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Res P-90-91RESOLUTION NO. p- ~-91 A OF THE CITY COUNCIL OF THE CITY OF POWAY, CA APPROVING TRACT MAP 89-13R AND CO DITIONAL USE PERMIT 90-13 PARCEL UMBER 27. 19; 27~ 27' 0 , 22,23; 277-070-24, 27 - 31; 277-071-01, 02, 0 , 09; 277-140-01, 06, 23, 24, 26 11; Revised Tentative Tract Map 89-13R, hereinafter "Map" submitted by hal Development, Inc., Bruce Tabb, applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described as the portion of Section 18, 19, and 30, Township 13 North, Range One West, San Base and a portion of Section 24 and 25, Township 1 South, Range 2 West, San Bernardino Base Meridian into 156 resi ential lots, one golf course lot, and six open space lots, and Use Permit 90- 13 for development of a 27 hole golf course with associated clubhouse facilities; and the Director of Planning has approval of the map subject to all conditions set forth in the Planning Services Department report; and the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, follows: the City Council does hereby resolve as Section 1: : The City Council finds that the proposed revised tentative map and conditional use permit are compon nt of the Old Coach Golf Estates project for which a ~a hal Impact Report (SCH ) was cert ~e by the City Council on May 15, 1990. The na hal Impact Report has been considered and oun to contain an adequate t of the impacts o the revised te tative tract map and conditional use permit. The revise map and conditional use permit have been conditione to implement all applicable mitigation i entified in the Final EIR. City Staff analyzed the hanges that have in the old Coach Developmen project ("Project") since certification of the O1 Coach EIR ("EIR) by comparing and contrastin Revise Tentative Tract Map 89-13-R ("RTTM 89-13-R" with Tentative Tract Map 89-13 ("TTM 89- 13"), which wa analyzed in the EIR and Mr. Vincent Scheidt, the Ci y's biological consultant compared the Resolution No. p-90-91 Page 2 detailed plans for the 01d Coach Golf Course ("Golf Course") contained in the application for a conditional use permit ("CUP") with the Golf Course c0nceDtual worst case analysis in the EIR. In a letter dated October 16 1990, Mr. Scheidt informed the City that he had reviewed RTTM 89-13-R and the CUP and concluded that RTTM 89-13-R and the CUP were in substantial complian e with the EIR. In reaching this conclusion, Mr. Sche dt noted the fol owing changes or comments to the Pro ect and some ad itional y to assur that the Pro ect remains in substantial conformance with the impa, s and mitigation analyzed in the EIR: The biological buffer to the riparian habit t should be more precisely defined. The City fin s that Condition eleven on page 7 requires t e Developer to ensure the p of adequa e buffers as required by the EIR. The protection of Palmer's can be ssured through by areas preserved as open space i he project and by revegetation in conjunction wit he ll-acre revegetation plan presently require or Coastal Sage Scrub. The City finds tha conditions of previously adopted Resolution P-90-34 require such protective as identified in the EIR. The EIR requires protection of a minimum of approximately 250 acres of Coastal Sage Scrub to consist of a combination of on-site reveg RTTM 89-13-R results in preservation of approximately 201 acres of Coastal Sage Scrub on- site. This is 14 acres less than the 215 acres of on-site preservation originally anticipated. When initially consulted, Mr. Scheidt concluded that this six percent deviation was in substantial conformance with the EIR in light of the 46 acres of revegetation indicated in the CUP. These would be in conjunction with 25 acres of off-site mitigation as identified in the EIR. Because of comments by City Staff concerning Coastal Sage Scrub revegetation, Mr. Scheidt was reque ted to provide additional information as to al ernative ways that the Project could comply with t e mitigation requirements of the EIR. Mr. Sche dt informed the City in the attached letter dated November 16, 1990, that 2:1 Resolution No. P-90-91 Page 3 mitigation off-site would be an acceptable alternative to the 46-acre revegetation plan. The City concurs lth Mr. S heidt's conclusions and has required comp iance wi h Condition 5 on Page 6 to implement th s posit on in order to assure compliance wi h the mi igation identified in the EIR. Mr. Scheidt is of the opinion that so long as the above are addressed, RTTM 89-13-R and the CUP are in conformance with the approved map and in substantial compliance with the Certified Final EIR. The City has evaluated Mr. Scheidt's agrees with his ~ and has concluded that the conditions referenced above assure implementation of the mitigation identified in the EIR. City Staff has further analyzed RTTM 89-13-R and the CUP and concluded that there are no changes in the Project that may have a significant effect on the t which would require additional ~al review. The Following illustrates some of the changes in the Project that were specifically reviewed by City Staff: The Project will have the option to create a number of 1 1/2:2 cut slopes. The possibility of such slopes is discussed in the EIR. Additional conditions have been placed on the Project in order to ensure that the EIR mitigation for such slopes are implemented; The changes to the Coastal Sage