of lhe Iqlsi~ntl shCjH be
prepared on mylar ,at a scale to the l:ia.tjsfaction of the 'Cily Engineer and
submitted totbeDevelopment SerititesQepartment-Engineering Division
for review and approvaL At a minimum, the grading plan shall ,show the
following:
a. All new slopes wilh a maximum 2:1 (horizontal 10 vertical) slope,
unless, other:\Niseapproved by the City Enginee.r Tops, and loesof
graded'slopes shall be shown witt] a rJiinimum fivecfoot selback
from opensp8c:e areas 'arid property lines, Buildings shall .be
10cClted at least'S feel from tops and toes of slopes, unless waived
, .
by lhe Direclor of Development Services prior to issuance of a
grading permit.
b Driveways, in compliance with lhe specificalions provided in
Section 17 08 1700 of the F,!oway Municipal Code, and including
'. . 4198.
" ~ ~
Resolulion No pc03-75
Page 17
J-
mi[lirnum struclural sections together with their eleVations and
grades.
c, A separate erosion conlrol'plan for prevention of sedimenl run-off
during conslruction,
d, A certjfic?lesigned bya r,egister~d civil engineer that the grading
plah has preserved 'a minimum of 100 'square feel of $olar access
for each dwelling unil and for each future building site within the
subdivision,
e. All utiljtLi~s (proposed and exisling), together with lheir
appurtenances .and associated easements, Encroachments are .not
permitted upon ,any easement withoul an approved encroachment
agreemenUpermit
f Locations bfall utility boxes, clearly identified in c6ordinalion wilh
the respeclive utility companies, and approved by the City prior to
any installalion work, All proposed utility facilities more lhan36"
incnE!~ ii1 height and located \iii!hih or immediatelyadjacenl 10 the
public right"of"way are required to be sited to minimize visibijity and
screened through the inslallalion.of'landscaping.
g, Pad eleyalions shown orilhe gFa~ihg plan shall not change by
more thah2 feel from lhe elevalions shown on the approved
Tenlative TraGi Map, unless olherwise approved by the City
Council.
h, Show all biological and open space easemenl areas,
-4 A drainage syslem capable of haridling and disposing of all surface water
originating wilhin.the developmE;!nl and 'all ~urface water that m?y flow
onto thedevelbpmenHrom adjacent'lahds,shall be constructed, ,
5 Erosion control, including, but not limited to desiltation basins, shall be
installed and mainlEjined fromOClpber 151hto April 151h, An erosion
Gb[1trql ptansh?1I be prepated by the. project civil engineer and, shall be
submitted. as part oflhe grading plan, The applicanUdeveloper shall make
provisions to insure proper mainlenance of all erosion control devices
6 A ,Storm Water Pollution Prevention Plan (SWPPP) shall be ,prepared,
The SWPPPshall pt,ovidethe erosion, segimentation and pollution control
measures tb:beused duringconslrClclion.
. . 4199
.j", " .'
Resolution No. P-03-75
Page 18
7 Sqbmittalbf ~a cgpy, or a proof offjling, of a Notice of Inlenl(NOI)
application for .coverage of lhe National' Pollulant Discharge Elimination
System'(NPDESj permit
8. Prior 10 issuance of an Administralive, Clearing Permit, grading permit or
recordation of the Final Map, whichever occursfirsl; applicant shall record
a easement~ as speCified Condilion J 3 b, Applicable easement document
plancheck revieW fees are required,
9 Prior 10 issuance of iln Administrcitive Clearing Permit, gradin'g permil O[
recordation of the Final Map, whichev,er ocCurs firsl, the applicanJ' shall
ootain approval from the Direclor of Development Services Depart'menl
and Fire Marshai ofa Fire Fuel Mariagement Plan. Fire Fuel Managemenl
Zones shall be shown on a nonclitle sheet of each Final Map with a note
discussing the requirements and responsibHityof property owriE3!S for lhe
mainlenance Clf these areas as required by lhe approved Fire Fuel
ManagemenhPlarl,
10 A right-of-w::W permit'shall be obtaine,d from. the Engineering Divisicln of
the Development'Ser\tices Depa'rtment for any work 10 be done in public'
street rightscofcway or City~heldeasemerits,
11 The applicant/developer shall paylhe following:
Grading perini,! = $100:00 per permit
Grading plan,check = To be delermined based on lhefollowing guideline:
If c()stpf improvement is:
$1 10'$25;000 = fee is 5% ($500 min,)
$25,001 io $50,000 = add'lfeeof4% of cost
$50,001 to $100,000 =add:,1 feeof3% of cost
$100,QQ1to $500,000 = add'l fee of 2% of cosl
over $500,000 = Time and'malerials
Grading Inspection = T6be determined, same basis, as in
grading plan check fee calculation,
Geotechnical Reviews = $4 600 00
. I. ......
