PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of August, 2021 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
ATTEST:
34 of 56
MULLIN, FRANK, GROSCH, LEONARD, VAUS
NONE
NONE
NONE
~ ---2
Steve Vaus, Mayor
April 2, 2024, Item #8
STEVE VAUS, Mayor
BARRY LEONARD, Deputy Mayor
DA VE GROSCH, Councilmcmbcr
CA YLIN FRANK, Councilmcmbcr
JOI-IN MULLIN, Councilmcmbcr
CITY OF POWAY
EXHIBIT A
CITY OF POWAY
NEGATIVE DECLARATION
Resolution No. 21-067
Pa e 3
1. Name and Address of Applicant: City of Poway, Development Services, 13325 Civic Center Drive, Poway, CA 92064.
2. Project Name and Brief Description of Project: Environmental Assessment (EA) 21-001: General Plan Amendment (GPA) 21-001 adopting the City of Poway 2020-2029 Housing Element of the General Plan and amending the text of the Community Development (Land Use) Element of the General Plan to reflect the updated Housing Element.
3. In accordance with Resolution 83-084 of the City of Poway, implementing the California Environmental Quality Act of 1970, the City of Poway City Council has found that the above project will not have a significant effect upon the environment and has approved a Negative Declaration. An Environmental Impact Report will not be required.
4. This Negative Declaration is comprised of this form along with the Environmental Initial Study that includes the Initial Study.
5. The decision of the City Council of the City of Poway is final.
Contact Person: Scott Nespor Phone: (858) 668-4656
Attachments:
1. Environmental Initial Study
35 of 56
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org
April 2, 2024, Item #8
ATTACHMENT
1 CITY
OF
POWAY
ENVIRONMENT
AL
INITIAL
STUDY
AND
CHECKLIST
Resolution
No.
21-067 Page4
A.
INTRODU,CTION This
Environmental
Initial
Study
and
Checklist,
along
with
information
contained
in
the
public
record,
comprise
the
environmental
documentation
for
the
proposed
project
as
described
below
pursuant
to
the
requirements
of
the
California
Environmental
Quality
Act
(CEQA).
Based
upon
the
information
contained
herein
and
in
the
public
record,
the
City
of
Poway
has
prepared
Negative
Declaration
for
the
proposed
project.
B.
PROJECT
INFORMATION
1. Project
Title:
2020-2029
City
of
Poway
Housing
Element
of
the
General
Plan:
Environmental
Assessment (EA)
21-001:
General
Plan
Amendment
(GPA)
21-001
2. Lead
Agency
Name
and
Address:
___
~C~ity-'-"'o~f~P~ow~aY
..... ,~D~e~v~e~lo=p~m~e~n~t~S~e~rv~ic_e-s
__
13325
Civic
Center
Drive,
Poway,
CA
92064
3. Contact
Person
and
Phone
Number
:
Scott
Nespor,
Associate
Planner,
858-668-4656
4. Project
Location:
Citywide
(Exhibit
A -
Attached)
5. Project
Sponsor's
Name
and
Address
: -------=C=it~y-=o-'-f
.,_P=ow=ay..__
_______
_
13325
Civic
Center
Drive.
Poway,
CA
92064
6. General
Plan
Designation:
Citywide
-Not
Applicable
for
adoption
of
a
Housing
Element
Update
7. Zoning
:
Citywide
-Not
Applicable
for
adoption
of
Housing
Element
Update
8. Description
of
Project:
36 of
56 This
project
is
a
General
Plan
Amendment
to
update
and
adopt
the
City
of
Poway
2020-2029
Housing
Element
for
the
Sixth
Cycle
planning
period
from
June
30,
2020
to
April
15,
2029
and
amend
the
text
of
the
Community
Development
(Land
Use)
Element
of
the
General
Plan
to
reflect
the
updated
Housing
Element.
The
Housing
Element
update,
which
is
one
of
the
seven
City's
General
Plan
elements,
is
a
policy
document
designed
to
provide
the
City
with
a
coordinated
and
comprehensive
strategy
for
promoting
the
production
of
safe,
decent,
and
affordable
housing
within
the
community.
California
Government
Code
Section
65580
states
the
following
regarding
the
importance
of
creating housing
elements:
a.
The
availability
of
housing
is
of
vital
statewide
importance,
and
the
early
attainment
of
decent
housing
and
a
suitable
living
environment
for
every
Californian,
including
farmworkers,
is
a
priority
of
the
highest order
.
1 April 2, 2024, Item #8
Resolution
No
. 21-067 Page
6 EIS
and
Checklist
37 of
56 •
Matching
housing
supply
with
need;
•
Maximizing
housing
choices
throughout
the
community
•
Assisting
in
the
provision
of
affordable
housing
•
Removing
governmental
and
other
constraints
to
housing
investment;
and
•
Promoting
fair
and
equal
housing
opportunities.
The
City's
Housing
Element
update
contains
the
following
components
:
• A
profile
and
analysis
of
the
City's
demographics,
housing
characteristics,
existing
and
future
housing
needs,
and
fair
and
equal
housing
opportunities
and
constraints
(Chapter
2,
Community
Profile)
.
• A
review
of
the
constraints
to
housing
production
and
preservation.
Constraints
include
potential
market,
governmental,
policy,
and
environmental
limitations
to
meeting
the
City's
identified
housing
needs
(Chapter
3,
Constraints)
.
•
An
assessment
of
resources
available
to
meet
the
City's
objectives
regarding
housing
production
and
preservation
and
its
ability
to
further
fair
housing.
Resources
include
land
available
for
new
construction
and
redevelopment,
an
analysis
of
site
constraints
and
the
site's
ability
to
further
fair
housing,
as
well
as
financial
and
administrative
resources
available
(Chapter
4,
Housing
Resources).
• A statement
of
the
housing
plan
to
address
the
City's
identified
housing
needs,
including
housing
goals,
policies,
and
programs
(Chapter
6,
Housing
Plan)
.
Regional
Housing
Needs
Allocation
(RHNA)
The
Regional
Housing
Needs
Allocation
(RHNA)
is
mandated
by
State
law
as
part
of
the
periodic
process
of
updating
the
local
housing
element
of
the
General
Plan.
The
RHNA
process
begins
with
the
regional determination
figure
(the
total
number
of
housing
units
needed
to
meet
housing
needs
in
the
SANDAG
region)
issued
by
HCD,
followed
by
an
allocation
to
each
jurisdiction
within
the
region
(specific
number
of
units
allocated
to
each
jurisdiction).
For
the
2020
to
2029
Housing
Element,
the
regional
determination
was
based
solely
on
projected
housing
need
during
an
over
eight-year
planning
period
.
Recent
changes
to
State
law
added
a
requirement
that
existing
housing
needs
must
be
incorporated
in
the
regional
determination
by
housing
need
indicators
such
as
vacancy
rates,
job/housing
balance,
cost
burden,
and
overcrowding.
SANDAG
is
mandated to
allocate
the
regional
housing
need
set
by
HCD
to
jurisdictions
in
the
region.
In
allocating
the
region's
future
housing
needs
to
jurisdictions,
SANDAG
is
required
to
take
the
following
factors
into
consideration
pursuant
to
Section
65584
of
the
State
Government
Code:
•
Market
demand
for
housing;
•
Employment opportunities;
•
Availability
of
suitable
sites
and
public
facilities;
•
Commuting
patterns;
•
Types
of
tenure
housing;
•
Loss
of
units
in
assisted
housing
developments;
•
Over-concentration
of
lower
income
households;
and
3 April 2, 2024, Item #8
Resolution
No.
21-067 Page
8 EIS
and
Checklist
38 of
56 Continue
to
maintain
the
Mobile
Home
Park
Zone
Continue
to
enforce
Construction
Codes
Continue
to
maintain
Neighborhoods
Revitalization
Continue
to
maintain
and
enhance
Resident
Services
Continue
to
fund
Nonprofit
Housing
Development
Corporations,
as
funding
becomes
available Continue
to
monitor
Affordable
Housing
Projects
Develop
and
implement
a
Comprehensive
Maintenance
Agreement
for
Affordable
Housing
Developments
Development
of
New
Housing
Develop
new
Rental
Housing
Continue
to
develop
new
Affordable
Housing
on
Parcels
with
the
Affordable
Housing
Overlay
Zone
(AHOZ)
Designation
Implement
Mixed-Use
Development
Standards
Continue
to
collect
In-Lieu
fees
and
monitor
the
City's
lnclusionary
Housing
Ordinance
Continue
allowing
Poway
Housing
Authority
to
retain,
promote,
and
provide
affordable
housing
and
maintain
reporting
Implement
Zoning
Amendments
for
Special
Needs
Housing
(e.g.,
Low
Barrier
Navigation
Centers,
Transitional
and
Supportive
Housing,
Emergency
Shelters,
Residential
Care
Facilities,
Agricultural
Worker
Housing,
Employee
Housing,
Housing
with
Reasonable
Accommodations,
Single-Room
Occupancy)
Continue
to
provide
for
Special
Needs
Housing
including
determining
the
availability
of
funding
for
implementation
of
housing
programs
Continue
the
First
Time
Homebuyer
Assistance
Program
to
assist
Program
participants
with
loan
servicing
and
resale
processing,
as
funding
is
available
Continue
offering
single-family
rehabilitation
loans
with
the
Home
Enhancement
Loan
Program,
as
funding
is
available
Maintain
Zoning
Categories
in
the
General
Plan
to
encourage
diversity
of
development
to
serve
as
many
types
of
residents
as
possible
while
minimizing
land-use
related
conflicts Evaluate
Community
Land
Trusts
to
determine
options
for
use
of
the
community
land
trust
model
Continue
to
provide
priority
for
the
provision
of
services
to
Lower
Income
Households
Continue
to
enforce
City
codes,
General
Plan
Polices
, and
Zoning
Regulations
Continue
to
monitor
Ordinances,
User
Charges,
and
Fees
Update
the
Poway
Municipal
Code
to
comply with
current
Density
Bonus
law
Conduct
public
outreach
and
education
programs
that
engage
the
community
to
help
create
an
understanding
of
and
support
for
affordable
housing,
as
funding
is
available
Promote
Transit-Oriented
projects
Encourage
the
provision
of
housing
for
Extremely-Low
Income
Households,
as
funding
is
available
Monitor
and
evaluate
No
Net
Loss
requirement
per
state
law
Monitor
and
preserve
potential
At-Risk
housing
units
to
ensure
adequate
sites
are
available
throughout
planning
period,
as
funding
is
available
Monitor
and
evaluate
the
AHOZ
Ordinance
Development
Standards
Update
the
Public
Safety
Element
and
ensure
consistency
with
the
Adopted
Housing
Element Implement
SB35
permit
streamlining
and
adopt
procedures
for
processing
of
new
affordable
housing
projects
5 April 2, 2024, Item #8
Resolution
No.
21-067 Page
10 EIS
and
Checklist
39 of
56 Since
the
5th
cycle
Housing
Element
was
adopted
in
2013,
the
State
Legislature
has
adopted
several
bills
which
strengthen
requirements
related
to
the
Residential
Sites
Inventory.
Among
these,
the
most
significant
are
AB
1397
(2017)
and
SB
166
(2017),
which
imposed
several
key
new
requirements.
These
new
requirements
are
summarized
as
follows:
Enhanced
Requirements:
Realistic
Development
Potential
(AB
1397)
Assembly
Bill
1397
requires
that,
for
each
site
included
in
the
Residential
Sites
Inventory,
the
City
identify
the
realistic
development
potential
for
the
site
within
the
eight-year
planning
period.
For
non-
vacant
sites,
the
methodology
used
to
identify
realistic
development
potential
must
consider
factors
such
as
existing
uses,
past
development
trends,
market
conditions,
and
the
availability
of
regulatory
and/or
other
development
incentives.
No
Net
Loss
(SB
166)
Senate
Bill
166
amended
the
existing
No
Net
Loss
Law
to
require
sufficient
adequate
sites
to
be
available
at
all
times
throughout
the
housing
element
planning
period
to
meet
a jurisdiction's
remaining
unmet
RHNA
goals
for
each
income
category
; To
comply
with
the
No
Net
Loss
Law,
as
jurisdictions
make
decisions
regarding
zoning
and
land
use,
or
development
occurs,
jurisdictions
must
assess
their
ability
to
accommodate
new
housing
in
each
income
category
on
the
remaining
sites
in
their
housing
element
site
inventories.
A
jurisdiction
must add
additional
sites
to
its
inventory
if
land
use
decisions
or
development results
in
a shortfall
of
sufficient
sites
to
accommodate
its
remaining
housing
need
for
each
income
category
.
In
particular,
a
jurisdiction
may
be
required
to
identify
additional
sites
according
to
the
No
Net
Loss
Law
if
a
jurisdiction
rezones
a
site
or
if the
jurisdiction
approves a
project
at
a
different
income
level
or
lower
density
than shown
in
the
Residential
Sites
Inventory.
Lower
density
means
fewer
units
than
the
capacity
assumed
in
the
site
inventory
.
To
ensure
that
sufficient
capacity
exists
in
the
housing
element
to
accommodate
the
RHNA
throughout
the
planning
period,
HCD
recommends
that
jurisdiction
create
a
buffer
in
the
housing
element
inventory
of
more
capacity
than
required,
especially
for
capacity
to
accommodate
the
lower
income
RHNA
.
Jurisdictions
can
also
create
a
buffer
by
projecting
site
capacity
at
less
than
the
maximum
density
to
allow
for
some
reductions
in
density
at
a
project
level.
The
2020-
2029
Housing
Element
identifies
a
140
unit
buffer
above
the
RHNA
with
credits
from
Table
4-4
and
sites
from
Table
4-5
(1,459
total
housing
units
provided
to
meet
RHNA,
excluding
additional
sites
identified
in
Table
A-1).
Rezoning
for
Re-Use
of
Sites
to
Accommodate
Lower
Income
RHNA
(20
percent
inclusionary,
By-right) Sites
identified
to
accommodate
the
lower-income
RHNA
are
subject
to
additional
requirements
if they
were
identified
in
a
previous
planning
period.
Generally,
these
requirements
would
apply
to
the
use
of
a
non-vacant
site
that
was
identified
in
the
prior
planning
period's
housing
element
(i.e.,
5th
cycle
Housing
Element),
or
to
the
use
of
a vacant
site
that
was
identified
in
two
or
more
consecutive
planning
periods
(i.e.,
5th
and
4th
cycle
Housing
Elements).
When
sites
meeting
these
conditions
are
used
to
accommodate
the
lower-income
RHNA,
the
jurisdiction's
housing
element
must
include
a
program
to
be
completed
within
three
years
of
the
beginning
of
the
planning
period
to
allow
residential
use
by-right
at
specified
densities
for
housing
developments
in
which
at
least
20 percent
of
the
units
are
affordable
to
lower
income
households
.
7 April 2, 2024, Item #8
Resolution
No
. 21-067 Page
12 EIS
and
Checklist known
as
"The
City
in
the
Country"
and
prides
itself
on
the
fact
that
over
half
of
the
39.4 square
mile
area
is
preserved
as
dedicated
open
space.
The
community
offers
a
diverse
range
of
housing
options.
an
outstand
ing
school district.
a thriving
business
park.
a broad
range
of
dining
and
shopping
opportun
ities.
beautiful
parks
. and
trails.
Most
of
the
City
's
residentially
zoned
land
has
already
been
developed
with
a
diversity
of
housing
types,
including
single-family
homes,
mobile
home
parks,
townhomes,
condominiums.
and
apartments
.
New
mixed
-use
housing
opportunities
were
developed
with
the
adoption
of
the
Poway
Road
Specific
Plan
in
2017.
10. Other
Public
Agencies
Whose
Approval
is
Required
:
The
California
Department
of
Housing
and
Community
Development
(HCD)
reviews
and
determines
whether
the
Housing
Element
update
complies
with
the
State
of
California
law
and
certifies
the
Housing
Element
as
applicable.
No
other
approvals
by
outside
public
agencies
are
required.
11 . Have
California
Native
American
tribes
traditionally
and
culturally
affiliated
with
the
project
area
requested
consultation
pursuant
to
Public
Resources
Code
section
21080
.3.1
If
so
, is
there
a
plan
for
consultation
that
includes,
for
example,
the
determination
of
significance
of
impacts
to
tribal
cultural
resources
, procedures
regarding
confidentiality
, etc
.
In
accordance
with
Government
Codes
Sections
65352.3
and
65342
.4
and
Public
Resources
Code
Section
21080
.3.1,
the
City
of
Poway,
as
Lead
Agency,
sent
a
letter
to
the
Tribal
Representatives
notifying
the
tribes
identified
by
the
Native
American
Heritage
Commission
(NAHC)
of
the
proposed
project
in
accordance
with
AB
52 and
SB
18. The
City
received
responses
from
the
Rincon
Band
of
Luiseno
Indians
tribe,
which
noted
they
are
not
trad
itionally
and
culturally
affiliated
within
the
geographic
area
within
the
City
of
Poway's
jurisdiction
.
Responses
to
the
AB
52 and
SB
18 consultation
notices
were
received
and
consultation
concluded
as
discussed
in
this
document.
SUPPORTING
DOCUMENTATION:
City
of
Poway
General
Plan
and
EIR
for
the
General
Plan
Poway
Road
Specific
Plan
and
EIR
for
the
Poway
Road
Specific
Plan
City
of
Poway
Municipal
Code
City
of
Poway
2020-2029
Housing
Element
City
of
Poway
Subarea
Habitat
Conservation
Plan
(HCP)
NOTE
: Conducting
consultation
early
in
the
CEQA
process
allows
tribal
governments
, lead
agencies,
and
project
proponents
to
discuss
the
level
of
environmental
review
, identify
and
address
potential
adverse
impacts
to
tribal
cultural
resources
, and
reduce
the
potential
for
delay
and
conflict
in
the
environmental
review
process
. (See
Public
Resources
Code
section
21080
.3.2.) Information
may
also
be
available
from
the
California
Native
American
Heritage
Commission
's Sacred
Lands
File
per
Public
Resources
Code
section
5097
.96
and
the
California
Historical Resources
Information
System
administered
by
the
California
Office
of
Historic
Preservation
. Please
also
note
that
Public
Resources
Code
section
21082.3(c)
contains
provisions
specific
to
confident
iality
.
9 40
of
56 April 2, 2024, Item #8
EIS
and
Checklist
C.
EIS
and
Checklist
I. a. b. C. d. II.
ISSUE
AESTHETICS. Except
as
provided
in
Public
Code
Section
21099,
would
the
project:
Have
a substantial
adverse
effect
on
a scenic
vista?
Substantially
damage
scenic
resources,
including,
but
not
limited
to,
trees,
rock
outcroppings,
and
historic
buildings
within
a
State
scenic
hiqhwav?
In
non-urbanized
areas,
substantially
degrade
the
existing
visual
character
or
quality
of
public
views
of
the
site
and
its
surroundings?
(Public
views
are
those
that
are
experienced
from
publicly
accessible
vantage
point).
If
the
project
is
in
an
urbanized
area,
would
the
project
conflict
with
applicable
zoning
and
other
reaulations
governing
scenic
quality?
Create
a
new
source
of
substantial
light
or
glare
which
would
adversely
affect
day
or
nighttime
views
in
the
area? AGRICULTURAL
AND
FORESTRY
RESOURCES. In
determining
whether
impacts
to
agricultural
resources
are
significant
environmental
effects,
lead
agencies
may
refer
to
the
California
Agricultural
Land
Evaluation
and
Site
Assessment
Model
(1997)
prepared
by
the
California
Department
of
Conservation
as
an
optional
model
to
use
in
assessing
impacts
on
agriculture
and
farmland.
In
determining
whether
impacts
to
forest
resources,
including
timberland,
are
significant
environmental
effects,
lead
agencies
may
refer
to
information
compiled
by
the
California
Department
of
Forestry
and
Fire
Protection
regarding
the
41 of
56 I
POTENTIALLY SIGNIFICANT
IMPACT 11
-I
POTENTIALLY SIGNIFICANT
UNLESS
MITIGATION
INCORPORATED
Resolution
No
. 21-067 Page
14 LESS
THAN
SIGNIFICANT
IMPACT
:
NO
IMPACT
'.
X X X X
'
April 2, 2024, Item #8
EIS
and
Checklist
ISSUE
a.
Conflict
with
or
obstruct
implementation
of
the
applicable
air
quality
plan?
b.
Result
in
a
cumulatively
considerable
net
increase
of
any
criteria
pollutant
for
which
the
project
region
is
non-
attainment
under
an
applicable
federal
or
state
ambient
air
quality
standard?
C.
Expose
sensitive
receptors
to
substantial
pollutant
concentrations?
d.
Result
in
other
emissions
(such
as
those
leading
to
odors
adversely
affecting
a
substantial
number
of
• •
I?
IV.
BIOLOGICAL
RESOURCES.
Would
the
project:
a.
Have
a
substantial
adverse
effect,
either
directly
or
through
habitat
modifications,
on
any
species
identified
as
a
candidate,
sensitive,
or
special
status
species
in
local
or
regional
plans,
policies,
or
regulations,
or
by
the
California
Department
of
Fish
and
Game
or
U.S.
Fish
and
Wildlife
Service?
b.
Have
a
substantial
adverse
effect
on
any
riparian
habitat
or
other
sensitive
natural
community
identified
in
local
or
regional
plans,
policies,
regulations,
or
by
the
California
Department
of
Fish
and
Game
or
U.S.
Fish
and
Wildlife
Service?
C.
Have
a
substantial
adverse
effect
on
state
or
federally
protected
wetlands
(including,
but
not
limited
to,
marsh,
vernal
pool,
coastal,
etc.)
through
direct
removal,
filing,
hydrological
interruption,
or
other
means?
d.
Interfere
substantially
with
the
movement
of
any
native
resident
or
migratory
fish
or
wildlife
species
or
with
established
native
resident
migratory
wildlife
corridors,
or
42 of
56 POTENTIALLY
POTENTIALLY
SIGNIFICANT
SIGNIFICANT
UNLESS
IMPACT
MITIGATION
INCORPORATED
13 Resolution
No
. 21-067 Page
16 LESS
THAN
NO
SIGNIFICANT
IMPACT
IMPACT
X X X X X X X X
April 2, 2024, Item #8
EIS
and
Checklist
ISSUE
recent
Alquist-Priolo
Earthquake
Fault
Zoning
Map
issued
by
the
State
Geologist
for
the
area
or
based
on
other
substantial
evidence
of
a
known
fault?
Refer
to
Division
of
Mines
and
Geology
Special
Publication
42. ii)
Strong
seismic
ground
shaking?
iii)
Seismic-related
ground
failure,
including
liquefaction?
iv)
Landslides?
b.
Result
in
substantial
soil
erosion
or
the
loss
of
topsoil?
C.
Be
located
on
a geologic
unit
or
soil
that
is
unstable,
or
that
would
become
unstable
as
a
result
of
the
project,
and
potentially
result
in
on-
or
offsite
landslide,
lateral spreading,
subsidence,
liquefaction
or
collapse?
d.
Be
located
on
expansive
soil
, as
defined
in
Table
18-1-B
of
the
Uniform
Building
Code
(1994)
,
creating
substantial
direct
or
indirect
risk
to
life
or
orooertv?
e.
Have
soils
incapable
of
adequately
supporting
the
use
of
septic
tanks
or
alternative
wastewater
disposal
systems
where
sewers
are
not
available
for
the
disposal
of
wastewater?
f.
Directly
or
indirectly
destroy
a
unique
paleontological
resource
or
site
or
unique
geologic
feature?
43 of
56 POTENTIALLY
POTENTIALLY
SIGNIFICANT
SIGNIFICANT
UNLESS
IMPACT
MITIGATION
IN
CORPORA
TED
15 Resolution
No
. 21-067 Page
18 LESS
THAN
NO
SIGNIFICANT
IMPACT
IMPACT
X X X X X X X X
April 2, 2024, Item #8
EIS
and
Checklist
risk
of
loss,
injury
or
death
involving
a.
Violate
any
water
quality
standards
or
waste
discharge
requirements
or
otherwise substantially
degrade
surface
or
round
water
ualit
?
b.
Substantially
decrease
groundwater
supplies
or
interfere
substantially
with
groundwater
recharge
such
that
the
project
may
impede
sustainable
groundwater
management
of
the
basin?
c.
Substantially
alter
the
existing
drainage
pattern
of
the
site
or
area,
including
through
the
alteration
of
the
course
of
a stream
or
river,
or
through
the
addition
of
impervious
surfaces,
in
a
manner
which
would:
(i)
result
in
substantial
erosion
or
siltation
on-
or
offsite?
(ii)
substantially
increase
the
rate
or
amount
of
surface
runoff
in
a
matter
which
would
result
in
floodin
on-
or
offsite;
<iii)
create
or
contribute
runoff
water
which
would
exceed
the
capacity
of
existing
or
planned
stormwater
drainage
systems
or
provide
substantial
additional
sources
of
olluted
runoff;
or
d.
In
flood
hazard,
tsunami,
or
seiche
zones,
risk
release
of
pollutants
due
to
ro·ect
inundation?
e.
Conflict
with
or
obstruct
implementation
of
a
water
quality
control
plan
or
sustainable
roundwater mana
ement
Ian?
44 of
56 17
Resolution
No.
21-067 Page
20 X X X X X X X X X
April 2, 2024, Item #8
EIS
and
Checklist
extension
of
roads
or
other
infrastructure)?
b.
Displace
substantial
numbers
of
existing
people
or
housing,
necessitating
the
construction
of
re
lacement
housin
elsewhere?
a.
Would
the
project
result
in
substantial
adverse
physical
impacts
associated
. with
the
provision
of
new
or
physically
altered
governmental
facilities
, need
for
new
or
physically
altered
governmental
facilities,
the
construction
of
which
could
cause
significant
environmental
impacts,
in
order
to
maintain
acceptable
service
ratios,
response
times
or
other
performance
objectives
for
any
of
the
ublic
services
.
iii.
Schools?
iv.
Parks?
a.
Would
the
project
increase
the
use
of
existing
neighborhood
and
regional parks
or
other
recreational
facilities
such
that
substantial
physical
deterioration
of
the
facility
would
occur or
be
accelerated?
b.
Does
the
project
include
recreational
facilities
or
require
the
construction
or
expansion
of
recreational
facilities
which
might
have
an
adverse
• h
•
I
ff
t
th
•
t?
XVII.
TRANSPORTATION Would
the
project:
a.
Conflict
with
program
plan,
ordinance
or
policy
addressing
the
circulation
system
, including
transit,
roadway,
bicycle
and
pedestrian
facilities?
b.
Would
the
project
conflict
or
be
inconsistent
with
CEQA
Guidelines
section
15064
.3,
subdivision
(b}?
C.
Substantially
increase
hazards
due
to
a
geometric
design
feature
(e.g
.:
sharp
curves
or
dangerous
45 of
56 19
Resolution
No
. 21-067 Page
22 X X X
X X
X
April 2, 2024, Item #8
EIS
and
Checklist
b.
Have
sufficient
water
supplies
available
to
serve
the
project
and
reasonably
foreseeable
future
development
during
normal
, dry
and
multiole
dry
years?
C.
Result
in
the
determination
by
the
wastewater
treatment
provider,
which
serves
or
may
serve
the
project,
that
it
has
adequate
capacity
to
serve
the
project's
projected
demand
in
addition
to
the
provider's
existinq
commitments?
d.
Generate
solid
waste
in
excess
of
state
or
local standards,
or
in
excess
of
the capacity
of
local
infrastructure,
or
otherwise
impair
the
attainment
of
solid
waste
reduction
qoals?
e.
Comply
with
federal,
state
and
local
management
and
reduction
statutes
and
regulations
related
to
solid
waste?
XX.
WILDFIRE
If
located
in
or
near
State
responsibility
areas
or
lands
classified
as
very
high
fire
hazard
severity
zones
, would
the
project:
a.
Substantially
impair
an
adopted
emergency
response
plan
or
emeraencv
evacuation
plan?
b. Due
to
slope,
prevailing
winds
, and
other
factors,
exacerbate
wildfire
risks,
and
thereby
expose
project
occupants
to,
pollutant
concentrations
from
a
wildfire
or
the
uncontrolled
spread
of
a
wildfire?
C.
Require
the
installation
or
maintenance
of
associated
infrastructure
(such
as
roads,
fuel
breaks,
emergency
water
sources,
power
lines
or
other
utilities)
that
may
exacerbate
fire
risk
or
that
may
result
in
temporary
or
ongoing
impacts
to
the
environment?
d.
Expose
people
or
structures to
significant
risks,
including
downslope
or
downstream
flooding
or
landslides
,
as
a
result
of
runoff,
post-fire
slope
instabilitv,
or
drainage
changes?
46 of
56 :
21 Resolution
No
. 21
-067
Page
24 X
-
X X X
' ' '
X X X X
April 2, 2024, Item #8
Resolution
No
. 21-067 Page
26 EIS
and
Checklist
D.
47 of
56 DISCUSSION
OF
ENVIRONMENTAL
EVALUATION
Please
refer
to
the
Environmental Initial
Study
Checklist
Form
above
when
reading
the
following
evaluation
.
I.
AESTHETICS
:
a.
No
Impact.
The
2020-2029
Housing
Element
identifies
an
assigned
RHNA
allocation
of
1,319
housing
units
for
development
from
June
30,
2020
through
April
29,
2029.
To
ensure
that
significant
impacts
to
scenic
vistas
or
scenic
resources
do
not
occur,
future
development
of
residential
uses
will
be
in
accordance
with
applicable
City
standards
and
guidelines,
as
well
as
requirements
mandated
during
the
environmental
review
of
individual
projects
.
In
addition,
new
residential
development,
with
the
exception
of
new
affordable
housing,
may
be
subject
to
a
Development
Review
permit
by
the
City
Council
• that
will
address
project
design
issues
pursuant
to
the
requirements
of
the
Poway
Municipal
Code
(PMC).
