0 250 500
0 1, 000 2,0 00
1 ,000
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4,000
Feet
Figure I. Proposed Project Map
•• Ill fiJ •_tl • *
�. llpl 111 l
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The area of potential effect (APE) for the proposed Project includes the entirety of parcel APN 31 4-1 92- 02-00 and the proposed road extension to the south.
Principal Investigator Brian Williams directed the cultural resources study for the project, conducting the updated reconnaissance and intensive survey. This technical report was prepared by Brian Williams.
Nicholas Doose created the report graphics and Sherri Andrews provided technical editing. Qualifications of key personnel are included in Attachment B.
METHODOLOGY
The archaeological resources review for the Project consisted of a records search at the SCIC, a reconnaissance and intensive pedestrian survey of approximately 5 acres, and the documentation of the portion of known cultural resource CA-SDI-4606 that lies within the parcel. This archaeological review confonned to CEQA and City guidelines to detennine the potential impacts to the cultural resource. The City of Poway General Plan provides an Historic and Cultural Context for the City of Poway ( 19 94 ), which was used in conjunction with previous studies and the pedestrian survey to conduct the current archaeological study. Below is a discussion of the relevant studies conducted in the Project APE as well as archaeological investigations conducted in other portions of CA-SDI- 4606.
The results of ASM's reconnajss ance and pedestrian survey of the Project APE follow the archival analysis.
Photographs were taken to document the field investigation and all associated surface artifacts within the APE were mapped using a submeter global positioning system (GPS) unit equipped with ArcGIS software.
The intensive pedestrian survey was done in 5-meter transects and all observed artifacts were flagged and recorded.
ARCHAEOLOGICAL RECORDS SEARCH
The SCIC conducted a records search that included a 1-mile radius around the Project's boundary to detennine the presence of any previously recorded sites and archaeolog ical studies within the Project APE.
The results of the records search are included in Attachment A and swnmarized here. The historical resources list, previous survey report boundaries, historic addresses, and historic maps were all consulted for the Project. Thirty-five (35) previously recorded resources and 71 previous studies have been conducted within a 1-mile radius of the Project. One resource, CA-SDI-4606, encompasses the entirety of the Project APE and two of the previous studies (McKee 19 71 and Brunzell 20 15 ) intersect with the parcel.
Previously Conduc ted Cultural Resources Studies
The records search indicated that 71 previous cultural resource projects have been undertaken within the 1- mile records search radius (see Appendix C: Table 1). Two of these studies are located within the Project APE (Table 1).
Table 1. Previous Cultural Resource Reports with the Project APE Report
Number
SD-01 940
SD-1 5151
Author(s)
Margaret McKee
David Brunzel!
McKee, 197 1, SD-01 940
Year
1971
2015
Title
Poway I
Cultural Resources Assessment of the Crown CastleNerizon San Diego Fiber PUC Project, San Diego, Cal ifornia (BCR Consulting Project No. SYN 1404)
McKee's 19 71 study is a revision of her earlier "Poway I" record from 19 69 and includes the results oftest pit sampling, gridded surface coll ections, and identification of faunal remains. Since 19 58, McKee owned 19 of 28
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land on which a portion of the site is located and she collected surface artifacts intennittently over time, establishing the elongated oval shape of the documented site boundary that includes the area south of Twin Peaks Road that corresponds with the current Project. McKee provided a background on the previous disturbances to the site including agricultural activity conducted since the 188 0s, channel alternation and realignment of Rattlesnake Creek with erosi onal control check-dams installed, and pothunting activities.
The portions of the site that appeared relatively untouched at the time included a low bench at the north end of the site and a portion of the site south of Rattlesnake Creek where a spring used to be present. The entire site was walked in 5-foot transects and all surface artifacts observed at the time were bagged and collected.
These artifacts were added to other unprovenienced ones collected earlier by McKee as well as collections made by the Kent Family who owned the property from the late 18 80s to 19 52. McKee also excavated a 5- x-5-foot test pit in the north portion of the site on the low bench due to pending development threatening the archaeologi cal deposit there.
Brunzel!, 2015, SD-01 618
BCR Consulting LLC (BCR Consulting) conducted a cultural assessment for the Crown CastleNerizon San Diego Fiber PUC Project looking at 29 discrete locations for proposed underground trenches. BCR Consulting did not identify any resources in their project area (which bisected the northernmost portion of the parcel where the current walking path is located) . Archaeologic al monitoring for the project was recommended (as the project crossed a known cultural resource) but the results of a monitoring effort could not be located.
