Res P-14-07 RESOLUTION NO. P-14-07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING AN AMENDMENT TO
THE HIDDEN VALLEY RANCH PROJECT UNDER
SPECIFIC PLAN AMENDMENT (SPA) 13-004
AND TENTATIVE TRACT MAP (TTM) 12-001
WHEREAS, Ed and Barbara Malone, Applicant, have filed development
applications concerning the Hidden Valley Ranch Project ("Project") located on the east
side of Old Coach Road, north of and adjacent to the Blue Sky Ecological Reserve; and
WHEREAS, on November 18, 2003, the Project was originally considered and
approved by the City Council pursuant to Resolution P-03-75. The Project-approved
entitlements consist of the Final Environmental Impact Report (Final EIR, State
Clearinghouse No. 2001121009), General Plan Amendment (GPA) 01-02, Zoning
Ordinance Amendment (ZOA) 01-04, Specific Plan 01-02, TTM 00-02, and Conditional
Use Permit (CUP) 01-05; and
WHEREAS, the Project has not yet been constructed, but after development will
be a 41-unit, detached single-family home (40 new, 1 existing), master-planned
neighborhood on approximately 420 acres located east of Old Coach Road, north and
adjacent to the Blue Sky Ecological Reserve in the Planned Community (PC) zone. The
previously approved project entitlements involved the following: (1) a General Plan
Amendment to change the existing General Plan land use designation of the site from
Rural Residential A (RR-A) to PC to allow for the development of a master-planned
residential neighborhood with minimum lot sizes as small as 1-net acre in a "clustered"
configuration, which does not exceed the allowable residential density of the prior RR-A
General Plan land use designation; (2) a Zoning Ordinance Amendment to change the
zoning designation of the site (to be consistent with the proposed General Plan
designation) from RR-A to PC to allow for the development of a master-planned
residential neighborhood with minimum lot sizes as small as 1-net acre in a "clustered"
configuration, which does not exceed the allowable residential density of the prior RR-A
zoning designation; (3) a Specific Plan to establish the development plan/development
standards of the master-planned residential neighborhood; (4) a Tentative Tract Map to
subdivide the approximate 420-acre site into 41 "numbered" lots, which range in size
from 1-net acre to 8.8-net acres (with one lot at 257 acres) for the purpose of
constructing 40 homes, and 3 "lettered" lots ranging in size from 14.3 to 23.9 acres in
size (with a combined total area of 57.5 acres) for the purpose of permanently
preserving existing natural open space areas and currently disturbed open space areas
that are proposed to be restored; and (5) a Conditional Use Permit to establish a private
9-hole golf course; and
WHEREAS, on August 16, 2005, revisions to the Project that were proposed
by the applicant were considered and approved by the City Council pursuant to
Resolution P-05-53, and
Resolution No. P-14-07
Page 2
WHEREAS, the Applicant is proposing additional revisions to the project under
SPA 13-004 and TTM 12-001 pertaining to redesign of project streets and lots,
realignment of the public recreation trail through the project site, and establishment of a
development phasing plan; and
WHEREAS, on August 19, 2014, the City Council held a public hearing on the
above-referenced item; and
WHEREAS, the City Council has read and considered the agenda report for the
proposed revisions to the project, and has considered other evidence presented at the
public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway, as follows:
Section 1: The City Council finds that, pursuant to Section 15162 of the California
Environmental Quality Act (CEQA) Guidelines, a subsequent EIR, or any additional
environmental review or notice, is not required since the project is within the scope of
the Hidden Valley Ranch Environmental Impact Report (EIR), which was certified in
conjunction with the original approval of the project on November 18, 2003 (SCH
#2001121009).
Section 2: The findings, in accordance with Chapter 17.47 (Specific Plans) of the
Poway Municipal Code (PMC), for the Hidden Valley Ranch Specific Plan (SP 13-004),
as it may be revised by the conditions of approval, are hereby made as follows:
A. The Specific Plan is consistent with the General Plan in that the cluster
subdivision design, with a total of 41 lots on 420 acres of land that has an
average natural slope of 21%, is consistent with the density limitation of the Rural
Residential A General Plan land use designation and RR-A zoning designation,
which are the prior designations of the project site, and thereby enables the
preservation of large blocks of natural habitat areas in permanent open space.