The
same
standards,
guidelines
and
Development
Review
requirements
would
also
address
aesthetics
maintaining
the
existing
visual
character
of
the
individual
sites
and
surroundings
and
address
potential
light
and
glare
impacts
from
a
specific
design
proposal.
Affordable
housing
will
be
subject
to
a
design
review
process
that
will
be
intended
to
also
maintain
the
existing
visual
character
of
the
individual
sites
and
surroundings
and
address
potential
light
and
glare
impacts
from
a
specific
design
proposal.
Therefore,
adherence
to
City
standards
and/or
requirements
will
result
in
no
impacts.
No
mitigation
measures
are
required
.
b.
See
response
I.a.
above.
c.
See
response
I.a.
above.
d.
See
response
I.a
. above
.
II.
AGRICULTURAL
AND
FORESTRY_RESOURCES:
a.
No
Impact.
There
is
no
land
within
the
City
of
Poway
that
is
shown
as
Prime
Farmland,
Unique
Farmland
or
Farmland
of
statewide
Importance
on
the
San
Diego
County
Important
Farmland
map
produced
by
the State
Department
of
Conservation,
Division
of
Land
Resource
Protection,
Farmland
Mapping
and
Monitoring
Program
(California
Department
of
Conservation
2008).
Therefore,
there
would
be
no
impacts
to
agricultural
resources
. The
2020-2029
Housing
Element
does
not
change
any
boundaries
or
the
potential
for
agricultural
activities
.
There
are
no
proposals
contained
in
the
Housing
Element
update
to
convert
Prime
Farmland
or
any
farmland
of
unique
or
statewide
Importance.
There
are
also
no
proposals
that
would
conflict
with
existing
agricultural
zoning
or
a
Williamson
Act
contract,
or
result
in
the
conversion
of
Prime
Farmland,
Unique
Farmland,
or
Farmland
of
statewide
Importance
to
non-agricultural
use,
or
conversion or
loss
of
forest
land
. In
addition,
because
the
City
does
not
contain
forest
land,
there
is
no
rezoning
or
development
proposed
on
forest
land,
or
land
23 April 2, 2024, Item #8
Resolution
No.
21-067 Page
28 EIS
and
Checklist
48 of
56 IV.
BIOLOGICAL
RESOURCES:
a.
Less
than
Significant
Impact.
The
2020-2029
Housing
Element
identifies
an
assigned
growth
need
of
1,319
housing
units
for
development
from
June
30,
2020
through
April
29,
2029.
Of
that
total,
519
housing
units
were
under
construction
or
entitled
as
of
December
2020,
leaving
a
remaining
need
of
800
housing
units.
Approximately
53 percent
of
the
City's
land
area
is
within
the
Mitigation
Area
of
the
Poway
Subarea
Habitat
Conservation
Plan
(HCP).
The
Poway
Subarea
lies
in
an
area
of
overlap
between
two
sub-regional
NCCP
plan
areas
in
the
San
Diego
region:
the
MSCP
and
the
MHCP.
The
northern
edge
of
the
Poway Subarea
also
overlaps
the
Focused
Planning
Area
of
the
San
Dieguito
River
Valley
Park.
The
sites
identified
as
appropriate
for
low-
and
moderate
income
housing
are
not
located
within
the
Mitigation
Area
of
the
HCP.
However,
it
is
expected
that
above
moderate-income
housing
may
be
constructed within
the
rural
residential
areas
of
the
City
that
coincide
with
the
boundaries
of
the
HCP
Mitigation
Area.
Without
a
specific
project,
it is
not
possible
to
anticipate
how
the
development
of
these
new
housing
units
will
potentially
impact
sensitive
biological resources
including
riparian
habitats,
federally
protected
wetlands
or
other
sensitive
natural
communities,
however,
no
conflict
with
the
provisions
of
the
HCP
is
proposed
or
anticipated
and
compliance
will
be
required.
The
HCP
requires
limitations
on
the
amount
of
biological
impact
on
each
property
and
a
Biological
Conservation
Easement
(BCE)
will
be
required
as
properties
develop.
It
is
also
not
possible
to
anticipate
how
the
development
of
new
housing
will
specifically
affect
the
movement
of
native
resident
or
migratory
fish
or
wildlife
species,
adversely
affect
wildlife
corridors
or
impeded
the
use
of
native
wildlife
nursery
sites.
The
City
does
have
a
tree
protection
ordinance
(Poway
Municipal
Code
Chapter
12.32)
and
a
tree
inventory
on
a
specific
property
will
be
required
to
evaluate
the
need
to
mitigate
any
tree
removals
as
specified
by
City
codes.
To
ensure
significant
impacts
to
sensitive
biological
resources
do
not
occur,
future
development
of
residential
units
will
be
in
accordance
with
applicable
City
standards
and
guidelines,
the
HCP,
the
State
and
Federal
Endangered
Species
Act,
as
well
as
requirements
mandated
during
the
environmental
review
of
individual
projects
for
sites
identified
for
above
moderate-income
housing.
Adherence
to
such
requirements
will
reduce
potential
impacts
associated
with
biological
resources
to
less
than
a
significant
level.
No
mitigation
measures
are
required
.
c.
See
response
IV.a.
above.
d.
See
response
IV.a
. above.
e.
See
response
IV.a.
above.
f.
No
Impact.
See
response
IV.a.
above.
V.
CULTURAL
RESOURCES
:
a.
Less
than
Significant
Impact.
CEQA
Guidelines Section
15064.5
defines
historic
resources
as
any object,
building,
structure,
site,
area,
place,
record,
manuscript
or
other
resource
listed
or
determined
to
be
eligible
for
listing
by
the
25 April 2, 2024, Item #8
Resolution
No
. 21-067 Page
30 EIS
and
Checklist
49 of
56 production
resulting
from
the
combustion
of
fossil
fuels
for
transportation
purposes.
Adherence
to
such
requirements
will
reduce
potential
impacts
associated
greenhouse
gas
emissions
to
less
than
a
significant
level.
According
to
the
U.S.
Environmental
Protection
Agency,
the
burning
of
fossil
fuels
, along
with
deforestation
, has
caused
the
concentrations
of
heat-trapping
greenhouse
gasses
(GHGs)
to
increase
significantly
in
the
earth's
atmosphere
(U
.S.
Environmental
Protection
Agency
2012)
. The
increase
in
GHGs
results
in
global
warm
ing,
as
more
heat
is
trapped
in
the
atmosphere
.
The
2020-2029
Housing
Element
would
not,
in
itself
,
produce
environmental
impacts
.
The
Housing
Element
update identifies
sites
that
can
accommodate
the
City's
RHNA
of
1,319
new
housing
units
through
2029.
The
potential impacts
related
to
GHG
emissions
and
global
warming
for
any
specific
future
residential
projects
may
be
assessed
at
the
time
the
projects
are
actually
proposed
.
Mitigat
ion
measures
would
be
adopted
as
necessary
, in
conformance
with
CEQA.
No
mitigation
measures
are
required
.
b.
No
Impact.
See
response
VI.a
. above.
VII.
GEOLOGY
AND
SOILS:
a.i)
Less
Than
Significant
Impact.
The
2020-2029
Housing
Element
identifies
adequate
sites
in
areas
already
designated
for
residential
and
mixed-use
use
to
meet
the
City's
RHNA.
The
project
will
not
result
in
the
approval
of
any
physical
improvements
and
does
not
propose
any
changes
to
the
General
Plan
Community
Development
Element,
to
a
base
designation,
or
to
any
physical
development
standards
.
Though
it
proposes
neither
specific
development
projects
nor
changes
in
base
zoning,
the
Housing
Element
Update
identifies
opportunity
sites
that
are
feasible
for
development.
The
2020-2029
Housing
Element
could
indirectly
result
in
residential
development
and
improvement,
the
development
would
occur
in
residential
and
mixed-use
areas
of
the
City
already
designated
in
the
General
Plan
for
housing
.
Therefore,
development
within
these
sites
and
their
associated
impacts
have
already
been
accounted
for
in
association
with
the
adopted
General
Plan
or
Specific
Plan
.
In
addition,
any
future
development
projects
supported
by
the
2020-2029
Housing
Element
would
be
evaluated
at
the
project
proposal
stage
and
subject
to
the
state,
regional,
and
local
plans
, and
the policies
therein
.
The
2020-2029
Housing
Element
identifies
an
assigned
growth
need
of
1,319
housing
units
for
development
from
June
30,
2020
through
April
29,
2029.
Of
that
total,
519
housing
units
were
under
construction
or
entitled
as
of
December
2020,
leaving
a
remaining
need
of
800
housing
units.
Murphy
Canyon
Fault
is
the
nearest
main
southern
California
fault
, located
approximately
nine
miles
southwest
of
the
City
jurisdictional
boundary.
Three
major
fault
systems
within
the
project
vicinity
include
the
Elsinore,
San
Jacinto
and
Rose
Canyon
faults.
The
active
Elsinore
fault
trends
northwest
and
is
about
22 miles
northeast
of
Poway.
The
San
Jacinto
fault
is
also
an
active
northwest-trending
fault
about
45 miles
northeast
of
Poway
. The
Rose
Canyon
fault
is
located
about
16 to
20 miles
west
of
Poway
in
the
Pacific
Ocean
and
is
considered
potentially
active.
There
is
potential
for
some
local
damage
in
the
event
of
a
major
earthquake
along
one
of
these
fault
systems
which
could
result
in
significant
impacts
to
facilities
in
the
City.
While
the
potential
for
onsite
rupture
cannot
be
completely
discounted
(e.g.,
unmapped
27 April 2, 2024, Item #8
Resolution
No.
21-067 Page
32 EIS
and
Checklist
50 of
56 number
of
new
vehicle
trips
typically
associated
with
residential
projects
and,
thus,
would
help
to
reduce
GHG
production
resulting
from
the
combustion
of
fossil
fuels
for
transportation
purposes.
Adherence
to
such
requirements
will
reduce
potential impacts
associated
greenhouse
gas
emissions
to
less
than
a
significant
level.
No
mitigation
measures
are
required.
No
conflict
with
an
applicable
plan,
policy
or
regulation
adopted
for
the
purpose
of
reducing
the
emissions
of
greenhouse
gases
is
anticipated
or
proposed.
b.
No
Impact.
See
response
VIII.a
. above.
IX.
HAZARDS
AND
HAZARDOUS
MATERIALS:
a.
Less
Than
Significant
Impact.
The
2020-2029
Housing
Element
identifies
adequate
sites
in
areas already
designated
for
residential
and
mixed-use
use
to
meet
the
City's
RHNA.
The
project
will
not
result
in
the
approval
of
any
physical
improvements
and
does
not
propose
any
changes
to
the
General
Plan
Community
Development
Element,
to
a
base
designation,
or
to
any
physical
development
standards
.
Though
it
proposes
neither
specific
development
projects
nor
changes
in
base
zoning,
the
Housing
Element
Update
identifies
opportunity
sites
that
are
feasible
for
development.
The
2020-2029
Housing
Element
could
indirectly
result
in
residential
development
and
improvement,
the
development
would
occur
in
residential
and
mixed-use
areas
of
the
City
already
designated
in
the
General
Plan
for
housing.
Therefore,
development
within
these
sites
and
their
associated
impacts
have
already
been
accounted
for
in
association
with
the
adopted
General
Plan
or
Specific
Plan.
In
addition,
any
future
development
projects
supported
by
the
2020-2029
Housing
Element
would
be
evaluated
at
the
project
proposal
stage
and
subject
to
the state,
regional,
and
local
plans,
and
the
policies
therein
.
The
2020-2029
Housing
Element
identifies
an
assigned
growth
need
of
1,319
housing
units
for
development
from
June
30 ,
2020
through
April
29,
2029
.
Of
that
total,
519
housing
units
were
under
construction
or
entitled
as
of
December
2020,
leaving
a
remaining
need
of
800
housing
units
.
The
potential
release
of
hazardous
materials
is
an
ongoing
condition
that
is
regulated
by
federal
, state
and
local
regulations
.
This
condition
will
exist
with
or
without
the
project.
The
development
of
residential
units
will
take
place
on
undeveloped
or
underutilized
land.
Incidental
amounts
of
hazardous
materials
may
be
utilized
during
the
construction
and/or
occupation
of
new
residential
units.
In
addition,
it
is
anticipated
that
the
nature
and
quantity
of
hazardous
materials
util
ized
will
be
typical
of
those
of
residential
uses
and
would
not
be
significant.
The
City
of
Poway
is
not
located
within
an
area
of
influence
of
an
airport
land
use
plan
and
is
not
located
within
two
miles
of
a
public
airport
.
It
also
does
not
contain
any
pr
ivate
airstrips
.
Development
of
residential
units
will
be
consistent
with
applicable
requirements
of
adopted
emergency
response/evacuation
plans
.
New
res
idential
development
may
be
located
adjacent
to
areas
with
a significant
risk
for
property
damage
or
injury
resulting
from
wildland
fires.
The
City
has
adopted
the
Wi
ldland
Urban
Interface
Code
to
address
potential
impacts
in
these
areas.
An
analysis
of
potential
impacts
with
regard
to
hazards
and
hazardous
29 April 2, 2024, Item #8
Resolution
No.
21-067 Page
34 EIS
and
Checklist
51 of
56 level
and
all
weather
access.
In
addition,
a
hydrology
study,
completed
by
a
qualified
civil
or
hydrological
engineer
is
required
for
housing
sites.
The
study
must
show that
there
will
be
no
changes
to
the
downstream
or
upstream
100-
year
floodplain
with
the
new
construction.
The
2020-2029
Housing
Element
identifies
adequate
sites
in
areas
already
designated
for
residential
and
mixed
use
use
to
meet
the
City's
RHNA.
The
project
will
not
result
in
the
approval
of
any
physical
improvements
and
does
not
propose
any
changes
to
the
General
Plan
Community
Development
Element,
to
a
base
designation,
or
to
any
physical
development
standards
.
Though
it
proposes
neither
specific
development
projects
nor
changes
in
base
zoning,
the
Housing
Element
Update
identifies
opportunity
sites
that
are
feasible
for
development.
The
2020-2029
Housing
Element
could
indirectly
result
in
residential
development
and
improvement,
the
development
would
occur
in
residential
and
mixed-use
areas
of
the
City
already
designated
in
the
General
Plan
for
housing
.
Therefore,
development
within
these
sites
and
their
associated
impacts
have
already
been
accounted
for
in
association
with
the
adopted
General
Plan
or
Specific
Plan.
In
addition,
any
future
development
projects
supported
by
the
2020-2029
Housing
Element
would
be
evaluated
at
the
project proposal
stage
and
subject
to
the
state,
regional,
and
local
plans,
and
the
policies
therein
.
During
the
environmental
review
of
any
future
housing
project
for
housing
sites,
the
development
will
be
reviewed
to
ensure
compliance
with
city
and
federal
standards
for
flood
protection.
New
projects
that
propose
housing
for
very
low
and
low-income
households
can
be
developed
by-right,
however,
will
have
to
comply
with
General
Plan
policies
and
PMC
requirements
for
development
within
a
floodplain
.
The
City
requires
a
Floodplain
Development
Permit
(ministerial)
for
any
development
within
a
floodplain
that
ensures
compliance
with
all
city
floodplain
regulations.
Adherence
to
applicable
city,
state
and/or
federal
regulations
will
be
applied
at
that
time
and
will
reduce
the
potential
impacts
to
below
a
level
of
significance.
No
mitigation
is
required.
The
City
is
not
located
adjacent
to
coastal
waters
so
no
impact
related
to
tsunamis
would
occur.
The
design,
construction,
placement
and
maintenance
of
any
water
retention,
detention
facilities
would
adhere
to
applicable
city
building
code
standards
and/or
previously
referenced
flood/erosion
control
requirements.
Therefore,
potential
impacts associated
with
seiche
or
mudflows
would
be
reduced
to
a
less
than
significant
level.
No
mitigation
is
required.
b.
See
response
X.a
. above.
c.
See
response
X.a.
above.
c.i)
See
response
X.a.
above.
c.ii)
See
response
X.a.
above
.
c.iii-iv)
See
response
X.a
. above
.
d.
See
response
X.a
. above.
31 April 2, 2024, Item #8
Resolution
No.
21-067 Page
36 EIS
and
Checklist
52 of
56 does
not
allow
for
or
provide
housing.
Therefore,
no
impacts
would
result.
No
mitigation
is
required
.
b.
See
response
XII.a.
above
.
XIII.
NOISE: a.
Less
Than
Significant
Impact.
The
2020-2029
Housing
Element
identifies
adequate
sites
in
areas
already
designated
for
residential
and
mixed-use
use
to
meet
the
City's
RHNA.
The
project
will
not
result
in
the
approval
of
any
physical
improvements
and
does
not
propose
any
changes
to
the
General
Plan
Community
Development
Element,
to
a
base
designation,
or
to
any
physical
development
standards.
Though
it
proposes
neither
specific
development
projects
nor
changes
in
base
zoning,
the
Housing
Element
Update
identifies
opportunity
sites
that
are
feasible
for
development.
The
2020-2029
Housing
Element
could
indirectly
result
in
residential
development
and
improvement,
the
development
would
occur
in
residential
and
mixed-use
areas
of
the
City
already
designated
in
the
General
Plan
for
housing.
Therefore,
development
within
these
sites
and
their
associated
impacts
have
already
been
accounted
for
in
association
with
the
adopted
General
Plan
or
Specific
Plan.
In
addition,
any
future
development
projects
supported
by
the
2020-2029
Housing
Element
would
be
evaluated
at
the
project
proposal
stage
and
subject
to
the
state,
regional,
and
local
plans,
and
the
policies
therein.
The
2020-2029
Housing
Element
identifies
an
assigned
growth
need
of
1,319
housing
units
for
development
from
June
30,
2020
through
April
29,
2029.
Of
that
total,
519
housing
units
were
under
construction
or
entitled
as
of
December
2020,
leaving
a
remaining
need
of
800
housing
units.
Without
specific
details
regarding
each
new
housing
development,
it
is
not
possible
to
determine
potential
noise
impacts
and
specific
mitigation
measures.
However,
city
codes
have
established
noise
level
limits
for
residential
development
and
noise
mitigation
measures
are
required
as
part
of
any
new
residential
development.
This
includes
the
provision
of
noise
attenuation
walls
for
protection
from
traffic
noise
and
compliance
with
building
code
requirements
for
interior
noise
levels
.
All
future
development
for
housing
may
be
subject
to
site-specific
environmental
studies
with
regard
to
noise
impacts
and
compliance
with
city
codes
and
policies
would
be
required
.
New
projects
that
propose
housing
for
very
low-
and
low-income
households
can
be
developed
by-right,
however, will
be
required
to
comply
with
General
Plan
policies
and
PMC
requirements
for
noise
compliance
for
residential
developments
.
Adherence
to
applicable
city
regulations
would
reduce
the
potential
impacts
to
below
a
level
of
significance.
No
mitigation
is
required
.
b.
See
response
XIII.a.
above.
c.
No
Impact.
See
response
XIII.a.
above.
d.
Less
Than
Significant Impact.
See
response
XIII.a.
above.
XIV.
POPULATION
AND
HOUSING:
33 April 2, 2024, Item #8
Resolution
No
. 21-067 Page
38 EIS
and
Checklist
53 of
56 Poway.
Public
services
are
adequate
to
serve
current
and
future
population.
Implementation
of
the
2020-2029
Housing
Element
is
not
expected
to
increase
the
demand
for
public
services.
Development
of
additional
housing
as
identified
in
the
2020-2029
Housing
Element
is
consistent
with
the
anticipated
population
growth
in
the
Poway
General
Plan
and
could
potentially
increase
the
demand
on
schools
.
All
new
residential
development
is
required
to
pay
school
impact
fees
to
offset
the
cost
of
providing
additional
services
.
Park-in
lieu
fees
or
the
provision
for
park
land
and
improvements
will
be
required
with
the
development
of
any
new
housing
development
to
offset
any
impacts
to
park
services.
Impacts
to
public
services
will
be
less
than
significant.
No
mitigation
is
required.
a.ii.
Police
Protection
-
See
response
XV.a.
above
.
a.iii.
Schools
-
See
response
XV.a
. above
.
a.iv.
Parks
-
See
response
XV.a.
above
.
a.v.
Other
Public
Facilities
-
See
response
XV.a.
above
.
XVI.
RECREATION: a.
Less
Than
Significant
Impact.
The
City
currently
has
17 parks,
including
two
regional
park
facilities
(Blue
Sky
Ecological
Preserve
and
Lake
Poway),
78 miles
of
trails
and
over
5,000
acres
of
dedicated
open
space.
New
development
anticipated
by
the
2020-2029
Housing
Element
may
increase
the
demand
for
parks
and
recreation
facilities
in
the
City.
Projects
would
be
required
to
pay
park
in-lieu
impact
fees
or
provide
park
land
and
improvements
pursuant
to
City
codes
. The
City
has
adequate
park
and
recreation
facilities
to
serve
existing
and
future
population
.
New
projects
that
propose
housing
will
be
encouraged
to
include
private
park/recreation
areas
within
individual
developments.
Impacts
will
be
less
than
significant.
No
mitigation
measures
are
requ
ired.
b.
See
response
XVI.a.
above.
XVII.
TRANSPORTATION:
a.
No
Impact.
The
2020-2029
Housing
Element
would
not
expand
the
area
in
which
development
is
permitted
under
the
General
Plan
or Zoning
Ordinance.
The
2020-2029
Housing
Element
identifies
adequate
sites
in
areas
already
designated
for
residential
and
mixed-use
use
to
meet
the
City's
RHNA.
The
project
will
not
result
in
the
approval
of
any
physical
improvements
and
does
not
propose
any
changes
to
the
General
Plan
Community
Development
Element,
to
a
base
designation,
or
to
any
physical
development
standards
.
Though
it
proposes
neither
specific
development
projects
nor
changes
in
base
zoning,
the
Housing
Element
Update
identifies
opportunity
sites
that
are feasible
for
development.
The 2020-2029
Housing
Element
could
indirectly
result
in
residential
development
and
improvement,
the
development
would
occur
in
residential
and
mixed-use
areas
of
the
City
already
designated
in
the
General
Plan
for
housing
.
Therefore,
development
within
these
sites
and
their
associated
impacts
have
already
35 April 2, 2024, Item #8
Resolution
No
. 21-067 Page
40 EIS
and
Checklist
54 of
56 California
Office
of
Planning
and
Research's
Tribal
Consultation
Guidelines
(2005),
"the
intent
of
SB
18 is
to
provide
California
Native
American
tribes
an
opportunity
to
participate
in
local
land
use
decisions
at
an
early
planning
stage,
for
the
purpose
of
protecting,
or
mitigating
impacts
to
cultural
places
."
In
accordance
with
Government
Codes
Sections
65352.3
and
65342.4
and
Public
Resources
Code
Section
21080.3.1,
the
City
of
Poway,
as
Lead
Agency,
sent
a
letter
to
the
Tribal
Representatives
notifying
the
tribes
identified
by
the
Native
American
Heritage
Commission
(NAHC)
of
the
proposed
project
in
accordance
with
AB
52 and
SB
18. The
City
received
responses
from
the
Rincon
Band
of
Luiseno
Indians
tribe,
which
noted
they
are
not
traditionally
and
culturally
affiliated
within
the
geographic
area
within
the
City
of
Poway's
jurisdiction
.
Responses
to
the
AB
52 and
SB
18 consultation
notices
were
received
and
consultation
concluded.
Future
housing
projects
will
require
AB
52 and
SB
18 consultation
and
sacred
lands
file
searches
as
applicable.
The
2020-2029
Housing
Element
identifies
an
assigned
growth
need
of
1,319
housing
units
for
development
from
June
30,
2020
through
April
29,
2029.
Of
that
total,
519
housing
units
were
under
construction
or
entitled
as
of
December
2020,
leaving
a
remaining
need
of
800
housing
units.
To
ensure
significant
impacts
to
cultural
resources
do
not
occur,
future
development
of
residential
units
will
be
in
accordance
with
applicable
city,
state,
and
federal
standards
and
guidelines
including
General
Plan
policies
and
PMC
regulations.
The
City
has
adopted
a
list
of
Historical
Sites
List
which
is
implemented
through
the
City's
Historical
Structure
Ordinance
(PMC
Chapter
17.45).
The
City's
General
Plan
also
includes
a
Prehistoric
and
Historic
Resources
Element,
which
identifies
archaeologically
sensitive
areas
within
the
City.
If
a
site
identified
in
the
Residential
Sites
Inventory
has
a
high
or
moderate
probability
of
containing
historically
sensitive
areas,
an
archaeological
report
may
be
required.
Any
recommended
mitigation
measures
would
be
made
conditions
of
any
project
approval.
Adherence
to
such
requirements
will
reduce
potential
impacts
associated
with
cultural
resources
to
less
than
a
significant
level.
No
mitigation
measures
are
required.
a.ii)
See
response
XVlll.a.i.
above
.
XIX.
UTILITIES
AND
SERVICE
SYSTEMS:
a.
Less
Than
Significant
Impact.
The
2020-2029
Housing
Element
identifies
adequate
sites
in
areas
already
designated
for
residential
and
mixed-use
use
to
meet
the
City's
RHNA.
The
project
will
not
result
in
the
approval
of
any
physical
improvements
and
does
not
propose
any
changes
to
the
General
Plan
Community
Development
Element,
to
a
base
designation,
or
to
any
physical
development
standards.
Though
it
proposes
neither
specific
development
projects
nor
changes
in
base
zoning,
the
Housing
Element
Update
identifies
opportunity
sites
that
are
feasible
for
development.
The
2020-2029
Housing
Element
could
indirectly
result
in
residential
development
and
improvement,
the
development
would
occur
in
residential
and
mixed-use
areas
of
the
City
already
designated
in
the
General
Plan
for
housing.
Therefore,
development
within
these
sites
and
their
associated
impacts
have
already
been
accounted
for
in
37 April 2, 2024, Item #8
Resolution
No
. 21
-067
Page
42 EIS
and
Checklist
55 of
56 The
City
of
Poway
adopts
by
reference
the
International
Fire
Code
and
the
California
Fire
Code
.
Local
amendments
are
included
in
the
triennial
adoption
process
that
addresses
Poway's
unique
climatic,
geologic,
and
topographic
characteristics.
This
adoption
creates
Poway's
Fire
Code
within
the
Poway
Municipal
Code.
The
2020
-2029
Housing
Element
identifies
adequate
sites
in
areas
already
designated
for
residential
and
mixed-use
use
to
meet
the
City's
RHNA
.
The
project
will
not
result
in
the
approval
of
any
physical
improvements
and
does
not
propose
any
changes
to
the
General
Plan
Community
Development
Element,
to
a
base
designation,
or
to
any
physical
development
standards
.
Though
it
proposes
neither
specific development
projects
nor
changes
in
base
zoning,
the
2020-2029
Housing
Element
identifies
opportunity
sites
that
are
feasible
for
development.
The
2020-2029
Housing
Element
could
indirectly
result
in
residential
development
and
improvement,
the
development
would
occur
in
residential
and
mixed-use
areas
of
the
City
already
designated
in
the
General
Plan
for
housing.
Therefore,
development
within
these
sites
and
their
associated
impacts
have
already
been
accounted
for
in
association
with
the
adopted
General
Plan
or
Specific
Plan
.
In
addition,
any
future
development
projects
supported
by
the
2020
-2029
Housing
Element
would
be
evaluated
at the
project
proposal
stage
and
subject
to
the
state,
regional,
and
local
plans,
and
the
policies therein.
The
2020-2029
Housing
Element
update
identifies
an
assigned
growth
need
of
1,319
housing
units
for
development
from
June
30 , 2020
through
April
15,
2029.
Of
that
total,
519
housing
units
were
under construction
or
entitled
as
of
December
2020,
leaving
a
remaining
need
of
800
housing
units.
The
project
does
not
substantially
impair
an
adopted
emergency
response
plan
or
emergency
evacuation
plan.
The
project
does
not
exacerbate
wildfire
risks,
nor
expose
project
occupants
to
pollutant
concentrations
from
a
wildfire
or
the
uncontrolled
spread
of
a wildfire
.
The
project
does
not
require
the
installation
or
maintenance
of
associated
infrastructure
(such
as
roads,
fuel
breaks,
emergency
water
sources,
power
lines
or
other utilities)
that
may
exacerbate
fire
risk
or
that
may
result
in
temporary
or
ongoing
impacts
to
the
environment.
The
project
does
not
expose
people
or
structures
to
significant
risks,
including
downslope
or
downstream
flooding
or
landslides,
as
a result
of
runoff,
post-fire
slope
instability,
or
drainage
changes
.
New
projects
that
propose
housing
for
very
low-
and
low
income
households
can
be
developed
by-right,
however,
will
have
to
comply
with
General
Plan
policies
and
PMC
requirements
to
address
any
potential
wildfire
risks.
Adherence
to
applicable
city
policies
and
regulations
would
be
required
at
that
time
and
would
reduce
the
potential
impacts
to
below
a
level
of
significance
.
No
mitigation
is
required
.
b.
See
response
XX
.a
. above.
c.
See
response
XX.a
. above.
d.
See
response
XX.a
. above.
XXI.
MANDATORY
FINDING
OF
SIGNIFICANCE
:
39 April 2, 2024, Item #8
EIS
and
Checklist
Attachment(s): I
A
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32°
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56 of
56 Exhibit
A
Project
Location
Map
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Legend
Resolution
No.
21-067 Page
44 ..