Previousl y Recorded Cultural Resources
A total of 35 cultural resources have been recorded within a 1-mile radius with one resource, CA-SDl-4606, covering the entire proposed Project APE. CA-SDI-4606 is also recorded as SDM-W-2 13 and has been previously recommended eligible for listing in both the California Register of Historical Resources (CRHR) and National Register of Historic Places (NRHP) under Criterion 4/D, respectively.
P-37-004606 / CA-SDl-4606
As previously mentioned, the Village of Paguai (Poway) was listed as a Rancheria of San Diego Mission (Englehardt 19 20:3 50) and Rancho Paguay [sic] was granted to Rosario Aguilar by Governor Juan B.
Alvarado in 18 40. The prehistoric component of the Village of Paguai is considered to span multiple cultural eras from San Dieguito to the Late Prehistoric period and multiple surveys, testing, and data recovery programs have been conducted at the site starting as early as 19 21. These studies are almost exclusively focused on the portions of the site that are recorded north of Twin Peaks Road and are associated with development and utility projects in that area. Previous studies have shown the Village of Paguai as the epicenter of a wides pread complex that included several satellite resource collection locations, as well as spiritual areas and processing areas. Results of research at Paguai and its presumed satellite sites suggest the village was primarily occupied during the Spring-Sum mer period. What follows is a smnmary of these previous studies which have informed the current Project analysis.
Original archaeological recording
Malcolm Rogers (19 21) originally recorded "Powa" or "Po's House" [sic] as SDM-W-2 13 in 1921 and documented five circular house pits ranging from 10 to 12 feet in dian1eter. Excavation in all five house pits showed evidence of burning. One of the house pits still contained four burnt roof posts (made of cottonwood) set in a square configuration in the floor with some of the chamise thatching still present.
Bedrock milling was observed in the granite outcrops on the hill behind tl1e site (presmnably the low bench features at the north end of the bom1dary that McKee later docmnented). Rogers' analysis showed a San Dieguito II component at the north end of the site that had washed down into the margin of the later periods.
Also of note was the collection of four Trachycardium sp. shell fragments, a type that was often used to cover mortuary urns . No maps of Rogers' excavations could be referenced but he focused on the lowland area immediately north of Rattlesnake Creek, possibly overlapping with the current Project APE. 4 nlX~
,cA"' '1.."Y' \
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McKee Documentation
Margaret McKee ( 19 71) purchased a portion of the land within the site boundary ( that overlaps with the current Project) and inherited unprovenienced artifacts collected by the previous landowner (John Kent).
McKee ma.de intermittent collection of surface artifacts she encountered from then until 19 69 when she performed a more academic analysis of the site. 111is forn1al recording established a large site boundary for the resource that went from south of Rattlesnake Creek, west to Midland Road, east to Budwin Lane, and north to where Budwin Lane turns and mus roughly east to west. The 19 69 survey and testing work was later submitted to San Diego State University in 19 71 as part of an archaeologi cal program.
The entire site was walked in 5-foot transects and all surface artifacts observed were bagged and collected.
McKee recorded four bedrock milling concentrations, the closest to the current Project being the fourth in the southernmost portion of the site and south of Rattlesnake Creek at the base of a large rockfall from nearby Kent Hill . A 5-x-5-foot test pit was excavated in the north portion of the site on the low bench and showed nearly homogenous midden soils except for a layer of coarse alluvium soil suggesting either an erosion event from upslope during development of the habitation soils or a sloughing of the site that buried midden soils ben eath contemporary midden soils upslope.
McKee's su rf ace collec tion and test pit recovery showed artifact ratios dominated by lithic materials, follo wed by potsherds, bone, and shell. Lithic material was presmned to be mostly local with some chalcedony, obsidian, and agate [sic] which likely came from eastern San Diego or Imperial County. Lithics accounted for more than 1, 900 of the recovered artifacts and lithic tools included hammer stones, choppers, scrapers, burins, spokeshaves, knives, and projectile points. Scrapers (planes and flaked) were the predominant lithic tool type with nine varieties of projectile point and six varieties of knife forms described.
Potsherds were identified as mostly brown ware with olla and bowl shapes discerned from rim sherds.
Ground stone was limited, which McKee attributed to previous plowing by the Kent family that turned these items up after which they were removed as part of a de-rocking effort.
Marine fauna.I remains collected, as classif ied by McKee, include local Pacific coast shellfish and fish with one Olive/la sp. bead present. The rest of the fauna! remains were terrestrial species that appeared to be food bone or resultant from natural deposition, with one bone awl observed.