B. The Specific Plan is consistent with the PMC in that the development and design
standards set forth, including those relating to building setbacks, building heights,
and architectural and landscape design, meet or exceed minimum City
standards.
C. The Specific Plan will enable the implementation of a higher quality master-
planned residential neighborhood in that the project clusters residential units,
with 1-net acre minimum lot sizes, thereby preserving large blocks of natural
habitat in permanent open space; and
D. The Specific Plan will enable the implementation of a higher quality, master-
planned residential neighborhood in that the project provides a public
recreational trail that has been designed to provide the highest possible degree
of general public access, thereby creating a community-wide benefit in terms of
recreational opportunity and visual access to preserved open space.
Resolution No. P-14-07
Page 3
Section 3: The findings in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for TTM 12-001 ("Map"), as it may be
revised by the conditions of approval, are made as follows:
A. The Map is consistent with the General Plan in that the cluster subdivision
design, with a total of 41 lots on 420 acres of land that has an average natural
slope of 21%, is consistent with the density limitation of the Rural Residential A
General Plan land use designation; the cluster subdivision design enables the
preservation of large blocks of natural habitat areas in permanent open space;
and the subdivision design provides a public recreation trail.
B. The site is physically suitable for the type of development proposed in that the
project has been designed to comply with the density limitations of the General
Plan, hillside development standards, and requirements of the PMC.
C. The site is physically suitable for the density of the development proposed in that
the lot sizes and configurations have been designed to make allowances for the
steep topography of the site.
D. The design of the Map is not likely to cause substantial environmental damage or
avoidable injury to humans and wildlife or their habitat in that the project
development would not cause unavoidable adverse conditions to humans and
the project is in compliance with the Poway Subarea Habitat Conservation Plan.
E. The Map is not likely to cause serious public health problems because City
water, sewer, and drainage system improvements are required as a condition of
approval.
F. The design of the Map will not conflict with any easement acquired by the public
at large, now of record, for access through or use of the property within the
proposed subdivision.
G. The Map will not create any unmitigated adverse significant impacts on the
environment.
H. The grading plan for the proposed Map includes several cut or fill slopes that are
30 feet or greater, but not exceeding 40 feet in vertical height. The City Grading
Ordinance requires City Council approval of all fill slopes of such height. The
City Council finds that such slopes are reasonable and necessary to develop the
Project, and therefore, such slopes are hereby approved.
Section 4: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
A. The design and improvements of the Map are consistent with all elements of the
Poway General Plan, as well as City Ordinances, because all necessary services
and facilities will be available to serve the project. The construction of public
improvements is needed as a result of the proposed development to protect the
public health, safety and welfare as identified below:
Resolution No. P-14-07
Page 4
1. Onsite and offsite drainage improvements will be provided for the increase
in surface water runoff.
2. New fire hydrants will be required to serve the new development and
provide fire protection.
3. Water and sewer fees shall be paid, and onsite and offsite improvements
made to provide water and sewer service to the development.
4. Access to the site will be provided in accordance with City standards and
to ensure adequate emergency access.
5. A public recreational trail will be provided through the project site to
connect the existing public trail on Old Coach Road to the west of the site
with existing trails to the south of the site in the Blue Sky Ecological
Reserve, thereby providing a community wide recreational amenity.
Section 5: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Section 6: The City Council hereby revokes conditions of approval A-N contained in
Section 12 of Resolution P-03-75, and approves the revisions to the project proposed
in Specific Plan 13-004 and Tentative Tract Map 12-001, subject to the following
Conditions of Approval:
A. This approval is not inclusive of the design of the proposed single-family homes.
Separate approval of the home design and footprints shall be applied for through
the Development Review (DR)/Minor Development Review Application (MDRA)
process prior to issuance of Building Permits.
B. Approval of this request shall not waive compliance with any sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
building permit issuance.
C. This approval is based on the existing site conditions represented on the
approved Tentative Tract Map. If actual conditions vary from representations,
the approved Map must be changed to reflect the actual conditions. Any
substantial changes to the approved Tentative Tract Map, prior to Final Map
approval, must be approved by the Director of Development Services and may
require approval of the City Council.
D. Implementation of the project as specified on the Map and Specific Plan, except
as may be modified by these conditions of approval, shall fully comply with the
Project's certified Final EIR (State Clearing House Number 2001121009) and its
adopted Mitigation Monitoring and Reporting Program on file with the City, which
is also included as Exhibit B to Resolution P-03-75.