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Coordinate
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1 of 111
April 2, 2024, Item #9
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
April 2, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services fot,
Hector Salgado, Senior Planner l' -~
858-668-4656 or [email protected]
CITY COUNCIL
Specific Plan (SP) 22-0001, Environmental assessment (EA) 23-0001, General Plan Amendment (GPA) 22-0001, Zone Change (ZC) 22-0001, Zoning Ordinance Amendment (ZOA) 24-0001, Tentative Tract Map (TTM) 22-0001 and Development Review (DR) 23-0003; a request to adopt a specific plan, subdivide 11.5 acres of land and construct 63 new single-family residences, preserve one locally designated historic home and certify the associated Environmental Impact Report (EIR) The applicant is requesting to subdivide 11.5 acres of land, to construct 63 homes, preserve one locally designated historic home and adopt a new specific plan governing the regulatory framework of the new subdivision located at 12623, 12624, 12650, 12702 Oak Knoll Road and six additional vacant parcels in the Residential Single Family 7 (RS-7) zone.
Recommended Action:
It is recommended the City Council take public input, close the public hearing, adopt the Resolutions (Attachments A-C) and introduce the Ordinances (Attachments D&E) for first reading by title only, waive further reading, and schedule the adoption for April 16, 2024.
Discussion:
The applicant is Lennar Homes and the property owner is Harmon Family Trust B 07-02-90. The approximately 11 .5-acre project site is located at 12623, 12624, 12650, and 12702 Oak Knoll Road and six additional vacant parcels within the southern area of City of Poway, along Oak Knoll Road, south of Poway Road and west of Carriage Road. The project location and zoning map is included as Attachment F. The project site is currently designated Residential Single Family 7 (RS-7) in the City of Poway General Plan, and similarly zoned RS-7, which permits single-family homes on a minimum of 4,500 square foot lots and a maximum density of eight dwelling units per acre (du/ac). The majority of the site has been cleared for several years and was recently used as a construction staging yard for an SDG&E gas line project. The site includes four existing single-family residences. One of the existing homes is a locally designated historic building located at 12702 Oak Knoll Road. The historic building was built in 1933 and is constructed of cobblestones. The building is presently designated as City of 2 of 111
April 2, 2024, Item #9
Poway
Historical
Site
113
and
is
documented
and
known
as
the
"Harmon
House."
The
historic
building
would
be
retained
in
place.
The
other
three
existing
single-family
homes
are
not
designated
as
historic
and
would
be
demolished
prior
to
project
construction.
The
project
is
located
on
both
sides
of
Oak
Knoll
Road.
The
four
new
units
on
the
southern
portion
of
the
project
will
all
be
accessed
directly
from
Oak
Knoll
Road,
the
59 new
units
on
the
northern
portion
of
the
project
will
take
access
from
Oak
Knoll
Road
onto
a private
looped
street
and
the
existing
locally
designated
historic
home
will
maintain
access
from
Oak
Knoll
Road.
The
project
is
not
within
the
Very
High
Fire
Hazard
zone
and
the
Fire
Department
has
determined
the
single
access
is
adequate.
The
project
will
include
several
open
space
areas
within
the
project.
The
project
land
use
plan
is
shown
in
Attachment
G.
The
applicant
is
proposing
a
specific
plan
as
part
of
the
project;
a
specific
plan
establishes
a
development
plan
for
a
specific
area,
allowing
a
project
to
modify
the
zoning
standards
of
the
municipal
code
that
are
only
applicable
to
that
project
area.
The
use
of
specific
plans
for
development
projects
is
not
new.
However,
both
the
state
and
county
are
strongly
encouraging
the
use
of
specific
plans
as
a
tool
to
increase
density
while
still
providing
local
land
use
control
via
the
discretionary
approval
process.
Specific
design
goals
are
established
to
implement
other
policies
of
the
General
Plan.
In
2023,
the
San
Diego
County
Grand
Jury
produced
a
report
to
address
the
local
housing
crisis
and
one
of
their
recommendations
was
the
use
of
specific
plans.
Also,
the
city's
Housing
Element
acknowledges
the
use
of
specific
plans
as
an
appropriate
development
planning
process
.
The
Harmon
Ranch
Specific
Plan
(HRSP)
would
include
63 new
single
family
detached
homes,
plus
the
one
existing
historic
home
on-site
for
a
total
of
64 residential
lots
within
the
HRSP
boundary
(Attachment
H).
The
project
proposes
approximately
5.71 acres
designated
for
new
residential
development,
a
0.25-acre
historic
home
site,
3.18 acres
of
open
space
areas,
1.88 acres
for
private
streets
and
0.49 acres
of
public
right-of-way
(ROW)
on
Oak
Knoll
Road
. Density
is
based
on
the
net
acreage
of
the
project
site,
which
is
7.26 acres
(11.51
acres
-
1.88 acres
(private
streets)
-
1.88 acres
(floodway)
-.49
acres
(public
street)).
The
proposed
density
is
8.8 du/ac
(64
total
residential
lots
I 7.26-
acre
net
project
area),
which
is
just
over
the
RS-7
designation
(8
du/ac).
Staff
estimates
that
under
the
existing
RS-7
General
Plan
land
use
designation
and
zoning,
58 units
could
be
built
under
the
net
density
calculation,
where
under
the
proposed
HRSP,
the
project
is
proposing
64 total
units.
The
proposed
density
provides
an
appropriate
transition
between
the
apartments
to
the
west
and
the
lower-density
single-family
residences
to
the
south
and
east.
To
accommodate
the
increase
in
density,
the
applicant
is
proposing
the
project
site's
General
Plan
land
use
designation
to
be
amended
to
the
Planned
Community
(PC)
designation,
which
allows
the
project
to
increase
the
maximum
allowable
density
from
8.0 du/ac
to
8.8 du/ac
by
virtue
of
adoption
of
the
proposed
HRSP
to
replace
the
site's
RS-7
zoning,
all
of
which
must
be
considered
and
approved
by
the
City
Council.
The
HRSP
would
replace
the
municipal
code
in
most
instances
as
the
regulatory
and
policy
document
governing
the
project
area.
As
part
of
the
HRSP,
modifications
from
the
RS-7
zone
are
proposed
for
density,
setbacks,
minimum
lot
size,
maximum
allowable
lot
coverage,
and
number
offloor
plans
for
subdivisions
(Attachment
I provides
a link
to
the
HRSP).
Below
are
two
charts
comparing
the
existing
RS-7
development
standards
and
the
proposed
HRSP
development
standards:
3 of 111
April 2, 2024, Item #9
Net
Lot
Area 4,500
Sq.
ft. Net
Lot
Area 3,470
sq.
ft.
Poway
Municipal
Code
Residential
Development
Standards
-Residential
Single
Family
7 (RS-7)
Zone
Lot Lot
Front
Yard
Side
Yard
Rear
Yard
Street
Side
Lot
Coverage,
Width
Depth
Setback Setback
Setback
Yard
Maximum
50 ft.
80 ft.
18 ft.
5 ft.
20 ft
10 ft.
50%
Harmon
Ranch
Specific
Plan
Proposed
Development
Standards
Lot
Lot
Front
Yard
Side
Yard
Rear
Yard
Street
Side
Lot
Coverage,
Width
Depth
Setback
Setback
Setback
Yard
Maximum
20 ft to
Ga
rage,
15 42
ft.
85 ft.
ft.
to
the
primary
5 ft
15 ft.
6ft
55%
BLDG
, 10
ft to
porch
There
are
3.8 acres
of
open
space
within
the
HRSP's
proposed
Open
Space
(OS)
and
Open
Space
-
Recreation
(OS-R)
land
use
designations.
The
R-S
land
use
consists
of
traditional
single-family
homes
plotted
on
lots
ranging
from
3,470
square
feet
to
5,180
square
feet.
The
OS
land
use
is
designed
to
permanently
conserve
the
on-site
open
space
areas
that
contain
floodway
and
sensitive
biological
resources.
These
areas
shall
not
be
impacted
by
the
development
of
the
project
and
will
remain
as
natural
open
space
areas
. The
OS
-R
land
use
is
intended
to
provide
passive
and
active
recreational
opportunities,
open
landscaped
areas
to
support
the
new
residential
uses,
and
manufactured
slopes
within
the
specific
plan
area.
Recreation
amenities
shall
be
provided
to
support
healthy
and
active
lifestyles
and
encourage
community
interaction
and
engagement.
Site
Design
The
private
street
will
include
an
eight-foot-wide
segment
of
community
trail
located
between
Oak
Knoll
Road
and
the
north
portion
of
the
project
site.
As
identified
in
the
Poway
General
Plan,
the
community
trail
may
connect
to
the
Poway
Road
Corridor
in
the
future.
The
community
trail
would
be
located
along
Streets
A
and
a
portion
of
Street
C.
The
project
will
also
plant
screening
trees
along
the
eastern
boundary
of
the
project
site
to
help
soften
the
appearance
between
the
new
homes
and
the
adjacent
existing
homes
. The
project
will
provide
street
trees
within
the
private
homeowner
lots,
secured
with
a
six-foot
landscape
easement.
In
addition
to
the
street
trees,
the
project
will
provide
approximately
six
oak
trees
on
the
locally
designated
historic
home
lot
and
landscaping
and
trees
within
the
OS-R
areas.
Front
yard
landscaping
will
be
installed
by
the
developer
and
maintained
by
the
private
homeowner.
An
illustrative
site
plan
is
included
as
Attachment
J. The
community
Covenants,
Conditions,
and
Restrictions
(CC&Rs)
will
prohibit
homeowners
from
removing
street
trees
and
the
HOA
will
maintain
and
trim
the
trees.
Maintenance
and
operation
of
the
community
would
be
financed
through
a
Homeowners
Association
(HOA)
funded
entirely
by
the
project.
The
HOA
would
be
responsible
for
the
long-term
maintenance
and
preservation
of
all
private
streets,
private
utilities,
common
amenities,
community
facilities,
and
landscape
areas.
The
floodway
at
the
southern
portion
of
the
project
will
be
preserved
and
a
passive
open
space
area
will
be
created
adjacent
to
Oak
Knoll
Road
that
will
be
open
to the
public,
maintained
by
the
HOA
and
preserved
with
a
public
access
easement.
Two
passive
open
space
areas
will
be
located
in
the
northern
portion
of
the
project.
An
underground
stormwater
vault
will
be
located
near
the
Oak
Knoll
4 of 111
April 2, 2024, Item #9
Road
entrance
that
will
be
landscaped
above
for
passive
recreational
use.
The
project
will
include
an
eight-foot
community
trail
through
the
northern
portion
of
the
project
with
potential
connection
to
the
commercial
properties
on
Poway
Road.
The
historic
"Harmon
House"
will
be
preserved,
and
mitigation
measures
will
be
implemented
to
ensure
the
home
is
protected,
such
as,
ensuring
a
qualified
architectural
historian
be
retained
to
develop
a
plan
of
action
for
the
protection
of
the
"Harmon
House".
The
proposed
project
includes
an
approximate
28'-4"
cut
slope
at
~he
northeastern
boundary
of
the
project
adjacent
to
the
Kumeyaay
lpai
Interpretive
Center.
A
cross
section
has
been
provided
as
Attachment
K.
Home
Design
The
project
is
proposing
three
different
floor
plans
and
four
different
elevations
with
12 different
color
schemes
(Attachment
L).
Staff
reviewed
the
design
of
the
buildings
to
ensure
there
will
be
a
diverse
color
palette.
The
floor
plans
range
in
size
from
2,628
to
3,135
square
feet.
All
single-family
homes
will
be
two-stories
and
no
more
than
35 feet
in
height.
There
are
four
architectural
styles,
all
with
front
porch
features
off-set
from
the
garage
and
closer
to
the
street.
This
will
create
street-level
articulation
and
allows
for
parking
in
driveway.
Parking The
project
would
provide
adequate
parking
within
the
project
site
to
minimize
impacts
to
existing
residential streets
in
the
vicinity
and
all
parking
spaces
would
comply
with
the
requirements
of
the
Poway
Municipal
Code
(PMC)
unless
otherwise
specified
within
the
HRSP.
Each
residential
unit
would
include
a
minimum
of
a
two-car
garage
and
two
additional
uncovered
driveway
spaces.
The
project
would
also
provide
an
additional
40 parking
spaces
within
the
site.
A
total
of
290
parking
spaces
are
provided
equaling
4.6 parking
spaces
per
unit,
exceeding
the
requirements
within
the
PMC
of
two
garage
spaces
per
unit.
Additionally,
to
encourage
parking
within
the
garage,
each
new
residential
unit
will
contain
a
minimum
of
150
cubic
feet
of
overhead
storage
within
the
garage.
Traffic The
project
generates
630
daily
trips
with
51 (15
inbound/36
outbound)
trips
in
the
morning
peak
and
63 (44
inbound/
19 outbound)
trips
occurring
in
the
afternoon
peak
period.
Access
to
the
Project
would
be
provided
via
Poway
Road,
Pomerado
Road,
and
Oak
Knoll
Road.
These
roadways
would
provide
a
direct
connection
to
the
project
site.
The
pedestrian
trail
through
the
project
could
provide
a critical
pedestrian
link
between
the
project
and
the
regional
transportation
network.
The
project
will
have
a significant
environmental
impact
in
Vehicle
Miles
Traveled
(VMT)
compared
to
the
regional
VMT
capita.
VMT
is
a
measure
used
in
transportation
planning
for
a
variety
of
purposes.
It
measures
the
amount
of
travel
for
all
vehicles
in
a
geographic
region
over
a
given
period
of
time,
typically
a
one
year
period.
The
project
generates
20.7 VMT
miles
with
the
regional
threshold
being
16.1 VMT
miles
resulting
in
an
overall
increase
of
22%
compared
to
the
regional
average.
Therefore,
based
on
the
applied
significance criteria,
potential
impacts
caused
by
the
project
VMT
would
be
potentially
significant
and
mitigation
would
be
required,
as
mentioned
in
the
Mitigation
Monitoring
and
Reporting
Program
(MMRP)
included
with
the
EIR
for
the
project.
It should
be
noted
the
development
of
the
property
under
the
current
zone
(without
a specific
plan)
could
also
result
in
significant
impacts
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April 2, 2024, Item #9
to VMT.
Based on United States Census data, the average people per household within the City is 2.99.
Therefore, the project would be anticipated to have a total of 188 residents (2.99 people per household X 63 units). All project residents would be targeted with the CBTP; (188 CBTP Targeted Residences/188 Total Residents) x 19% x 12% x1 = 2.3% VMT Reduction.
The 2.3% reduction is not sufficient to reduce the VMT per capita below the regional threshold (16.1 miles). As a result, even after mitigation, the project's VMT per capita would still result in a significant impact. There are no additional enforceable and quantifiable VMT reducing measures in which the proposed project can feasibility implement. Therefore, the proposed project's VMT related impact would be significant and unavoidable.
-
Pre-Development Conference
A Pre-Development Conference was held for this project on June 21, 2022. There were 14 speakers from the publit who had comments regarding the proposal. The comments from the public raised concerns over traffic safety of the neighborhood by taking access to the site from Roca Grande, concerns over density and concerns over the project proposing deviations from the PMC. The City Council also gave the applicant feedback regarding the proposal. The City Council was interested in traffic safety, not having access to the project site taken from Roca Grande, and the project complying with the development standards of the underlying zone. The applicant has removed the proposed access (including pedestrian access) from Roca Grande. After discussion with the residents of Roca Grande, the applicant has proposed a hammer head turnaround (within the project site) for large vehicles which will be maintained by the Homeowner's Association (HOA).
Neighborhood meeting
A neighborhood meeting was held on November 7th, 2023, at the Mickey Cafagna Community Center to discuss the HRSP project. The meeting was set up in an open house format with easels displaying project boards with information and graphics about the Project. Approximately 40 people attended throughout the evening. Several staff members were in attendance to observe and provide responses regarding city processes and zoning-related questions. Some topics of interest were density, consistency with the General Plan, access and traffic.
Meetings were also held by the applicant on October 30, 2023, and November 30, 2023, with the residents from Roca Grande to discuss their concerns. Additionally, the applicant met with residents adjacent to the project on an individual basis.
Public Correspondence
Letters and other correspondence received as of the printing of this report are provided in Attachment M. In addition, an online petition was presented to the City Council on March 19, 2024, and is available at the City Clerk's Office.
Environmental Review:
6 of 111
April 2, 2024, Item #9
A Notice of Preparation (NOP) was issued on February 1, 2023, and a Scoping Meeting was held on February 16, 2023. An Environmental Impact Report (EIR) was prepared for the SP which evaluated all environmental categories for potential impacts, including aesthetics, air quality, biological resources, cultural and tribal cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, utilities and services systems and wildfire risk. Technical studies included an air quality/greenhouse gas report, biology report, cultural resources report, geotechnical report, drainage report, stormwater quality management plan, GP consistency report, noise study, traffic report, sewer report, fire fuel management plan, and a neighborhood aesthetics analysis. Both project-specific and cumulative impacts were evaluated.
The Final EIR concludes that the project will have less than significant impacts and require no mitigation measures with respect to the following issues:
• Aesthetics
• Energy
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology
• Land Use and Planning
• Population and Housing
• Public Services
• Recreation
• Utilities and Service Systems
• Wildfire
Potentially significant impacts of the project will be mitigated to below a level of significance with respect to the following issues:
• Air Quality
• Biological Resources
• Cultural Resources
• Geology and Soils
• Noise
The Final EIR concludes that the project will have significant and unavoidable impacts with respect to the following issues:
• Transportation
The mitigation measures are included in the MMRP (Attachment N). The Final EIR concludes the potential impacts associated with the SP, through the incorporation of mitigation measures, will be mitigated to a level of insignificance, with the exception of transportation. The Final EIR discusses the project alternatives, the issue areas, and the mitigation measures in detail, as well as provides detailed responses to all public comments on the EIR. Based on whole of the administrative record, the CEQA Findings of Fact and Statement of Overriding Considerations, staff recommends the City Council certify the EIR.
7 of 111
April 2, 2024, Item #9
The Draft EIR was distributed on November 15, 2023, and was posted on the City's website. The Final EIR which includes responses to comments and modifications resulting from the comments is available on file in the Office of the City Clerk and available online: https://poway.org/329/Recent Projects-Environmental-Documents. The Final EIR is included in the resolution certifying the EIR.
Fiscal Impact:
Working with the City's property and sales tax consultant, it is estimated the project will generate approximately $181,730 in annual property tax and $40,950 annually in sales tax to the City of Poway. Additionally, the project will generate one-time park impact fees in the amount of $287,406.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, March 21, 2024. A public notice was mailed to property owners and occupants located within 500 feet of the project site.
Attachments:
A. Resolution certifying the Final EIR (EA 23-0001) The Final EIR is available on file in the office of the City Clerk and also available online:
https://poway. o rg/32 9/Rece nt-P raj ects-Envi ro nm e nta I-Docu m ents B. Resolution approving General Plan Amendment 22-0001
C. Resolution approving Tentative Tract Map 22-0001 and Development Review 22-0003 D. Ordinance approving Specific Plan 22-0001
E. Ordinance approving Zone Change 22-0001
F. Zoning and Location Map
G. Land Use Plan
H. TTM-Site Plan
I. Specific Plan Harmon-Ranch-Specific-Plan (poway.org) J. Illustrative Site Plan
K. Cross Section of approximate 28'-4" Cut Slope
L. Elevations and Floor Plans
M. Public Correspondence
N. Mitigation Monitoring and Reporting Program (MMRP) for the Final EIR (EA 22-0001) Reviewed/Approved By:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
8 of 111
April 2, 2024, Item #9
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL
IMPACT REPORT (EA) 23-0001 AND ADOPTING FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT FOR THE HARMON RANCH SPECIFIC PLAN (SP) 22-0001
INCLUDING THE SUBDIVISION OF 11.5 ACRES OF LAND AND
THE CONSTRUCTION OF 63 HOMES AND THE PRESEVATION
OF A LOCALLY DESIGNATED HISTORIC HOME; ASSESSOR'S
PARCEL NUMBERS; 317-500-14-00, 317-500-13-00, 317-500-12- 00, 317-500-11-00, 317 -500-09-00, 317 -500-1 0-00, 317-500-03- 00, 317-500-02-00, 317-501-02-00 AND 317-501-01-00
WHEREAS, The Harmon Ranch Specific Plan (HRSP) contains definitions, a land use plan, development standards and design guidelines that set the policy framework to guide development;
WHEREAS, the HRSP requires that the City amends the City's General Plan, including the General Plan Land Use Map and Zoning Map;
WHEREAS, the potential impacts of the development permitted by the HRSP analyzed in the EIR include aesthetics, air quality, biological resources, cultural and tribal cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, utilities and services systems, and wildfire risk; WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on February 1, 2023, for a 30-day review and a public scoping meeting was held on February 16, 2023; WHEREAS, a Notice of Completion for the preparation of the Draft Environmental Impact Report (DEIR) was filed with the State Clearinghouse on November 15, 2023 (SCH#2023020009);
WHEREAS, the DEIR was made available for public comments on November 15, 2023 for a 45-day review;
WHEREAS, the City has prepared responses to all the comments received on the DEIR which have been incorporated into the Final Environmental Impact Report (FEIR); WHEREAS, on April 2, 2024, the City Council held a duly advertised public hearing 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 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 hereby makes the following findings:
ATTACHMENT A
9 of 111
April 2, 2024, Item #9
Resolution
No.
24-
Page
2 A.
The
proposed
Specific
Plan
(SP)
is
consistent
with
applicable
land
use
plans
and
policies
contained
in
the
City's
General
Plan
.
B.
The
implementation
of
the
proposed
SP
will
not
result
in
significant
unmitigable
environmental
impacts
, with
the
exception
of
transportation.
C.
To
ensure
that
potential
environmental
impacts identified
in
the
environmental
assessment
are
mitigated
to
less
than
significant,
with
the
exception
of
traffic,
the
City
Council
hereby
adopts
the
Mitigation
and
Reporting
Program
(MMRP)
contained
in
the
FEIR.
D.
That
the
mitigation
measures
contained
in
the
MMRP
shall
be
incorporated
on
all
projects,
when
applicable.
SECTION
2:
Section
15093
of
the
California
Environmental
Quality
Act
(CEQA)
Guidelines
requires
that
if the
project
will
cause
significant
unavoidable
adverse
impacts,
the
City
must
adopt
a
Statement
of
Overriding
Considerations
prior
to
approving
the
project.
A
Statement
of
Overriding
Considerations
states
that
any
significant
adverse
project
effects
are
acceptable
if
expected
project
benefits
outweigh
unavoidable
adverse
environmental
impacts.
The
project
will
not
result
in
any
significant
and
unavoidable
impacts,
with
the
exception
of
transportation.
The
City
Council
hereby
adopts
the
CEQA
Findings
of
Fact
and
Statement
of
Overriding
Considerations
in
Exhibit
A.
SECTION
3:
Environmental
impacts
identified
in
the
FEIR
as
potentially
significant,
but
that
can
be
reduced
to
less
than
significant
levels
with
mitigation,
with
the
exception
of
transportation,
which
are
described
in
Table
1-1
of
the
FEIR
and
are
incorporated
herein
by
this
reference.
The
City,
having
reviewed
and
considered
the
information
contained
in
the
FEIR
and
the
Record
of
Proceedings
and
pursuant
to
Public
Resource
Code
§21081(a
&
b)
and
State
CEQA
Guidelines
§15091(a)(3)
and
15092(b)(2),
makes
the
finding
that
the
project
would
not
result
in
impacts that
are
unavoidable.
All
potential
impacts
would
be
mitigated
to
less
than
significant,
with
the
exception
of
transportation
.
However,
Statement
of
Overriding
Considerations
have
been
prepared
pursuant
to
CEQA
Guidelines
§15093.
SECTION
4:
Alternatives
to
the
Project
that
might
eliminate
or
reduce
significant
environmental
impacts
are
discussed
in
Section
6 of
the
Final
EIR.
SECTION
5:
In
accordance
with
the
requirements
of
CEQA,
an
EIR
has
been
prepared
for
SP
22-0001
and
associated
entitlements
General
Plan
Amendment
(GPA)
22-0001,
Zone
Change
(ZC)
22-0001
, Zoning
Ordinance
Amendment
(ZOA)
24-0001,
Tentative
Tract
Map
(TTM)
22-0001
and
Development
Review
(DR)
22-0003;
a
request
to
adopt
a
specific
plan,
subdivide
11.5 acres
of
land,
and
construct
63 new
residences,
preserve
one
locally
designated
historic
home.
The
City
Council
has
considered
the
EIR,
and
public
comments
received
on
the
EIR.
The
subject
EIR
documentation
is
fully
incorporated
herein
by
this
reference
. The
City
Council
finds,
on
the
basis
of
the
whole
record
before
it,
and
in
its
own
independent
judgement,
that
there
are
no
significant
unavoidable
impacts
and
that
there
were
significant
impacts
were
all
mitigated
to
be
less
than
significant,
with
the
exception
of
transportation
. However,
Statement
of
Overriding
Considerations
have
been
prepared
pursuant
to
CEQA
Guidelines
§15093.
SECTION
6:
Prior
to
taking
action,
the
City
Council
reviewed
and
considered
and
has
exercised
its
independent
judgment
in
considering
the
FEIR
and
all
of
the
information
and
data
in
the
administrative
record,
and
all
oral
and
written
testimony
presented
to
it during
meetings
10 of 111
April 2, 2024, Item #9
Resolution No. 24-
and hearings and finds that: the FEIR has been completed in compliance with CEQA; the FEIR was presented to the City Council and the City Council reviewed and considered the information contained in the FEIR prior to taking action regarding the FEIR; and the FEIR reflects the City's independent judgment and analysis. No changes to the proposed SP, changes to the environment, comments on the proposed SP, or any additional information submitted to the City have produced any substantial new information requiring additional environmental review or documentation of the Project under CEQA.
SECTION 7: 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 for 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 SP 22-0001, GPA 22- 0001, ZC 22-0001, ZOA 24-0001, TTM 22-0001 and DR 22-0003), any environmental document or decision made pursuant to CEQA (EA 23-0001 ). 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.
SECTION 8: City Council hereby certifies the Final EIR (EA 22-0001), the CEQA Findings of Fact, and the MMRP on file in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of April, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
11 of 111
April 2, 2024, Item #9
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Draft Candidate Findings
Harmon Ranch Specific Plan Project
EXHIBIT A Resolution No. 24-
12 of 111
April 2, 2024, Item #9
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
I. INTRODUCTION
a. Findings of Fact
DRAFT CANDIDATE FINDINGS OF FACT
for
HARMON RANCH SPECIFIC PLAN PROJECT
SCH No. 2023020009
Resolution No. 24-
The following Candidate Findings of Fact (Findings) are made for The Harmon Ranch Specific Plan project (project or proposed project). The environmental effects of the proposed project are addressed in the Final Environmental Impact Report (FEIR) dated March 2024, which is incorporated by reference herein.
The California Environmental Quality Act (CEQA) (Section 21081 [a]) and the State CEQA Guidelines (Section15091 [a]) require that no public agency shall approve or carry out a project for which an environmental impact report has been completed that identifies one or more significant effects thereof, unless such public agency makes one or more of the following findings:
1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects on the environment;
2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been or can or should be adopted by that other agency; or
3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.
CEQA also requires that the Findings made pursuant to Section 15091 be supported by substantial evidence in the record (Section 15091 [b] of the State CEQA Guidelines). Under CEQA, substantial evidence means enough relevant information has been provided (and reasonable inferences from this information may be made) that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Substantial evidence must include facts, reasonable assumptions predicted upon facts, and expert opinion supported by facts (Section 15384 of the State CEQA Guidelines). 13 of 111
April 2, 2024, Item #9
Resolution No. 24-
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
The Findings have been submitted by the City of Poway (City) Development Services Department as Candidate Findings to be made by the decision-making body. They are attached to allow readers of this report an opportunity to review the applicant's position on this matter. It is the exclusive discretion of the decision-maker certifying the El R to determine the adequacy of the proposed Candidate Findings. It is the role of staff to independently evaluate the proposed the Candidate Findings, and to make a recommendation to the decision-maker regarding their legal adequacy.
b. Record of Proceedings
For purposes of CEQA and these Findings, the Record of Proceedings for the project consists of the following documents and other evidence, at a minimum:
• The Notice of Preparation (NOP) and all other public notices issued by the City in conjunction with the project;
• All responses to the NOP received by the City;
• The Draft EIR;
• All written comments submitted by agencies or members of the public during the public review comment period on the Draft EIR;
• The Final EIR;
• All responses to the written comments included in the Final EIR; • All written and oral public testimony presented during a noticed public hearing for the project at which such testimony was taken;
• The Mitigation Monitoring and Reporting Program;
• The reports and technical memoranda included or referenced in any responses to comments in the Final EIR;
• All documents, studies, El Rs, or other materials incorporated by reference in, or otherwise relied upon during the preparation of, the Draft EIR and the Final EIR; • Matters of common knowledge to the City, including, but not limited to, federal, state, and local laws and regulations;
• Any documents expressly cited in these Findings;
• The Statement of Overriding Considerations included in these Findings; and • Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e).
c. Custodian and Location of Records
14 of 111
April 2, 2024, Item #9
Resolution No. 24-
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
The documents and other materials which constitute the record of proceedings for the City's actions on the project are located at the City's Development Services Department, also known as DSD (City Hall, 13325 Civic Center Drive, Poway, CA 92064). The City's DSD is the custodian of the project's administrative record. Copies of the document that constitute the record of proceedings are on the City's website at proceedings are and at all relevant times have been available upon request at the offices of the City's DSD. The draft EIR and final EIR were also placed on the City's website at https://poway.org/329/Recent-Projects-Environmental-Documents.
This information is provided in compliance with the Public Resources Code 21081.6(a)(2) and the CEQA Guidelines 15091 (e).
II. PROJECT SUMMARY
a. Project Objectives
The objectives of the Harmon Ranch Specific Plan project include the following:
1. Implement applicable goals and policies of the City's General Plan.
2. Develop a residential neighborhood within an underutilized site with quality architecture and community design aesthetics that respect and enhance the existing neighborhood's appeal and character.