St. Gabriel 's Church
Excavations at St. Gabriel's Church by Stan Berryman (19 75) included numerous artifacts and bedrock milling stations. Based on the results, Berryman suggested that the central village area lay further south and that the area tested was associated with the Late Prehistoric era of the site complex. As part of a volunteer effort for St. Gabriel 's Church, Brad Boulais (2006) surveyed and recorded two bedrock mill ing stations in the northeast portion of the site and prepared an updated DPR form that was submitted to the SCIC.
Wolski Property
Sue Ann Cupples ( 19 78) conducted a pedestrian survey in 19 78 for the Wolski property and documented two loci: SDM-W-2 13 A and SDM-W-2 13 B. As mapped, Cupples places the deposit associated with SDM W-2 13 A at the apex of a small knoll, north of where McKee recorded the "low bench at north end of the site." Cupples noted that the deposit also appeared to be sloughing to the north and ea.st of the knoll. Bedrock outcrops with mill ing slicks and a basin were noted and artifacts included four hand stones/fragments, pieces of debita.ge, a hammer stone, and several shell fragments. Grading of the knoll had displaced the midden soils and several of the large granitic outcrops. SDM-W-213B was recorded a.cross the drainage to the west on a southeast-facing slope. TI1e entire deposit could not be accessed at the time because of property lines, but Cupples was able to docmnent a cultural deposit with midden soils, hand stones, pieces of debitage, and potsherds.
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Stan Berryman (1979) revisited the area surve yed by Cupples in 1979 and conducted testing at SDM-W- 213A and SDM-W-213B. Testing at both locations showed heavy disturbances from grading, road cuts, and erosion with little integrity remaining. SDM-W-213B appeared to be entirely a result of smearing from grading. All artifacts recovered from both areas showed a Late Archaic occupation, as noted by Rogers in 1921 and McKee in 1971.
Two Parcel Development
As part of developm ent project involving two parcels in the northern extent of the site, Mary Lou Heuett (1980) with Archaeological Consulting & Technology Inc. conducted a Phase I test excavation of SDM W-213. Testing results suggested that the site contains both a Late Archaic and possible San Dieguito cultural horizon represen ting a resource processing area where vegetation and clay resources were milled for foo d and pottery productions; lithic tools were made, resharpened, and discarded; and animals and shellfis h were processed, eaten, and deposited. The two parcels referenced above are in the northern portion of the site as originally recorded by McKee (1971).
Midland Road Extension
Roth and Associates (1980) and Gallegos and Pigniolo (1989) surveyed a portion of CA-SDI-4606 for a proposed Midland Road extension, revisiting areas documented by Cupples (1978) along the tributary to Rattlesnake Creek north of Twin Peaks Road. This included additional milling outcrops and an associated artifact scatter. A flaked tool (scraper) was coIIected during the GaIIegos and Pigniolo survey , with other material observed including ground stone fragments, more than 10 potsherd s, and more than 100 pieces of debitage.
Del Poniente Sewer Alignment
As part of the Del Poniente Sewer Alignment, Ogden Environmental and Energy Services (Pigniolo 1992) evaluated a portion of CA-SDI-4606 north of Twin Peaks Road. Testing and evaluation occurred only within the project alignment and included 59 shovel test pits (STP) and two l-x-1-meter control units.
Forty-four (44) of the STPs were positive and revealed an extensive and varied subsutface deposit within the tested site area. A total of 193 artifacts were recovered from the STPs and 352 artifacts were recovered from Control Unit #1, as well as asphaltum, bone, charcoal, and sh ellfish fragments. Control Unit #2 included 46 artifacts and bits of charcoal. Analysis of the testing revealed the presence of an intact portion of the Village of Pagaui and possible early occupation of the site. Pigniolo recommended the site eligible for CRHR listing and implementation of a data recovery program if the project was approved.
As a result of Pigniolo 's recommendations for CR.HR eligibil ity and mitigation at CA-SDI-4606, Brian F.
Smith and Associates (1995) created an Archaeol ogical Treatment Plan (Plan) for the U.S. Army Corps of Engineers to cover the portion of the site within the Del Poniente Sewer Project. Smith suggested the site may also be eligible for NRHP listing and the Plan was designed to avoid potential adverse effects that may be caused by the Project. A series of research questions and data requirements were developed for future implem entation and mitigation of impacts. The Plan also described the capping design intended to protect the archaeological deposits of CA-SDI-4606 during constmction of the pipeline. The pipeline trench would then be excavated through the soil cap and into the ground below. A sampling of 30 test units spread throughout the site was proposed to gather data and address the proposed research topics.