Resolution No. P-14-07
Page 5
E. Adequate landscaping, or other erosion control measure, shall be provided to the
satisfaction of the City in areas of the agricultural grove where trees have been
removed from the farming operation. Dead or dying trees shall be removed if
deemed a fire hazard and necessary by the Fire Marshal.
F. Within 30 days of the date of this approval the applicant shall submit in writing
that all conditions of approval have been read and understood
G. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant. At the conclusion of
any litigation, if the court awards attorney's fees or any other monetary award to
the City and/or applicant, those monetary awards shall first be used to reimburse
the City for outstanding charges and expenses not already reimbursed by the
applicant, if any; thereafter the balance shall become the sole and exclusive
property of the applicant.
H. The proposed boundary adjustment shown on the Tentative Tract Map is not
approved as a part of this entitlement. Prior to Final Map approval or Grading
Permit issuance, whichever occurs first, the applicant shall submit documentation
that the U.S. Bureau of Land Management (BLM) supports approval of a
boundary adjustment, prior to the City processing a separate Boundary
Adjustment application, which will be submitted and paid for by the applicant. If
the BLM does not support the boundary adjustment, it shall be removed from the
Final Map. If the BLM does not support the boundary adjustment, any
encroachment of agricultural operations off the HVR site shall be removed before
Final Map approval or Grading Permit issuance, whichever occurs first. The area
shall then be restored to natural habitat. If the BLM does not support the
boundary adjustment, prior to Final Map approval or Grading Permit issuance
whichever occurs first, the applicant shall submit and receive approval of a
habitat restoration plan. The habitat restoration plan shall identify interim erosion
control measures necessary because of the encroachment removal, the timing of
habitat restoration activities, and an appropriate restoration monitoring term. The
habitat restoration plan shall be reviewed by the City's Consulting Landscape
Architect. Review fees are the responsibility of the applicant.
Resolution No. P-14-07
Page 6
Pad elevations shown on the grading plan shall not change by more than two
feet from the elevations shown on the approved Tentative Tract Map, unless
otherwise approved by the City Council.
J. Prior to approval of the Final Map, unless other timing is indicated, the applicant
shall complete the following or have plans submitted and approved, agreements
executed and securities posted:
1. The approval of TTM 00-02 established a Letter of Availability (LOA 291)
to reserve sewerage availability for 41 Equivalent Dwelling Units (EDU's).
A reservation fee in the amount of $27,519.20 was paid by the applicant
and represents 20% of the sewerage connection fee in effect at the time
the LOA was issued. LOA 291 will be reissued with the approval of this
TTM and will be credited with the 20% payment.
Thirty percent (30%) of the sewer connection fees, in the amount of
$41,278.80 shall be paid within 30 days from Final Map recordation.
Each residential lot shall pay its portion of the sewer connection fee in the
amount of $1,678 prior to Building Permit issuance. The total balance of
the sewer connection fee, $68,798.00, representing fifty percent (50%)
payment, less previously paid lot portions, shall be paid no later than 36
months from recordation of the Final Map, unless otherwise granted a time
extension to complete the project. Reference is hereby made to City
Ordinance No. 83, codified as Chapter 13.08 PMC as to time extensions
and for other particulars.
2. The Final Map and all applicable plan review fees shall be submitted to
the City for review. The final map shall conform to City standards and
procedures, City subdivision ordinance, Subdivision Map Act, Land
Surveyors Act, Resolutions as approved by the City Council, and shall be
in substantial conformance with the approved tentative map. The
applicant/developer shall cause the dedication of the following easements
to the City and/or on behalf of the public, unless otherwise indicated:
a. An easement, a minimum of 20.00 feet wide, for each new public
water line or new public sewer line located outside a publicly
dedicated street right-of-way, shall be dedicated to the City. If
water and sewer lines are installed parallel with each other, the
combined width may be reduced to 30.00 feet.
b. Open Space Easements over Lot C. The Open Space Easement
referred herein are for general open space use and shall be
granted to the City of Poway and to the Wildlife Agencies. Lot B
and Lot C shall be designated in the Final Map as "Open Space Lot
B" and "Open Space Lot C", respectively. (For reference, see
certified project EIR on file with the City).