Scrub restoration plan discussed above. c. The Realignment and width change in Old Coach Road: (1) The southern end of Old Coach Road ill be moved to the east to make a our-way signalized intersection with Espola - order to improve traffic flow. This rea gnment will not have any adverse impact on raffic. The City has also reviewed and compared the areas disturbed by the~original road alignment and by the new road and that the new road alignm~nt does not resul in a net loss of sensitive biological hab tat were compared to the impact of the orig hal road alignment. Resolution No. P-90-91 Page 4 (2) The width of improvements for a portion of 01d Coach Road will be reduced. This reduction was implemented in order to lessen impacts on riparian and oak woodland habitat along Sycamore Creek. The City has determined that this change will not have any adverse impa ts on traffic or safety. The City has a so reviewed the change and determined that suc a reduction will lessen impacts to sensit e biological habitats. Private road alignments: (1) A private road in the vicinity of the fi e state. That road services lots 6-13. T e City has determined that this change cou d have adverse environmental impacts. The Ci y and the Developer have agreed to exclude th s change from the approval of RTTM 89-13-R. T e referenced private road alignment will be as shown on TTM 89-13. (2) A private road parallel to Tam O'Shanter Drive will be realigned. The City has this real gnment and determined that it will not resu t in additional adverse impacts t other resi ences, will not alter the traffic low or safe y of the road and will not resul in a net oss of sensitive biological habita . (3) The access road to lots 95-109 will be realigned to curve from west to e st, as o posed to the previous alignment curv ng from e st to west. This change reduces gra in and t e potential for fill slopes, does no c ange t e traffic or safety features of the roa and w 11 not result in a net loss of sens tire b ological habitat. T e 19th fairway an 20th tee of the Golf Course w 11 be shifted to he west to lessen impacts to t e sensitive habita contained in Sycamore Cre k. T is requires the re ocation of lots 73-78 and 4. T e City has r viewed these changes and as concluded that th s relocation results in benef ts to riparian hab tat along Sycamore Creek and reduces grading o the northern portion of the Project. The add tional impacts of the increas d grading and visual impacts created by t e are not si~ impacts, will e mitigated by the mitigation identified n Resolution No. P- ~-91 Page 5 the EIR and are outweighed by the environmental benefits attained by such relocation. Some ad el of lots will be altered as a resul of the new street realignments. The higher eleva ions of some of the lots is offset by addit onal open space between the existing bom s and t e future ilding sites. In no case is t e open sp ce buf er any less than 50 feet. Th s chang oes no result in any net increase n impac s o sensi ive biological habitats, or have a poten ia to significantly the visual impac s of the Project. Some lots will be located on slopes in excess of 25%. In order o implement the mitigation identified in he EIR for lots located on such sl pes, City S aff has ~ed 13 un er Planning e vices w ich gives the Develop r o ios for mitiga ing suc potential impacts. T e C y as conclude that t is condition implemen s t e m tigation of hese steep slopes as required y t eER. The EIR's worst case analysis of the Golf Course identified 133 acres within the Golf Course envelope as natural native vegetati n. his is implemented in the Golf Course as iden ifi in th CUP through app ~y 107 acres o un sturbe natural 'egetation with approximately 6 a itiona acres o revegetat d open space. Gra ng an evegeta ion will e monitored by a qualifie iologis As suc , the City finds that the mpacts and result ng open space will be as dentified in the EI The City recognized that the Developer is agreeing in the Development Agreement to size certain improvements, including, but not limited to, sewer and water, to serve specified adjacent properties. Th City has determined that such improvem nfs will n induce growth in these areas wh ch have a ernative means of obtaining such serv ces, but w 1 simply assist the City's planning e forts by a owing for the proper structure and location of such improvements and preventing the need for subsequent destruction of property and sensitive habitat by expanding the size of such improvements at a later date. Resolution No. P- 90-91 Page 6 The City recognizes that the subsequent use of reclaimed water and construction of recla atio facilities may result from the implementat on o this Project. Because the li y o reclaimed water, and the location of rec aime water facilities, and thus the loca ion o Developers reclaimed water lines an other impr vements, are uncertain, review of t ese improvements is too s eculative o occur at t is time. As a result, t e determination of whet er there is a need for env ronmental analysis, and any y environmen al analysis, will occur when some of the above uncertainties have been resolved and a meaningful tal d tion is possible. The City has thoroughly reviewed RTTM 89-13-R and the CUP and examined all changes to the Project including, but not limited to, those changes referenced above. The City hereby