SDG&E Substation
In 2015, Susan Hector with NWB Environmental provided a synthesis of work conducted up to 1989 for SDG&E Poway Substation Rebuild Project that crossed into the north end of the site. This brief synthesis also included a sh ort analysis of the artifacts collected by Rogers that were held at the Museum of Man (now Museum of Us) . Between 2015 and 2017, NWB Environmental conducted testing and monitoring for the SDG&E Poway Substation Rebuild Project at the eastern end of the recor ded site boundary (Bosque 2019) . No artifacts or cultural material were observed during any phase of the Project suggesting either the 22 of 28
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original Substation installment had removed it or that Budwin Lane was a good eastern boundary for the archaeological deposit.
ARCHAEOLO GCIAL SURVEY AND RESULTS
ASM Principal Investigator Brian Williams conducted an updated archaeological reconnaissance and intensive pedestrian survey of the property in accordance with both CEQA and City guidelines on July 29, 2021. During field work, ground visibility throughout the APE was approximately 75 to 10 0 percent, with light ground cover.
One hundred and thirty-five (135) artifacts were recorded on the surface of the Project APE. These include pre dominately brownware potsherd s (n=59) and pieces of debitage (n=67) with two granitic hand stone [mano] fragments, two volcanic cores, one possible polishing stone, and four retouched flakes. The debitage materials consisted of nearly even amounts of volcanic (n=33) and quartz materials (n=32) with two pieces of quartzite debitage also noted. These represent late-stage lithic tool production as most are interior or secondary flakes with several thi1ming flakes and pieces of shatter. The four retouched flakes were made on volcanic (n=3) and quartz (n=l) materials.
Artifacts were scattered on the surface primarily along the eastern half of the Project APE decreasing in density moving towards Runyan Lane and the historic-era home in the southwest comer of the APE. Animal burrows were examined to see if midden soils or an intact subsu rface deposit were presen t, but neither were observed in the tailings. However, several of the artifacts were observed in the animal burrow tailings suggesting a possible buried component of the site. An updated DPR form for CA-SDI-4606 is included in Attachment C.
IMPACT ASSESSMENT
Following the City's Cultural Resources Guidelines, this records search and literature review was conducted as part of the identification efforts for the proposed Project. As part of this review, the following archival sources were consulte d: materials on file with the SCIC, the California Inventory of Historic Resources, the National Register Infonnation System, California Historical Landmarks, Historic GLO land patent records, the Handbook of North American Indians, historic aerial photographs and historical maps, and County Assessor Records. The results of this research indicate that a significant amount of archaeological work has been conducted over the past 100 years at CA-SDI-4606, revealing prehistoric occupation of the area going back to the Archaic Period and lasting through the Spanish presence in the valley. However, only limited work has been done within the current Project APE. The APE has been systematically surve yed on only one other occasion, in 1969 by McKee who also perfonned collection of the area where artifacts had been exposed at the surface. Agricultural practices in the late 1800s to 19 50 have likely mixed up the uppermost strata of the site and pushed artifacts around on the surface. Since no previous subsu rface exploration can be confirmed within the Project APE, the pres ence of an intact subsurface deposit is currently unknown but is possible given the results of the current pede strian survey that identified a light to moderate density artifact scatter as well as the previous excavations by Malcolm Rogers on the valle y floor on the "north bank" of the creek.
RECOMMENDED MITIGATION MEASURE
The archival research and intensive pedestrian survey suggest a CRHR-eligible resource may be present with the Project APE. Systematic archaeological testing of the Project APE is recommended to assess whether an intact subsurface deposit is present and if the portion of the resource within the Project APE contributes to the overall CRHR eligibility of CA-SDI-4606 . 23 of 28
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If you have any questions or require clarification of any of the information in this letter report, please do not hesitate to contact me at (760) 804-5 757 or at [email protected].
Brian Williams, MMA, RP A
Director
ASM Affiliates
Attachment A: Confidential SCIC Records Search and Associa ted Figures and Tables Attachment B: Key Personnel Resumes
Attachment C: DPR Update for CA-SDI-4606
Sincerely,
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References Cited
Berryman, Stanley R.
19 75 Archaeological Investigations of the New Saint Gabriel Church Site, Poway, California. 1979 Results of Preliminary Test of Rancho Del Poniente Archaeological Site.
Boulais, Brad
2006 DPR Update to CA-SDI-4606.
Bosque, Phillip A.
2019 DPR Update to CA-SDI-4606.
Brian F. Smith and Associates
1995 Archaeological Treatment Plan for a Portion ofCA-SDI-4606: The Del Poniente Sewer Project, Poway, California.
Brunzell, David
2015 Cultural Resources Assessment of the Crown Castle/Verizon San Diego Fiber PUC Project, San Diego, California (BCR Consulting Project No. SYN1404).