3. Ensure new uses are compatible with the existing surrounding homes by establishing setbacks, design regulations and guidelines that protect the privacy and quality of life for neighboring residents.
4. Contribute new housing units to the City of Poway and the region by providing new single-family housing.
5. Conserve a portion of the project site to minimize environmental impacts on biological resources and allow for the development of an environmentally sensitive neighborhood.
6. Preserve the historic home on site by implementing a landscape plan to maintain the historic setting and provide a buffer to ensure the permanent protection of the historic resource during construction.
7. Create an internal network of private streets that minimizes traffic impacts on existing neighborhoods and incorporates a trail connection to the adjacent commercial/industrial land use.
8. Minimize the environmental impact of new development through best management and low impact development practices, water and energy conservation measures and green construction.
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9. Create a land use plan that can realistically be developed within a foreseeable time frame and under projected economic conditions.
10. Assist the City to meet its requirements under state law with respect to developing housing in the City, specifically including state Housing Element law. b. Project Description
The Harmon Ranch Specific Plan Project is approximately 11.5 acres and includes a total of 63 new single-family homes and associated site improvements and retention of the existing historic home. The project proposes approximately 5.7 acres designated for residential development, a 0.25-acre historic home site, 3.2 acres of open space areas, 1.9 acres for private streets, and 0.5 acres of public right-of-way (Oak Knoll Road). The proposed project would include 63 single-family detached homes plus the 1 existing historic home on site for a total of 64 lots within the Specific Plan boundary. The proposed density is 8.8 dwelling units/acre (64 total residential lots/7.26-acre net project area not including private streets}, which is just over the existing RS-7 designation density. The proposed project is located in the southern portion of the City, along Oak Knoll Road, south of Poway Road and west of Carriage Road. The new land uses proposed by the Specific Plan include two open space uses and one residential land use. Parcels designated as open space would be permanently preserved as open space through deed restriction. One residential land use is also proposed. The Open Space (OS) is designed to permanently conserve the one-site open space areas that contain sensitive biological and/or cultural resources. These areas would not be impacted by development of the project and remain as natural open space areas. The Open Space - Recreation (OS-R) is intended to provide passive and active recreational opportunities and open landscaped areas to support the new residential uses and manufactured slopes within the Specific Plan area. Recreation amenities shall be provided to support healthy and active lifestyles and encourage community interaction and engagement. The Residential Single Family (R-S) consists of traditional single-family homes plotted on deeded legal lots. The approximately 3.2 acres of open space would consist of 2.2 acres of OS and 1.0 acres of OS-R.
These recreational amenities would be divided into OS-1 through OS-4, and OS-R-1 through OS-R-
7. The proposed project would be developed in phases. Construction is anticipated to begin in 2024 and end in 2026. A more detailed description of the proposed project, the project location, and the potential environmental effects associated with development of the proposed project, are provided in the Final EIR.
Ill. ENVIRONMENTAL REVIEW PROCESS AND PUBLIC PARTICIPATION The lead agency approving the project and conducting environmental review under the California Environmental Quality Act (California Public Resources Code Sections 21000, et seq., and the Guidelines promulgated thereunder in California Code of Regulations, Title 14, Sections 15000 et seq. (CEQA Guidelines}, hereinafter collectively, (CEQA) shall be the City of 16 of 111
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Poway (the City). The City as lead agency shall be primarily responsible for carrying out the project. In compliance with Section 15082 of the CEQA Guidelines, the City published a Notice of Preparation on February 1, 2023, which began a 30-day period for comments on the appropriate scope of the EIR. Consistent with Public Resources Code Section 21083.9, the City held a public agency scoping meeting on February 16, 2023 at the City of Poway City Council Chambers. The purpose of these meetings was to seek input and concerns from the public regarding the environmental issues that may potentially result from the project.
The City published a draft EIR on November 15, 2023, in compliance with CEQA Pursuant to CEQA Guidelines Section 15085, upon publication of the draft EIR, the City filed a Notice of Completion with the Governor's Office of Planning and Research, State Clearinghouse, indicating that the draft EIR had been completed and was available for review and comment by the public. The City also posted a Notice of Availability of the draft EIR at this time pursuant to CEQA Guidelines Section 15087. During the public review period, the City received comments on the environmental document. After the close of public review period, the City provided responses in writing to all comments received on the draft EIR.
The Final EIR for the project was published in March 2024. The Final EIR has been prepared in accordance with CEQA and the State CEQA Guidelines.
The documents and other materials that constitute the record of proceedings on which the City's CEQA findings are based are located at the City of Poway Development Services Department, located at City Hall, 13325 Civic Center Drive, Poway, CA 92064. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2).
IV. SUMMARY OF IMPACTS
Impacts associated with specific issues areas (e.g., noise, transportation, air quality) resulting from approval of the project and future implementation are discussed below.
The proposed project would result in significant and unavoidable impacts for Transportation (VMT).
The Final EIR concludes that the project will have less than significant impacts and require no mitigation measures with respect to the following issues:
• Aesthetics
• Energy
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology
• Land Use and Planning
• Population and Housing
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• Public Services
• Recreation
• Utilities and Service Systems
• Wildfire
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Potentially significant impacts of the project will be mitigated to below a level of significance with respect to the following issues:
• Air Quality
• Biological Resources
• Cultural Resources
• Geology and Soils
• Noise
The Final EIR concludes that the project will have significant and unavoidable impacts with respect to the following issues:
• Transportation
V. FINDINGS REGARDING SIGNIFICANT IMPACTS
In making each of the findings below, the City has considered the Plans, Programs, and Policies discussed in the Final EIR. The Plans, Programs, and Policies discussed in the Final EIR are existing regulatory plans and programs the project is subject to, and, likewise, are explicitly made conditions of the project's approval.
a. Findings Regarding Impacts that Can Be Mitigated to Below a Level of Significance The City, having independently reviewed and considered the information contained in the Final EIR and the record of proceedings, finds pursuant to CEQA Section 21081 (a)(1) and State CEQA Guidelines Section 15091 (a)(1 ), adopts the following findings regarding the significant effects of the project, as follows:
Changes or alterations have been required in, or incorporated into, the project that mitigate, or avoid, or substantially lessen the significant effects on the environment as identified in the Final EIR. The basis for this conclusion follows.
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Impact AQ-1: The proposed project would result in diesel particulate matter emissions during construction.
Facts in Support of Finding: MM-AQ-1 requires the project contractor to adhere to various measures during project construction to reduce diesel particulate emissions. Such measures include maintaining Tier 4 Interim diesel engines or better for equipment greater than 75 horsepower, ensuring that construction equipment meets the minimum engine size suitable for the required job, minimizing the number of construction equipment operating simultaneously, maintaining construction equipment in tune per the manufacturer's specifications, and verification of equipment type used during construction to the City of Poway. With implementation of mitigation MM-AQ-1, daily construction emissions would not exceed the significance thresholds for any criteria pollutant and impacts would be less than significant. ii. Biological Resources
Impact BI0-1: The proposed project has the potential to result in direct impacts to potentially occurring special-status species.
Facts in Support of Finding: MM-BIO-1 would establish various measures to be implemented to ensure environmental protection-during construction activities. This includes the installation of staking and silt fencing along the entire perimeter of the construction footprint/area proposed for grading. Additionally, pre-construction environmental awareness educational meetings for the team and crews, as well as biological monitoring during vegetation clearing and grading activities, would be mandatory.
Construction/contractor personnel would need to complete a Workers Environmental Awareness Program to ensure compliance with environmental/permit regulations and mitigation measures. Furthermore, construction-limits staking and biological monitoring would be put in place to prevent inadvertent impacts to special-status vegetation or potential special-status wildlife species and their habitat.
Under MM-BIO-3, in alignment with the Migratory Bird Treaty Act of 1918 and Section 3503.5 of the California Fish and Game Code, steps would be taken to avoid direct impacts to raptors and/or any native/migratory birds. Removal of habitat supporting active nests in the proposed project site would be scheduled outside of the breeding season for these species (February 1 to September 15). If habitat removal during the breeding season is necessary, a qualified biologist would conduct a pre-construction survey to determine the presence or absence of nesting birds in the proposed area of disturbance. This survey would be conducted within 72 hours prior to the start of construction activities, including vegetation removal. If active nests are detected, the area would be flagged and mapped on the construction plans, along with a 300-to 500-foot avoidance buffer for raptors, and avoided until the nesting cycle is complete or it's determined that the nest has failed. Noise monitoring may also be required, and the final buffer determination would be made by the biologist(s). By implementing measures to avoid disturbing migratory bird and raptor nests, as well as functional foraging habitats for raptors and other species, Impact BIO-1 would be minimized to less than significant.
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Impact 810-2: The proposed project may indirectly affect Special-status wildlife during project construction.
Facts in Support of Finding: MM-BIO-4 outlines specific requirements to be included in grading and building plans prior to construction permit issuance. Employees must confine their activities, vehicles, equipment, and construction materials strictly within the fenced project footprint to minimize environmental impact. Additionally, to prevent attracting predators, the project site must be kept free of debris, with all food-related trash items securely enclosed in sealed containers and regularly removed. Any lighting installed for construction purposes should be directed away from riparian and wetland habitats. Dust control measures, such as water trucks, must be implemented to reduce fugitive dust. Lastly, pets belonging to project personnel are not permitted on the project site to ensure site cleanliness and minimize disruption to wildlife habitats.
MM-BIO-5 mandates adherence to measures outlined in the Poway General Plan and Poway Grading Ordinance for all construction activities adjacent to wetland habitat areas. These measures are designed to prevent degradation of wetland and riparian habitats from erosion. Grading activities are prohibited during the rainy season (October 1st through April 15th) unless an approved erosion control plan and program are in place. Similarly, grading or vegetation removal adjacent to wetland areas during the rainy season is restricted, unless allowed on a site-specific basis with the provision of all necessary erosion control devices, which must be installed and maintained throughout the grading period. With implementation of MM-BIO-4 and MM-BIO-5, direct impacts to Special-status wildlife during project construction would be less than significant. iv. Biological Resources
Impact 810-3: The proposed project could result in potential indirect impacts, including noise, lighting, and increased human presence and vehicle traffic within the site that could significantly affect nesting birds.
Facts in Support of Finding: Under MM-BIO-3, in alignment with the Migratory Bird Treaty Act of 1918 and Section 3503.5 of the California Fish and Game Code, steps would be taken to avoid direct impacts to raptors and/or any native/migratory birds. Removal of habitat supporting active nests in the proposed project site would be scheduled outside of the breeding season for these species (February 1 to September 15). If habitat removal during the breeding season is necessary, a qualified biologist would conduct a pre-construction survey to determine the presence or absence of nesting birds in the proposed area of disturbance. This survey would be conducted within 72 hours prior to the start of construction activities, including vegetation removal. If active nests are detected, the area would be flagged and mapped on the construction plans, along with a 300-to 500-foot avoidance buffer for raptors, and avoided until the nesting cycle is complete or it's determined that the nest has failed. Noise monitoring may also be required, and the final 20 of 111
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buffer determination would be made by the biologist(s). By implementing measure MM-BIO- 3 impacts to BIO-3 would be minimized to less than significant. v. Biological Resources
Impact B10-4: The proposed project would result in impacts to sensitive habitats.
Facts in Support of Finding: Prior to construction permit issuance, grading, and building plans must prioritize the protection of wetland and riparian areas through the implementation of on site construction fencing, as outlined in MM-BIO-1 and MM-BIO-2. These plans should clearly depict the placement of construction fencing and specify that it must be maintained throughout the entire duration of construction activity until the permanent outer wall proposed for the new development is constructed. This fencing is crucial for safeguarding adjacent riparian and wetland habitats from any potential disturbance. Additionally, as stated in MM-BIO-4, strict measures must be enforced to confine all construction-related activities, vehicles, equipment, and materials within the fenced project footprint to minimize environmental impact.
Furthermore, adherence to the Poway General Plan and Poway Grading Ordinance, as detailed in MM-BIO-5, is essential for preventing degradation of wetland and riparian habitats from erosion. These measures, including the prohibition of grading activities during the rainy season without an approved erosion control plan and program in place, aim to ensure the preservation of these sensitive ecosystems throughout the construction process. With implementation of these measures, MM-BIO-1, MM-BIO-2, MM-BIO-4 and MM-BIO-5, impacts to BIO-4 would be minimized to less than significant.
vi. Biological Resources
Impact BI0-5: The proposed project could potentially result in indirect impacts to the wetland and riparian habitat.
Facts in Support of Finding: Prior to construction permit issuance, grading, and building plans must prioritize the protection of wetland and riparian areas through the implementation of on site construction fencing, as outlined in MM-BIO-1 and MM-BIO-2. These plans should clearly depict the placement of construction fencing and specify that it must be maintained throughout the entire duration of construction activity until the permanent outer wall proposed for the new development is constructed. This fencing is crucial for safeguarding adjacent riparian and wetland habitats from any potential disturbance. Additionally, as stated in MM-BIO-4, strict measures must be enforced to confine all construction-related activities, vehicles, equipment, and materials within the fenced project footprint to minimize environmental impact.
Furthermore, adherence to the Poway General Plan and Poway Grading Ordinance, as detailed in MM-BIO-5, is essential for preventing degradation of wetland and riparian habitats from erosion. These measures, including the prohibition of grading activities during the rainy season without an approved erosion control plan and program in place, aim to ensure the preservation of these sensitive ecosystems throughout the construction process. With implementation of these measures, MM-BIO-1, MM-BIO-2, MM-BIO-4 and MM-BIO-5, impacts to BIO-5 would be minimized to less than significant.
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Impact BIO-CU-1: The proposed project would potentially contribute to a cumulatively considerable impact to special status species.
Facts in Support of Finding: MM-B1O-3 directs the implementation of measures to mitigate environmental impacts during construction activities, particularly focusing on the protection of raptors, migratory birds, and their habitats. These measures include conducting pre construction surveys to identify nesting birds and establishing avoidance buffers to prevent disturbance. Complementing these efforts, MM-B1O-4 emphasizes the importance of on-site environmental protocols, such as confining construction activities within designated areas, implementing dust control measures, and prohibiting pets to maintain site cleanliness.
Furthermore, MM-B1O-5 mandates compliance with specific measures outlined in the Poway General Plan and Poway Grading Ordinance to safeguard wetland and riparian habitats from erosion. Together, these measures aim to minimize environmental disturbances and ensure the preservation of sensitive ecosystems throughout the construction process. With implementation of these measures, MM-B1O-3, MM-B1O-4, and MM-B1O-5, impacts to B1O-CU-1 would be minimized to less than significant.
viii. Biological Resources
Impact BIO-CU-2: The proposed project would potentially contribute to a cumulatively considerable impact to riparian habitat or other sensitive natural communities.
Facts in Support of Finding: The proposed project's potential contribution to a cumulatively considerable impact on riparian habitat or other sensitive natural communities necessitates mitigation measures; MM-B1O-1, MM-B1O-2, MM-B1O-4, and MM-B1O-5. MM-B1O-1 and MM-B1O- 2 call for the implementation of on-site construction fencing to protect wetland and riparian areas. These measures ensure that construction activities are confined within designated areas and prevent inadvertent disturbances to sensitive habitats until the permanent outer wall is constructed, safeguarding adjacent riparian and wetland habitats. Additionally, MM-B1O-4 emphasizes the importance of adhering to strict environmental protocols on-site, such as confining construction activities, implementing dust control measures, and maintaining site cleanliness to prevent disruption to wildlife habitats. Furthermore, MM-B1O-5 mandates compliance with specific measures outlined in the Poway General Plan and Poway Grading Ordinance to prevent degradation of wetland and riparian habitats from erosion during construction. With implementation of these measures, MM-B1O-1, MM-B1O-2, MM-B1O_4, and MM-B1O-5, impacts to B1O-CU-2 would be minimized to less than significant. ix. Biological Resources
Impact BIO-CU-3: The proposed project would potentially contribute to the cumulative impact to jurisdictional waters and wetlands.
Facts in Support of Finding: The potential cumulative impact of the proposed project on jurisdictional waters and wetlands requires mitigation measures, as outlined in MM-B1O-1, MM B1O-2, MM-B1O-4, and MM-B1O-5. MM-B1O-1 and MM-B1O-2 necessitate the installation of on- 22 of 111
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site construction fencing to protect wetland and riparian areas, ensuring that construction activities remain confined within designated areas and prevent inadvertent disturbances to sensitive habitats until the permanent outer wall is constructed, thereby safeguarding adjacent jurisdictional waters and wetlands. MM-B1O-4 underscores the importance of strict adherence to on-site environmental protocols, including confining construction activities, implementing dust control measures, and maintaining site cleanliness to prevent disruption to wildlife habitats and minimize impacts on adjacentjurisdictional waters and wetlands. Additionally, MM-B1O-5 mandates compliance with specific measures outlined in the Poway General Plan and Poway Grading Ordinance to prevent erosion and degradation of wetland and riparian habitats, thereby safeguarding jurisdictional waters and wetlands from adverse cumulative impacts during construction. With implementation of these measures, MM-B1O-1, MM-B1O-2, MM-BIO_ 4, and MM-B1O-5, impacts to B1O-CU-3 would be minimized to less than significant. x. Cultural and Tribal Cultural Resources
Impact CUL-1: The proposed project has the potential to materially alter the structure of the rock house (existing historic home, referred to as the Harmon House) through construction-related vibration impacts.
Facts in Support of Finding: MM-CUL-1 would implement a comprehensive plan to safeguard the historical significance of Harmon House during all phases of construction for the proposed project. The project proponent is required to inform construction personnel about the location and importance of Harmon House, along with the avoidance and protective measures to be implemented when working nearby. A Qualified Architectural Historian, meeting the Secretary of the Interior's Professional Qualifications Standards, will be retained to develop a detailed plan in coordination with the City of Poway and the project proponent. This plan includes procedures for reviewing construction plans to note Harmon House's location, initial testing for potential vibration impacts, conducting preconstruction and post-construction surveys to document the house's condition, and implementing protective barriers. Monitoring procedures and notification protocols will be established, and a technical memorandum documenting compliance with protective measures will be submitted to the City of Poway for review and approval. The final approved plan must be submitted before the commencement of work, and the technical memorandum documenting pre-construction and post-construction conditions must be provided within specific timelines to ensure the preservation of Harmon House. With implementation of the comprehensive plan to safeguard the historic significance of Harmon House outlined in MM CUL-1, impacts to the existing historic home would be less than significant. xi. Cultural and Tribal Cultural Resources
Impact CUL-2: Project implementation may result in a substantial adverse change to the setting of the Harmon House (existing historic home).
Facts in Support of Finding: Implementation of MM-CUL-2 would entail the development and execution of a landscape plan for the northern boundary of the Harmon House property in consultation with a Qualified Architectural Historian. This plan will aim to integrate visual screening elements, particularly trees, to mitigate any potential visual impacts from the new 23 of 111
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development proposed to the north of the property. The project proponent will work closely with the Qualified Architectural Historian to ensure that the landscape plan aligns with preservation goals and standards. Furthermore, the execution of this landscape plan will be documented within the technical memorandum detailing pre-construction and post construction conditions, as outlined in MM-CUL-1, to ensure adherence to preservation measures throughout the project. With implementation of MM-CUL-2, impacts related to CUL- 2 would be less than significant.
xii. Cultural and Tribal Cultural Resources
Impact CUL-3: Ground disturbance during project construction could result in the potential to unearth buried archaeological resources.
Facts in Support of Finding: MM-CUL-3 would implement an archaeological resources monitoring program designed to mitigate potential impacts to undiscovered, buried, or previously undetected elements of any archaeological resources within the project site, subject to the satisfaction of the Lead Agency. This program encompasses several key components, including the retention of a qualified archaeologist to oversee the monitoring program and the engagement of a Traditionally Culturally Affiliated (TCA) Native American representative to provide insight on culturally sensitive artifacts or landforms. The project archaeologist and TCA Native American monitor will coordinate closely throughout the monitoring process, which includes attending pre-grading meetings, conducting on-site monitoring during grading activities, and taking appropriate action in the event of the discovery of previously unidentified cultural resources. Additionally, protocols for the treatment and disposition of human remains, if encountered during grading, are outlined in accordance with relevant state codes. All cultural materials collected during the monitoring program will be cataloged, analyzed, and curated according to professional standards, with a comprehensive report documenting the monitoring program and any field investigations submitted to the Lead Agency prior to the issuance of building permits. With implementation of MM-CUL-3 impacts related to CUL-3 would be minimized to less than significant. xiii. Cultural and Tribal Cultural Resources
Impact CUL-4: Discovery of human remains on-site would result in potentially significant impacts.
Facts in Support of Finding: MM-CUL-3 would implement an archaeological resources monitoring program designed to mitigate potential impacts to undiscovered, buried, or previously undetected elements of any archaeological resources within the project site, subject to the satisfaction of the Lead Agency. This program encompasses several key components, including the retention of a qualified archaeologist to oversee the monitoring program and the engagement of a Traditionally Culturally Affiliated (TCA) Native American representative to provide insight on culturally sensitive artifacts or landforms. The project archaeologist and TCA Native American monitor will coordinate closely throughout the monitoring process, which includes attending pre-grading meetings, conducting on-site monitoring during grading activities, and taking appropriate action in the event of the discovery of previously unidentified cultural resources. Additionally, protocols for the treatment and disposition of human remains, if encountered during grading, are outlined in 24 of 111
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accordance with relevant state codes. All cultural materials collected during the monitoring program will be cataloged, analyzed, and curated according to professional standards, with a comprehensive report documenting the monitoring program and any field investigations submitted to the Lead Agency prior to the issuance of building permits. With implementation of MM-CUL-3 impacts related to CUL-4 would be minimized to less than significant. xiv. Cultural and Tribal Cultural Resources
Impact CUL-5: If cultural resources are found at the project site, impacts related to tribal cultural resources would be potentially significant.
Facts in Support of Finding: MM-CUL-3 would implement an archaeological resources monitoring program designed to mitigate potential impacts to undiscovered, buried, or previously undetected elements of any archaeological resources within the project site, subject to the satisfaction of the Lead Agency. This program encompasses several key components, including the retention of a qualified archaeologist to oversee the monitoring program and the engagement of a Traditionally Culturally Affiliated (TCA) Native American representative to provide insight on culturally sensitive artifacts or landforms. The project archaeologist and TCA Native American monitor will coordinate closely throughout the monitoring process, which includes attending pre-grading meetings, conducting on-site monitoring during grading activities, and taking appropriate action in the event of the discovery of previously unidentified cultural resources. Additionally, protocols for the treatment and disposition of human remains, if encountered during grading, are outlined in accordance with relevant state codes. All cultural materials collected during the monitoring program will be cataloged, analyzed, and curated according to professional standards, with a comprehensive report documenting the monitoring program and any field investigations submitted to the Lead Agency prior to the issuance of building permits. With implementation of MM-CUL-3 impacts related to CUL-5 would be minimized to less than significant. xv. Geology and Soils
Impact GE0-1: If unexpected intact paleontological resources are unearthed during ground disturbing activities, then the proposed project could result in significant impacts to unique paleontological resources or sites, or unique geologic features.
Facts in Support of Finding: MM-GEO-1 outlines a paleontological monitoring program to address potential impacts to paleontological resources within areas of moderate to high sensitivity before any grading activities commence. As per the Society of Vertebrate Paleontology guidelines, a qualified paleontologist must be retained by the applicant and present at the preconstruction meeting, with a paleontological monitor on-site during significant ground-disturbing activities. If paleontological resources such as fossils are discovered during grading or trenching, the monitor will temporarily halt or divert grading activity to facilitate recovery, roping off the discovery area with a SO-foot radius buffer.
Recovered paleontological resources will undergo stabilization, preparation, cataloging, and identification before being curated at an accredited fossil repository. Monitoring of specific geologic units, such as the Pleistocene terrace deposits and the middle Eocene Friars Formation, will be conducted full-time initially and adjusted based on monitoring results. In the 25 of 111
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event of well-preseNed fossils, the qualified paleontologist has the authority to halt or redirect construction activities for timely recovery. A detailed report summarizing monitoring and recovery efforts, including a map of fossil site locations, will be submitted to the City of Poway within three months of concluding monitoring activities. With implementation of MM-GEO-1 impacts related to GEO-1 would be minimized to less than significant. xvi. Noise
Impact NOl-1: The project could result in potentially significant construction noise impacts upon existing residences in the project vicinity.
Facts in Support of Finding: MM-NOl-1 mandates the preparation and submission of a Construction Noise Management Plan (CNMP) by the project applicant/owner or construction contractor to the City of Poway Planning Division for review and approval prior to the issuance of a Construction Permit. This plan, prepared or reviewed by a qualified acoustician, outlines detailed construction schedules correlated to on-site project activities and equipment types, along with suggested locations for noise level monitoring. If noise levels exceed the City of Poway's threshold, construction work must be suspended for the activity or phase in question, and measures outlined in the CNMP, such as administrative or engineering controls, or noise abatement measures, must be implemented and approved by the qualified acoustician before work can resume. The CNMP also includes provisions for addressing community noise complaints through a telephone hotline and outlines procedures for investigating and resolving valid complaints, with documentation provided to the City of Poway Planning Division. The effectiveness of implemented mitigation measures is documented and reported to ensure ongoing compliance with noise thresholds. With implementation of MM-NOl-1 impacts to NOl-1 would be minimized to less than significant.
xvii. Transportation
Impact TRA-1: The proposed project would generate a VMT per capita over the regional threshold.
Facts in Support of Finding: MM-TRA-1 would provide alternative modes of transportation information to residents and tenant as part of the "New Resident" or "New Tenant" package.
The HOA will also provide residents with transit schedules within the area, and alert residents when new transit seNices are added, or seNices are charged. The HOA will also act as Travel Advisor, providing new residents and tenants wit information regarding how members of households can travel in alternative ways that meet their needs. Based on US Census data, the average people per household within the City is 2.99. Therefore, the project would be anticipated to have a total of 191 residents (2.99 people per household X 64 units).
All project residents would be targeted with the CBTP. (191 CBTP Targeted Residences/191 Total Residents) x 19% x 12% x1 = 2.3% VMT Reduction. With implementation of MM-TRA-1, impacts related to TRA-1 would be minimized to less than significant. 26 of 111
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VI. FINDINGS REGARDING MITIGATION MEASURES WHICH ARE THE RESPONSIBILITIES OF ANOTHER AGENCY (CEQA 21081(a)(2) AND CEQA GUIDELINES 15091 (a)(s)) The City, having reviewed and considered the information contained in the Final EIR and the Record of Proceedings, finds pursuant to CEQA Section 21081 (a)(2) and CEQA Guidelines Section 15091 (a)(2) that there are no changes or alterations which could reduce significant impacts that are within the responsibility and jurisdiction of another public agency.
VII. FINDINGS REGARDING ALTERNATIVES (CEQA 21081(a)(3) and CEQA Guidelines 15091 (a)(3))
In accordance with Section 15126.6(a) of the Guidelines, an environmental impact report (EIR) must contain a discussion of "a range of reasonable alternatives to a project, or the location of a project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." Section 15126.6(f) further states that "the range of alternatives in an EIR is governed by the 'rule of reason' that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice." Thus, the following discussion focuses on project alternatives that are capable of eliminating significant environmental impacts or substantially reducing them as compared to the proposed project, even if the alternative would impede the attainment of some project objectives, or would be more costly. In accordance with Section 15126.6(f)(1) of the Guidelines, among the factors that may be taken into account when addressing the feasibility of alternatives are: (1) site suitability; (2) economic viability; (3) availability of infrastructure; (4) general plan consistency; (5) other plans or regulatory limitations; (6) jurisdictional boundaries; and (7) whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.
As required in Section 15126.6(a), in developing the alternatives to be addressed in this section, consideration was given to an alternative's ability to meet most of the basic objectives of the project. Because the Harmon Ranch Specific Plan project will cause potentially significant environmental effects unless mitigated, the City must consider the feasibility of any environmentally superior alternatives to the project, evaluating whether these alternatives could avoid or substantially lessen the potentially significant environmental effects while achieving most of the objectives of the project.
The City, having reviewed and considered the information contained in the Final EIR and the Record of Proceedings, and pursuant to Public Resource Code Section 21081 (a)(3) and State CEQA Guidelines Section 15091 (a)(3), makes the following findings with respect to the alternatives identified in the Final EIR (SCH No. 2023020009):
Specific economic, legal, social, technological, or other considerations, including considerations of the provision of employment opportunities for highly trained workers, make infeasible alternatives identified in the Final EIR (SCH No. 2023020009) as described below, as well as any additional mitigation measures.
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taking into account economic, environmental, legal, social, and technological factors." The CEQA statute (Section 21081) and Guidelines (Section 15019(a)(3)) also provide that "other" considerations may form the basis for a finding of infeasibility.
Case law makes clear that a mitigation measure or alternative can be deemed infeasible on the basis of its failure to meet project objectives or on related public policy grounds.
a) Alternatives under Consideration
The project alternatives are summarized below along with the findings relevant to each alternative.
1. No Project/No Development Alternative
CEQA requires an evaluation of the "No Project" alternative so that decision makers can compare the impacts of approving the proposed project with the impacts of not approving it (California Public Resources Code, Section 21000 et seq.). According to CEQA Guidelines Section 15126.6(e), the No Project Alternative must include the assumption that conditions at the time of the Notice of Preparation (i.e., baseline environmental conditions) would not be changed since the proposed project would not be implemented.
The No Project/No Development Alternative assumes that the proposed project would not be developed, which means there would be no residential, recreational, trail, and other community and conservation uses developed on site. Traffic improvements would not be constructed. None of the proposed project site would be permanently preserved as open space. In its existing condition, the site would remain as an undeveloped dirt lot with the four existing residences. Maintenance of the site would not be required.