c. Public street rights-of-way. Applicant/developer shall obtain
approval of street names from the Development Services
Department Planning Division prior to Final Map approval. Public
Resolution No. P-14-07
Page 7
street rights-of-way shall be extended to areas needed for street
lights and fire hydrant installation, the dimensions of which shall
be determined by the City on a case by case basis at time of Final
Map review.
d. Access and general utility easements. These easements are
needed where there is a public utility. Access easements shall
include maintenance of utilities and access roads. Dedication of
these easements to the City shall include the right to assign those
easements, in whole or in part, including the right to assign to
telecommunications companies or public utility companies for the
provision or expansion of such services.
e. Recreational trail easement(s), the width and location of which
shall be approved by the Public Works Department and/or the
Development Services Department. The easement(s) shall be
consistent with the trail alignment shown on the TTM. This
easement(s) shall be dedicated to the City of Poway for public use.
The applicant may propose an alternative alignment for the trail
easement after recordation of the Final Map. Any alternative
alignment is subject to City approval, and depending on the extent
of variation in the alignment shown on the Tentative Tract Map and
Final Map, an alternative may involve an amendment of the project
approval, payment of processing fees, additional environmental
review, and City Council action. Should the applicant propose an
alignment that would require the acquisition of an easement on
property other than the project site, the applicant shall be
responsible for securing such easement(s). Documentation of
offsite easement acquisition shall be required with submittal of the
proposal to the City. The applicant may satisfy this requirement
with an alternative written instrument conveying the required
recreational trail or trails to the City, in a form and manner approved
by the City Attorney.
f. Drainage easements, if any. The easement, a minimum of 20.00
feet wide, is required for all drainage facilities to be maintained by
the City. The City shall make a determination, during improvement
plan and/or Final Map review, as to which drainage facilities are to
be City-maintained.
g. Flowage easements, if any. If there is an alteration of the
streambed that would cause the 100-year floodway inundation to
extend beyond existing flowage easements, appropriate easements
shall be dedicated to the corresponding agency, if other than the
City of Poway, prior to Final Map approval. If flowage easement is
to be maintained by the City of Poway, it shall be dedicated through
the Final Map.
3. All easements and/or rights-of-way to be dedicated on behalf of the public
and/or to the City of Poway, unless otherwise indicated, shall be made
through the Final Map.
Resolution No. P-14-07
Page 8
4. A note shall be added to the Final Map stating that each lot is responsible
to meet storm water treatment and hydromodification management
requirements for improvements on the lot. Also, note on the Final Map
that any excess capacity provided in the treatment/hydromodification
management facilities built to serve the overall subdivision will be shared
equally among all parcels within the subdivision.
5. Fire Fuel Management Zones shall be shown on a non-title sheet of the
Final Map, with a note discussing the requirements and responsibility of
property owners for the maintenance of these areas.
6. Final Map shall show all Biological and Open Space Easement areas.
7. Should there be a need to extend public water and sewer lines for the use
of any parcel in the subdivision through offsite properties, appropriate
easements shall be dedicated to the City prior to Final Map approval.
8. Recordation of a Private Road Construction and Maintenance Agreement
shall be required for the private road providing access to Lots 27, 28, 29,
and 32. Additionally, these lots are required to join any existing Private
Road Maintenance Agreement for existing Las Luces Del Cielo or not
oppose the inclusion of those lots in any future Private Road Maintenance
Agreement for this road, by covenant to be reviewed and approved by the
City Attorney before the recordation of the Final Map. Any future Private
Road Maintenance Agreement shall be reviewed and approved as to form
and content by the City Attorney prior to recordation.
9. Covenants, Conditions, and Restrictions (CC&Rs), or an alternative
instrument approved by the City, shall be established to address
construction and maintenance of the private roads, slopes, drainage,
accesses in the subdivision, and landscaping improvements in the public
rights-of-way within the project site. Said CC&Rs or other instrument shall
be reviewed and approved by the City prior to Final Map recordation.
However, it shall be permissible to exclude Lots 27, 28, 29, 32, and 41
from any proposed Homeowners Association and/or CC&Rs at the
applicant's discretion.
10. Provide to the City of a copy of recorded private road or access
easements (offsite), which provide access from the subdivision to public
right-of-way, the width of which shall be to the satisfaction of the City.
