Res P-15-20RESOLUTION NO. P -15 -20
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) 15 -001,
TENTATIVE TRACT MAP (TTM) 15 -001,
AND VARIANCE (VAR) 15 -002
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
Resolution No. P -15 -20
Page 2
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
WHEREAS, on August 19, 2014, additional revisions to the Project that were
proposed by the applicant were considered and approved by the City Council pursuant
to Resolution P- 14 -07; and
WHEREAS, the Applicant is proposing additional revisions to the project under
SPA 15 -001, TTM 15 -001, and VAR 15 -002 involving 1) the addition of a gated project
entry; 2) a variance to construct retaining walls in the area of the gated project entry,
which exceed the six foot height limit up to approximately eleven feet, and 3) re-
designation of all streets within the project from public to private; and
WHEREAS, on July 21, 2015, 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, 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.
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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.
Section 3: The findings in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for TTM 15 -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.
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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:
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 findings in accordance with Chapter 17.50 of the PMC for VAR 15-
002 are made as follows:
A. That there are special circumstances applicable to the property, and because of
this, the strict application of the development regulations deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification in that a BCE, which allows no natural vegetation removal or
grading, exists on both sides of the street and the retaining walls will enable the
construction of the gated entry and its turnaround area without grading into the
BCE; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and zone, and denied to the property for which the Variance is sought in that
retaining walls will enable the construction of a gated entry that is similar to other
projects in the immediate vicinity of the project site; and
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C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity and zone in which the property is located in that
the walls will be designed by an engineer and building permits will be required for
construction: and
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone in that other
properties in a similar situation may also request approval of a Variance and this
Variance involves the unique circumstance of a BCE that exists on both sides of
the street: and
E. The granting of this Variance does not allow a use or activity which is not
otherwise expressly authorized by the zoning development regulation governing
the property in that retaining walls are allowable in this zoning district and the
walls will enable the construction of the gated entry and its turnaround area
without grading into the BCE; and
F. That granting the Variance or its modification will not be incompatible with the
City General Plan in that the design of the walls will enable the planting of
vegetation which will soften the appearance of the walls and minimize any visual
impacts.
Section 6: 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 7: City Council Resolutions P -03 -75 and P -14 -07 remain in full force and
effect.
Section 8: The City Council hereby repeals Resolution P -05 -53 in it's entirety, and
rescinds Conditions of Approval J.2.c, J.8, J.9, J.10, J. 14.a, J. 14.b, J.16, K.6, and L.8 in
Resolution P- 14 -07.
Section 9: The City Council hereby approves the revisions to the project proposed in
SPA 15 -001, TTM 15 -001, and VAR 15 -002, subject to the following Conditions of
Approval:
A. 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.
B. 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
Resolution No. P -15 -20
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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.
C. Prior to approval of the Final Map:
1. The project's private streets shall be constructed to local, non - dedicated
rural street standards and depicted on the final map. Applicant/developer
shall obtain approval of street names from the Development Services
Department Planning Division prior to Final Map approval. Public street
easements shall be provided to areas needed for 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.
2. Recordation of a Private Road Construction and Maintenance Agreement
shall be required for all the private roads. Additionally, Lots 27, 28, 29,
and 32 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.
3. 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 provided that maintenance responsibilities specified
above are ensured by some other mechanism that is proposed by the
applicant, and approved by the City.
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4. Prior to Final Map approval or Grading Permit issuance, whichever occurs
first, updated landscape and irrigation plans for the revised project shall be
submitted and approved. Plans shall show at a minimum:
a. Fire fuel management for lots and project roads;
b. Street trees; 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 applicant is advised to
look closely at the water efficiency of the updated landscape and irrigation
plans given the current drought conditions and watering restrictions. 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.
D. Prior to issuance of a Grading Permit, unless other timing is specified:
1. Water Quality Control — Design and Construction
The project, including development of each individual lot, shall comply with
the City's Jurisdictional Urban Runoff Management Program (JURMP).
The project is considered a Priority Project and will be subject to
stormwater requirements 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 Chapters 13.09 and 16.104 of the PMC.
b. Property owner shall execute an approved Stormwater
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 of the PMC.
C. Stormwater facility easements shall be granted to the City for
access and maintenance purposes.
E. The following shall be completed to the satisfaction of the Director of Safety
Services:
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1. The project gate or other structures or devices that could obstruct fire
access roadways or otherwise hinder emergency operations are
prohibited unless they meet the standards approved by the Chief and
receive approval. All automatic gates across fire access roadways and
driveways shall be equipped with approved, emergency, key- operated
switches overriding all command functions and opening the gate(s). Gates
accessing more than four residences or residential lots shall also be
equipped with approved emergency traffic control- activating strobe light
sensor(s), or other devices approved by the Chief, which will activate the
gate on the approach of emergency apparatus with a battery backup or
manual - mechanical disconnect in case of power failure. In the event of a
power failure, the gate shall be automatically transferred to a fail -safe
mode allowing the gate to be manually pushed open without the use of
special knowledge or equipment. All automatic gates must meet fire
department policies deemed necessary by the Chief for rapid, reliable
access.
Section 10: The approval of Tentative Tract Map 15 -001 expires on July 21, 2017, 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 11: 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 July 21, 2015.
Resolution No. P -15 -20
Page 9
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 215' day of July 2015.
ve Vaus, Mayor
ATTEST:
.�h' 0 x4-aR . cd-�t_ '(
Sheil . 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 -15 -20 was duly adopted by
the City Council at a meeting of said City Council held on the 2151 day of July 2015 and
that it was so adopted by the following vote:
AYES:
LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED:
NONE
l~
Sheila K,, Cobian, CMC, City Clerk
City of Poway