(Liinited 10 1 review, of preliminary soils report and 1 review of compaction
r,eport, and if rE:lportsare eigne for :all 41 lots combined at o.ne lime
Additional reviews, will be char'gE3d y,ih'en necC?ssary arld on a lime and
malerials qasis If a soils rep()rt anelJor compaction report is submitted for
each lot or a group of'lpls, at anyone time, the fee in effect al the lime
E3ach report issubmilledshall be paid,)
. '" .('< . . 4200
.
, ',"
Resolution No P-03-75
Page 19
Plan check and inspection fees are to be calculaled based on City
approved cosl estimales, using City's, adopted unit costs, prepared by lhe
applicant's prdjecl Civil engineer
12, Posling of grading securilies (eilher by bond and cash, letter of credit, or
certificaleof deoosit),
13- City approval af soils report and grading plans,
14 Submittal ora requesl for and hold a pre-construction meeting wilh a Cily
Engineeringinspedor The applicanUdeveloper shall be responsible that
necessary individuals, such as; but no.! limited la, contractors,
sybconlractors, project civil engineer and project soils engineer must
attend,the pre"construclion meeting,
15 RecordalionoflheFinal Map for Tefltative TractMap 00-02 (TTMOOc02).
Except for model homesa~ may be provided for in Ch~pler 16 of the
Poway Municipal Code and/or Section 66410 of the Slate of California
Government Code, If mulliple maps' are filed, the Final Map of the unit, in
which a building permil for a particular lot is soughlfor, shall be recorded
in the office of lhe San Diego County Recorder
16 Pursuant to the Oily of Poway Guide to 'landscape Requirernenls and an
approved Fuel ManagemenULandscape Plan on file with the City (to be
submitted) for laQdscape of all mar;iLJf~GtutM slopes greater than a 5 1
slooe and FLJ,el Managemenl Zones,all landscaping ,and irrigation,shall be
installed, to the satisfaclion of the Director of Development Services and
the Fire Marshal. Manufactured slopes greater than 5 1 shall. be planted'
wilh a combinalion of ground cover, shrubs, and trees (wi,th ratios and
sizes consisterit with the guide.lines), and shall be provided with an
~ulomf'lticirrigati?n system operalional at the time of final inspection, A
plan check fee/deposil is required will;l the landscape plan submittal
package, Street 'trees, a minirnl'lm pf 15-gallonsize Or larger; shall be
ii;1stalled in accbi'darce wilh the City of Poway Guide to Landscape
Requirements and shall be planted at an average of 30 feel 'on7center
spacing along all ,streels, Individualautomalic irrigalion systems shall be
provided on each, lot toserv~ the regyire.d streel trees, A minimum of two
streeflreesforeach 101 shall be orbvided,
L, Prior 10 constfiuctlon of' public improvements and private slreet improvements,
unless other timing is indicaled, the applicanVdeveloper shall complete the
followin~l
1 . Submittal to the City Development Services Departmenl for review and
approval of irnpravement:plans for ,lhe following improvements,
1'1 ,. .. 4201-
, .