finds that RTTM 89-13-R does not represent a substantial change in the project which will require major revisions of the EIR due to the involvement of new significant kal impacts not covered in the EIR. The City hereby finds that the EIR analyzed the wort c se scenario for environmental impacts associated wi h t e Golf Course and that the Gol Course p esented in t e C'P lly to t e analys s n t e EIR and does not inclu e any c anges in t e anticipated design of the Gol Course t at will cause significant 1 impacts not analyzed in the EIR. The Cit- i familiar with the area in which the Project is cont mp ated and hereby finds that there has been no substa ia change with respect to the circumstances under ic the project is being undertaken which will require ma or in the EIR. Section 2: Findinc : Tentative Tract The proposed project will be t with the existin general plan and there is a reasonable robability tha the project will be consistent with the roposed genera plan because that document is being pr pared with ful knowledge of Specific Plan 89-01 wh ch was written specifically for this project. The uses set forth in Resolution No. P-90-91 Page 7 4 o Specific Plan 89-01 will be designated as appropriate uses for this site. The t tract map is c nsistent with all applicable general and specific plans; n that the proposed land use will be a development cons sting of a golf course and single-family residences on ors one acre or more in size and Polic' 18.a in the Land Use Element of the General Plan stat s that the Old Coach Area should be oriented to rural res dential land uses or a resort or recreational facility hat would include a variety of residential nd recreational uses such as golf courses and e estr an centers. The project is in compliance with th adop ed Old Coach Golf Estates Planned Community Spec ic P an 89-01 which was prepared specifically ur this development. The design or improvements of the tentative tract map is consistent with all plicable general and specific plans; in that the num er and configuration of the 157 lots meet the property evelopment standards and special requirements and contained within Specific Plan 89-01. The site is for the type of development pro o ed; in that the site is located within an rea of p e ominantly single-family residenti 1 deve opment an hat the map has been designed o subs antially observe the natural of t e land orm and avoid impacts on sensitive riparian habita . The site is physically suitable for the density of the development proposed; because each lot meets or exceeds the minimum acreage re ired by the development provisions and conditions f approval of Specific Plan 89-01 and overall density s consistent with the slope criteria contained in the eneral Plan. The design of the subdivision is not likely to cause tal damage or avoidable injury to humans and wildlife or their habitats, because large tracts of undeveloped land rich in nat ral will be preserved on-site and the con itions of approval and mitigation of the pro ect's Final EIR assure that any potential impacts with the proposed d will be mitigated. The entative tract map is not likely to cause serious publ c health problems because City water and sewer serv ce will be provided to all lots within the subd vision. Resolution No. P-90-91 Page 8 The design of the tentative tract map will not conflict with any easement acquired by the public at large, now or record, for access through or use of the property within the proposed subd The effect of subdivision approval on the housing needs of the San Diego region has been considered and balanced against the public service needs of Poway residents and available fiscal and environmental 10. The design of the has p to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Conditional Use Permit 90-13 The location, size, design and operating characteristics of the golf course will be compatible with and will not adversely affect or be materially detrimental to adjacent uses in that: ae Tees and greens are sited so as to the potential for golf balls to be directed toward adjacent single-family homes. The driving range and clubhouse facility are located at the center of the site more than 1,050 feet from the closest existing home in the area and 490 feet away from the closest proposed building pad. The golf course layout is designed to maximize golf course views for adjacent property and such views are commonly believed to enhance property value. The scale, bulk, covera e, and density is consistent with adjacent uses in that t e golf course is a use which will preser'e large areas o open space and the clubhouse facili y is located a the center of the site, well remove from adjacent residences which will eliminate potent al impacts. There are available public facilities, services, nd utilities for the golf course, in that sewer capac ty have been previously for the project and he City's existing water supply from the County Wa er Authority Aqueduct will be adequate for the immediate irrigation needs of the golf course. Conditions of approval require the future use of reclaimed water from the San Pasqual Water Reclamation Facility when a sufficient supply becomes available from that source. No. P- 90-91 Page 9 There will not be a harmful effect upon desirable neighborhood ch ics in that golf course views are commonly believed