11. Cause the dedication of a general utility easement to the City for public
water and sewer lines outside the limits of the subdivision, if needed, to
serve the southerly parcels with offsite access to and from Old Coach
Road. The width of the easement shall be a minimum of 20.00 feet for
each utility line. If water and sewer lines are installed parallel to each
other, the combined easement width may be reduced to 30.00 feet.
Resolution No. P-14-07
Page 9
12. Deposit a cash security equal to $100.00 per sheet of the Final Map for
reproduction of a photomylar copy of the recorded Final Map. If
applicant/developer provides the reproduction to the City, either through
its engineer or its title company or any designee, within three months
from Final Map recordation, the security shall then be returned. (See
PMC 16.12.060 B for subdivider's responsibility to provide a reproducible
mylar copy to the City.)
13. If the project is developed in phases, the public improvements associated
with the second and subsequent phases may be secured with a lien and
agreement not to convey recorded on the lots within the corresponding
phase, in form and content approved by the City Attorney. The foregoing
notwithstanding, the applicant shall be entitled to convey lots to a "related
party" for estate planning purposes provided, however, that the applicant
shall at all times maintain a controlling interest in any such related party.
For the purposes of this agreement, "related party" shall be defined as a
corporation, limited liability company, partnership, limited partnership,
living trust, or other similar organization. The term "controlling interest"
means that the applicant owns at least fifty-one percent (51%) of the stock
(if a corporation); is the sole managing member (if a limited liability
company); owns at least fifty-one percent (51%) of any partnership; is the
general partner (if a limited partnership); is the settlor, sole trustee, and at
least one beneficiary (if a living trust); in any event, where the applicant
controls the management of any such vehicle for ownership of the lot or
lots being conveyed. The lien created by this agreement, and the
covenants and agreements set forth herein, shall be null and void, and of
no further effect, if the applicant replaces this agreement with such form of
security that meets the requirements of the Poway Municipal Code and is
in a form satisfactory to the City, in its sole discretion.
14. Public Improvement plans for all project phases shall be submitted per
PMC requirements to the Department of Development Services,
Engineering Division. Improvement design should be 100% complete at
time of submittal and should include the following Public Improvements:
a. Public streets constructed to local dedicated rural street standards.
b. Public street lights placed to the satisfaction of the City Engineer.
c. A public sanitary sewer system that provides adequate capacity for
all proposed lots.
d. A looped public water system and related appurtenances (including
fire hydrants, service laterals, air releases, etc.) necessary for
connecting Lots 1-40 to the public water main located in Old Coach
Road and Las Luces Del Cielo.
e. A recreation trail traversing the property from west to east near the
southern boundary of the subdivision.
f. The improvement plans shall include all necessary construction
needed to install the improvements, including earthwork, drainage
and water quality facilities.
Resolution No. P-14-07
Page 10
If the public improvements are installed in phases, each phase of
public improvements shall not be reliant on completion of
subsequent phases for proper function. The looped water system
shall be installed with the first phase of public improvements.
15. The Public Improvement plan shall be approved. The applicant shall enter
into a Standard Agreement for the construction of public improvements
and monumentation for the work to be done as part of the Public
Improvement plan. The applicant shall post securities for monumentation
and public improvements.
16. Prior to Final Map approval or Grading Permit issuance, whichever occurs
first, detailed landscape and irrigation plans shall be submitted and
approved. Plans shall show at a minimum:
a. Fire fuel management for lots and project roads;
b. Street trees and other landscaping in the right-of-way; and
c. Slope landscaping.
The landscape and irrigation plans shall demonstrate compliance with the
City of Poway Landscape and Irrigation Design Manual, Chapters 17.07
and 17.41 PMC, and all other applicable standards in effect at the time of
landscape and irrigation plan check submittal. The landscape and
irrigation plan submittal is a separate submittal from other project plan
check submittals, and is made directly to the Planning Division. Contact
the Planning Division for copies of applicable City standards, the
landscape and irrigation plan submittal checklist, and the plan review fee
worksheet. Landscape and irrigation plan review fees are required and
are the responsibility of the applicant.
17. Pursuant to PMC 17.08.170(5)(d), none of the lots, including the open
space lots, can be further divided. This shall be noted on the Final Map.