~.e.solution No, P"03-75
Page 20
i
a, PublicStre.e.ts Ai B,& l:;-'TOese.streels,shall be improved 10 l,he
specificationsfbr Local Dedicated Rural Streel Standards (PMC
Sections 12:20.090 and 12.20'100) with a roadwaywidlh of 28 feet
in a 44-foot',streel righl-of-way 'improvemenls shall inClude, bul are
not limited 10, roadway paving, corislruclion of concrete curb and
gutter installation of slreellignts, 'and installation of re9realion trail
improvements,
.Pavemenrstructural section shall be based on a traffic index of 5.6,
Slreetlights;shall'beinstalled seven'feeq7') behind the face of curb
and atlocati6ns satisfaclorylo the Qity.Engineer
Street cui "de-sac shall be, improved to a minimum roadway
diamelerof 76 feet (curb to curb dimension), Appropriale:righl-of-
way shall be provided, mainta.ining a, setback (frbmcurbf~ce 10
righl"of-way line) of 8 feet minirDtJrn, The City Engineer reserves
the righl to modify lhe selback when ,lhere is juslifiable cause 10 do
so.
b Weiler r]1ain lines, appurtenances (induding the pump station), and
a minimum 500,dOO-gallon\valer reservoir The size and location
of the 'Water lines shall be lhatas eslablished by a water system
analysis prepared by an engine~ring :firm designated and approved
by the Qjty, The reservoir spall :beconcrete, or other design 10 lhe
satfsfactjon of the City Engfneer The water tank and
appurtenances shall be designed and constructed to the
satisfaction of lhe City The app,licanUdeveloper shall pay tolhe
City, upon 'demand, the cost qf preparing lhe analy~!s and City's
consullants' fee for review of the reservoir's design, ShoUld an
alternalive,method for water service be proposed, and approved by
lhe Cily, the reservoir shall nol bereql2Jired,
c; Sewer main lines' and appurtenances shall be designed 10 City
standards and specifications, Separafe sewer laterals shall. be
provided for each lol'in the subdivision,
d Recreation lrails shall be designe'd. to lhe salisfaction of the Public
Services' Department and/or the Community Services Department.
e Fire hydranls shall be installed, at locations determined by the City
Fire Marshal.
f Private,strE;letsshall be improved to a.28-fool curb-to-curb (or berm-
to-berrn) roadway within a 40,fool right-of-way, and in substanlial
conformance wifhthe improvemerits as depicted on the Tenlalive
" .. . . 4202
, .
"f" ..
Resolulion No, Pc03-75
, Paae 21
I "-
Tract Map for the subdivision. as p~epared by Landmark C:onsulting;
signed by Mark A Brencick, RGE 48J 53, daled 10/4102, Altern.ative
private road improvement standai'qs, Which are consistent with City
minimum reqLii~ilmEmtsi may ,p~prop0sed and are s~bject 10 the
approvaloflhe City Engineer,. Improvements shall include, bul are
nol limited to a public recreation trail located adjacent 10 lhe road
which is up '10 a maximum of 8 feel in improved width
Pavement struclural section- shall be b~sed'on a traffic,indexof5'6
Street improvemenls'shall also comply with the criteria for non-
dedicaled rural slreel standards and specificalions per Sections
12.20 HO,and 12,20 120 ofthe Poway MLinicipalCode,
Privale .sti'eetlighlsshall be installed at'all slreet interseclioris, cul-
de-sacs. and. al other localions 'to be determined by the City
Engineer The lighting system shall conform to City of Poway
standaras" 9l:lt~off luminaries shaiTbe'installed at the end of cul"dec
sacs to'provide,lrue 90-degreecl:lloff and prevenl projection of lighl
above 'the horizontal from the low,est point .of the lamp or light
emitting refractor or device All fixtures shall use a clear, low-
pressure,sodium vapor light source'
Exisling public utilily lines and' appl:lrtenances shall be shown on
the,;improvemenl plans. Locationgf'futureutility boxes, cabinets or
structures shall also be shown fUlly dimensioned and are subject.to
revieW througt;, an MoRA, processed lhrough Developmenl
Services; Planning Division, Streellights' standards and
specifications shall be subject to approval by lhe City prjor to
improvement'Rlan approval.