In comparing the No Project/No Development Alternative to the proposed project, CEQA provides that the "lead agency should proceed to analyze the impacts of the no project alternative by projecting what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services" (14 CCR 15126.6[e][3][C]).
Below, the No Project/No Development Alternative is compared to the proposed project as though it would remain in its existing condition. The existing site, a mostly cleared and primarily vacant dirt lot containing four existing single-family residences that was formerly used as a construction staging yard for San Diego Gas & Electric Company, would retain the underlying Poway Comprehensive Plan: General Plan (General Plan) land use designations and zoning of Residential-Single Family Residential Single Family 7 (RS-7) and would remain in its current condition.
28 of 111
April 2, 2024, Item #9
Draft Candidate Findings
Ha
0 rmon Ranch Specific Plan Project
March 2024
Page18of21
Potentially Significant Effects:
Resolution No. 24-
The No Project Alternative would avoid all impacts identified under the proposed project, as it would avoid any ground-disturbing activities, construction-related emissions, and operational impacts associated with development. Under this alternative, the site would remain in its existing environmental conditions.
Consequently, the No Project Alternative would result in no impacts through the absence of development.
Findings and Supporting Facts:
By maintaining the site in its existing condition, devoid of any new development, this alternative ensures the preservation of air quality, biological resources, cultural and tribal cultural resources, geology and soils, and noise levels. The absence of ground disturbing activities and construction-related emissions eliminates the need for mitigation measures proposed for the project, leading to a significant reduction in potential impacts. Moreover, while the proposed project exacerbates transportation related impacts due to increased VMT, the No Project Alternative circumvents these issues entirely by not contributing to additional vehicular traffic or infrastructure demands. Thus, the comparison underscores the environmental efficacy of the No Project Alternative as a means of minimizing adverse effects and preserving the ecological integrity of the site. However, this No Project Alternative does not meet any Project objectives or achieve any Project benefits.
2. Existing Zoning Alternative
The Existing Zoning Alternative would have the project site retain its original zoning designation, Residential Single Family 7 (RS-7), instead of changing its zoning to Planned Community (PC). RS-7 zones in the City of Poway permit single-family homes on a minimum of 4,500-square-foot lots and a maximum density of 8 dwelling units per acre (City of Poway 1991 ). Since the residential project area is 7.26 acres, that means that the project site could have a maximum of 58 housing units, five fewer than the proposed project's goal of 63 units. Although fewer units would be developed, the footprint of disturbance to construct the reduced number of residences would be roughly the same as the proposed project, since the lot sizes would be larger.
Potentially Significant Effects:
The comparison of the effects between the proposed project and the Existing Zoning Alternative would result in similar environmental impacts. Both scenarios pose potential significant impacts on air quality, biological resources, cultural and tribal cultural resources, geology and soils, noise, and transportation. Despite differences in the number of residences constructed, the footprint of disturba.nce and associated impacts remain consistent between the proposed project and the alternative.
Mitigation measures proposed for the project would similarly be required for the alternative, indicating comparable levels of impact. This suggests that while the 29 of 111
April 2, 2024, Item #9
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Resolution No. 24-
alternative may marginally reduce certain impacts due to a smaller scale of development, it still necessitates similar mitigation efforts and yields parallel environmental consequences to those of the proposed project.
Findings to Support Facts:
The findings outlined in the comparison highlight the comparable nature of the potential effects between the proposed project and the Existing Zoning Alternative.
Mitigation similar to that proposed under the project would be required under this alternative for all identified project impact areas. Despite comparable impacts on the environment, the Existing Zoning Alternative would implement the Project objectives to a lesser extent than the project by producing less housing and implementing a project that is not master planned. This Alternative is ultimately infeasible for these reasons, as well as financially infeasible.
3. Density Bonus Alternative
Under the Density Bonus Alternative, the project site would be developed with up to 92 lots utilizing the State's density Bonus Program. Four (4) of the proposed 92 units under this Alternative would be designated as very low income units. The 92 units would be single-family homes, with internal circulation and approximately 4,500 sf of open space recreation area. This Alternative would use the allowed Density Bonus concession request to reduce the zoned minimum lot sizes for the site from 4,500 sf to 2,400 sf.
A developer may acquire the right to develop at a specific density under State of California Density Bonus Law (Government Code Sections 65915-65918). The State of California's Density Bonus Law was established to promote the construction of affordable housing units and allows projects to exceed the maximum designated density and to use development standard waivers, reductions or incentives and concessions in exchange for providing affordable housing units in compliance with all current density bonus regulations. The City is required to implement these state requirements. The project proposes 63 total single-family homes, which is fewer than the 92 allowed under the density bonus.
With approval of the Density Bonus, the City may not legally require a reduced number of units the applicant is permitted to construct below the 92 single-family units proposed under this Alternative. This Alternative would provide affordable housing on site to help satisfy the State and City's current and future demand for housing.
Potentially Significant Effects:
Under the Density Bonus Alternative, there would be a substantial increase in housing units, resulting in similar or increased impacts compared to the project. While both scenarios entail similar ground-disturbing activities and construction-related emissions, the Density Bonus Alternative introduces additional units, potentially exacerbating impacts to air quality, biological resources, cultural and tribal cultural 30 of 111
April 2, 2024, Item #9
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
Resolution No. 24-
resources, noise, and transportation. This alternative, by allowing for the development of more homes than the proposed project, could lead to longer durations of construction-related emissions and increased traffic, necessitating additional mitigation measures to address these heightened impacts. Consequently, compared to the proposed project, the Density Bonus Alternative presents comparable or potentially greater impacts.
Findings to Support Facts:
Despite offering the potential for affordable housing units, the Density Bonus Alternative introduces significant environmental considerations, including heightened impacts on air quality, biological resources, cultural and tribal cultural resources, noise, and transportation. The increase in the number of units exacerbates existing environmental concerns, potentially necessitating additional mitigation measures beyond those proposed for the project. While the alternative aligns with state requirements aimed at promoting affordable housing, it also underscores the need for careful consideration of environmental impacts and further public outreach. This Alternative is not feasible because it does not avoid any significant environmental impacts, but would only increase those impacts.
Statement of Overriding Considerations
The City Council of the City of Poway adopts and makes this statement of overriding considerations concerning the project's unavoidable significant impacts to transportation to explain why the project's benefits override and outweigh its unavoidable impacts.
The City Council of the City of Poway finds that the project's significant environmental impacts are acceptable when balanced with the project's benefits.
Each of the benefits cited below constitutes a separate and independent basis that justifies approval of the project and outweighs the unavoidable adverse environmental effects of approving the project, and thus make the adverse environmental effects acceptable. Thus, even in the absence of one or more of the reasons set forth below, the City has determined that each remaining reason, or any combinations of reasons, is a sufficient basis for approving the project, notwithstanding any significant and unavoidable impacts that may occur.
1. Single-Family Housing: The project's proposed single-family homes and associated amenities would support a reasonable share of the City's projected regional population growth to help the City meet its required regional housing needs, as detailed in the City's General Plan Housing Element and SANDAG's Regional Housing Needs Assessment. The project would assist with the City's high demand of available single-family homes.
2. Tax and Public Facilities Financing: The project will provide a stable and significant source of property tax revenue for the City, which will be significantly increased compared to existing conditions. The project will make a fair share contribution towards the financing of public improvements and services, including police, fire, parks and recreation, and roadway infrastructure through development impact fee 31 of 111
April 2, 2024, Item #9
Draft Candidate Findings
Harmon Ranch Specific Plan Project
March 2024
payments.
Resolution No. 24-
3. Job Creation: The project will boost the local economy by supporting construction related jobs during the approximately 29 months of project construction.
4. Housing in Proximity to Jobs and Services: The project would provide an opportunity for workers to reside within in the City in close proximity to job centers within the City, such as the City's business park, and other surrounding municipalities, which would reduce VMT and other environmental impacts associated with longer commutes, including air quality and noise. By providing reasonably priced housing in the City, the project would also support the City's employers and their ability to attract quality employees.
5. Designated Open Space: The project would designate approximately 3.2-acres of open space area onsite, consisting of preserved biological habitat, usable open space available to both residents of the site and the public, and designated non-useable open space area. The site is currently not open to the public.
Conclusion
In light of the foregoing, and the information contained within the Final EIR and other portions of the project record, the City concludes that implementation of the Harmon Ranch Specific Plan Project will result in the development of a beneficial project as outlined above. The City also finds that the benefits identified above outweigh and make acceptable the significant, unavoidable environmental impacts associated with the Harmon Ranch Specific Plan Project and, accordingly, adopts this Statement of Overriding Considerations. 32 of 111
April 2, 2024, Item #9
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING THE CITY'S GENERAL
PLAN FOR THE HARMON RANCH SPECIFIC PLAN (SP) 22-0001
(GENERAL PLAN AMENDMENT (GPA) 22-0001 ); ASSESSOR'S
PARCEL NUMBERS; 317-500-14-00, 317-500-13-00, 317-500-12- 00, 317-500-11-00, 317-500-09-00, 317-500-10-00, 317-500-03- 00, 317-500-02-00, 317-501-02-00 AND 317-501-01-00
WHEREAS, the Harmon Ranch Specific Plan (HRSP) contains definitions, a land use plan, development standards and design guidelines that sets the policy framework to guide development;
WHEREAS, the HRSP requires that the City also amend the City's General Plan, including the General Plan Land Use Map and Zoning Map;
WHEREAS, the HRSP will contain the zoning and land use designations, development standards and design guidelines for future development within the Specific Plan (SP) area; WHEREAS, the proposed amendments ensure consistency between the HRSP and the City's General Plan;
WHEREAS, on April 2, 2024, the City Council of the City of Poway also considered approval of associated entitlements General Plan Amendment (GPA) 22-0001, Zone Change (ZC) 22-0001, Zoning Ordinance Amendment (ZOA) 24-0001, Tentative Tract Map (TTM) 22- 0001 and Development Review (DR) 22-0003 as well as the certification of a Final Environmental Impact Report (FEIR) (EA 23-0001 ), a request to adopt a specific plan, subdivide 11.5 acres of land, construct 63 new residences and preserve one locally designated historic home; WHEREAS, section 65350, et seq., of the California Government Code describes the procedures for amending General Plans;
WHEREAS, on April 2, 2024, the City Council heal a duly advertised public hearing 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: The above recitals are true and correct.
SECTION 2: A FEIR (EA 22-0001) was prepared for the HRSP SP 22-0001 and associated entitlements ZC 22-0001, ZOA 24-0001, GPA 22-0001, TTM 22-0001 and DR 22- 0003. The City Council certified the FEIR at a duly noticed public hearing on April 2, 2024. This General Plan amendment is made in furtherance of, and consistent with, SP 22-0001 and is a required entitlement to allow development of the Harmon Ranch project, as specifically analyzed in the FEIR. Approval of GPA 22-0001 is part of the City Council's April 2, 2024, approval of the
ATTACHMENT B
33 of 111
April 2, 2024, Item #9
entire Harmon Ranch project.
Resolution No. 24-
SECTION 3: The City Council finds that this General Plan amendment is consistent with SP 22-0001, ZOA 24-0001 and the corresponding ZC 22-0001 and would maintain land use compatibility with the surrounding properties.
SECTION 4: The City Council hereby approves GPA 22-0001, amending the General Plan land use designation of the project site from RS-7 to PC-10, and amending certain sections of the City's General Plan as specified below:
(The remainder of this page is intentionally left blank) 34 of 111
April 2, 2024, Item #9
\
Resolution
No.
24-
Page
3 SECTION
5:
Table
111-2
on
Page
9 of
the
General
Plan
Community
Development
Element
shall
be
amended
as
follows:
LAND
USE
POWAY
COMPREHENSIVE
PLAN
:
GENERAL
PLAN
TABLE
111-2
DISTRIBUTION
OF
LAND
USES
CATEGORY
~
PERCEN
T
LAND
USE
CATEGORY
~
PERCENT
1. INCORPO
RATED
CITY
2. SPHERE
OF
INF
LUENCE
BesidentiD
I
Rel.iident
ial
RR-A
7,48
3 29.8
RR-A
2 J-2
lQQ.Q
RR-8
1,3
19 5.3
RR-C
3,207
12.8 SUBTOTAL
2,136
100.0
R~l
33 0.1
R~2
431
1.7 3.
PLAl'lril
riG
AREA
R~3
64 0.3
R~
583
2.3 Residenti~
I
R~7
+,-3t5
1,303
.5 5.2
RR-A
542
34.8 PRO
723
2.9 Oge
n S~ai:;e
MHP
99 0.4
O~M
1.017
~
RC
143
0.6 RA
81 0.3
SUBTOTAL
1,559
100.00
CQmm~[ki
al
co
79 0.3
GRAND
TOTAL
28,807
1 0 0
.
CN
3 CG
217
0.9 cc
109
0.4 Mam.1rnktl.l[iag
MS
36 0.2
Ooea
St!
i!C.t
OS
50 0.2
O~
4.lS
301
l..6
1.2 O~M
2,598
10 .3
□
Special
Pur~
PF
271
1.1 PC
3,760
.5-3,632
~
l4.5
14 .9
illill.il2Q!1atiQ0
C2rcidorl,i 2.218
~
0 COMMUNITY
DEVELOPMENT
· 9
INCLUDES
ADMENOMENTS
THROUGH
GPA
96-02A
GP
~
19 881
GP
A
22 -00
01 35 of 111
April 2, 2024, Item #9
Resolution
No.
24-
Page
4 SECTION
6:
Page
13 of
the
General
Plan
Community
Development
Element
shall
be
amended
as
follows:
POWAY
COMPREHENSIVE
PLAN:
GENERAL
PLAN
parcel-sp
ecific
issues
can
be
addressed
specify
the
income
group
or
groups
being
with
creative
solutions
.
. 1 h
Farm
,n
Po
.,ay
targeted
by
each
allowed
density
.
The
~
'--
-
--
---'
specific
plan
must
also
include
conditions
rhere
1areas
are
curre
• tly
designated
under
which
the
parcel
may
be
developed
Planned
Community
_: r
ey
are
Rancho
at
the
higher
densities,
including
Har
mon
Ran
ch
Arbolitos,
South
Powa
and
Old
Coach.
guarantees
of
affordability
to
the
specified
anc
o r
I os
inc
u
es
only
single-
income
categories
and
any
design
criteria
family
homes
.
The
Old
Coach
area
has
necessary
to
ensure
compatibility
with
been
approved
for
estate
single-family
surrounding
development.
homes
and
a
27-hole
golf
course
with
club
house.
The
distribution
of
land
uses
in
South
Poway
is
shown
on
Figure
111-1
.
Public
Facilities
Public
Facilities
(PF):
The
Public
Facilities
designation
is
intended
for
lands
containing
privately
and
publicly
owned
facilities
serving
the
needs
of
the
general
community
.
These
include
the
schools,
school
district
headquarters,
fire
stations,
water
treatment
facility,
City
Hall
and
other
similar
uses.
(Amended
per
GPA
93-01A)
Overlays
AFFORDABLE
HOUSING
OVERLAY
DESIGNATION
(AH):
In
order
to
provide
for
adequate
affordable
housing
sites
in
the
community, the
AH
overtay
designation
is
established
and
may
be
attached
to
property
within
any
land
use
category,
including
non-residential
categories,
but
not
including
the
Open
Space
Resource
Management
category
.
A
specific
plan
must
be
prepared
for
each
area
carrying
the
AH
~
"'l:I'
·-·-
.
·nese
specific
ptans
,
11ay
allow
residential
development
at
res
ident
ial densities
up
to
2~1ting.:mits
per
acre
and
must
Properties
carrying
the
AH
designator
may
be
developed
either
according
to
the
underlying
zoning
or
once
th&
specific
plaA
i8
adopted
, as
affordable
hou~
~
according
to
the
criteria
set
out
in
"Tu
e,____,
specific
plan
.
Deltelopment
at---#le
bighec
ciensity_
llla¥t
OGGYF
af.tef-ttle
specific
plan
is-
adop
.
PROMINENT
RI
GELINE
(PR):
This
overlay
is
establish
for
the
protection
of
ridgelines
wit
special
significance
to
the
community
.
Development
is
not
permitted
on
ese
areas. ... the
ca
c
of
prop
rt,
s
designated
AH
-M
or th
Deve
lopm
ent
Code
in
th
e case
of
µropcrtie
de
sign
ated
AH
-L.
(Arn
ndm
ent
per
GPA
08 ·01
app,O\'e<l
by
Reso
luUon
08·072
adol)led
08 /19/2008
.)
AH
-M d
esignator
for
mod
rat
e
incom
e
l1ousing
.
Th
ese
Sp
ec
ific
Plans
shall
allo
w
residenti
al d
eve
lopme
nt
at res
idenu
al
densilles
up
to
30 dw
elling
unit
s ...
(A
mendmen
t per
GPA
08 ·01
approv
ed
by
Resol
utio
n
08-072
adopted
08/19/2008
.)
COMMUNITY
DEVELOPMENT
-13
INCLUDES
ADMENDMENTS
THROUGH
GPA
96--02A -1-9-00i
GPA
22 -0001
36 of 111
April 2, 2024, Item #9
Resolution No. 24-
SECTION 7: 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 for 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 SP 22-0001, GPA 22- 0001, ZC 22-0001, ZOA 24-0001, TTM 22-0001 and DR 22-0003) and any environmental document or decision made pursuant to CEQA (EA 23-0001 ). 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.
SECTION 8: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of April, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
37 of 111
April 2, 2024, Item #9
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
(TTM) 22-0001 AND DEVELOPMENT REVIEW (DR) 22-0003 FOR
THE HARMON RANCH SPECIFIC PLAN SP 22-0001;
ASSESSOR'S PARCEL NUMBERS; 317-500-14-00, 317-500-13-
00, 317-500-12-00, 317-500-11-00, 317-500-09-00, 317-500-10- 00, 317-500-03-00, 317-500-02-00, 317-501-02-00 AND 317-501- 01-00
WHEREAS, the City Council considered Tentative Tract Map (TTM) 22-0001 and Development Review (DR) 22-0003; a request to subdivide 11.5 acres of land into 64 lots, construct 63 new single-family residences and preserve one locally designated historic home located at 12623, 12624, 12650, 12702 Oak Knoll Road and six additional vacant parcels in the Residential Single Family 7 (RS-7) zone;
WHEREAS, on April 2, 2024, the City Council of the City of Poway also considered approval of the Harmon Ranch Specific Plan (HRSP) (SP) 22-0001 and associated entitlements General Plan Amendment (GPA) 22-0001, Zone Change (ZC) 22-0001 and Zoning Ordinance Amendment (ZOA) 24-0001 as well as the certification of a Final Environmental Impact Report (FEIR) (EA 23-0001 ), a request to adopt a specific plan, subdivide 11.5 acres of land, and construct 63 new residences, preserve one locally designated historic home.
WHEREAS, on April 2, 2024, the City Council held a duly advertised public hearing 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: The above recitals are true and correct.
SECTION 2: A FEIR (EA 22-0001) was prepared for the HRSP SP 22-0001 and associated entitlements GPA 22-0001, ZC 22-0001, ZOA 24-0001, TTM 22-0001 and DR 22- 0003. The City Council certified the FEIR at a duly noticed public hearing on April 2, 2024. This TTM and DR is made in furtherance of, and consistent with, SP 22-0001 and are required entitlements to allow development of the Harmon Ranch project, as specifically analyzed in the FEIR. Approval of TTM 22-0001 and DR 22-0003 is part of the City Council's April 2, 2024, approval of the entire Harmon Ranch project.
SECTION 3: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM 22-0001, are made as follows:
A. The TTM is consistent with the objectives and policies of the General Plan in that it would allow for the construction of single-family residences at a density and design compatible with surrounding existing development.
ATTACHMENT C
38 of 111
April 2, 2024, Item #9
Resolution No. 24-
B. The design and improvements required of the TTM are permitted within the Planned Community (PC) zoning and the HRSP established design and improvement standards, in that the approved lot sizes and configurations adhere to the development standards of the HRSP and the Poway Municipal Code (PMC) and allow for properly spaced buildings and provide areas for landscape and encourage a variety in the design and placement of structures.
C. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to accommodate the proposed density and is compatible and in character with development in the vicinity and the development minimizes the amount of grading needed for development and utility construction and the development sites and roadways are oriented to follow the natural terrain to maintain landform integrity.
D. The design of the TTM is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the proposed project will be developed in accordance with City and other governmental agency requirements and mitigation measures will be incorporated pursuant to the FEIR, as specified in the Mitigation Monitoring and Reporting Program (MMRP).
E. The approval of the TTM is not likely to cause serious public health problems in that the City water and sewer service will be provided to the proposed project.
F. The design of the TTM will not conflict with any easement acquired by the public at large, now on record, for access through or use of the property within the subdivision. The ultimate development of the site shall be accommodated without obstructing or otherwise impacting existing easements or improvements within existing easements, without first obtaining authorization from the easement holders.
SECTION 4: The findings for DR 22-0003, in accordance with the PMC Section
17.52.010 Purpose of DR, are made as follows:
A. The proposed project has been designed to be architecturally compatible with surrounding development and conforms to the HRSP development standards and design guidelines.
There are varying building types and varying architectural styles, colors, and materials with the same or similar styles, colors, and materials as the surrounding area. The proposed development complies with grading limitations of the General Plan. The development respects the interdependence of land values and aesthetics to the benefit of the City and surrounding area and provides a landscape buffer around the majority of the proposed project area.
B. The proposed project has been designed to mIrnmIze impacts on surrounding development by utilizing a compatible architectural design consistent with HRSP.
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 proposed development will maintain the public health, safety and general welfare within the City in that it will meet City grading, building, and stormwater quality requirements and comply with City standards for development.
D. The granting of the DR would be cognizant of the public concerns for aesthetic 39 of 111
April 2, 2024, Item #9
Resolution No. 24-
development in that the development will consist of single-family homes, passive open space areas and landscaping that will blend in with the natural setting in colors and design and will not distract from the existing natural landforms.
E. The proposed project will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties or the City in general, in that the proposed project will be similar to other development in the area, create a transition in density between multi-family zone to the west and single-family zone to the east and will comply with City design standards and meet City grading, building and stormwater quality requirements.
F. The proposed project generally complies with the vision and the provisions of the Zoning Ordinance and the General Plan.
SECTION 5: 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 common facilities will be available to serve the proposed project and the general public.
B. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as further described in the conditions of approval.
C. In accordance with the Poway General Plan, the proposed 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 6: The City Council finds that this TTM and DR is consistent with SP 22-0001, GPA 22-0001 and the corresponding ZC 22-0001, ZOA 24-0001 and would maintain land use compatibility with the surrounding properties.
SECTION 7: The City Council hereby approves TTM 22-0001 and DR 22-0003 including the proposed uses as shown on file in 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 proposed Project approval set for 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 SP 22-0001, GPA 22-0001, ZC 22-0001, ZOA 24-0001, TTM 22-0001 and DR 22-0003) and any environmental document or decision made pursuant to CEQA (EA 19-001 ). 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 40 of 111
April 2, 2024, Item #9
Resolution No. 24-
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.
A. This approval is based on the existing site conditions and proposed project details represented on the approved plans on file in the Development Services Department. 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.
B. In accordance with PMC Section 16.50.020(F), any grading plan which proposes fill slopes having a vertical height of 30 feet or greater shall be subject to the review and approval of the City Council prior to permit issuance. Any adjacent retaining wall or crib wall height shall not be included in slope height calculations.
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 proposed project shall comply with all mitigation measures established under the certified FEIR as specified in the MMRP attached to this resolution as Exhibit A.
E. The conditions for the proposed 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.
F. Within 90 days of approval, unless other timing is indicated, the following conditions shall be complied with:
(Planning)
1. The applicant shall apply for and obtain an issued demolition permit (or permits) to remove all structures/buildings including accessory buildings, with the exception of the locally designated historic home. Demolition work shall be completed no later than one hundred and twenty (120) days after date of issuance.
2. Any dead trees on the properties identified by the City, which are located within one hundred (100) feet of adjacent homes or buildings, shall be removed by the applicant within the timeline indicated on the written notice sent to the applicant, should any such tree(s) be identified.
3. Gates and fences surrounding the properties shall be regularly maintained, secured and repaired. All gates allowing access to City utility easements shall be maintained and accessible to City staff with use of a City approved padlock, issued or placed by Poway's Public Works Department.
41 of 111
April 2, 2024, Item #9
Resolution No. 24-
4. All City easements and utility infrastructure shall be accessible, un-obstructed and may not be encroached upon, unless written authorization from the agency holding the easement should allow it.
5. All exterior graffiti on the property shall be removed or covered by the applicant.
6. Until the project is completed, City staff shall be permitted to continue to enter and monitor the condition of the property to ensure safety.
7. The properties shall be maintained in a safe condition, and may not pose a safety hazard, health hazard, and/or create a nuisance, as defined by the PMC, State law or Federal regulation.
8. Demolition of existing structures shall include investigations for lead and asbestos with appropriate mitigations prepared by certified professionals.
G. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with:
(Engineering)
1. Within thirty (30) days after tentative map approval, the applicant shall submit in writing to the City's Senior Planner that all conditions of approval have been read and understood.
2. This approval is based on the existing site conditions represented on the approved tentative map. If actual conditions vary from representations, the approved tentative map must be changed to reflect the actual conditions. Any substantial changes to the tentative map must be approved by the Director of Development Services and may require approval of the City Council.
3. The final map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant.
4. The final map shall conform to City standards and procedures, the City Subdivision Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, and all other applicable laws, regulations, and ordinances.
5. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied, or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal.
6. Irrevocable Offers of Dedication shall be offered over all private roads and driveways on the Final Map.
42 of 111
April 2, 2024, Item #9
Resolution No. 24-
7. Public utility easements for proposed public water and sewer are to be dedicated to the City on the Final Map. Clear access to City meters, fire hydrants, manholes and maintenance structures is required.
8. Easements will be required for all public facilities and access onsite. This may include, but is not limited to: easements for utilities, streets, sidewalks, trails, and a public access easement over open space lot 1 on the south side of Oak Knoll Road.
9. A private road maintenance agreement shall be executed. The applicant shall submit any necessary legal descriptions and plat maps for the agreement. The agreement shall include all private roads from the proposed driveway to the nearest public road. The agreement shall be in a form satisfactory to the City Attorney.
10. If there is an instrument for Covenants, Conditions, and Restrictions (CC&R), which addresses construction and maintenance of the private road, slopes, utilities, drainage, or accesses in the subdivision, said CC&R shall be reviewed by the City prior to recordation.
11. A mylar copy of the Final Tract map shall be provided to the City within three months of its recordation or prior to building permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted.
12. A monumentation bond in an amount acceptable to the City Engineer shall be posted.
13. Within 30 days after City Council approval of the Final Tract Map, the subdivider shall pay the City the sewer connection fee.
14. The applicant shall pay the drainage impact development fee in effect at the time of subdivision.
15. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City's project engineer, in accordance with the submittal and content requirements listed in the PMC shall be approved.
Submittal shall be made to the Department of Development Services Engineering Division. The improvement design shall be 100% complete at the time of submittal and ready for approval. The submittal package shall include, at a minimum, the following:
a. A new public pedestrian access and trail shall be provided on the eastern edge of the project boundary to provide future access to the adjacent commercial properties.
b. Public sewer improvements connecting all 63 units to the nearest public sewer main in Oak Knoll Road.
c. Public water improvements including fire hydrants and related 43 of 111
April 2, 2024, Item #9
Resolution No. 24-
appurtenances connecting all 63 units to the public water main located in Oak Knoll Road and Roca Grande Drive.
d. Public road, sidewalk, and street light improvements along Oak Knoll Road. e. A pedestrian crosswalk to include signage, striping and rectangular rapid flashing beacons shall be installed on Oak Knoll Road.
16. The project requirements for fire protection specify the installation of fire hydrants and expansion of the water system necessary to support the installation of the hydrants. If the water system shown on the approved plans is modified, a new Water System Analysis may be required for the final design of the proposed water system expansion. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans.
17. If the sewer system as shown on the approved plans is modified, a revised Sewer Study shall be submitted to the City. The sewer study shall be reviewed and approved by the City prior to improvement plan approval.
18. The public improvement plan shall be approved. The applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for monumentation and public improvements.
19. Prior to the start of any work within a City-held easement or right-of-way, a Right of-Way (ROW) permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.
20. Easements shall be shown for Homeowner's Association (HOA) maintenance access to the private storm drain and structures on lots 6 through 11 and 64.
21. A new water easement will be required at the end of Roca Grande to encapsulate the relocated/new fire hydrant.
(Planning)
22. A General Plan Trail is required within the proposed project. The applicant shall include a minimum eight-foot-wide public access improvements. An eight-foot wide public access easement shall be recorded over that portion of land.
23. Provide a Maintenance Exhibit for all site areas clearly indicating the responsible maintenance entities (HOA, City, other).
24. HOA shall be formed and CC&R's recorded.
25. Public access easements shall be provided to all publicly accessible areas, including streets, trails, and the OS-1 area as indicated in the HRSP.
26. The project will require a minimum six-foot landscape easement along the frontage of the new single-family homes to protect and maintain the required street trees in 44 of 111
April 2, 2024, Item #9
perpetuity.
Resolution
No
. 24-
Page
8 27.
All
proposed
project
street
trees
shall
be
maintained
by
the
HOA,
with
maintenance
requirements
provided
in
the
CC&Rs
.
28. The
proposed
Oak
trees
at
the
locally
designated
historic
home
shall
be
protected
in
perpetuity,
either
through
an
easement
or
deed
covenant
to
the
satisfaction
of
the
Director
of
Development
Services.
29. Permanent
deed
restrictions
shall
be
executed
restricting
future
development
of
the
open
space
to
that
specified
in
HRSP
and
prohibiting
future
increases
in
residential
density
to
the
satisfaction
of
the
Director
of
Development
Services
.
