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Res 90-097RESOLUTION NO. 90-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING OLD COACH GOLF ESTATES PLANNED COMMUNITY SPECIFIC PLAN 89-01 WHEREAS, Chapter 17.47 (Specific Plan Regulations) of the Poway Municipal Code provides for the preparation and adoption of specific plans in accordance with Section 65450, et. seq., of the California Government Code {Article 8, Specific Plans); and WHEREAS, the Land Use Element of the Poway General Plan contains Objective 18, Policy 18.a, and Map Figure 3 concerning the Old Coach special study area; and WHEREAS, said Policy 18.a states in part Policy 18.a Land use changes in the outlying areas shall be required to prepare a specific plan of land use or a planned community develop- ment plan that discusses appropriate land uses, public facilities, financing mechanism and the provision for environmental quality based upon the following: Old Coach Area: The Old Coach Area should be oriented to rural resi- dential land uses or a resort recreational facility that would include a variety of residential and recreational uses such as golf courses and equestrian centers. WHEREAS, the Land Use Element also describes, in part, the Planned Community Land Use as follows: The Planned Communities designation illustrates areas where future development of a variety of land uses may occur based upon the adoption by the City Council of a Planned Community Development Plan. The pur- pose of the Planned Communities designation is to encourage land planning of large contiguous areas where parcel-specific features can be addressed with creative solutions that meet or exceed the goals, objectives, and policies of the City General Plan. However, land uses within a Planned Community area shall be no more intensive that described within the City's General Plan; and WHEREAS, the City of Poway received proposed land use and planning applica- tions for the proposed Old Coach Golf Estates project, concerning approximately 708 gross acres of undeveloped land located on the north side of Espola Road and fronting Old Coach Road, and owned by Environmental Developments, LTD, appli- cant; and WHEREAS, on April 24, 1990, the City Council approved a resolution ini- tiating the consideration of the proposed project applications at the General Plan Amendment 90-01 public hearing on May 15, 1990; and Resolution No. 90-097 Page 2 WHEREAS, the subject project applications constst of General Plan Amendment 90-01A and companion zone change ZC 90-01A concerning the amendment of the pro- ject's land use and zontng designation from Rural Residential A, RR-A zone; Rural Residentlal B, RR-B zone; and Rural Residential C, RR-C zone to Planned Community, PC zone; an associated Old Coach Golf Estates Planned Community Specific Plan 89-01 concerning the specific types of land uses and maximum development intensity permitted for the subject project area; and Tentative Tract Hap 89-13 which proposes the subdivision of the project site into 157 lots; and WHEREAS, Specific Plan 89-01 consist of a plan text with associated graphic exhlblts and a development concept plan; and said document contains property development standards and special requirements tailored to the speciflc goals, objectives, and policies of the General Plan; and WHEREAS, Specific Plan 89-01 has been prepared in accordance with the appli- cable provisions of the Poway Comprehensive Plan and is conslstent therewith; and WHEREAS, the subject property consists of Assessor's Parcel Numbers 273-100-10, 11; 273-182-19, 19; 277-010-02, 05, 22, 23; 277-070-24, 27 - 31; 277-071-02-08, 09; and 277-140-01, 06, 23, 24, 26; and WHEREAS, the City of Poway as lead agency caused the preparation of a draft EIR (Old Coach Golf Estates Project, SCH #90010015) for the project applica- tions, completed the environmental document and circulated the draft EIR for a 45 day public review period from Harch 6 to April 20, 1990; and WHEREAS, pursuant to recently enacted State legislation (AB 3180), a mitiga- tion monltoring/reportlng program has been prepared to ensure the successful implementation of all mitigation measures Identified in the final EIR, and said program Is contained in the flnal EIR; and WHEREAS, the City Council held a properly noticed public hearing on Nay 15, 1990 to consider the subject final environmental impact report including the response to public comments, the mitigation monitoring and reporting program, the candidate written findings for Identified slgnlflcant effects, and also con- sidered the aforementioned land use and planning appllcatlons in accordance with the California Government Code and the California Envlronmental Quallty Act; and WHEREAS, following the closing of said public hearing, the City of Poway as lead agency and decision-maker, adopted a resolution certifying the final EIR as complete and adequate for the project applications; and NOW, THEREFORE be it resolved that the City Council does hereby approve the Old Coach Golf Estates Planned Community Specific Plan 89-01 subject to all of the following: Resolution No. 90-097 Page 3 City Counctl Decision: The City Counc11 hereby approves Spectflc Plan 89-0! subject to the following conditions: Within 30 days of approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and {2) the property owner shall execute a Covenant on Real Property recording the conditions of approval. Review and approval of the clubhouse site plan, architecture, landscaping, uses, parking, hours of operation and other related items and uses, shall be subject to the City of Poway development review pro- cess and subject to the conditional use permit requirements delineated in the Poway Development Code as they exist today and as they may be amended later. Construction of the golf course ~y c~lmflence upon the approval of a bulk grading plan. Fine grading plans will be submitted and approved prior to grading activities outside those specifically shown on the bulk grading plans. The golf course grading shall substantially con- form to the conceptual grading plan presented as part of this Planned Com~m~dnity. All requirements of the City of Poway Sign Ordinance, Subdivision Ordinance and Grading Ordinance shall apply. Regulations for the development of homes shall comply fully with the amended requirements of the Rural Residential C zone as detailed in Section VII-A of the Specific Plan Text. The Old Coach Golf Estates project shall be developed in full compliance