Cupples, Sue Ann
1978 An Archaeological Survey of the Wolski Property, Poway, California.
Englehardt, Zephyrin
1920 San Diego Mission. The James H. Barry Co., San Francisco .
Gallegos, Dennis, and Andrew Pigniolo
1989 Cultural Resource Survey and Evaluation of the Midland Road and Sewer Extension Alternatives, Poway, California.
Hector, Susan
2015 Research on the Location of SDI-4606/SDM-W-21 3 for Poway Substation Rebuild, Poway, San Diego County, California (SDG&E eTS #29503).
Heuett, Mary Lou
19 80 Archaeological Phase I Test Excavation at SDM-W-213, Village of Paguai, TPM-16305, LOG 79-1398.
McKee, Margaret
1971 Poway 1. Submitted to San Diego State University.
Pigniolo, Andrew
1992 Cultural Resource Testing and Evaluation of Portions of CA-S Dl-4, 606 and CA-SDI ] 1, 14 4 for the Del Poniente Sewer Alignment, Poway, California.
Rogers, Malcom
1921 SDM-W-213 Record Fonn. On file at San Diego Museum of Us.
Roth, Linda
1986 Archaeological Survey for the Proposed Midland Road Extension, Poway, California. 25 of 28
June 13, 2023, Item #10
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June 13, 2023, Item #10
Chapter 2.21
REHEARING
Sections:
2.21.010 Scope.
2.21.020 Filing of request for rehearing.
2.21.030 Filing fee.
2.21.040 City response.
2.21.050 Notice of hearing.
2.21.060 Conduct of hearing.
2.21.010 Scope.
The City Council’s action to approve or deny is final. The City Council may rehear and reconsider its action if there is new and different evidence not available at the previous hearing. (Ord. 492 § 2, 1998)
2.21.020 Filing of request for rehearing.
The applicant or any other interested person adversely affected by the action may file a written request for a rehearing along with the new and different evidence with the City Council. Any such request must be filed in writing within 10 calendar days after the action which is the subject of the request. (Ord. 492 § 2, 1998)
2.21.030 Filing fee.
The written request shall be accompanied by a fee to be set by resolution of the City Council. (Ord. 492 § 2, 1998)
2.21.040 City response.
Upon receipt of the request and filing fee, the City Clerk shall submit the matter to the City Council as soon as possible, but in no case later than 30 days. At that meeting the City Council may, at its discretion, either take no further action on the request or set the matter for another public hearing which shall be held within 30 days after the Council accepted the request for a rehearing unless the applicant consents to a continuance. (Ord. 492 § 2, 1998)
2.21.050 Notice of hearing.
If the City Council accepts the request for a rehearing, notice shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation published in the City.
Notice shall also be mailed to all those who received notice of the original hearing. (Ord. 492 § 2, 1998) The Poway Municipal Code is current through Ordinance 859, passed January 17, 2023.
Poway Municipal Code Chapter 2.21 REHEARING Page 1 of 2 27 of 28
June 13, 2023, Item #10
ATTACHMENT B
2.21.060 Conduct of hearing.
The hearing shall be conducted in accordance with the applicable provisions of Chapter 2.18 PMC and constitutional due process. The determination of the City Council at the rehearing shall constitute a final decision. (Ord. 492 § 2, 1998)
The Poway Municipal Code is current through Ordinance 859, passed January 17, 2023.
Poway Municipal Code Chapter 2.21 REHEARING Page 2 of 2 28 of 28
June 13, 2023, Item #10
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
June 13, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services -/,IA
Robert Manis, Director of Development Services
858-668-4601 or [email protected]
CITY COUNCIL
Development Review 23-0001; a request for approval of the siting and design of 6 single-family dwelling units north of the intersection of Espola Road and Old Coach Road and making the determination that the project is within the scope of the Environmental Impact Report (EIR) for the Old Coach Golf Estates Specific Plan and subsequent Addendums
The applicant is requesting approval of a Development Review (DR) for the siting and design of six single-family dwelling units for a recently approved subdivision on property located north of the intersection of Espola Road and Old Coach Road and within the Planned Community (PC) Zone and the southern portion of the Old Coach Golf Estates Specific Plan (OCGESP).
Recommended Action:
It is recommended the City Council take public input and adopt the Resolution (Attachment A) approving Development Review (DR) 23-0001 for the siting and design of six single-family dwelling units and making the determination that the project is within the scope of the Environmental Impact Report (EIR) for the OCGESP certified on May 15, 1990, and subsequent Addendums to the Final EIR certified on July 19, 2016, and December 7, 2021.