30. If
the
project
will
be
phased,
the
applicant
shall
be
responsible
for
presenting
a
phasing
plan
to
the
satisfaction
of
the
Development
Services
Director.
31. CC&Rs
for
the
HOA
shall
be
submitted
to
the
City
for
review
and
approval
to
the
satisfaction
of
the
Director
of
Development
Services
and
shall
be
written
to
the
satisfaction
of
the
Director
of
Development
Services.
The
CC&Rs
shall
include
the
conditions
herein
to
the
satisfaction
of
the
Director
of
Development
Services
and
shall
be
recorded
prior
to
or
concurrent
with
the
final
map
and
shall
include,
but
not
be
limited
to
the
following
:
a.
The
formation
of
an
HOA
with
maintenance
responsibilities
is
required.
b.
The
CC&Rs
shall
identify
and
implement
the
Best
Management
Practices
(BMP)
identified
in
the
Stormwater
Quality
Management
Plan
(SWQMP)
prepared
for
this
project
and
state
that
the
Developer,
Current
and
Future
Property
Owners
shall
comply
with
the
recommendations
of
the
SWQMP
prepared
for
this
project
to
the
satisfaction
of
the
City
Engineer.
Funding
of
the
long-term
maintenance
of
all
facilities
required
by
the
SWQMP
shall
be
included
in
the
annual
HOA
budget.
c.
CC&Rs
shall
include
on-going
maintenance
of
landscaping
and
irrigation
(private
and
within
public
ROW)
of
slopes,
parkways
and
open
space
areas
as
illustrated
on
the
approved
landscape
and
irrigation
plan
. This
plan
shall
be
included
in
the
CC&Rs
. All
landscaping
shall
be
well
maintained
in
a
healthy
growing
condition
at
all
times
in
substantially
the
same
condition
as
approved
in
accordance
with
the
approved
landscape
and
irrigation
plans
.
Sprinkler
heads
shall
be
adjusted
so
as
to
prevent
overspray
upon
the
public
sidewalk
or
the
street.
The
proposed
sprinkler
heads
shall
be
installed
behind
the
sidewalk,
and
the
irrigation
mainline
upon
private
property
only,
as
required
by
the
City.
The
HOA
or,
its
successors
or
assigns,
shall
remove
and
relocate
all
irrigation
items
from
the
public
ROW
at
no
cost
to
the
City,
and
within
a
reasonable
time
frame
upon
a
written
notification
by
the
City
Engineer.
An
Encroachment,
Maintenance,
and
Removal
Agreement
shall
be
notarized
and
recorded
prior
to
recordation
of
the
final
map
or
building
permitting.
The
City
will
provide the template
for
the
agreement.
All
landscaping,
including
areas
within
the
adjacent
public
ROW,
shall
be
adequately
irrigated,
and
permanently
and
fully
maintained
by
the
HOA
at
45 of 111
April 2, 2024, Item #9
Resolution No. 24-
all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. Trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove more than 25 percent of the trees' leaf surface.
d. Street trees along the roadway shall not obstruct the ability of fire apparatus access and fire department aerial operations. Tree height and type should be considered in the ultimate landscape design.
e. Operational recommendations of the Mitigation Monitoring and Reporting Program (MMRP), including the traffic study shall be incorporated into the CC&Rs.
f. Provide Community-Based Travel Planning. The project HOA shall provide alternative modes of transportation information to residents and tenant as a part of the "New Resident" or "New Tenant" package. The HOA will also provide residents with transit schedules within the area, and alert residents when new transit services are added, or services are charged. The HOA will also act as Travel Advisor, providing new residents and tenants with information regarding how members of households can travel in alternative ways that meet their needs.
g. Immediate removal of graffiti and any other type of offensive debris is required.
h. The exterior colors and materials shall be substantially consistent with the color and material board submitted with the application to the satisfaction of the Director of Development Services. Any modifications to the color and materials sample board shall be submitted for review and approved to the satisfaction of the Director of Development Services.
i. All garage doors shall be automatic roll-up type doors and equipped with remote control devices.
j. All garages shall be available for required off-street parking (20-foot-wide by 20-foot-deep interior clear space) at all times except that minor projections are permissible where it can be found that the projections would not hinder the placement of a vehicle within the area.
k. Parking on-site is only permitted within designated parking spaces and within the dwelling units' garages and driveways.
I. No on-site parking spaces shall be assigned.
m. Maintain the drainage facilities and any access easements (where they occur) on the property.
46 of 111
April 2, 2024, Item #9
Resolution
No.
24-
Page
10 n.
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.
o.
The
property
shall
comply
with
all
performance
standards
relating
to
the
generation
of
noise,
glare,
dust,
and
odor.
p.
If
any
fire
hydrant
is
taken
"OUT
OF
SERVICE,"
the
Fire
Department
shall
be
notified
immediately
and
the
hydrant
marked,
bagged,
or
otherwise
identified
as
"OUT
OF
SERVICE"
as
directed
by
the
Fire
Marshal.
q.
Designated
fire
apparatus
streets
and
turn-arounds
shall
be
maintained
accessible
and
usable
by
emergency
vehicles.
Usable
conditions
include
but
are
not
limited
to
the
following:
i.
An
all-weather
road
surface
shall
be
maintained.
ii.
Road
shall
support
imposed
loads
of
fire
apparatus
at
75,000
pounds.
iii.
No
parking-fire
lane
signs
shall
be
repaired
or
replaced
as
needed.
iv.
Fire
lanes
shall
remain
free
at
all
times
of
any
obstruction
including
but
not
limited
to:
vehicles,
storage,
debris,
etc.
v.
Fire
lane
or
hammerhead
turn-around
shall
maintain
an
unobstructed
width
of
20 feet
and
a
minimum
13'
6"
vertical
clearance.
vi.
Grades
exceeding
12 percent
shall
be
concrete
with
a
deep
broom
finish
perpendicular
to
the
access
roadway.
vii.
Fire
Department
approval
and
conditions
are
required
for
fire
apparatus
access
roads
with
grades
between
1 O
percent
and
20 percent.
viii.
All
required
fire
access
roads
and
turn
arounds
shall
have
a
minimum
28 foot
turning
radius
or
as
approved
by
the
fire
code
official.
r.
Safety
features
including
fire
sprinklers,
ignition
resistant
construction,
smoke
and
carbon
monoxide
detectors
and
fire
resistive
landscaping
shall
be
maintained
in
accordance
with
California
Fire
Code,
California
Building
Code,
California
Vehicle
Code
(fire
lanes},
City
Municipal
Code
and
any
other
applicable
codes.
s.
All
trash
and
recycling
receptacles
are
required
to
be
within
the
individual
residence's
private
yards
at
all
times,
except
that
waste
containers
are
permitted
directly
outside
of
the
individual
dwelling
units
within
ten
hours
of
47 of 111
April 2, 2024, Item #9
Resolution No. 24-
the trash pick-up times specified by EDCO waste and recycling company. t. Rooftop mechanical equipment, including but not limited to heating, air conditioning and ventilating equipment, shall be screened so that it may not be seen from the level of adjacent streets and sidewalks. u. The use of barbed wire or razor ribbon on any fences, gates, or walls is prohibited.
v. Five-foot high fencing shall be maintained on all residential properties around rear privacy yards on the property lines or at the top of slopes except when attaching to the residences.
w. Ongoing maintenance of any onsite private sewer and water systems is required to the satisfaction of the Director of Safety Services and the Director of Public Works.
x. The CC&Rs shall clearly establish the responsibilities of the individual homeowners and the HOA with regard to the continuing maintenance and preservation of the project.
y. The CC&Rs shall give the City the right but not the duty to enter the premises to do maintenance and levy assessments if the homeowners fail or refuse to maintain said facilities.
z. Amendments to the CC&Rs that affect any requirement of this resolution shall require express written consent of the City.
aa. Common open space areas shall be well maintained at all times (e.g., bike racks, barbeques, tables, landscape and signage).
bb. New swimming pools shall be covered when not actively in use. cc. All gates and fences on the properties shall be regularly maintained, secured and repaired. All gates granting access to City utility easements shall be maintained and accessible to City staff with use of a City approved padlock, issued or placed by Poway's Public Works Department. dd. All swimming pools shall be adequately secured from access and maintained in a safe condition. Inspection staff employed with the County of San Diego Vector Control Division shall be granted regular access to inspect swimming pools and landscaping ponds on the properties as needed or investigate other vermin/vector related concerns on the properties. ee. Signs prohibiting recreational vehicles or trailers shall be posted within parking areas. Signs shall indicate the consequences of violating the statute (towing, fines or citations), as well as the tow company's phone number. ff. RV and trailer parking is prohibited.
48 of 111
April 2, 2024, Item #9
Resolution No. 24-
gg. All exterior structural colors and materials shall be consistent and compatible with the approved colors and materials board. (Public Works)
32. Clear access to City meters and an appropriate access easement is required.
33. Sewer alignments are conceptual and a detailed improvement plan in compliance with manhole spacing is required to be reviewed and approved.
H. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with:
1. A Floodplain Development Permit for all grading and improvements in the regulated floodplain and/or floodway shall be approved and issued prior to grading permit issuance. All applicable fees shall be paid prior to floodplain permit issuance.
2. If the project is phased, the applicant will be responsible for presenting a phasing plan to the satisfaction of the City Planner and City Engineer. The applicant shall enter a covenant for private improvements to establish the timing of the installation of the private improvements.
3. Submit a grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. The plans shall use vertical datum NAVD88. Please be aware that all elevations in the Poway Benchmark list are datum NGVD 29 and will need to be converted. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit.
Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the Poway Municipal Code shall be submitted. The applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule.
4. Retaining walls shall be placed a minimum of six-inches from the edge of a property 'line to ensure that footings will not cross over property lines.
5. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development.
6. Water Quality Control -Drainage and Flood Damage Prevention; A drainage study addressing the impacts of the 100-year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer.
7. Water Quality Control -Design and Construction; The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City 49 of 111
April 2, 2024, Item #9
Resolution No. 24-
and State requirements. Two copies of a final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. •
Once the final SWQMP is approved;
a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in section
16.104 of the PMC.
c. Upon approval of the SWQMP, provide a PDF version.
8. Water Quality Control -Construction Storm Water Management Compliance; If the project proposes to disturb an area greater than 1 acre, proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP).
9. Grading Securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the PMC. A minimum cash security of $2,000 is required in all instances.
10. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule.
11. Any existing and proposed public easements shall be depicted on the grading plans.
The proposed public easement dedications shall be recorded prior to grading permit issuance if not already dedicated on the Final Map.
12. Any private improvements within any publicly held easement or ROW may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance.
13. Following approval of the grading plans, posting of securities and fees, and receipt of three copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form found at
https://poway.org/DocumentCenterNiew/10254/Preconstruction-Meeting-Request Fillable?bidld= along with three copies of the approved grading plans. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed.
Compliance for sediment control shall be provided as directed by the project inspector.
50 of 111
April 2, 2024, Item #9
Resolution
No.
24-
Page
14 14.
Prior
to
start
of
any
work
within
a
City-held
easement
or
ROW,
a
ROW
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.
All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.
15. Construction
staking
is
to
be
inspected
by
the
Engineering
Inspector
prior
to
any
clearing
, grubbing
, or
grading.
At
a
minimum,
all
protected
areas
as
shown
on
the
approved
grading
plans
are
to
be
staked
under
the
direction
of
a
licensed
land
surveyor
or
licensed
civil
engineer
and
delineated
with
lathe
and
ribbon.
As
applicable
,
provide
two
copies
of
a
written
certification,
signed
and
sealed
in
accordance
with
the
Business
and
Professions
Code,
by
the
engineer
of
record
stating
that
all
protected
areas
have
been
staked
in
accordance
with
the
approved
plans
.
16. Letters
of
permIssIon
from
adjacent
properties
owners
or
easements
for
any
proposed
work
on
adjacent
properties
shall
be
provided
.
17 . Gates
shall
be
provided
between
lots
6 through
11 and
64 to
allow
for
HOA
maintenance
and
access
of
the
private
storm
drain
and
easement
on
said
lots.
Gates
shall
also
be
provided
for
maintenance
access
to
the
catch
basins
near
the
eastern
property
line
of
lots
8 and
11. (Planning) 18.
The
proposed
project
shall
comply
with
all
mitigation
measures
established
under
the
certified
FEIR
as
specified
in
the
MMRP.
19 . Mitigation
measures
recommended
in
Section
7 of
the
biological
resources
report
shall
be
adhered
to
during
and
prior
to
site
construction
and
shall
be
shown
on
the
grading
plans
as
appropriate
.
20 . Traffic
signage
including
speed
limits
, parking
restrictions,
stop
and
yield
signs
etc
.
shall
be
shown
on
the
grading
plans
.
21. A
minimum
42-inch
fencing,
with
no
greater
than
two-inch
openings
is
required
adjacent
to
drops
greater
than
30 inches.
22. Trail
identification
signs
are
required
at
the
entrance
along
Oak
Knoll
Road
at
the
time
easements
are
obtained
to
connect
to
Poway
Road
.
23 . All
refuse
areas
shall
have
a trash
enclosure
as
applicable
and
provide
for
recycling
and
compost
bins
(SB
1383).
Refuse
containers
for
residential
uses
shall
be
stored
outside
the
front
yard
setback
area
behind
fences
with
gated
access
.
24. Show
the
location
and
height
of
all
retaining
walls
showing
changes
in
heights
.
Provide
details
of
all
engineered
walls
. The
sum
total
of
any
combination
of
fence
or
wall
and
retaining
wall
shall
not
exceed
the
height
allowed
within
the
HRSP.
25 . Driveways
shall
be
a
minimum
of
20 feet
wide
by
20 feet
deep
sufficient
for
two
vehicles.
26. All
utility
connections
shall
be
designed to
coordinate
with
the
architectural
elements
51 of 111
April 2, 2024, Item #9
Resolution No. 24-
of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment.
27. Label and dimension all surface improvements (e.g., walkways, patios, landscape areas).
28. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 and August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918.
29. Landscape and irrigation plans shall be submitted and shall be approved to the satisfaction of the Director of Development Services. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC and the HRSP, including the front yard landscaping of the 63 new single-family residences and substantial conformance to the approved conceptual landscape plans, and all other applicable standards and ordinances in effect at the time of landscape and irrigation plan check submittal. To the satisfaction of the Director of Development Services, the landscape plans shall also provide the following:
a. Parking areas shall be screened by buildings, slopes, berms, dense landscaping, and/or similar treatments designed to adequately screen said parking areas from residential properties.
b. The landscaping plan shall incorporate a minimum of one 24-inch box tree for every 30 feet of frontage along the public right-of-way. c. A minimum of one 15-gallon tree, per City specification, shall be provided for every three parking spaces. Said trees shall be located to provide shade cover for the vehicles where practical.
d. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets.
e. Parking areas shall be screened by buildings, slopes, berms, dense landscaping, and/or similar treatments designed to adequately screen said parking areas from residential properties.
f. Special attention shall be given to provide landscaping that enhances the intersection corners.
g. Landscape plan shall indicate that sight distance restricted areas at intersections. Add a note that no landscape materials over 30 inches in height shall be placed in sight distance restricted areas.
h. The removal of one existing mature tree shall be replaced on-site with the 52 of 111
April 2, 2024, Item #9
Resolution No. 24-
planting of a 36-inch box sized tree of a species per the tree removal permit to the satisfaction of the Director of Development Services. The trees shall be planted per the approved landscape plans for the development project or if this project is abandoned, the trees shall be replaced according to a tree replacement planting plan reviewed and approved to the satisfaction of the Director of Development Services.
i. A modification to the number or sizes of the tree replacement requirement may be approved by the Director of Development Services as part of the landscape plan review, except where otherwise specified in the FEIR. Please provide a written request to modify this requirement that outlines the reasons of the request. ii. The replacement trees shall be planted prior to obtaining occupancy or within 24 months of their removal, whichever comes first pursuant to the approved phasing plan to the satisfaction of the Director of Development Services.
iii. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4:1).
iv. The landscape and irrigation plan submittal from are 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 standards, the landscape and irrigation plan submittal checklist and the plan review worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. Any landscaped areas within the public right-of-way shall be permanently and fully maintained by the owner of the private property adjacent to the public right-of-way where the improvements are located to the satisfaction of the Director of Development Services.
v. A Lighting Plan shall be included within the landscape drawings showing light location and type and areas of illumination with brightness and color limits. Include lighting for all roadways, pedestrian areas and recreational areas. Low intensity lighting and generous landscape buffering is recommended between proposed lights and adjacent residential, particularly existing residential.
Lighting shall be provided to adequately illuminate building entrances, access areas, parking areas, walkways (including the community trail).
(Public Works)
30. All stormwater assets, bio filtration and conveyances within the property lines will be private and the responsibility of the property owner for maintenance and repair. This will also include the vegetation abatement along the private creek that conveys through parcel 1-5.
53 of 111
April 2, 2024, Item #9
31. Trees planted within the ROW shall have root barriers installed.
Resolution No. 24-
32. This project will share a perimeter border with the Kumeyaay IPAI Interpretive Center. This park is open and should be protected during construction. The applicant shall ensure trash, debris and possible water run-off is not directed to the city park.
I. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with:
(Engineering)
1. The Final Map shall be recorded.
2. 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 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.
3. 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.
4. 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. Two copies of certification of line and grade for the lot, prepared by the civil engineer of work.
b. Two copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer.
c. The certification and report are subject to review and approval by the City.
5. Prior to start of any work within a City-held easement or ROW, a ROW Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.
6. The applicant shall pay all applicable development impact fees in effect at time of permit issuance.
(Planning)
7. The proposed project shall comply with all mitigation measures established under the certified FEIR as specified in the MMRP.
8. The proposed project shall include a maximum of 63 new single-family residences.
9. All single-family residences shall include sufficient roof-mounted solar to cover the 54 of 111
April 2, 2024, Item #9
estimated electric use of each residence.
Resolution No. 24-
10. All new private roads serving three or more parcels shall be named. Road name signs shall comply with City of Poway Supplemental Engineering Standards, Street Sign Specifications.
11. 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 shall be in accordance with the Uniform Building Code (UBC), the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City.
12. The applicant shall comply with the lates Uniform Building Code, National Electric Code, Chapter 17.07, and all other applicable codes and ordinances in effect at the time of permit issuance.
13. 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.
14. An Affordable Housing In-Lieu Fee of $500 for each residence (63) shall be collected prior to the Building Permit issuance.
15. Each new residence shall be equipped with low flow plumbing fixtures.
16. All garages shall provide a minimum of 150 cubic feet of overhead storage racks to encourage parking within the two-car garages.
17. A photometric analysis shall be provided after lighting installations to restrict light trespass and limit glare onto the adjacent public roads and onto existing neighboring properties to the satisfaction of the Director of Development Services.
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.
18. Landscape and Irrigation plans shall be approved prior to issuance of the building permit.
J. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the following:
(Engineering)
1. The stormwater facilities shall be complete and operational prior to occupancy.
2. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy.
3. All final conditions associated with the floodplain development permit shall be completed to the satisfaction of the City Engineer.
4. The existing onsite overhead electrical poles and lines shall be undergrounded to 55 of 111
April 2, 2024, Item #9
Resolution
No.
24-
Page
19 the
satisfaction
of
the
City
Engineer.
This
includes
, but
is
not
limited
to
the
following
:
a.
The
overhead
electrical
pole
on
the
property
line
at
the
west
terminus
of
Roca
Grande
Drive
shall
be
removed/relocated
along
with
the
associated
overhead
electrical
lines
.
Underground
electrical
service
shall
be
provided
to
the
home
on
12705
Roca
Grande
· Drive
(with
the
property
owner
's
permission).
b.
The
overhead
electrical
pole
(and
associated
guy
wire)
along
the
western
property
line,
adjacent
to
12710
La
Vista
Way
shall
be
removed/relocated
.
Existing
service
to
12707,
12710
and
12711
La
Vista
Way
must
be
restored.
5. All
and
proposed
utilities
or
extension
of
utilities
required
to
serve
the
project
shall
be
installed
underground.
No
extension
of
overhead
utilities
shall
be
permitted.
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
of
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 .1308
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
recommended
.
(Planning) 11.
The
proposed
project
shall
comply
with
all
mitigation
measures
established
under
the
certified
FEIR
as
specified
in
the
MMRP
.
12 . Installation
of
public
improvements
shown
on
the
approved
improvement
plans
shall
be
complete
and
operational.
13. All
Landscape
, irrigation
and
exterior
site
amenities
shall
be
installed
pursuant
to
the
approved
phasing
plan,
prior
to
building
permit
final
(certificate
of
occupancy),
except
as
otherwise
determined
by
the
Director
of
Development
Services.
All
56 of 111
April 2, 2024, Item #9
Resolution No. 24-
exterior amenities shall be reviewed and approved to the satisfaction of the Director of Development Services and substantially similar or of better quality than conceptual images provided prior to building permit issuance. (Public Works)
14. The public portion of the sewer laterals and sewer tie-ins shall be inspected via visual and Closed-Circuit Television (CCTV) inspection and approved by Public Works, Wastewater Utilities.
K. The applicant shall comply with the following requirements to the satisfaction of the Fire Department:
1. An approved water supply capable of supplying the required fire flow of 1500GPM 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 responsibility of the applicant.
2. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.
3. 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 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.
4. Every building shall be accessible to Fire Department apparatus by way of access roadways with an all-weather, paved driving surface of not less than 16-feet of unobstructed width, with a roadway interior turning radius of not less than 28-feet capable of supporting the imposed loads (75,000 pounds) of fire apparatus with a. minimum of 13-feet 6-inches of vertical clearance.
5. The approved fire apparatus access (driveway) for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.
6. 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.
57 of 111
April 2, 2024, Item #9
Resolution
No.
24-
Page
21 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
.
The
fire
code
official
may
require
additional
mitigation
measures
where
deemed
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
in
excess
of
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
structures.
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 . Approved
numbers/or
addresses
shall
be
placed
on
all
new
and
existing
buildings
and
at
appropriate
additional
locations
are
to
be
plainly
visible
and
legible
from
the
street or
roadway
fronting
the
property
from
either
direction
of
approach.
Address
numbers
shall
contrast
with
their
background
and
meet
the
City
of
Poway
standards.
The
address
is
required
at
the
private
driveway
entrance.
Additional
address
· numbers
may
be
required
where
deemed
necessary
by
the
fire
code
official.
11. All
automatic
gates
across
fire
access
roadways
and
driveways
shall
be
equipped
with
approved
Knox
gate
key
switch
.
12. 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.
13. Smoke
alarms
shall
be
installed
in
all
bedrooms
and
adjoining
hallways.
They
shall
be
hard-wired,
with
battery
backup
, and
interconnected
.
14 . 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
.
15. Each
chimney
used
in
conjunction
with
any
fireplace
shall
be
equipped
with
an
approved
spark
arrester
.
SECTION
9:
The
approval
of
TTM
22-0001
and
DR
22-0003
shall
expire
April
2,
2026,
at
5:00
p.m.,
unless
prior
to
that
time
the
final
map
is
recorded
and
construction
on
the
property
in
reliance
on
the
TTM
and
DR
has
commenced
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.
The
final
map
conforming
to
this
conditionally
approved
TTM
shall
be
filed
with
the
City
so
that
the
City
may
approve
the
parcel
map
before
this
approval
58 of 111
April 2, 2024, Item #9
expires.
Resolution No. 24-
SECTION 10: 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of April, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DI SQUALi Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
59 of 111
April 2, 2024, Item #9
ATTACHMENT D
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING THE HARMON RANCH
SPECIFIC PLAN (SP) 22-0001; ASSESSOR'S PARCEL
NUMBERS 317-500-14-00, 317-500-13-00, 317-500-12-00, 317- 500-11-00, 317-500-09-00, 317-500-10-00, 317-500-03-00, 317- 500-02-00, 317-501-02-00 AND 317-501-01-00
WHEREAS, the Harmon Ranch Specific Plan (HRSP) contains definitions, a land use plan, development standards and design guidelines that sets the policy framework to guide development;
WHEREAS, the HRSP requires that the City of Poway {the City) also amend the City's General Plan, including the General Plan Land Use Map and Zoning Map; WHEREAS, the HRSP will contain the zoning and land use designations, development standards and design guidelines for future development within the Specific Plan Area; WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code (PMC) provides for the preparation and adoption of specific plans in accordance with section 65450, et seq., of the California Government Code (Article 8, Specific Plans);
WHEREAS, two neighborhood meetings and one public Environmental Impact Report (EIR) scoping meeting were held to solicit input on how the HRSP should guide development within the project area;
WHEREAS, the vision for the Harmon Ranch project is to create a new residential neighborhood that is compatible with the surrounding neighborhoods in character and scale, retains the existing historic home as part of the Specific Plan Area, conserves the portion of the site containing sensitive resources, establishes opportunities for active and passive recreation areas for the enjoyment of the residents and provides much needed housing within the City; WHEREAS, on April 2, 2024, the City Council also considered approval of associated entitlements General Plan Amendment (GPA) 22-0001, Zone Change (ZC) 22-0001, Zoning Ordinance Amendment (ZOA) 24-0001, Tentative Tract Map (TTM) 22-0001 and Qevelopment Review (DR) 22-0003 as well as the certification of a Final Environmental Impact Report (FEIR) (EA 23-0001), a request to adopt a specific plan, subdivide 11.5 acres of land, construct 63 new residences and preserve one locally designated historic home; WHEREAS, the City Council finds that the zoning classification of the property should also be changed to maintain consistency with the General Plan as required by Section 65860 of the California Government Code and the California Environmental Quality Act; WHEREAS, on April 2, 2024, the City Council held a duly advertised public hearing 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.
60 of 111
April 2, 2024, Item #9
Ordinance
No
.
Page
2 NOW,
THEREFORE,
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY
DOES
ORDAIN
AS
FOLLOWS:
SECTION
1:
The
above
recitations
are
true
and
correct.
SECTION
2:
A
FEIR
(EA
23-0001)
was
prepared
for
the
HRSP
SP
22-0001
and
associated
entitlements
ZC
22-0001,
ZOA
24-0001,
GPA
22-0001,
TTM
22-0001,
and
DR
22-
0003.
The
City
Council
certified
the
FEIR
at
a
duly
noticed
hearing
on
April
2, 2024
. This
is
the
required
entitlement
to
allow
development
of
the
Harmon
Ranch
project,
as
specifically
analyzed
in
the
FEIR.
Approval
of
SP
22-0001
is
part
of
the
City
Council's
April
2,
2024
approval
of
the
entire
Harmon
Ranch
project.
SECTION
3:
The
City
Council
finds
that
the
specific
plan
is
consistent
with
the
purposes
of
Chapter
17.47 of
the
PMC,
the
General
Plan,
and
development
policies
of
the
City.
SECTION
4:
The
City
Council
hereby
approves
this
Ordinance,
approving
and
adopting
the
March
2024
final
Harmon
Ranch
Specific
Plan
(SP)
22-0001,
available
on
file
in
the
Office
of
the
City
Clerk
and
at
https
://poway
.org/DocumentCenterNiew/10686/Appendix-Q---Harmon
Ranch-Specific-Plan
.
SECTION
5:
In
accordance
with
the
PMC
Section
17.47.100,
following
the
approval
of
a
specific
plan,
a
deed
restriction
indicating
that
the
specific
plan
approval
runs
with
the
subject
property
shall
be
recorded
.
SECTION
6: This
Ordinance
shall
be
codified.
EFFECTIVE
DA
TE:
This
Ordinance
shall
take
effect
and
be
in
force
thirty
(30)
days
after
its
adoption.
CERTIFICATION/PUBLICATION:
The
City
Clerk
shall
certify
the
adoption
of
this
Ordinance
and
cause
it
or
a
summary
of
it,
to
be
published
with
the
names
of
the
City
Council
members
voting
for
and
against
the
same
in
the
Poway
News
Chieftain,
a
newspaper
of
general
circulation
in
the
City
of
Poway
within
fifteen
(15)
days
after
its
adoption
and
shall
post
a
certified
copy
of
this
Ordinance
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
§
36933.
II II II II II II II
61 of 111
April 2, 2024, Item #9
Ordinance
No
.
Page
3 INTRODUCED
AND
FIRST
READ
at
a
regular
meeting
of
the
City
Council
of
the
City
of
Poway,
California,
held
the
2nd
day of
April,
2024,
and
thereafter.
PASSED
AND
ADOPTED
at
a
regular
meeting
of
said
City
Council
held
the
16th
day
of
April,
2024
by
the
following
vote,
to
wit:
AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
62 of 111
April 2, 2024, Item #9
ATTACHMENT E
63 of 111
April 2, 2024, Item #9
64 of 111
April 2, 2024, Item #9
65 of 111
April 2, 2024, Item #9
RA
OS-RM 1---.-------i f Buckle St
,,,,,____.,.__-mWh~~~m-+----,.---L~:::IJ
_po'-J'Ja'J Rd-Subject Location:
APN's -
317-500-02, 317-500-03,
t-J..---Jl 317-500-09, 317-500-10,
317 -500-11 I 317 -500-12 I
317-500-13, 317-500-14,
-----· 317.-501-01, 317-501-02
City of Poway
Zoning / Location Map
OS-RM
Items: SP22-0001, EA23-0001, ZC22-0001, GPA22-0001,
TTM22-0001, DR22-0003
...
NORTH
0 1,000
~~~---~~~~~~~ Feet
250 500
ATTACHMENT F
66 of 111
April 2, 2024, Item #9
Hannon
Ranch
Specific
Plan
-
0SR-3 0SR
-2
0SR-4
0SR-6
fis:.;
-~
0S
-3
I las-
' I
, __
_ --ITT
;!
I I
r>,1\
ed
f111
·11.11ou1ul
-
•'-4..
__ oc-.
1G
r.lf1d
cDr.