to enhance property values and the clubhouse and driving range uses are physically separated from existing and future residential (see No. 1 above). The § of traffic will not aversely im a t ~ streets in that stree imp ( ncluding a widening of Old Coach Roa and a ra c s gnal at Old Coach and Espola) identifie by the ra c s udy performed by P&D Technologies Inc., and ur er refined by City engineering staff will be prov ed t with the development of the project. The site is suitable for the type and intensity of the golf course development in that the golf course is primarily a use which serves to preserve open space and the more intense commercial uses of clubhouse and driving range will be located at the center of the property on land with a slope of less than 15 percent which has been previously disturbed. That there will not be significant harmful effects upo kal quality and in that al applicable mitigation identified by the Fina EIR for Old Coach Golf Estates will he implemente through the proposed conditions of approval and on May 15, 1990 the City Council found that these reduced impacts to below a level of significance. That there are no other relevant negative impacts of the proposed use which cannot be mitigated in that the conditions of approval contain mitigation which address all potential adverse impacts. That the impacts as desc ibed above and the location of the proposed use will no adversely affect the City of Poway General Plan for ature or present development because Policy 18.a in he Land Use Element of the General Plan specifically a golf course or recreational/resort facility as a suitable use for the Old Coach special study area. Sectio~ :il The City Council hereby approves revised Tentative Tract Map 89-13R and Conditional Use Permit 90-13 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 on Real Property. Resolution No. p-~-91 Page 10 The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and uses except as amended herein. The p oject shall meet all requirements set forth in Ci · Council Resolutions P90-34, P90-097, which conta conditions of approval for Tentative Tract Map -13 and Specific Plan 89-01, except as amende herein. The project shall implement all o the mitigation and monitoring requ dentified in the Final EIR for Old Coach G if Estates ( ch ) and nothing contained in the ocuments or pans submitted for TTM 89-13R or CUP 9 -13 shall be construed as constituting a waiver of he mitigation required by the Final EIR for Old Coach Golf Estates. SHALL THE OF WITH THE Prior to of grading permits, the applicant shall ubmit a surface and ground water protection program designed o reduce surface runoff and prevent infiltration of ertilizers and pesticides into Lake Hodges and the water able underlying the project site. The applicant shall pay he y plan check fees required for the City to have he program reviewed by a qualified soils/agricultural engineer. Prior to of any buildi ~ or grading permits for the clubhouse, driving range, term court, pool, and related commercial and recreational fac lities, a development review permit shall be approved by Ci y Council. The development review submittal must contain a parking analysis to address the specific commercial and recreational uses proposed. he grading plans shall be revised to eliminate slopes with an nclination of 1 1/2:1 or greater. The Planning and he City Engineer may approve specific 1 1/2:1 slopes if the ollowing conditions are met: The slopes are determined to be y to avoid disturbance of unique geological features (such as significant rock outcrops or steep canyons) or biological (such as mature oak trees or sensitive plant species). Five to six feet high retaining walls may be required for any 1 1/2:1 slopes to provide maximum reduction in the gradient and the area of slope face. Resolution No. P- ~-91 Page 11 A detailed revegetation plan shall be prepared for ny proposed 1 1/2:1 slopes. Special such as he use of fibre matting may be required. The revegetat on plan shall be approved by the Director of Plann ng Services prior to of grading permits. The private road adjacent to Lot 5 shall be realigned to substantially match the alignment originally approved on TTM 89-13. The evised map and conditi nal use permit show that a minimum of 01 acres of undistur ed coastal sage scrub will be retan d on-site. The mit gation contained in the Fina IR for Old Coach Gol Estates required no less than 215 acres o be preserved on-si e, that an additional 11 acres be revege ated in coastal sage scrub and another 24 acres be preserved either on or off-site in order to provide a total of 250 acres. I order to implement the approved mitigation , a ditional coastal sage scrub habitat must be preserved by t is project. The applicant may select one of the following tree options: Revise the grading to preserve an additional 14 acres of coastal sage scrub contiguous to open space currently shown on the map. be Purchase 28 off-site acres of high quality coastal sage scrub in addition to the 24 acres required by the Final EIR. Restore 43 acres of coastal sage on-site. Prior to the City's acceptance of this option, the revegetation site lan and planting plan must be approved by a qualified xpert with a proven record in habitat restoration. A ive year monitoring program and 150 percent bonding of he construction cost will be required. Should the applicant revise grading to preserve additional open space but not enough to total 14 acres, the Planning Director may approve a plan whereby the off-site or revegetation requirements are reduced proportionately. No grading permit for this project shall be granted until a plan for providing the mitigation described in No. 5 above is in place and approved by the Planning Director. An' mature oak ees which will be affected by grading for th s project sh~ 1 be shown on the required Master Plan of ex sting trees an be assessed by the City for transplantation an inclusion in he permanent landscaping for the project. 