Before the City's recordation of the Final Map, a covenant stipulating this
restriction shall be recorded on Lot 41. If in the future the General Plan
land use designation and zoning designation on Lot 41 is changed and
would allow additional dwelling units or other uses, the City shall expunge
the covenant.
18. Should the applicant opt to include additional internal landscaping to the
landscape and lighting district, the project shall be subzoned (LMD 86-1 D)
and the additional costs, plus cost of living index based on SD-GPI, to
cover these maintenance costs shall be paid by the applicant.
K. Prior to issuance of a Grading Permit, unless other timing is specified:
1. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on
Resolution No. P-14-07
Page 11
the grading and improvement plans and be appropriately sized for the
proposed level of development.
2. Submit a precise grading plan for the development prepared on a City of
Poway standard sheet at a scale of 1" = 20', unless otherwise approved by
the City project engineer. Submittal shall be made to the Department of
Development Services Engineering Division for review and approval. The
grading design shall be 100% complete at the time of submittal, ready for
approval and issuance of permit. Incomplete submittals will not be
accepted. All technical studies as required by Title 16, Division III of the
PMC shall be submitted.
3. Grading of the project shall be in substantial conformance with the
approved Tentative Tract Map and in accordance with the California
Building Code, City Grading Ordinance, City Stormwater Management and
Discharge Control Ordinance, SUSMP and the EIR.
4. All permits from applicable resource agencies (RWQCB, FEMA, DFW,
etc.) shall be obtained for proposed work in the existing natural channel.
5. Water Quality Control — Drainage and Flood Damage Prevention
A drainage study addressing the impacts of the 100-year storm event,
prepared by a registered Civil Engineer, is to be submitted and approved.
The study shall evaluate existing and proposed hydrologic and hydraulic
conditions to the satisfaction of the City project engineer.
6. Water Quality Control — Design and Construction
The project shall comply with the City's Jurisdictional Urban Runoff
Management Program (JURMP). The project is considered a Priority
Project and will be subject to the Standard Urban Stormwater
Management Plan as outlined in the PMC. A Water Quality Technical
Report (WQTR), prepared by a registered Civil Engineer, is to be
submitted and approved.
a. Provide two copies of an Operation & Maintenance (O&M) plan in
accordance with Chapter 16.104 PMC.
b. Property owner shall execute an approved Storm Water
Management Facilities Maintenance Agreement accepting
responsibility for all structural BMP maintenance, repair and
replacement as outlined in the Operations and Maintenance
plan. The operation and maintenance requirements shall be
binding on the land throughout the life of the project as outlined
in Chapter 16.104 PMC.
7. Water Quality Control — Construction Storm Water Management
Compliance
"Proof of Coverage" under the General Permit for Discharges of Storm
Water Associated with Construction Activity (Construction General Permit,
Resolution No. P-14-07
Page 12
2009-0009-DWQ, as amended by order 2010-0014) shall be provided to
the City, along with a copy of the Storm Water Pollution Prevention Plan
(SWPPP).
8. Grading securities shall be posted with the City prior to grading plan
approval per PMC 16.46.080. A minimum cash security of $2,000 is
required in all instances.
9. Following approval of the grading plans, posting of securities and fees,
and submittal of three copies of the approved plans to the City, the
applicant shall attend a pre-construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer. The
applicant's action plan that identifies measures to be implemented during
construction to address erosion, sediment and pollution control will be
discussed. Compliance for sediment control shall be provided as directed
by the project inspector.
10. Prior to start of any work within a City-held easement or right-of-way, a
Right-of-Way Permit shall be obtained from the Engineering Division.
All appropriate fees shall be paid prior to permit issuance. Any offsite
easements required to serve the subdivision, including, but not limited
to, utility services and access shall be recorded.
11. Construction staking is to be inspected by the Engineering Inspector prior
to any clearing, grubbing or grading. As a minimum, all protected areas
as shown on the approved grading plans are to be staked under the
direction of a licensed land surveyor or licensed civil engineer authorized
to practice surveying and delineated with lathe and ribbon. As applicable,
provide two copies of a written certification, signed and sealed in
accordance with the Business and Professions Code, by the engineer of
record stating that all protected areas have been staked in accordance
with the approved plans.
12. Public Improvement plans shall be submitted to the Engineering Division.
Improvement design should be 100% complete at time of submittal and
should include the Public Improvements previously described in this
report.