Slreet cui "de-sac shall b'e improved to a minimum roadway
diameter of, 76 feet (curb 10 curb or berm to berm dimension),
Approprlale righl-of-waysh~11 be provided,
2. The 'applicalJVdeveloper shall pay tfie foiiowing fees and post or pay
approoriate securities'
Improvement'plan check = Tci be .deterl'llined based on the foliowing
guideline
If cosl of improvement is
$1 to'$25,000 =.feeis 5% ($500 min.)
$25001 to $50 000 = add'.1 fee of4% of cost
$50,00.110 $106,000 =add'lfee of3%of cost
$'100:001 1'0 $500.000 =add'l fee of 2% of cost
over $500,000 = Time and.malerials
!' , " . 4203,-
" .
Resolulion No, P-03-75
Page 22
,
IfnproVt:1ment Inspection :;: :To .be, determined, same basis as in
improvement plan check fee calculation.
3, Posting of performance and payment securities,
4 Right-of~.w~y permits ($50 00 eac_h for: right-<lf-way permil, if needed) for
any worktobe done in publicstreet'or City-heldeasemenls.
5, Submittalofa ,request for and hold a pre-construclion meeling .wilh a Cily
Engineering: inspector The applicant/developer shall 'be respon~ible thai
necessary individuals, suc~ as, out not limitecl to, contractors,
sub9pri,traclors; p'roject civil engineer and project soils engineer must
attend the pre-conslruclion meeting,
6 No private improvements shall be. placed or construclecl wilhin public
street rights-oE\Nayor City easemerilsr unless anyone of lhe following is
satisfied:'
a, Anencro~chment maintenallceand removal agreemenl has tJeen
e~~cuted 'by the developer/owner an'd subsequerilly approved by
theCitYi or
b: Approval of grading or improveme[1tplans, on which 9. [igt;,t-of_Way
permil has been issued for the priVate improvements shown to be
conslrLJcted:, The City, however, reserves the right to require the
execulion of an encroachment maintenance and removal
agreement
7 Theappljcant i3~aU post payment of astreellight eriergizingfee of$350:00
per streellighL The number of slreeUights shall be delermined with lhe
approval of improvemenl plans .for the conslruclion of public
improvements required forthis subdivision,
M. Prior 10 building permit issuance, unless other timing is indicaled, the followjng
conditions shall be satisfied, These conditions may be modified o(,added on to
conditi<?ns thaI may!?$ if)1Posed icwthe approval of. Development Review (bR) or
Minor Development Review Applications (MORA),
1 Recordalion of the Final:Map for TenlativeTract Map No, QO-02, Iffiled .in
multiple ,units, it shall be recordation pf .the Final Map of the uriil in which
lhe property seeking a building permit isloqated,
2, Completion of and approval by the City of rough grading of the projecl site
3 'City approval of soils' compactio!:1 report
" ,. . 4'20~ .