10. 11. 12. 13. 14. Resolution No. P- 90-91 Page 12 The landscaping plans for the golf course shall include a low flow irrigation system to water trees and shrubs. The shall revise the grading plan to a y retaining walls which exceed six feet in height. A reques for variance or amendment to Specific Plan 89-01 may e submitted for action by City Council where over-height wal s serve to significant natural features or reduce slope height. The rock enclosures within Archaeological Site SDill, S2 shall be in orporated in an open space easement prior to fna map recorda ion. The limits of the easement shall be sub e to approval y the project archaeologist. This easement s a be clearly s own on the grading plans and grading design s a be modified as y to avoid disturbance of h s archaeological The location of required biological open space shall be clearly shown on the grading plans prior to issuance of any grading permits. These easements include the 100 foot buffer from the edge of the riparian forest canopy and the 25 foot buffer from the outer edge of the oak woodland canopy dripline as required by the EIR. The mini park site shall be removed from the map and incorporated into Open Space Lot E. This approval shall become null and void if building permits are not issued for this project in with the time lines set forth on Page 4 of the Development Agreement. Lots whic are located in areas within an underlying slope of 2 percen or greater shall incorporate multiple foundations w th a separation of five feet. The of Panning ma-approve alternative methods which reduce s ope height such a changing the ilding pad elevation or a jacent street gra e, reducing bu lding pad size or use of retaining walls un er six feet n height provided these techniques reduce s ope height to 5 feet or less. SHALL CONTACT THE OF WITH THE Ail adopted conditions of approval of the underlying tract map shall be satisfied except as amended herein. Developer shall modify existi g access to the fire station from Espola Road. Said mo ification shall include the regrading and re-landscaping o the driveway and parking area to eliminate steep grades and a low adequate t 9 areas. Developer shall install a switch in the fire station and additional "Opticom" to control the Espola Road and Old Coach Resolution No. P-90-91 Page 13 Road traffic signal to provide protected left turn access to and from Espola Road for emergency vehicles. shall process a adJ through the Engineering Dep The of Compliance shall be recorded prior to final map approval. Pr or to any rough grade approval, if it is found that the go f course ir igation needs cannot be met by ground water on y, the ap 1 cant shall enter into an agreement with the Ci y of Powa or use of untreated water from the Aqueduct. The City pre en ly has the rights to 2.5 Cubic Feet per Second (CFS) from t e Water Authority. StoneRidge Golf Course has a senior agreement with the City for use of the water. Old Coach Estates shall be entitled to the excess water available up to 2.5 CFS. The developer shall design and construct a water system for the transportation of reclaimed water from the San Pasqual Reclamation Plan to the project. Said construction shall be complete within six months of availability of reclaimed water. The applicant shall enter into a contract with the operators of the San Pasqual Re laimed Water Facility for service of reclaimed water when t becomes available. When reclaimed water becomes availab e, this project will be required to relinquish the use of he aqueduct except in emergencies. Street improvements on Old Coach Road shall be made in accordance with City Ordinance standards for Semi-Rural Streets Local Collector with the exception of pavement idth which shall be 28 feet curb-to-cu b. Sidewalk o one si e of Old Coach Road (public portion s all be require in add tion to concrete curbs and gutters n oth sides (pub ic port on). A 35 mile per hour design spee w 11 be used in he geometric design of the roadway. Pave turnouts will be provided at regular intervals in locations approved by the Director of Engineering and ADOPTED by the City Council of the City of Poway, State of California, this 27th day of November 1990· Don Higgins'on', ATTEST: Marj oriE ~hlsten, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) SS. Resolution No. P-~-91 Page 14 I, MarJorie K. City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No P-~-91 , was duly adopted b~7~thhe_~.. City Council at a meeting o~ said City Council held on the day of November , 1990, and that it was so adopted by the ' ~ vote: AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON NOES: NONE NONE ABSENT: KRUSE REPORT\ ~ahlsten, City Clerk City of Poway