Discussion:
The applicant is New Pointe Communities, and the property owner is New Pointe Investment 52, LLC.
The applicant is requesting approval of a DR for the siting and design of six single-family residences on property located north of Espola Road, east of Westling Court, south of Butterfield Trail and bisected by Old Coach Road. The project site is within the Planned Community (PC) Zone and the southern portion of the OCGESP area as shown on Attachment B.
On December 7, 2021, Tentative Tract Map (TTM) 21-004 was approved for the subdivision of approximately 13.5 acres into six residential lots ranging in size from .6 acres to 1.14 acres in size. The subdivision also included an amendment to the OCGESP that, among other things, consolidated five other lots further north totaling 122 acres into open space and one future building site for a single family home.
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June 13, 2023, Item #11
Five of the homes will be located on the west side of Old Coach Road along a new private cul-de-sac street and the sixth home will be located on the east side of Old Coach Road as shown on Attachments C and D. The building pad elevations on Lots 1-5 are generally 12 feet below the elevation of Espola Road and between 2 feet and 6 feet below the elevation of Old Coach Road. The building pad elevation of Lot 6 is generally even with the elevation of Old Coach Road.
For subdivision tract developments, the Poway Municipal Code requires at least three different floor plans and three different fac;:ade treatments for each floor plan. The three proposed floor plans range in size from 3,860 square feet to 4,150 square feet and feature different fac;:ade treatments. The homes are all one-story and the maximum height of the homes vary from 15.5 feet to 18.7 feet. The homes feature a contemporary architectural style. Exterior materials include stucco, masonry block veneer, horizontal siding, and wood trim . Roof designs are shed and flat roofs, both of which are allowed by OCGESP. The proposed homes are consistent with development standards of the OCGESP, including setbacks, lot coverage, and building height. Attachments E, F, and G provide the floor plans and building elevations showing variations on the three proposed models and architectural/fac;:ade treatments .
A six-foot high wall will be constructed along the perimeter of Lots 1-5 (West of Old Coach Road) and along the south and westerly perimeter of Lot 6 (East of Old Coach Road) as shown in Attachment H.
The wall combined with the relatively low building height and the elevation difference between the building pads and Espola Road and Old Coach Road will reduce the visibility of the homes from the nearby streets as seen on the cross sections in Attachment I.
Environmental Review:
Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, a subsequent environmental document, or any additional environmental review or notice, is not required since the project is within the scope of the Environmental Impact Report (EIR) that was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the OCGESP, and certified on May 15, 1990, and the two subsequent Addendums to the Final EIR certified on July 19, 2016 and December 7, 2021. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. No further environmental analysis is required.
Fiscal Impact:
None.
Public Notification:
A notice was mailed to property owners within 500 feet of the project site. 2 of 35
June 13, 2023, Item #11
Attachments:
A. Resolution
B. Zoning and Location Map
C. Illustrative Site Plan
D. Site Plan
E. Floor Plans and Elevations of Plans One A and B
F. Floor Plans and Elevations of Plans Two A and B
G. Floor Plans and Elevations of Plan Three
H. Location of 6-Foot-High Perimeter Wall
I. Site Cross Sections Relative to Espola Road and Old Coach Road Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
June 13, 2023, Item #11
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
23-0001, ALLOWING FOR THE SITING AND DESIGN OF SIX
SINGLE-FAMILY DWELLING UNITS (ASSESSOR PARCEL
NUMBER 277-171-22)
WHEREAS, the City Council considered Development Review (DR) 23-0001; a request for approval for the siting and design of 6 single-family homes on property located north of Espola Road, east of Westling Court, south of Butterfield Trail and bisected by Old Coach Road within the Planned Community (PC) Zone and the southern portion of the Old Coach Golf Estates Specific Plan (OCGESP) area;
WHEREAS, on June 13, 2023, the City Council held a duly noticed public meeting to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all 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: Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, a subsequent environmental document, or any additional environmental review or notice, is not required since the project is within the scope of the Final Environmental Impact Report (FEIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the OCGESP and certified on May 15, 1990, and subsequent addendums certified on July 19, 2016 and on December?, 2021.
SECTION 2: The findings for DR23-0001, in accordance with the Poway Municipal Code (PMC) 17.52.010 Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding development by utilizing materials commonly found in surrounding neighborhoods such as stucco, siding, concrete block and wood. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City.
8. The project has been designed to minimize impacts on surrounding development by providing three floor plans and fa9ade treatments and adhering to the development standards for the PC zone and OCGESP. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City.
C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the subdivision. Further, the six homes comply with the development standards for the PC zone and OCGESP.