"
;'
Resolution No, P-03-75
Page 23
i
4 City approval of a certiftcatioh of lii;)e{and grade. The certificalionshall be
prepared by lheproject's civil engineer or,Cily-approved designee,
5 Payment of development fees 10 the City Developmeril fees, include, bot
are notJimited to, waler base capacily fee, sewer connection'fee, drainage
fee lraffic miligalion fee and parK fee, In. addilion, payment of water meter
fee, sewerdE?anoy~ fee, sewer irispeclion fee, and San Diego County
Water Authority base . capacity charge (by separate check bot remitted to
Cily of Poway )
6. The developeris'advi~ed thaI Pursuant to Sectio'l17.26,1 00 of ll;le Poway
Municipal Code, single-family residential development shall provide that
fifteen percent of the units created shall be affordable 10 low-income
households, The developer offor-sal~ housing may; in Ii~u cif pro~idirig
required inch,Jsioll?ry housirigoncsite of offcsite, pay a fee to the City in
acc6rdanc~,withthe provisions of the, referenced section,
7 Minor Developmenl Review, or Development Review, permils shall be
completep~cil5tained for each new house design, including, but riot limited
10, site "plans, building elevations,incorp6rating all Conditions of Approval
through the Planning Division and consistent with the approved Specific
Plan,
8 The following shall be completed to the satisfaction 'of the Direclor of
Safety Services:
a, Dead-end fire apparalus acc,e~s ro~dways in excess, of 1.50 feet
shall ~ proyided with approved provisions for the turning around of
emergency apparalus as follows' 20-foot minimum width andeilher
a 70-foot diameler cul-de-sac or 72-foot hammerhead: 8urves and
topographicaL. conditions could increase lhe requirements for
turnarounds and the width of access ~ays, Exception: a 16-foot
private driveway. is permiSSible when serving two or fewer dwelling
units,
b Fire hydrants shaH be installed"at :Iocations to be determined by the
. Fire Marshal. A water analysis shall be required .to establish lhe
adequacy of the existing water main and all necessary water main
extensions to serve the project Cos,l of analysis shall :be paid by
the applica[1Udeveloper pri6rt.osubmittal of improv~ment pl<lris
Installation ofJire hydranUs shall be completed al a time designated
by the Fire Marshal.
c. All lots shall be serviced wilh one-inch water meters and one-inch
laterals
, " .' . 42Q5 .
" ,
~es6lulion No P~03-75
page 24
d, A ~aler systE'!m arialysi~~~bajt be requirecj to verify Waler flows at
each fire hydrant of 1500 gallon's pef minute at 20 PS L residual
pressure,
e AWildland Fuel Miligalion Plan shall be submitted to .elimiriate any
polenlial threal of spread of'fir,eftom the proposed building and the
op~fl~pace easement All cL[rrent ~nfifulure str,uctLires will require
100-fool'fuel' managemenl zones: With 'the exception of lots 1, 2,
and 3 which, will be required to have 8S-foot fuel management
zones, This plan shall be approvec::t by the Direclors of Safety
Services and Development Services 'Prior to building occupancy
f The gated entry to Phase II. of theproject(ie: located between LoIs
3 and 4) shall operale to the satisfaclion oflhe Safely ServiGes
Department All gates electriCally operated shall meet current
electric;alli operated access gate policy, including "Knox" key
override switch. and "opticom" traffic control delection, The, gated
enlryshall not obslruct public access to the project's public
recrealiori trail.
g, Prior to delivery of combustible building malerials on-site, water and
sewer systems shall satisfactorily pass, all required tesls and be
connectec::t'to the public water and :i3ewer systems, In addition, the
first lift of 'cisphalt paving shall be irl_ place to provide adequale,
permanenl access for emergency vehicles
h, Proyide emergency vehicle access'from public street "B" 10 private
street "E" (Old Coach Road), as shO\oiln on Hidden Valley R,,!flCh
tentative map daled October 4, 2002, and signed by Mark A,
Brencick of Landmark Consulling,
L Every building hereafter cbns.tructea shall be accessible 10 Fire
Department apparatus by way of'access roadways with an all,
weather. driving surface of riot less than 16 feet of uncibstrucled
width, wi.th an adequate roadway turning radius capable of
supp.orting the imposedl<?as.1s of fire apparalusand, having a
minimum of 13'6" of vertical clearance The road surface type shall
be approved by the Cily Er:1gineer pursuanl to lhe City of Poway
Municipal Code
.
J Approved nl!mbers or addres,ses shall be placed on the building in
such a pbsjti6ri as to be plai,nly VisitJ1eand legible from the slreet
fronting the property, Sa)d num.bers shall contrast with their
background, The minimum height of address numbers shall be four
inches, Addresses shall be required at privale driveway enlrances.