Oak
h:n
oll Rd
.
OSR-7
Po\\'
ay Creek
So
ule
St
-••-
Specifi
c Plan
Arca
Boundary
f==,
Open
Space
(OS
)
f==,
Ope
n Space
Recreation
(OS
-R)
f==,
Re
sidential
-Sing
le Fami
ly
(R-SF)
f==,
Pri
,·ate
Street
{==,
Public
RightO[\\
'ay
Exhibit
3.1:
Land
Use
Plan
ATTACHMENT
G
March
2024
Chapter
Three
-
67 of 111
April 2, 2024, Item #9
TENTATIVE TRACT MAP 22-0001/ DEVELOPMENT REVIEW 22-0003/ SP 22-0001/ ZC 22-0001/ GPA 22-0001 ·---"""'-
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HARMON RANCH
CITY OF POWAY, CALIFORNIA
GENERAL NOTES
1171.11. Jll["IIIICA: 11.JJJtC
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1171'.II.ICl.lilD"IMI~~
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LEGEND
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DRIVEWAY'E'
MNMf!UMMHJ
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U. IC/IDT/.._ DIUIDAl1' ~ IC JG' 11« ff 111' DCP' Ml#/-., 111H If' 1/tc -.0-0 , I~. ~.f'IIU'TrJl«l/111;'""-I, aa,,,rlllHIIICOW'IDI' 11,Q j IJ. IGO'UD' •m•w 1K ""'1.fi'T JHH #IC. LOC,jlGI lf1H1• M '1.IDI tu/If (JC ICM:) IIU. HO[ A ~ :- / ,., j,:_; -~ \•~,ff";,~ b,.1i,• lf.:7:.::=~~r_:,:;i;~rr~~~~r=.n.w,.«1.1u.:011ma,,,lf/J!l12 ~T-~2I] ~J~·\\j~ ,:_. \': ~\!· ~: ~~~;:~~~~~n:~~=~~"':~~/i .. :O'::'IC1Cl£(,n&a: . an: IIOt,f) f,, • • ··~,I .• \;,:,\,. t·. EARTHWORK/GRAD/NG QUANTITIES ~-- *,,, ,;"• \ ;\\ :•1·\_,\',r ~\.--· ~~••:!:~--~~O"rlLL~•. ,):;'.i , ,,-., \ J•\.... ~ \ 1., .:., OW>IIC'CIMl'IJIBHafM[Ml'QMJ/Jl[IG!l.tNODOJICJJ/rQI.O[' :~ ,::, ,'.t.;_ • .-...r:1tr ,. ·;·\\ . •• M01trfrTIO«»I.IC. QIIIOIIC'- /HJKl'IE,llfl_,StllLS~. \-~\' t~:\'.ij/c ·1 \1.\ '' f;:· EXISTING EASEMENTS & ENCUMBRANCES I
1-
1 ' ,\·t\,> r: 1:' Sl:rstaJ'fal<ll'f:anlCl'UimDfsrafUIOlf.OUCAmOtfS'TOIOMIH/#El'LonallllfJllgfflS'~a-.J ~fr\\' Ls ~- LEGAL DESCRIPTION
'. \ , ·11 r+ r l;\j scr.Hrr••' •
--~--\\fR\t·t : ':' ,,, ::j: TOPOGRAPHIC DATA
:, , ' I :' '"q
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STREETS 'B' &. 'D', AND PORTJONOF'A'
:""£ .2:/'~ &l Ui & lldlb GI[ G3 ffl
;, • ,,.;.11~: .\ ,, '\.- ·c i>-':.,._,_ -:..;,"', \'.'; " ,,. 1_
SHEET INDEX
S1EET f nnESHEIT
Sl-£ET 2 TENTATMAIAPIPREUM INARYDHIOLJT!ONPtAN
':.'i ~~-k U!T f~~---d~ t J.Z..Ll![J ·~i:B.
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WALU FENCE OEr M.S
'( s,,\ .,, I ]C { ~ ,.
.y- iE .• ,,p-, ~··,
f '~ EXISTING OAK KNOLL ROAD
~~~:'™
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P'YI'- mllln'l:J
U' PAVED PRfVATE STREET
STREETS 'A' & 'C'
m
TYPICAL LOT&. DRAINAGE DETAIL
T OWNERS SUBDIVIDER/ APPLICANT
·,
ENGINEER OF WORK
~./
si.s.,1~ IJ.C.C.411-fS ,u,
lff~ISTIMTICJfUl'l/1/CSCJf 11n1_n.
PREPARED BY:
■ HUNSAKER L1.
~ .AJ,~?fl,~'[F-S ..._ ___ ..
----Q-
---
TENTATIVE TRACT MAPISPIZC/
GPA 22-0001 &
DEVELOPMENT REVIEW 22-0003
DATEIBY
~;:::1:
=-~1=
SHEET
1 OF
JollAl&s&DtlB Git& m J3 ;;;; &s& DUB Git #&3 ffl HARMON RANCH 4 CITY OF POWAY, CALIFORNIA lt:\IJlJ\a,lfl\T- ll<op...,__, - TM ~ 01..,-,0.,.,-1,-NJt:l• :40 68 of 111
April 2, 2024, Item #9
Specific Plan Ha1-mo11-Ranch-Specific-Plan (poway.org)
ATTACHMENT I
69 of 111
April 2, 2024, Item #9
POTENTIAL FUTURE COMMUNITY
TRAIL CONNECTION
OPEN SPACE
NATIVE
PLANTING .
.....-,--,--\--~
WITH 7;;:-7::.._~"T~e¥../:(.~_Jt;
PERIMETER
FENCING
COMMUNITY
TRAIL
COMMUNITY.
ENTRY OPEN
SPACE ,-~-::c---....:,__,._
AMENITY
POWAY
CREEK
OVERLOOK
(PUBLIC
ACCESS)
CROSSWALK
HARMON RANCH
LENNAR COMMUNITIES
16465 VIA ESPRILLO, SUITE 150
SAN DIEGO, CA 92127
POWAY, CA
ILLUSTRATIVE SITE PLAN
ATTACHMENT J
ENHANCED PAVING
HAMMERHEAD
TURNAROUND
ENHANCED
PAVING
LE-6
I ,
gmp
1-....... ,,
l:,',iJSCJd'E
/,\1,::•illLCI\.J~U ..
t, 1'_,\t,i..1t;,:-,
70 of 111
April 2, 2024, Item #9
HARMON RANCH
CITY OF POWAY, CALIFORNIA
SECTION: LOT 18
i'"
I • "\ V I \ 'V"' ~-~..::::Q,L_ • -------...(/ I ~ '7~~; ~-~IJO~' -,, ~·---::::_hi\\\ I 1 1
_! _v ~ _ \'-1 \ -;--) 1IJ2' \ /' lJJ
, 58'\( / j I~ ' ~ ,_/ \"' PROP 6' Cl' r:;=:::_, )) ~, -r )\,'--~ v,';;YL FEN€£~--~-( 4 ~ _ O~, -3 -I~ ~ j / /ij / d-(J ;;o _ea}_ -I ;as>_~-,,.\ \ r· .. 1 \~- r $J /4~
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1 1 \ 117' / 1 1
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/I I 1472.5TW I I \
~ I / ~ 468. 1 B 30' / \ / / \ ' b; ! .
\_
SUBDIVISION BOUNDARY SUBDIVISION BOUNDARYl
-500 -~ - -- -496. 9EG_ - - --- - - - - - - - - - --- - - - - - - - - - - - - - - -·-- - - - - - - - - - - - - - - - - - - - - -. - - ---- -- ---500. --_ _ LOT LINE LOT 18 LOT LINE EXISTING
I ----PAD = 468.5 ROCA GRANDE I -490 - --- - - -•. - - - - - · - - - --------.. -:..,:-.:_ - -.. - ---.. - - - - - - - - - - - - - - - - - - - - - ------ - -- - - - - --- ----.. ·---- ---,-490 - ~ -- ---~EXIST. GROUND . 30'
-480 --~ - --1------------- ---------- ----::-::-,__ ----=-- - - - - - - - - - --- - - - - - - - - - --- - - --- -·--·---.. --·-480 - PROPOSED 2:1 SLOPE --------------467.BEG 466.9£G -470 ---J---1---------------------_________________________________ ".::-____ ._::-------··--· ~-470- 468•5FG PROPOSED GRADE ------
-4W -------------------------------------------------------------------------------·-%0- SECTION: LOT 18
PREPARED BY:
:::ii::
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HORIZ/YERT SCALE: 1"=30'
HUNSAKER
& ASSOCIATES
SAN DIECO, INC
PIANNINC 97fP Waples ST.
ENGINEBUNC San Diego, CA 92121
SURvrnNC pt(858)5s8-4SOO• FX(858)Ss8-1414
R\1713\&Pln\Exhlbita\EXOB Section Lot 18 Exhibit.dwgQIAar-20-2024:13:47 71 of 111
April 2, 2024, Item #9
)>
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n :::c
s: m
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r-
Bassenian I Lagoni
U C~IIHIII I : . HU~ JIG . umuou
PLAN I
SANTA BARBARA
STREET SCENES
HARMON RANCH
Poway, C:aliforni :a
y 1-- t 1,1 366 21352
PLAN 2 PLAN 3 PLAN I
RANCH FARMHOUSE MONTEREY
07 . 19 . 22
LENNAR "
72 of 111
April 2, 2024, Item #9
Bassenian I Lagoni
UCNIHCJUH • HA~NL~G • IN!f1107.S
c;.,,,,y,l lll l .. ,.....,IL """"...,_ ",
PLAN
Reflects Santa Barbara El e vation
HARMON RANCH
Pow a y, C a lifornia
1=::i 3 6 6 .1135 2
z
I:
0 0
"' 00
s·-0· 32•-0· 5'-0"
-------r~ --------------
[r=========---======71
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111! xii i
~ ~ w
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~
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~
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FOR SECTIONAL
t GARAGE DOOR
TYPICAL GARAGE SECTION
STORAGE ABOVE CARS lN THE GARAGE
PLAN I
◄ BEDROOMS I 3 BATHS
2 - CAR GARAGE
FLOOR AREA TABLE
I ST FLOOR
2NDFLOOR
TOTAL LIVING
2 ~ CAR GARAGE
OPTIONAL CA ROOM
PORCH
1,189 SQ. FT.
1.+19 S_Q. FT.
2,638 SQ. FT.
◄ 29 SQ. FT.
180 SQ. FT.
20 SQ FT.
1'0Tl : lQIAA l f OOTAGl: ... YYAAYOU[l 01f £1><Q09"CAI.C \IUl,TD,1 I 0.1 7 .2 2
LENNAR '
73 of 111
April 2, 2024, Item #9
REAR
il
RIGHT
Bassenian I Lagoni PLAN I
Sanca Barbara Elevation
"' 1~Ml~G • INH IICIS AHMll(Cl UH •r,
r,"""'"l!Q1t ... ......,1 1q.-. ...,._,. HARMON RANCH
Poway, California
l 6 6 . 2 I J 5 2
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07.1'.22
LENNAR '
74 of 111
April 2, 2024, Item #9
Bassenian I Lagoni
JH W ! O UH •HANNING • l~H IIO lS
c.,,,,,H.ltllloL1-IUf"O-ch
PLAN
Reflects Farmhouse Elevation
HARMON RANCH
Poway, California
i=l 3 6 6. 2 I 3 5 2
z
I:
0 0
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5'-<J" 32•-0· s·..o·
-------r~ --------------
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II II
II ll
II PORCH 11
II II
..,______ ----....U
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u_ ____ I _____ Jl
- - - - - - - - - -----t1}------>
PROVIDE SPACE
FOR SECTIONAL
GARAGE DOOR
TYPICAL GARAGE SECTION
STORAGE ABOVE CARS IN THE GARAGE
PLAN I
◄ BEDROOMS I 3 BATHS
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FLOOR AREA TABLE
I ST FLOOR
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TOTAL LIVING
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OPTIONAL CA ROOM
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l,IB9SQ.FT.
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◄ 29 SQ. FT.
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I 0. I 7. 2 2
LENNAR '
75 of 111
April 2, 2024, Item #9
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76 of 111
April 2, 2024, Item #9
Bassenian I Lagoni
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Reflects: Monterey Elevation
HARMON RANCH
Poway, C2liforni2
i=i 3 6 6. 2 I 3 5 2
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STORAGE ABOVE CARS IN THE GARAGE
PLAN I
◄ BEDROOMS/ 3 BATHS
2 - CAR GARAGE
FLOOR AREA TABLE
I ST FLOOR
2NDFLOOR
TOTAL LIVING
2 - CAR GARAGE
OPTIONAL CA ROOM
PORCH
l,l89SQ. FT.
1.-1<9 SQ. FT.
2,638 SQ. FT.
◄ 29 SQ. FT.
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I 0.1 7 .22
LENNAR '
77 of 111
April 2, 2024, Item #9
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Monterey Elevation
HARMON RANCH
Poway, California
ct 3 6 6, 2 I 3 5 2
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78 of 111
April 2, 2024, Item #9
Bassenian I Lagoni
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Reflects Santa B:1rbara Ele~ation
HARMON RANCH
Poway , California
366 21352
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PLAN 2
◄ BEDROOMS / 3 BATHS
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FLOOR AREA TABLE
ISTFLOOR
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TOTAL LIVING
2 - CAR GARAGE
OPTIONAL CA ROOM
PORC!:!
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l9S SQ.FT.
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IO. I 7 . 22
LENNAR '
79 of 111
April 2, 2024, Item #9
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Santa Ba r bara Elev a tion
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Po w ay. C a lifornia
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80 of 111
April 2, 2024, Item #9
Bassenian I Lagoni
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Reflects Ranch Elevation
PRJMAAY
SEOROOH
1dx1\ !
HARMON RANCH
Poway, California
366 21352
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STORAGE ABOVE CARS IN THE GARAGE
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TOTAL LIVING
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OPTIONAL CA ROOM
PORCH
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1 o . I 7. 22
LENNAR '
81 of 111
April 2, 2024, Item #9
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April 2, 2024, Item #9
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HARMON RANCH
Poway, C a liforni :a
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TYPICAL GARAGE SECTION
STORAGE ABOVE CARS IN THE GARAGE
PLAN 2
◄ BEDROOMS/ 3 BATHS
2 - CAR GARAGE
FLOOR AREA TABLE
1ST FLOOR
2ND FLOOR
TOTAL LIVING
2 - CAR GARAGE
OPTIONAL CA ROOM
P_ORCH
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10.17.22 LENNAR "
83 of 111
April 2, 2024, Item #9
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Bassenian I Lagoni
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Mont e re y Ele:v :atio n
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Poway . California
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LENNAR '
84 of 111
April 2, 2024, Item #9
Bassenian I Lagoni
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PLAN 3
Reflects Santa Barbara Ele\lation
HARMON RANCH
Poway, California
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STORAGE ABOVE CARS IN THE GARAGE
PLAN 3
-4 BEDROOMS I 3 BATHS
2 • CAR GARAGE
FLOOR AREA TABLE
ISTFLOOR
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TOTAL LIVING
2 - CAR GARAGE
OPTIONAL CA ROOM
PORQ:!
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IO. I 7 .2 2
LENNAR '
85 of 111
April 2, 2024, Item #9
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April 2, 2024, Item #9
Bassenian I Lagoni
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PLAN 3
Reflects Ranch Elevation
HARMON RANCH
Poway, California
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TYPICAL GARAGE SECTION
STORAGE ABOVE CARS IN THE GARAGE
PLAN 3
◄ BEDROOMS/ 3 BATHS
2 • CAR GARAGE
FLOOR AREA TABLE
I ST FLOOR
2NDFLOOR
TOTAL LIVING
2 - CAR GARAGE
OPTIONAL CA ROOM
PORCH
I , ◄ JO SQ. FT.
1,705 S_Q_. FT.
3,135 SQ. FT.
◄ 38 SQ. FT.
160 SQ. FT.
63 SQ. FT.
IO. I 7. 22
LENNAR '
87 of 111
April 2, 2024, Item #9
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Bassenian I Lagoni PLAN 3
Ranch Ele11ation
U CH IHCI UH •f L! UI A6 • 1Nll l10H
HARMON RANCH
Poway. California
'l::::::l 3 6 6. 2 I l 5 2
FRONT B-RANCH
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LENNAR "
88 of 111
April 2, 2024, Item #9
Bassenian I Lagoni
HC HIH CI UU • flUNING • IK!li!OU
c:.,,,,tHlllllo,•- ] 1..opoi-<11
PLAN 3
Reflects Farmhouse Elev a tion
HARMON RANCH
Poway, C a liforni a
3 6 6. 2 I 3 5 2
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Lt GARAGE DOOR i,
1 1
TYPICAL GARAGE SECTION
STORAGE ABOVE CARS IN THE GARAGE
PLAN 3
◄ BEDROOMS/ 3 BATHS
2 - CAR GARAGE
FLOOR AREA TABLE
I ST FLOOR
2NDFLOOR
TOTAL LIVING
2 - CAR GARAGE
OPTIONAL CA ROOM
f.ORCH
l, ◄ 30 SQ. FT.
1,705 SQ. FT.
3, 135 SQ. FT.
◄ 38 SQ. FT.
160 SQ. FT.
65 SQ. FT.
IO. I 7. 2 2
LENNAR '
89 of 111
April 2, 2024, Item #9
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Farmhous e Elcvarion
HARMON RANCH
Po w ,iy. California
o==:::t::::::i 3 6 6. 2 I 3 5 2
FRONT © C-FARMHOUSE
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LENNAR '
90 of 111
April 2, 2024, Item #9
DocuSign Envelope ID: 7212F35E-4835-4883-8627-A3C604269ECC February 26, 2024
Honorable Mayor Vaus and Members of the City Council -
I'm writing to reiterate the sentiments I shared during the June 2022 Developer's Conference for Lennar's proposal for my family's property on Oak Knoll Road. The Harmon family has owned these 10+ acres since 1966 and have been members of this community ever since. It's with that perspective that we embarked on the journey to find the right development partner.
After reviewing multiple proposals from prospective buyers (primarily apartment developers), we came to quickly understand that an increase in density for the site would be necessary for a project to work in this market. We selected Lennar, not because their offer was the highest, but because we felt their vision for a for-sale neighborhood for families was most in line with the Poway we know and love.
Rather than selecting the highest bidder and moving on quickly, we chose the plan that we thought would be the most agreeable to our neighbors and to the city. • The rhetoric around the housing crisis isn't new. Nevertheless, we believe that it's still possible and our obligation as the property owner, to put forward a community that is thoughtful and sensitive to its surroundings. That's what Lennar has done here.
On behalf of the Harmon Family, we ask that you please take this rationale into consideration when you vote on the Harmon Ranch project in the coming months.
Sincerely,
c-DocuSlgned by:
tit~'if~~J S° l,lllt,SSbV' ~sfu_,
Sherry Urena
Harmon Family
ATTACHMENT M
91 of 111
April 2, 2024, Item #9
Bob
Manis
From: Sent: To: Cc: Subject: Attachments:
chris
cruse
<[email protected]>
Tuesday,
March
19,
2024
6:11
PM
City
Clerk
julie
[email protected]
3/19/24
council
meeting,
#public
oral
enforce
-the-general-plan-at-harmon-ranch
petition.pdf;
The
General
Plan
Vision
and
Goals
.pdf
I
You
don't
often
get
email
from
[email protected].
Learn
why
this
is
important
EXTERNAL
EMAi
L
Mayor
and
Councilmembers,
Forty-four
years
ago,
I was
knocking
on
doors,
asking
my
neighbors
to
vote
for
incorporation.
Many
of
us
thought
the
county
was
not
listening
to
us.
We
wanted
to
have
control
over
our
own
land
use
planning.
After
incorporation,
we
made
a general
plan.
Poway's
General
Plan
"is
a statement
of
what
the
present
residents
want
for
their
community
in
the
future.
Its
function
is
to
allow
the
citizens
to
consciously
consider
the
shape
the
City
will
take
for
the
foreseeable
future
and
to
preserve
and
enhance
those
qualities
they
presently
find
so
appealing." The
first
goal
of
our
General
Plan
was,
(and
still
is)"
to
preserve
Poway's
unique
and
desirable
character
as
'The
City
in
the
Country'."
Our
motto
"the
City
in
the
Country"
featured
prominently
in
the
1991
General
Plan
Update.
Seven
meetings
were
held
in
1990
and
1991
to
get
public
input
on
the
General
Plan
and
to
further
clarify
the
residents'
vision
of
the
community's
future.
The
residents
who
attended
those
meetings
could
not
have
imagined
that
a
Poway
council
would
even
be
considering
something
like
the
Harmon
Ranch
Specific
Plan.
The
"City
in
the
Country"
theme
was
never
about
farmhouse
architecture.
It
was
about
openness,
adequate
space
for
raising
a family,
and
preserving
the
natural
environment,
not
about
packing
as
many
houses
as
possible
in
a flood
plain.
Last
year,
a former
council
member
spoke
about
how
proud
he
was
that
Poway
was
run
"like
a business"
He
also
said,
that
some
of
us
"are
not
all
that
important".
"You
might
think
you
are",
he
said,
"but
you're
not."
In
fact,
Poway
is
not
a business.
It
is
a government
of,
by
and
for
the
people.
All
of
our
voices
should
matter.
We
did
not
incorporate
and
do
the
hard
work
of
building
this
city
for
a council
to
roll
out
the
red
carpet
for
developers
and
tell
the
people
to
get
the
"hell
out
of
the
way".
This
council
has
a
big
decision
to
make
about
the
Harmon
Ranch
Specific
Plan.
We
hope
the
council
members
are
seeking
input
from
Poway
residents.
Over
500
residents
signed
a
petition
opposing
the the
Harmon
Ranch
Specific
Plan.
Almost
200
of
them
commented
about
why
they
oppose
this
project.
We
hope
that
all
of
you
will
take
the
time
to
read
their
names
and
comments
and
to
thin
I< about
what
they
have
to
say. Their
voices
are
important.
Thank
You,
1 92 of 111
April 2, 2024, Item #9
Chris
Cruse,
Poway
Voices
Attached
are
the
Harmon
Ranch
petition
and
a file
with
notes
from
the
Poway
General
Plan
2 93 of 111
April 2, 2024, Item #9
POWAY
COMPREHENSIVE
PLAN:
GENERAL
PLAN
incorporation
of
the
City
on
December
1,
1980
,
The
original
Comprehensive
Plan
was
an
extension
of
the
incorporation
movement.
Whereas
the
incorporation
movement
was
based
in
the
hopes
and
desires
fo
r
the
new
City
of
Poway
,
the
Comprehensive
Plan
addressed
aac
. of
those
issues
in
depth
and
made
recommendations
that
would
be
used
to
make
the
decisions
about
Poway's
future
.
In
November
1988,
the
voters
of
Powa.y
moved
to
further
lock
. Poway's
future
in
place
through adoption
of
Proposition
FF
which
requires
a
vote
of
the
people
before
any
changes
are
mad
.e
wh
ich
would
allow
additional
densi
y
or
intensification
of
use
in
the
rural
areas
of
the
community
.
The
1991
update
is
an
important
milestone
for
the
City
.
It
is
an
opportunity
to
reaffirm
for
the
future
that
original
vision
of
Poway
to
carry
on
the
successes
of
the
first
ten
years
of
cityhood
.
It
reflects
the
fact
that
the
community
has
now
traveled
ten
years
down
the
path
of
cityhood
,
but
at
the
same
time
still
seeks
to
be
a
guidebook
for
consistent
and
successful
municipal
development
aimed
at
the
same
vision
held
by
the
community
at
incorporation
.
THE
VISION
The
simple
phrase
"the
City
in
the
Country"
reflects
the
maj
,or
theme
of
Poway
since
its
incorporation
in
1980
. A
series
of
seven
meetings
,
held
during
late
1990
and
early
1991
to
get
public
INTR0-4
input
on
the
general
plan
and
to
further
clarify
the
residents'
vision
of
the
community's
future
,
resulted
in
the
following
description
of
the
"ideal
Poway··
:
It
would
be
a
community
of
open
space
reflected
in
the
constant
views
of
rocky,
chaparral-covered
hillsides
ring
ing
the
valley
fl.oar,
a
town
with
human-scale
development
where
people
know
each
other
and
where
their
voices
can
be
heard.
It
is
a
community
which
values
the
family,
education
and
the
natural
environment,
one
which
is
safe
"a
great
place
to
raise
a
family"
.
The
ideal
Poway
would
provide
good
recreational
and
cultural
facilities
and
have
housing
opportunities
for
all.
It
would
be
easy
to
get
around
in
and
would
have
attractive
places
to
shop.
THE
REGION
While
it is
the
City's
desire
to
maintain
the
highest
standards
for
its
residents,
Poway
cannot
exist
unto
itself.
Today
each
person
and
every
city
must
consider
itself
a
member
of
the
region
.
If
we
are
to
enhance
the
quality
of
life
within
our
boundaries,
we
must
participate
in
regional
programs
that
address
traffic
congestion,
air
pollution,
open
space
needs,
water
availabrlity,
sewage
reatrnent
,
trash
disposal
and
hazardous
waste
management.
I/IO..UOES
~
11-fiOJGH
GPA
94-01
94 of 111
April 2, 2024, Item #9
POWAY
COMPREHENSIVE
PLAN:
GENERAL
PLAN
GENERAL
PLAN
GOALS
1 .
It
is
the
goal
of
the
City
of
Poway
to
preserve
Poway's
unique
and
desirable
character
as
"The
City
in
the
Country"
and
to
maintain
high
quality
design
and
environmental
standards
in
all
new
development
and
redevelopment.
2. It
is
the
goal
of
the
City
of
Poway
to
provide
for
an
orderly
balance
of
both
public
?3nd
private
land
uses
in
convenient
and
compatible
locations
throughout
the
city
and
to
ensure
that
all
such
uses
serve
to
protect
and
enhance
the
environment,
character
and
image
of
the
city
.
3. It
is
the
goal
of
the
City
of
Poway
to
enhance
the
well-being
of
Poway
residents
by
providing
opportunities
for
relaxation,
rest
, activity
and
education
through
a
well-balanced
system
of
private
and
public
facilities
distributed
to
serve
the
entire
community.
4. It
is
the
goal
of
the
City
of
Poway
to
preserve
its
natural
, scenic
and
cultural
resources
for
the
future
benefit
and
enjoyment
of
its
residents
and
to
protect
biological
and
eco
logical
diversity
.
5. It
is
the
goal
of
the
City
of
Poway
to
achieve
a
climate
for
economic
growth
and
stability
which
will
attract
high
quality
commercial
and
industrial
development
to
serve
the
employment,
shopping,
recreation
and
service
needs
of
Poway
residents
and
will
provide
a
healthy
and
diverse
economic
base
for
the
community
.
6. It
is
the
goal
of
the
City
of
Poway
to
provide
a
safe
,
realistic,
efficient
and
integrated
transportation
system
to
serve
the
present
and
future
mobility
needs
of
all
the
residents
of
Poway
.
7. It
is
the
goal
of
the
City
of
Poway
to
provide
a
safe
and
healthy
environment
for
the
residents
of
Poway
.
8. It
is
the
goal
of
the
City
of
Poway
to
minimize
injuries
,
loss
of
life
and
property
damage
resulting
from
natural
and
man-made
hazards.
9. It
is
the
goal
of
the
City
of
Poway
to
provide
an
efficient
and
economical
public
water
and
wastewater
treatment
system
to
serve
the
current
and
future
residents
of
Poway
.
GCW.S,
POLICIES
&
STRATEGIES
-2
fNCLUDES
AMENDMENTS
THROUGH
GPA
94-01
95 of 111
April 2, 2024, Item #9
March 18th, 2024
Re: Proposed Harmon Ranch Development on Oak Knoll Road, Poway Dear Mayor Vaus and Poway City Council Members, City Manager Chris Hazeltine and Director of Development Services Bob Manis.
On November 9th 2023, Poway Voices initiated a petition on the Poway Voices Facebook page opposing the Harmon Ranch Specific Plan (HRSP), entitled; /Petition: Enforce the General Plan, hyperlink below. By way of reference the following table highlights some of the differences between the requirements of Poway's General Plan and the Specific Plan proposed by the developer, Lennar.
Comparison of Development Standards for property zoned RS-7 from Poway Draft Housing Element1 compared to Residential Standard (R-SF) proposed by Lennar2.
Poway General Plan HRSP Proposal
{RS-7) {R-SF)
Density (max. units per acre) 8 -
~40 homes3A 63 homes
Minimum lot size 4,500 sq. ft 3,470 sq. ft
Standard lot width 50 ft 42 ft
Lot depth 80 ft 85 ft
Front yard setback 18 ft 10-15 ft
Side yard setback (each side) 5/5 ft 5 ft
Side yard setback (street side) 10 ft 5 ft
Rear yard setback 20 ft 15 ft or 5 ft (with CA room)
Maximum lot overage 50% 55%
Maximum buildinq heiqht 35 ft 35 ft
Table 1
Under the GP street widths are typically 36 ft with sidewalks on both sides of the street.
In the HRSP roads are proposed to be 24 ft and 32 ft depending on location with sidewalks only on one side.
For reference, Figure 1, overleaf, shows the HRSP map in relation to the adjacent housing which is currently zoned RS-7, demonstrating the smaller lots of the HRSP and the narrower streets. The housing highlighted was part of TTM 01-01 (APN: 317-501-09 and 1 Residential Development Standards from City of Poway, Draft Housing Element, January 2024, Table
3.3 2 Residential Development Standard (R-SF) proposed by Lennar. Lennar's analysis is shown in Figure 1. 3 Calculation based on buildable land under the General Plan (RS-7) 4 Using Lennar's information from their scoping meeting (2/26/23) there are 5.8 buildable acres which would imply 46 houses, under RS-7. They also state 64 houses on 7.27 acres. 96 of 111
April 2, 2024, Item #9
317-501-10)5. This clearly demonstrates that housing can be, and has been, developed that remains consistent with the General Plan.