L. Prior to Building Permit issuance, unless other timing is indicated, the following
conditions shall be satisfied. These conditions may be modified or added onto
conditions that may be imposed for the approval of DR or MDRA.
1. Prior to the issuance of the first Building Permit in Phases 2 or 3
(whichever occurs first) as shown on the phasing plans on file with the
City, the full extent of project trail improvements shall be completed to the
satisfaction of the City. The issuance of any permit on Lot 41 is not
subject to this requirement.
Resolution No. P-14-07
Page 13
2. The developer is advised that, pursuant to PMC 17.26.100, single-family
residential development shall provide that fifteen percent of the units
created shall be affordable to low-income households. The developer of
for-sale housing may, in lieu of providing required inclusionary housing
onsite or offsite, pay a fee to the City in accordance with the provisions of
the referenced section.
3. An MDRA approval for a single custom home, or a DR approval for tract
homes shall be completed/obtained for home construction, including, but
not limited to, site plans, building elevations, incorporating all conditions of
approval, through the Planning Division and consistent with the approved
Specific Plan.
4. The site shall be developed in accordance with the approved grading
plans on file in the Development Services Department and the conditions
contained herein. Grading of lots shall be in accordance with the
California Building Code, the City Grading Ordinance, the approved
grading plan, the approved soils report, and grading practices acceptable
to the City.
5. Erosion control shall be installed and maintained by the developer
annually, from October 1 to April 30. The developer shall maintain all
erosion control devices throughout their intended life.
6. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector
and the project's geotechnical engineer. Following completion of rough
grading, please submit the following:
a) Three copies of certification of line and grade for the lot, prepared
by the engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by
the City.
7. Prior to start of any work within a City-held easement or right-of-way, a
Right-of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid
prior to permit issuance.
8. Water Quality Control — Design and Construction
The development of each lot shall comply with the City's Jurisdictional
Urban Runoff Management Program (JURMP). The project is considered
a Priority Project and each lot will be subject to the Standard Urban
Stormwater Management Plan as outlined in the Poway Municipal Code.
A Water Quality Technical Report (WQTR) prepared by a registered Civil
Engineer is to be submitted and approved.
Resolution No. P-14-07
Page 14
a. Provide two copies of an Operation & Maintenance (O&M) plan in
accordance with Chapter 16.104 PMC.
b. Property owner shall execute an approved Storm Water
Management Facilities Maintenance Agreement accepting
responsibility for all structural BMP maintenance, repair and
replacement as outlined in the Operations and Maintenance
plan. The operation and maintenance requirements shall be
binding on the land throughout the life of the project as outlined in
Chapter 16.104 PMC.
9. The applicant shall pay all applicable development impact fees in effect at
time of Building Permit issuance. The following is a current list of the
anticipated fees due for each lot:
a. Indirect Benefit $500
b. Water* (1" Meter) $5,448
c. Traffic** $2,333 - $2,349
d. Park $4,562
e. Fire Apparatus $122.03
f. Sewer*** $1,678
*There is also a required fee to the San Diego County Water Authority in
the amount of$7,490 for a 1" meter.
**The traffic fee is based on the underlying zoning of the specific lot. The
larger fee is applicable for the lots zoned RR-C.
***The fee represents a one lot share (remaining 50%) of the sewer
connection reserved with the Letter of Availability (LOA 291). The sewer
connection fee shall be paid prior to building permit issuance.
10. If the project is developed in phases with the public improvements
associated with the second and subsequent phases secured with a lien
and agreement not to convey recorded on the lots within each phase, for
the second and subsequent phases a written request to release the lien
and agreement not to convey must be submitted and the release granted
by the City for each lot prior to issuance of a building permit. The release
of the lien and agreement will be granted after the public improvements for
the prior phase are completed and accepted by the City Council. The
foregoing notwithstanding, the applicant shall be entitled to convey lots to
a "related party" for estate planning purposes provided, however, that the
applicant shall at all times maintain a controlling interest in any such
related party. For the purposes of this agreement, "related party," shall be
defined as a corporation, limited liability company, partnership, limited
partnership, living trust, or other similar organization. The term,
"controlling interest," means that the applicant owns at least fifty-one
percent (51%) of the stock (if a corporation); is the sole managing member
(if a limited liability company); owns at least fifty-one percent (51%) of any
partnership; is the general partner (if a limited partnership); is the settlor,
sole trustee, and at least one beneficiary (if a living trust); in any event,
where the applicant controls the management of any such vehicle for
Resolution No. P-14-07
Page 15
ownership of the lot or lots being conveyed. The lien created by this
agreement, and the covenants and agreements set forth herein, shall be
null and void, and of no further effect, if the applicant replaces this
agreement with such form of security that meets the requirements of the
Poway Municipal Code and is in a form satisfactory to the City, in its sole
discretion.