'. :'.' -;,. 4.~:()'6 .'
Resolulion No, P-03-75
Page 25
,
k, Each chimneY ,used in cpnjLJI')c::tion Wilh any fireplace shall be
mainlainedwith a spark arrester
L Roofcoverir:lgs shall be fire retardant as per UBC Section 1503 and
1504, UBG Slandard 15-2 and City of PQway Ordinance #64 and its
amended mdiliance #526
N, Prior to City~'s release of securities, unless other liming is indicated, the following
cOriditions shall be satisfied:
1 Drainage facilities, slope landscaping and protection me~sures, utilities,
waler improvemenls, and all roadway .improvements shall be construcled,
completed, and'inspected by the Engineering inspector
2, All damaged .off-site and on-site PLJblic wo(l5s facilities shall be repaired
and replaced prior 16 exoneration of securilies, to the salisfaclion of the
Director of Development Services:
3 The developer shall repair, 10 the ,satisfaclion of the City Engineer,any
and .all damCiges 10 the public:: and priyate road improvements caused by
construclion activity from this project.
4 Record drawings for grading plans, signed Qythe engineer of work, shall
be submitteqto Developmenl SerVices IJrj6r ,to a request of occupancy,
per'Seclion16,52:,130B,ofthe Grading Ordinance Record drawings shall
be submitted in a manner to allow'tt;Je Cily adequate time for review and
approval prior to issuance of occupancy and release of grading securities,
5 Required streeld~eesand automatic irrigation syslem shall be installed to
the satisfaction ofthe Direclor of Developmer:ltServices prior 10 certificate
of occupancy of the individual loIs,
6 Posting of a warranly bond for the public improvements,
7 Grading securities shall be releas.ed only tjpon completion pf the project
ang l:Jpongily approyal of the recorcf drawings of the grading plans,
Pefforrrlancesecurilies for public improvemenls, if posted and. separale
from the grading securities, st;Jall, only be reduced twice before completion
of improvements Payment securities and remaining performance
securities; if 9ny, shall be released no. sooner lhan 90 days after Cily's
acceptance of, improvements, posting of warranty security, and approval of
record drawings,
Section 13: The approval of Tentative Tract' Map 00-02 expires on November 18,
2005, al 5'00 p m The Final Map cOhforming to lhis conditionally approved Ientalive
TractMap shall be. filed with the City so thaI the Cily may approve lhe Final Map before
" .. 'b . 4207 .
'C,
" ~ I
Resolulion No P-03-75
Page 26
lhis apRroval expires, unless alleast, 90 days fJrior to lhe expiration of the Tenlative
Tract Map 'a request for a time 'exlension is, submitted to the Development Services
Department and a'lime exlension issubsequenHy granted by the Cily Council.
Section 14: Pursuantto Government Code Section 66020, the 90-day approval period
in which.the:applicant may protest iheimposilion of any fe,es; dedicalions,~eservalions,
9r exactions imposed pursuant to lhis approval shall begin on November 18, 2003,
PASSED, APOPT,EQ,AND APPROVED by the-City Council of lhe Cily of Poway,
Slale of California, at aregular meeting this 18th day of November 2003
ATTEST
~ CLI~
Lor' Anne Peoples, Cily . lefk,
STATE OF' CALIFORNIA )
) SS,
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples; Qity' Cle~k of the City of Poway, do hereby certify, under
penalty of perjury, lhat the foregoing Resolution No, ,Pc03-75 was duly adopted by the
,,- . ~ :.- .
City Council at a meeting of said Cily Council held on the 18th day of November 2003
. - -'..
and that itwas so adopted by the following vote
AYES HIGGINSON, REXFORD,CAFAGNA
NOES EMERY, GOLDBY
ABSTAIN' NONE
ABSENT NONE
Lori Anne Peoples, City Cle
Cily df poway