Clearly NOT RS-7
I ,
I
: r:j£~~M~~~Eµa~~ I
' ,
' • B
: i :~ ~ -~~~.I\ ' --~-
' ~---~:::__ '
; ---,-,;:L~----;-------·--\ :.-__ ··--=-:::-_-::-::·\-:--------- : I zi -.-;_-¥i~ ----~ \:·\~ -t~\;
. ,, ----------_--__ --v
i ~;-._:=~--= · · _-, 1 \i~\;:---w-
Figure 1
RS-7
R-SF
The petition to-date has received 530 signatures, with comments worth noting since they represent the concerns of Poway residents. Summarizing the written responses and categories, the key concerns are:
• No affordable housing is proposed
• Negative impact (traffic, parking, infrastructure)
• Other (primarily criticism of city council)
• Stay with the General Plan
No comments supported the HRSP
Overall, the public are concerned about the Special Plan negatively effecting the lives of Poway residents and their quality of life, particularly those living close to Poway Road.
The comments also offer a sobering view of our city council and mayor which, rightly or wrongly, are seen as friends of developers and not their constituents. 5https://docs.poway.org/Weblink/DocView.aspx?id=68050&page=1 &dbid=0&repo=CityofPoway&searchid =6b0c1ebb-874f-4fe0-b9b5-b41 f90b628fb&cr=1
97 of 111
April 2, 2024, Item #9
One final concern is that should the city proceed with the HRSP, it will set a precedent for future developments proposed by Lennar and other developers and consequently have a long-term negative impact on the quality of life of city residents.
In summary, we (and 530 petitio,ners) reinforce the request that Poway City Council and City Development Services enforce the General Plan with respect to Harmon Ranch and this should remain the guiding principle for all development and approval processes within the city of Poway.
Sincerely,
Nick Carruthers, Chris Cruse, Jana Johnson, Torrey Powers, Alison Park, and Eric Weller Link to petition:
https://www.ipetitions.com/petition/enforce-the-general-plan-at harmonranch?fbclid=lwAROCMsOOEZnnHm9TKEyqCkjeY 0FD iT3m1oiT6AneMkczSv mvWOclmFUEA
98 of 111
April 2, 2024, Item #9
1 2
Lennar Presentation November 2023
Detern1ining Density
We paid close attention to the surrounding densities and uses to make sure Harmon Ranch would be compatible.
)II \~In
C ll\11' \IU'-,ft\
;,llowed(flS-7)
I of New Homes
77 l
The request for a rezone does not signifirnntly i!lter
the site's densily, it merely gives us the flexibility to incorporate specific design considerations thJt
enable Hvrmon Ranch to blend well with tl1e existing
neighborhood character.
W11h the St,ll!! Dcn~ity bonus, ,1 m,1►in1um cf 105 homts {uicludmg on-site low-1ntome housing) could be provided.
Hc1rmon R<rnch helps Poway mt'et some of tts st.1tc 111c1ndated hol1sing go.it.
The State is pressuring cities or ,:ill sizes to provide sufficient market rute and .:iffordable housing to meet the needs of California's growing population. New legislation has been passed to hold cilfs accountable for no[ doing their fair sha_re.
Harmon Ranch is envisioned to be a transition between the existing higher-density apartments to the west and the single family homes to the east.
Lennar Presentation November 2023
Ill \...,I l \
( P\11' \/{l",(I\
,\!low~d [RS·7)
Pow,,y'S Housrng Elc111cnt 77 l
The request for a re
th~ site's density, it,
mcorporate spccI
enable Harmon Ran
neigh
Harmon Ranch helps flow;iy meet some of its s.t;nc m.ind;ne, The State is pressuring cities or ull sizes to provide sufficient mar meet the needs of Culifornia's growing population. New legislation accountable for not doing their fair share.
.
nificantly alter
he flexibility to
rations that
ith the existing
ter.
Harmon Ranch is envisioned to be a transition bet"' ing higher-density apartments to the west and the single family homes to the east.
3/22/2024
1 99 of 111
April 2, 2024, Item #9
10 7
3 4
"Blend
well
with
the
existing
neighborhood character"
-··-··--
-
_____
.,
,.
-..-----
·-
-·----
• .. •
-~---
·---
-·-·--
••.
Clearly
NOT
RS-7
D
RS-7
D
R-SF
Comparison
of
Development
Standards
for
property
zoned
RS-
7 from
Poway
Draft
Housing
Element
1 compared
to
Residential
Standard
(R-SF)
proposed
by
Lennar
2. Poway
General
Plan
HRSP
Proposal
(RS-7)
(R-SF)
Density
(max
. units
per
acre)
8 -
-40
homes
3.4 63
homes
Minimum
lot
size
4,500
sq
. ft
3,470
sq
_ ft
Standard
lot
width
50 ft
42 ft
Lot
depth
80 ft
85 ft
Front
yard
setback
18 ft
10-15
ft
Side
yard
setback
(each
side)
5/5
ft
5 ft
Side
yard
setback
(street
side)
10 ft
5 ft
Rear
yard
setback
20 ft
15 ft
or
5 ft
(with
CA
room)
Maximum
lot
overage
50%
55%
Maximum
buildinQ
height
35 ft
35 ft
Table
1 3/22/2024
2 100 of 111
April 2, 2024, Item #9
Residential Street < 800 vehicles/day
41' PUBLIC SEWER. WATER AND ACCESS EASEMENT
5 Residential Street < 800 vehicles/day
41' PUBLIC SEWER. WATER AND ACCESS EASEMENT
21' 20'
_____ 32' Paved Width --------1
Sidewalk 36' Paved Width
18'
l
18'
6 Sidewalk
·H I s' I
3/22/2024
3 101 of 111
April 2, 2024, Item #9
Residential Street < 800 vehicles/day
33' PUBLIC SEWER, WATER AND ACCESS EASEMENT
24' Paved Width
12' 12'
7 Residential Street < 800 vehicles/day
• 33' PUBLIC SEWER, WATER AND ACCESS EASEMENT
24' Paved Width
12' 12'
Sidewalk 36' Paved Width
I'S' l 18' 18'
8 Sidewalk
·H I s' I
3/22/2024
4 102 of 111
April 2, 2024, Item #9
9 10
Based on an analysis of the HRSP & Comments from Petition Poway residents oppose HRSP because:
• Too dense (proximity of the houses)
• Lots too small
• Not the "City in the Country"
• Insufficient parking
• Lacks sidewalks
• No affordable housing
• Inconsistent with General Plan
Administration of the plan lacks
openness, transparency AND
ACCOUNTABILITY
• Administrative approvals based on
the discretionary judgment of staff
member
• Criteria that can be waived by a
staff person
• Unclear limits and requirements
• Subjective, undefined criteria,
"minor changes" ?
• No public notice for changes
• No public review for changes
Thanks!
3/22/2024
5 103 of 111
April 2, 2024, Item #9
HARMON
RANCH
SPECIFIC
PLAN
PROJECT
MITIGATION
MONITORING
AND
REPORTING
PROGRAM
Certified
by
City
of
Poway
City
Council
April
2,
2024
(EA
23-0001)
California
Public
Resources
Code
Section
21081.6
requires
that,
upon
certification
of
an
Environmental
Impact
Report
(EIR),
"the
public
agency
shall
adopt
a
reporting
or
monitoring
program
for
the
changes
made
to
the
project
or
conditions
of
project
approval,
adopted
in
order
to
mitigate
or
avoid
significant
effects
on
the
environment.
The
reporting
or
monitoring
program
shall
be
designed
to
ensure
compliance
during
project
implementation."
This
document
contains
the
mitigation
monitoring
and
reporting
program
(MMRP)
that
has
been
developed
for
the
Harmon
Ranch
Specific
Plan
project
(project
or
proposed
project).
This
MMRP
has
been
developed
in
compliance
with
Public
Resources
Code
Section
21081.6
and
Section
15097
of
the
CEQA
Guidelines.
The
mitigation
measures
in
the
table
are
coded
by
alphanumeric
identification
consistent
with
the
EIR.
The
following
items
are
identified
for
each
mitigation
measure:
•
Mitigation
Monitoring.
This
section
of
the
MMRP
lists
the
stage
of
the
proposed
project
during
which
the
mitigation
measure
would
be
implemented
and
indicates
who
is
responsible
for
implementing
the
mitigation
measure
(i.e.,
the
"implementing
party").
It
also
lists
the
agency
that
is
responsible
for
ensuring
that
the
mitigation
measure
is
implemented
and
that
it
is
implemented
properly
.
•
Reporting.
This
section
of
the
MMRP
provides
a
location
for
the
implementing
party
and/or
enforcing
agency
to
make
notes
and
to
record their
initials
and
the
compliance
date
for
each
mitigation
measure.
The
City
must
adopt
this
MMRP,
or
an
equally
effective
program,
if
it approves
the
proposed
project
with
the
mitigation
measures
that
were
adopted
or
made
conditions
of
project
approval.
Harmon
Ranch
Specific
Plan
EIR
ATTACIIMENT
N
14452
City
Council
Certification,
April
2,
2024
MMRP-1
104 of 111
April 2, 2024, Item #9
HARMON RANCH PROJECT MITIGATION MONITORING AND REPORTING PROGRAM
INTENTIONALLY LEFT BLANK
Harmon Ranch Specific Plan EIR 14452
City Council Certification, April 2, 2024 MMRP-2
105 of 111
April 2, 2024, Item #9
HARMON RANCH PROJECT
Mitigation Monitoring and Reporting Program
Mitigation Measure Monitoring Phase Monitoring Method
Air Quality
MM-AQ-1 During project construction, the City ol Poway shall ensure that the project contractor adheres lo the following (1) Ongoing during (1) Review of Plans and measures lo reduce diesel particulate emissions, including, but not limited lo: Project construction Specifications a. All construction equipment greater than 50 horsepower shall be equipped with lier 4 Interim diesel engines or (2) Prime contractor better. Engines less than 50 horsepower shall be powered by electricity or natural gas (or other allemative fuel). shall submit signed letter verifying
b. The engine size of construction equipment shall be the minimum size suitable for the required job. compliance c. The number of construction equipment operating simultaneously shall be minimized through efficient management (2) Field verification practices lo ensure that the smallest number is operating al any one lime. d. Construction equipment shall be maintained in tune per the manufacturer's specificalions. e. The prime contractor will provide the City of Poway verification of equipment type used during construction.
Biological Resources
MM-BI0-1 Slaking and sill fencing shall be installed along the entire perimeter of the construction foolprinUarea proposed for (1) Priorlo (1) Field verification grading. Additionally, pre-construcfon environmental awareness educational meetings for the team and crews, as well commencement of and biological monitoring during vegetation clearing and grading activities, shall occur. Construction/contractor ground-disturbing personnel shall complete a Workers Environmental Awareness Program lo ensure compliance with environmenlaU activities permit regulations and mitigation measures. Construction-limits slaking and biological monitoring shall prevent (2) During construction inadvertent impacts lo special-status vegetation or potential special-status wildlife species and their habitat.
MM-BI0-2 Prior lo construction permit issuance, grading and building plans shall ensure that the weUand and riparian area is (1) Prior lo issuance of (1) Obtain required protected with on-site construction fencing, The construction fencing shall be portrayed on the construction plans. The grading permit permits, as construction plans shall specify that construction fencing shall be maintained for the entire duration of construction applicable activity until the permanent, outer wall proposed for the new development has been constructed, protecting the adjacent riparian and wetland habitats.
MM-BI0-3 In accordance with the Migratory Bird Treaty Act of 1918 and Section 3503.5 of the California Fish and Game Code, lo (1) Prior lo issuance of (1) Qualified biologist lo avoid any direct impacls lo raplors and/or any native/migratory birds, removal of habitat that supports active nests in grading permit conduct pre- the proposed project sile should octur outside of the breeding season for these species (February 1 lo September 15). (2) Within 3 calendar construction survey If removal of habitat in the proposed area of disturbance must occur during the breeding season, a qualified biologist days prior lo the slart if removal habitat shall conduct a pre-construction survey lo determine the presence or absence of nesting birds in lhe proposed area of of construction supports active disturbance. The pre-construction survey shall be conducted not more than 72 hours prior lo the start of construction (3) Ongoing during nesls in the activities (including removal of vegetation). If any active nests are delecled, the area will be flagged and mapped on construction proposed area of the construction plans along with a 300· lo 500-fool (for raplors) avoidance buffer and will be avoided until the nesting disturbance must cycle is complete or it is determined that the nest has failed. Noise monitoring may also be required. The final buffer octUr during the will be delermined by the biologisl(s). breeding season. (2) Submit the resulls of
the pre-construction
survey lo the City of
Poway
Harmon Ranch Specific Plan EIR
City Council Certification, April 2, 2024
HARMON RANCH PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Enforcement Agency & Verification of Compliance
Responsible Agency lnffials Date Remarks
City of Poway
Verification by City of Poway
Verification by City of Poway
Verification by City of Poway
14452
MMRP-3
106 of 111
April 2, 2024, Item #9
HARMON RANCH PROJECT
Mitigation Monitoring and Reporting Program
Mitigation Measure Monitoring Phase Monitoring Method
MM-BI0-4 Prior to construction permit issuance, grading and building plans shall specify the following: (1) Prior to (1) Obtain issuance of required permit
. Employees shall strictly limit their activities, vehicles, equipment, and construction materials to the fenced project grading permit as applicable footprint.
. To avoid attracting predators, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site. . Any lighting installed for project construction should be faced away from riparian and wetland habitat. . Appropriate dust control measures (water trucks) should be implemented to reduce the amount of fugitive dust created by the project.
. Pets of project personnel shall not be allowed on the project site .
MM-BI0•5 All construction activity adjacent to wetland habitat areas shall be required to adhere to measures outlined in the (1) Priorto (1) Field Poway General Plan and Poway Grading Ordinance to avoid degradation to wetland and riparian habitat from erosion. issuance of verification These measures include restrictions on the timing and amount of grading. For example, grading shall be prohibited grading permit during the rainy season (October 1st through April 15th) without an approved erosion control plan and program in (2) Ongoing during place. Grading or vegetation removal shall be prohibited adjacent to wetland areas during the rainy season unless construction determined to be allowable on a site-specific basis with the provision of all necessary erosion control devices, which must be in place and maintained throughout the grading period.
Cultural and Tribal Cultural Resources
MM CUL-1 The project proponent shall inform construction personnel of the location and significance of Harmon House, and of (1) Priorto ( 1) Qualified the avoidance and protective measures that shall be implemented when working near the Harmon House. The construction architectural Harmon House shall be avoided and protected during all phases of construction of the proposed project. historian to develop Prior to the start of work, a qualified architectural historian, meeting the Secretary of the Interior's Professional Qualifications pre-construction Standards for architectural history (U.S. Department of the Interior, 2008) (Qualified Architectural Historian), shall be plan of action for retained to develop a plan of action for avoidance and protection of the Harmon House, in coordination with the City of avoidance and Poway, and the project proponent. The plan shall include at a minimum: protection of the Harmon House, in 1. Procedure to review all construction plans to ensure there is a notation of the Harmon House's location on all coordination with construction plans; the City of Poway
2. Initial testing for potential vibration impacts. Should any potential vibration impacts to stone cladding materials be identified as part of the initial testing, construction methods and equipment uses will be reassessed to ensure that no element of the house is damaged due to construction related ground-borne vibration activities;
3. Details and timeline to conduct a preconstruction suivey to document the existing condition of the Harmon House prior to the start of any ground disturbing work adjacent to the house;
4. Procedures and timing for the placement and removal of a protective barrier(s) for the Harmon House property;
5. A detailed plan for monitoring of the installation and removal of protective barriers, as well as notification procedures and monitoring for all project-related work within 20 feet of the Harmon House, by the Qualified Architectural Historian, or his or her designee;
6. Details and timeline to conduct a post-construction suivey to document the condition of the Harmon House after completion of work described in the project description The plan shall include details and a deadline for the preparation of a technical memorandum documenting the pre-construction and post-construction conditions of the Harmon House and compliance with protective measures. The plan shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties (Siandards) and shall be memorialized in a technical memorandum, which shall be submitted to the City of Poway for review and approval. The final approved plan shall be submitted to the City of Poway no later than 30 days prior to the start of Harmon Ranch Specrfic Plan EIR
City Council Certification, April 2, 2024
HARMON RANCH PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Enforcement Agency & Verification of Compliance
Responsible Agency Initials Date Remarks
Verification by City ot Poway
Verification by City of Poway
Verification by City of Poway
'
14452
MMRP-4
107 of 111
April 2, 2024, Item #9
HARMON RANCH PROJECT
Mitigation Monitoring and Reporting Program
Mitigation Measure Monitoring Phase Monitoring Method
work. The plan shall be provided lo the construction foreman at a project kick-off meeting. The technical memorandum documenting the pre-oonslruction and post-oonslruction conditions shall be submitted to the City of Poway within 30 days of completion of work within 20 feel of the Harmon House and removal of the protective barriers.
MM CUL-2 In consultation with a qualified architectural historian, meeting the Secretary of the lnterio(s Professional Qualifications (1) Priorto (1) Qualified Standards for architectural hislory (U.S. Department of the Interior, 2008) (Qualified Architeclural Historian), the construction architectural project proponent will develop and implement a landscape plan for the northern boundary of the Harmon House historian to property. This landscape plan shall include trees that will create a visual screen between the Harmon House and the develop and new development proposed to the north of lhe property. The implementation of this plan shall be documented in the implement a technical memorandum documenting the pre-oonslruction and post-construction conditions described in MM CUL-1. pre- construction
landscape plan
for the
northern
boundary of
the Harmon
House
property
MM-CUL-3 An archaeological resources monitoring program lo mitigate potential impacts to undiscovered, buried, or previously (1) Priorto (1) The project undetected elements of any archeological resources within the project site shall be implemented to the satisfaction of issuance of Applicant shall the Lead Agency. The program shall include the following: grading permit provide written 1) Prior to issuance of a grading permi~ the applicant shall provide written verification that a qualified archaeologist has been (2) Ongoing during verification to retained to implement the monnoring program. This verification shall be presented in a letter from the project archaeologist grading the City that a to the Lead Agency. The qualified archaeologist (project archaeologist) shall engage a Tracitionally Culturally Affiliated (3) Prior to the qualified issuance of archaeologist (TCA) Native American representative to participate in the monitoring program. The TCA Native American monitor will be building permit has been responsible to acvise the project archaeologist regarding culturally sensitive artifacts or landforms within the Project retained. 2) The project archaeologist and TCA Native American representative shall attend the pre-grading meeting with the (2) A report contractors to explain and cocrdinale the requirements of the monitoring program. documenting the monitoring
3) Archaeological and Native American monitoring shall be required during grading, unless the project archaeologist program shall and TCA Native American representative determines that the potential for cultural resources has been exhausted. be completed The Native American monitor shall coordinate on-site monitoring with the project archaeologist. Full-or-part-time and submitted inspections may be considered depending upon the rate of excavation, the materials excavated, and the presence to the and abundance of artifacts and features. The project archaeologist, in consultation wilh the Kumeyaay satisfaction of representative, shall provide the City of Poway with any recommendations for reduced monitoring protocol. the City as the Lead Agency.
4) In the event that previously unidentified cultural resources are discovered during the monitoring program, the (3) Native project archaeologist and TCA Native American Monitor shall have the authority to divert or temporarily halt ground-American disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. monitor shall The project archaeologist shall contact the Lead Agency at the time of discovery. All discovered cultural resources cocrdinate on- shall be recorded and tested using standard archaeological protocols. Any resources determined to not be CEQA-site monitoring significant shall be released to the grading program. For any resources that are determined to be CEQA-significant with the project and eligible for the California Register of Historical Resources, the project archaeologisl, in consultation with the archaeologist lead agency and the TCA Native American Monitor, shall determine the appropriate measures to be implemented in order to mitigate adverse impacts to the significant site.
Harmon Ranch Specific Pla_!!_EIR
City Council Certification, April 2, 2024
HARMON RANCH PROJECT MITIGATION MONITORING ANO REPORTING PROGRAM Enforcement Agency & Verification of Compliance
Responsible Agency lnllials Date Remarks
Verification by City of Poway
Verification by Cily of Poway
14452
MMRP-5
108 of 111
April 2, 2024, Item #9
HARMON RANCH PROJECT
Mitigation Monitoring and Reporting Program
Mitigation Measure Monitoring Phase Monitoring Method
5) Human Remains: If human remains are encountered during grading, Califomia Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the San Diego County Medical Examiner's Office has made the necessary findings as to origin. The City of Poway, the TCA Native American Monitor, and the applicant shall be immediately notified of the discovery of any possible human remains. Further, pursuant to Califomia Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to their treaiment and disposition has been made. If the medical examiner detenmines that the remains are of Native American origin, the NAHC must be contacted within 24 hours. The NAHC must then immediately identify the Most Likely Descendant(s) (MLD) for purposes of receiving notification of discovery. The MLD shall then make recommendations within 48 hours and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. The TCA Native American Monitor for grading will not necessarily be named as the MLD, and therefore, cannot provide direction until the MLD is detenmined. 6) All cultural material collected during the grading monitoring program shall be cataloged, analyzed, and subsequenUy curated according to the current professional laboratory and repository standards. The collections and associated records shall be transferred, including tiUe, to an appropriate curation facility, to be accompanied by payment of the fees necessary for penmanent curation. 7) A report documenting the monitoring program, any field investigations, and results of any data recovery programs or site evaluations shall be completed and submilted to the satisfaction of the Lead Agency prior lo the issuance of any building penmits. The report will include DPR Primary and Archaeological Site Fonms.
Geology and Soils
MM-GE0-1 Prior to commencement of any grading activity in areas of moderate to high pateontotogical sensitivity, the applicant (1) Prior to issuance of (1) Review of plans and shall retain a qualified paleontologist per the Society of Vertebrate Paleontology (SVP) (2010) guidelines. The qualified grading permit specifications paleontologist shall altend the preconstruction meeting and a paleontological monitor shall be on-site during rough (2) Ongoing during (3) Field verification grading and other significant ground-<Jisturbing activities in areas of previously undisturbed, moderate and/or high construction paleontological resources sensitivity.
In the event that paleontological resources (e.g., fossils) are unearthed during grading, trenching, or large-<Jiameter (two-feet or greater) auguring, the paleontological monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery will be roped off with a 50-fool radius buffer. Once documentation and collection of the find is completed, the monitor will remove the rope and allow grading to recommence in the area of the find. Any significant paleontological resources recovered from the Project site during construction of the Project shall be stabilized, prepared, cataloged, and identified to the lowest taxonomic level prior to curation at an accredited fossil repository with retrievable storage, such as the San Diego Natural History Museum. 1) A quafified paleontologist or a paleontological monitor under the direction and supervision of a qualified paleontologist, shall be on site during original cutting of the Pleistocene terrace deposits and the middle Eocene Friars Fonmation. A paleontological monitor is defined as an individual who has at least one year of experience in field identification and collection of fossil materials, and who is working under the direction of a qualified paleontologisL Monitoring of the noted geologic unit shaU be oonduded at the beginning of excavation and may be either increased or decreased thereafter depending upon initial results (per direction of a qualified paleontologist). a) Qualified Paleontologist: The project paleontologist is a person who has a Ph.D. or M.S. or equivalent in paleontology or closely related field (e.g., sedimentary or stratigraphic geology, evolutionary biology); has a demonstrated knowledge of Southern California paleontology and geology; and has documented experience performing professional paleontological procedures and techniques.
b) Qualified Paleonlological Monitor: A paleonlological monitor is defined as an individual with al least one year of experience in field identification and collecting of fossil materials.
Harmon Ranch Specific Plan EIR
City Council Certification, April 2, 2024
HARMON RANCH PROJECT MITIGATION
MONITORING AND REPORTING PROGRAM
Enforcement Agency & Verification of Compliance
Responsible Agency lniUals Date Remarks
Verification by City of Poway
14452
MMRP-6
109 of 111
April 2, 2024, Item #9
HARMON RANCH PROJECT
Mitigation Monitoring and Reporting Program
Mitigation Measure Monitoring Phase Monitoring Method
2) Monitoring of the noted geologic units (Pleistocene terrace deposits and Eocene Friars Fo1malion) shall be conducted full-lime al the beginning of the excavation and may be deaeased thereafter by the qualified paleontologist depending upon initial results of mon~oring.
3) In the event that well-preserved fossils are discovered, a qualified paleontologist shall have the authority to temporarily halt or redirect construction activities in the discovery area to allow recovery in a timely manner (typically on the order of one hour to two days). AD collected fossil remains shall be cleaned, sorted, cataloged and deposited in an appropriate scientific institution (such as the San Diego Natural History Museum) at the applicant's expense. 4) A report (with a map showing fossil site locations) summarizing the results, analyses, and conclusions of the above- described monitoring/recovery program shall be submitted to the City or Poway within three months of le1minating monitoring activities.
Noise
MM-NOl-1 Prior to the issuance of a Construction Pe1mit, the project applicanVowner or construction contractor shall prepare and (1) Prior lo issuance of (1) Review of plans and submit to the City of Poway Planning Division, for its review and approval, a Construction Noise Management Plan construction permit specifications (CNMP). Prior to the issuance of a Construction Pe1mit, construction plans shall also include a note indicating compliance (2) Ongoing during (2) Field verification with the CNMP is required. The CNMP shall be prepared or reviewed by a qualified acoustician (retained at the project construction applicanVowner or construction contractors expense) and feature the following:
1) A detailed construction schedule, al daily (or weekly, if activities during each day of the week are typical) resolution and correlating to areas or zones of on-site project construction activities and the anticipated equipment types and quantities involved. Information shall include expected hours of actual operation per day for each type of equipment per phase and indication of anticipated concurrent construction activities on site. 2) Suggested locations of a set of noise-level monitors, attended by a qualified acoustician or another party under his/her supervision or direction, at which sample outdoor ambient noise levels will be measured and collected over a sufficient sample period and subsequently analyzed lo ascertain compliance with the eight-hour City of Poway threshold of 75 dBA equivalent noise level. Sampling shall be performed, at a minimum, on the first (or otherwise considered typical conslruclion operations) day of each distinct construction phase (e.g., each of the five listed phases in Table 4.11-3, Construction Phase Distance to Nearest Pre-Existing Noise-Sensitive Receptors).
3) If sample collected noise level data indicates that the eight-hour noise threshold has or will be exceeded, construction work shall be suspended (for the activity or phase of concern) and the projecl applicanVowner or construction contractor shall implement one or more of the following measures as detailed or specified in the CNMP:
a) Administrative conkols (e.g., reduce operating time of equipment and/or prohibit usage of equipment type(s) within certain distances of noise-sensitive receptors). b) Engineering conkols (upgrade noise conkols, such as install better engine exhaust mufflers, silencers, engine bay dampening, etc.).
c) Install noise abatement on the project site boundary fencing (or within the project site, as practical and appropriate) in the form of sound blankets or comparable temporary barriers to occlude construction noise emission between the project site (or specfic equipment operation as the situation may define) and the noise- sensitive receptor(s) of concern.
The implemented measure(s) shall be reviewed or otherwise inspected and approved by the qualified acoustician (or another party under his/her supervision or direction) prior to resumption of the construction activitv or process that Harmon Ranch Specific Plan EIR
City Council Certification, April 2, 2024
HARMON RANCH PROJECT MITIGATION MONIT.ORING AND REPORTING PROGRAM Enforcement Agency & Verification of Compliance
Responsible Agency Initials Dale Remarks
Verification by City of Poway
14452
MMRP-7
110 of 111
April 2, 2024, Item #9
HARMON RANCH PROJECT
Mitigation Monitoring and Reporting Program
Mitigation Measure Monitoring Phase Monitoring Method
caused the measured noise concern or need for noise miligaaon. Noise levels shall be re-measured, after installation of said measures, to ascertain post-mitigation compliance with the noise threshold. As needed, this process shall be repeated and refined until noise level compliance is demonstrated and documented. A report of this implemented mitigation and its documented success shall be provided lo the City of Poway Planning Division. (4) The project applicanVowner or construction contractor shall make available a telephone hotline so that concerned neighbors in the community may call lo report noise complaints. The CNMP shall include a process to investigate these complaints and, if determined lo be valid, detail efforts lo provide a timely resolution and response to the complainant- with copy of resolution provided lo the City of Poway Planning Division.
Transportation
MM-TR-1: Provide Community-Based Travel Planning. The project HOA shall provide allemative modes of transportation (1) Prior lo construction (1) Review of plans and information lo residents and tenant as a part of the 'New Residenr or 'New Tenant' package. The HOA will also provide (2) Ongoing during specifications residents with transit schedules within the area, and alert residents when new transit services are added, or services are construction (2) HOA will act as charged. The HOA will also act as Travel Advisor, providing new residents and tenants with information regarding how Travel Advisor members of households can travel in allemative ways that meet their needs.
Based on US Census data, the average pecple per household wilhin lhe City is 2.99. Therefore, the project would be anticipated lo have a total of 191 residents (2.99 people per household X 64 units). All project residents would be targeled with lhe CBTP. (191 CBTP Targeted Residences/191 Tolal Residents) x 19% x 12% x1 = 2.3% VMT Reduction.
Harmon Ranch Specific Plan EIR
City Council Certification, April 2, 2024
HARMON RANCH PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Enforcement Agency & Verification of Compliance
Responsible Agency Initials Date Remarks
Verification by City of Poway
14452
MMRP-8
111 of 111
April 2, 2024, Item #9
HARMON RANCH PROJECT MITIGATION MONITORING AND REPORTING PROGRAM
INTENTIONALLY LEFT BLANK
Harmon Ranch Specific Plan EIR 14452
City Council Certification, April 2, 2024 MMRP-9