D. The design and improvements of the proposed development are consistent with all 4 of 35 ATTACHMENT A
June 13, 2023, Item #11
Resolution No. 23-
elements of the Poway General Plan and OCGESP. The homes feature a contemporary architecture style by incorporating shed and flat roofs with stucco, masonry block, siding, and wood.
SECTION 3: The findings, in accordance with Government Code Section 66020 for the public improvements needed as a result of the proposed development to protect the public health, safety and welfare, are made as follows:
A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project.
B. The construction of the following public improvements is needed as a result of the proposed development to protect the public health, safety and welfare and will be provided in conjunction with the Tentative Tract Map.
1. Water and sewer lines;
2. Onsite fire hydrants;
3. Onsite drainage improvements;
4. Public recreation trails through the site.
C. In accordance with the Poway General Plan, the project requires the payment of development impact fees, which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City.
SECTION 4: The City Council hereby approves DR23-0001, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" dated June 13, 2023 (Exhibit A hereinafter) on file with the Development Services Department, except as noted herein and subject to the following conditions:
A. 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 reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set forth in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to DR23-0001) and any environmental document or decision made pursuant to CEQA. 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. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City.
B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A" and on file at the Development Services Department. If actual conditions and details vary from representations on Exhibit 5 of 35
June 13, 2023, Item #11
Resolution No. 23-
A, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. This matter does not include the residential housing design or development review of any of the residential lots, which would be subject to a subsequent minor development review or development review permit approval.
C. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site.
D. The conditions for the project shall remain in effect for the life of the subject property and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.
E. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. A Construction Noise Management Plan (CNMP) shall be prepared and submitted to the City of Poway Planning Division for its review and approval. Prior to the issuance of a Building Permit, construction plans shall also include a note indicating compliance with the CNMP is required. The CNMP shall be prepared or reviewed by a qualified acoustician (retained at the project applicant/owner or construction contractor's expense).
F. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with:
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(Engineering)
1. 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 Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City.
2. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life.
3. 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.
June 13, 2023, Item #11
Resolution No. 23-
The certification and report are subject to review and approval by the City.
4. 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.
5. The applicant shall pay all applicable development impact fees in effect at time of permit issuance.
(Planning)
6. The development shall comply with the current addition of the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculat ions and seismic safety requirements.
7. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570 .
8. An Affordable Housing In-Lieu Fee of $500 for each market-rate dwelling unit shall be collected prior to the Building Permit issuance.
9. The residences shall be equipped with low-flow plumbing fixtures .
10. Exterior building materials and finishes shall reflect the approved elevations (Exhibit A) on file with the City and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services.
G. Prior to Issuance of a Certificate of Occupancy the applicant is required to comply with the following:
7 of 35
(Engineering)
1. The applicant shall execute an approved Private Sewer Lift Station and Sewer Line Construction, Maintenance and Liability Agreement accepting responsibility for maintenance of, and emergency spill response for, the private sewer facilities .
2. An Encroachment Removal Agreement will be required for any private improvements within the public right of way or easement. This includes, but is not limited to, the proposed pervious pavers and private force main along Old Coach Road.
3. The stormwater facilities shall be complete and operational prior to occupancy.
4. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy.
5. 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.
June 13, 2023, Item #11
Resolution No. 23-
6. All utility services shall be installed and completed by the property owner, and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground.
7. 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.
8. 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.
9. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project.
10. After completion of all work, record drawings for both the grading and improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of all record drawings is required prior to issuance of occupancy and release of grading and improvement securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommend. (Planning)
1. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. All landscaping shall be maintained in a thriving condition.
2. The site shall be cleared of all construction materials, supplies, and equipment.
3. All light fixtures shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises and Open Space Easements.
H. The applicant shall comply with the following requirements to the satisfaction of the Fire Department:
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1. This parcel is located within the very high fire hazard area of the city and is new construction; therefore, California Building Code Chapter 7 A and Poway Municipal Code 15.24 will apply.
2. Ignition Resistant Class construction is required as described in the California Building Code Chapter 7 A.
3. An approved water supply capable of supplying the required fire flow of 1 S00GPM for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A new water main and fire hydrant shall be located within 600 feet of the structure following an approved route. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the June 13, 2023, Item #11
9 of 35
responsibility of the applicant.
Resolution No. 23-
4. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.
5. A residential fire sprinkler system with a one-inch meter is required. A separate plan submittal and approval to the Poway Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler contractor or fire protection engineer is required for the residential sprinkler system prior to installation. There is a separate fee for this plan check and inspection services. If a one-inch lateral off the street main is currently not present, one will have to be installed. If a pressure pump is required for fire sprinkler operation, auxiliary power is required.