M. Prior to issuance of a Certificate of Occupancy:
1. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
2. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility
services shall be placed underground.
3. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
4. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to the streets and improvements caused by construction
activity from this project.
5. Record drawings, signed by the engineer of work, shall be submitted
to Development Services prior to a request of occupancy, per
Section 16.52.130B of the Grading Ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
At least three weeks prior to a request for occupancy is recommended.
N. The following shall be completed to the satisfaction of the Director of Safety
Services:
1. This project is located within the Very High Fire Hazard Area of the City
and is new construction; therefore, California Building Code Chapter 7A
and Chapter 15.05 PMC will apply.
2. Roadway access, water supply system, and vegetation fuel modification of
common roadway access areas shall be completed in each phase before
a Building Permit is issued for any parcel within the phase.
3. An approved water supply capable of supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities,
buildings, or portions of buildings will be constructed. A water analysis
shall be performed to establish the adequacy of the existing water main
and all necessary system design to serve the project. The main capacity
Resolution No. P-14-07
Page 16
for the project shall not be less than eight inches in diameter and capable
of supplying the required fire flow with a maximum flow velocity of 15-feet
per second. Costs of the water analysis shall be the responsibility of the
applicant.
4. Fire hydrants shall be located within 500 feet of each structure, with
spacing between hydrants not to exceed 500 feet, as measured by an
approved route of travel that a fire engine would travel. Fire hydrant flow
shall exceed a minimum of 1,500 GPM, with a residual flow pressure of
20psi. The water flow velocity is not to exceed 15-feet per second and be
capable of providing uninterruptible flow capacity.
5. Fire apparatus access roads shall have an unobstructed, improved width
of not less than 20 feet, except single-family residential driveways serving
no more than two improved parcels containing dwelling units shall have a
minimum of 16 feet of unobstructed, improved width. Access roadways
shall have an all-weather driving surface, a roadway interior turning radius
of not less than 28 feet, an outside turning radius of not less than 45 feet,
and be capable of supporting the imposed loads of fire apparatus with a
minimum of 13-feet, 6-inches of vertical clearance. Cul-de-sac
turnarounds shall be a minimum of 76 feet in diameter. The Fire Chief,
pursuant to the PMC, shall approve the road surface type. Access road
grades cannot exceed 20%. The angle of departure and the angle of
approach of a fire access roadway shall not exceed seven degrees (12%).
Dead-end access roadways in excess of 150-feet long shall be provided
with approved provisions for turning around of Fire Department apparatus.
6. The project shall comply with Section Six of the City of Poway Landscape
and Irrigation Design Manual and Chapter 15.05 PMC as it relates to fuel
management and defensible space. A minimum of 10 feet of vegetation
fuel modification shall be maintained on both sides of all streets,
driveways, and the emergency access road.
7. Each lot of the subdivision will be required to have a minimum one-inch
service lateral from the service main to the water meter.
Section 7: The approval of Tentative Tract Map 12-001 expires on August 19, 2016,
at 5:00 p.m. The Final Map conforming to this conditionally approved Tentative Tract
Map shall be filed with the City so that the City may approve the Final Map before this
approval expires, unless at least 90 days prior to the expiration of the Tentative Tract
Map a request for a time extension is submitted to the Development Services
Department and a time extension is subsequently granted by the City Council.
Section 8: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on August 19, 2016.
Resolution No. P-14-07
Page 17
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 19th day of August 2014.
Don Higginson, Mayor
ATTEST:
o a� {Ca x C,L
Sheila:
Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P-14-07 was duly adopted by
the City Council at a meeting of said City Council held on the 19th day of August 2014
and that it was so adopted by the following vote:
AYES: VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: CUNNINGHAM
DISQUALIFIED: NONE
)44L-tS).
Sheila Cobian, CMC, City Clerk
City of Poway