with the provisions of the following City documents: City of Poway resolution certifying the Final Environmental Impact Report {SCH #90010015) for the Old Coach Golf Estates project. be City of Poway resolution approving Old Coach Golf Estates General Plan Amendment GPA gO-OIA. City of Poway ordinance approving Old Coach Golf Estates Zone Change gO-O1A. de City of Poway resolution approving the Old Coach Golf Estates Planned Community Specific Plan 89-01 subject to conditions therein. e. City of Poway resolution approving Tentative Tract Map 8g-13 sub- ject to conditions therein. Resolution No. 90-097 Page 4 0 Be go 10. City of Poway approval documents and/or entitlements which may be subsequently adopted by the City with regard to the subject pro- ject. Within 30 days following the City's approval of the above noted docu- ments, the developer shall submit for City review and approval Specific Plan 89-01 to comply with the conditions of approval, including, but not limited to, modifications to specific plan text/development concept plan, and the tentative map. Conditions of approval of the specific plan and tentative map shall be included in the amended specific plan text. Once approved by the City, the developer shall provide the City one reproducible original of the specific plan text and associated graphic exhibits and development concept plan {one reproducible and one colored original print) and one copy of the text in WordPerfect format for the IBM computer. A copy of the Covenants, Conditions and Restrictions {CC&Rs) and/or Articles of Incorporation of the Homeowners Association and Architectural Review Committee (if adopted) shall be subject to the review for compliance with conditions herein, to the satisfaction of the City Attorney and Director of Planning Services, and shall be filed with the Secretary of State, the County Recorder, and the City Clerk prior to building permit issuance. The CC&Rs shall incorporate, by reference, the approved Specific Plan 89-01 and shall specifically identify all development guidelines, conditions, and requirements that apply to individual lots. The Old Coach Golf Estates Planned C~i~i)unity specific plan and final map(s) shall be limited to a maximum of 156 numbered lots for single- family residential development and one numbered lot for the golf course, for a total of 157 numbered lots. All residential lots shall be no less than one net acre in size. All open space areas shall be identified on the final map{s) as lettered lots separate from the num- bered lots. The Old Coach Golf Estates Planned Community shall be subject to Ordinance No. 283 passed by the voters of the City of Poway on November 8, 1988, and adopted by the Poway City Council on December 6, 1988. Ordinance No. 283 enacted Proposition FF, and said ordinance added, in part, the following provisions to the Poway General Plan and Zoning Development Code concerning the Old Coach Planned Community. No change to the Old Coach Planned C~))))unlty Development Plan or to the Poway Municipal Code which would increase the residential density or increase the commercial or manufacturing use within the Old Coach Planned Community shall be adopted unless and until such change is approved by ordinance adopted by the voters of the City at a special or general election, or approved first by the City Council and then adopted by the voters in such an election. Resolution No. 90-097 Page 5 11. 12. tn order to preserve the very low density and Intensity of deve- lopment tn the Old Coach Planned Community. no property located wlthtn the Old Coach Planned Corr~unlty shall be rezoned to a zone. nor shall the Poway #untctpal Code or the Old Coach Planned Cof~unlty Development Plan be amended In such a way, which would 1ncr.as. the residential denslty or Increase the c~.,,,ercial or manufacturing use permitted wlthtn the Old Coach Planned Community untll and unless such rezonlng or amendment Is approved by ordi- nance adopted by the voters of the Clty at a speclal or general election, or flrst approved by the Poway Clty Council and then adopted by the voters of the City at a special or general elec- tion. A deed restrlction shall be recorded on each lot to the benefit of each other lot In this subdivision which states that no General Plan Amendment, zone change, tentative subdivision map or other discre- tionary land use declston shall be adopted with respect to the property which would Increase residential density or Intensity of use or would permtt an Industrial or commercial use other than as permitted by Speclflc Plan 89-0! unless and untll such action is approved by the voters of the City at a special or general election. The developer shall cause to be included as part of each deed of sale, for each parcel of property soTd, a covenant containing the restric- tions that: Each lot as shown on the approved tentative and final tract maps for the Old Coach Golf Estates shall be restricted to the use of one single-family dwelling unit which shall include all those uses associated with and allowed for under the Poway Comprehensive Plan and Specific Plan 89-01, and shall exclude any form of commercial, business, professional, industrial or multi-dwelling use except for home occupations or those uses currently allowed under resi- dential zoning in the Poway Comprehensive Plan and Specific Plan 89-01 and those commercial or business uses related specifically to the golf course as designated in the Planned Community Plan. b. The covenant shall be binding upon all heirs, assigns, or suc- cessors in interest and shall run with the land. c. The covenant shall be for the benefit of each and every individual lot owner or his heirs, assigns, or successors. d. Each deed of Sale shall contain this covenant. Approval of this specific plan shall not become effective before 30 days after second reading and adoption of the ordinance changing the zoning classification of this property to Planned Community. Resolution No. gO-O97 Page 6 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 15th day of May, 1990. Don Higginson, Ma~jrOr ATTEST: Mar]Orle~K. qFahl&ten'; Clt~ Cl~rk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. 90-097 , was duly adopted by the City Council at a meeting of said City Council held on the 15th day of May , 1990, and that it was so adopted by the following vote: AYES: BRANNON, GOLDSMITH, HIGGINSON NOES: EMERY ABSTAIN: KRUSE ABSENT:NONE R/R-5-15.37-42 Ma rjFo r i ~/K¥ Wa~l stCn ,'-Cityy~l erk City of' Poway