6. 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. In most cases, the City of Poway construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official.
7. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent. The fire code official may require additional mitigation measures where he or she deems appropriate.
8. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent) or as approved by the fire code official.
9. All dead-end fire access roads & driveways more than 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. A cul-de-sac shall be provided in residential areas where the access roadway serves more than two improved parcels containing dwelling units. The minimum, unobstructed paved radius width for a cul-de-sac shall be 38 feet in residential areas. The fire code official shall establish a policy identifying acceptable turnarounds for various project types .
10. Fire apparatus access roads (driveways) shall extend to within 150 feet of all portions of the exterior walls of the first story of the structure as measured by an approved route around the exterior of the building.
11. The approved fire apparatus access (driveway) for fire protection, either temporary or June 13, 2023, Item #11
10 of 35
Resolution No. 23-
permanent, shall be made available as soon as combustible material arrives on site.
12. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Number shall contrast with their background and shall meet City of Poway standards. The address is required at the private driveway entrance.
13. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command functions and opening gates. Dual-keyed or dual switches shall be provided to facilitate access by law enforcement.
14. Buildings and structures located within a wildland-urban interface fire area shall be setback a minimum of 30-feet from property lines and biological open space easements unless the Poway Municipal Code requires a greater minimum. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge.
15. Single-story structures shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof. A single-story structure shall be less than 12-feet above grade. A two-story structure shall be set back a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1.
Structural setbacks shall be shown on the site plan. Show scaled cross section profiles denoting the top of the slope, building/roof projections, and the setback distance at multiple locations on the plan submittal.
16. The project shall comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and Poway Municipal Code 15.24 as it relates to fuel management and defensible space. 100 feet of fuel management consisting of 40 feet of Zone A and 60 feet of Zone B shall be required. Mitigation is required where 100 feet of fuel management cannot be achieved within the parcel boundaries. 10 feet of vegetation fuel modification, meeting Zone B requirements, shall be maintained on both sides of the driveway and fire access roadway fronting the property when not already within a fuel modification zone.
a. Mitigation is required where 100 feet of fuel management cannot be achieved within parcel boundaries. Applicant shall contact the Deputy Fire Marshal at (858)668-4471 to review mitigation options.
b. The landscape plan requires a separate landscape and irrigation plans submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. There is a separate fee for this plan check and inspection services.
The applicant shall submit and receive signed approval of landscape and irrigation plans prior to the issuance of the building permit. All fuel modifications shall be installed prior to the final inspection for issuance of a certificate of occupancy.
17. All flammable vegetation within the approved fuel modification zone shall be removed prior to the arrival of combustible material on the site and shall be maintained during the duration of the project until all elements of approved fuel modification zones are June 13, 2023, Item #11
installed and approved .
Resolution No. 23-
18. Smoke alarms shall be installed in all bedrooms and adjoining hallways. They shall be hard-wired, with battery backup, and interconnected.
19. Carbon monoxide alarms shall be installed in hallways adjoining bedrooms, and on each separate floor. The carbon monoxide alarms shall be hard-wired, with battery backup, and interconnected.
20. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester.
21. If liquefied gas (propane) is used as a primary utility source, show the tank size, location of the tank on the parcel, orientation of the tank to building, and the method of securing the tank to the ground, on the building plans.
I. The applicant shall comply with the following requirements to the satisfaction of the Director of Public Works:
1. The existing irrigation meters shall be connected to the new potable main on Old Coach Road.
2. All plants and trees and irrigation in this HOA responsibility on all ROW all roads including trail and fencing, maintained to a Service Level A.
3. Both the Espola Trail and Justins trail run along and through this property . These trails are active, and we request that they be protected in place during construction. The area should remain safe and kept clean. Please ensure steps to prevent run off are in place to prevent potential trail damage in the future .
4. All stormwater infrastructure maintenance within the private property boundaries, including bio-basins, will be the responsibility of the property owner .
5. All stormwater related assets will be considered private and homeowners/HOA responsibility for maintenance.
SECTION 7: The approval of DR22-0004 shall expire June 13, 2025, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property unless prior to the expiration , 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: 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 .
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June 13, 2023, Item #11
Resolution No. 23-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 13th day of June, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
12 of 35
June 13, 2023, Item #11
A
NORTH
13 of 35
PC-6
Subject Location: RR-A
277-171-22
City of Poway
Zoning / Location Map
Item: DR23-0001
0 1,000
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250 500
ATTACHMENT B
June 13, 2023, Item #11
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