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Res P-00-29RESOLUTION NO. P- 00-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 99-03 ASSESSOR'S PARCEL NUMBER 317-520-20 WHEREAS, E /~ I and Tentative Parcel Map 99-03 (hereinafter"Map") were submitted by applicant, Joe Bayani, for the purpose of subdividing the 0.5 acre property located at 13225 Fred Drive within the Residential Single Family 4 zone into two I; before the City Council for a public headng and action on April 18, 2000; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing; and NOW, THEREFORE, the City Council does hereby follows: ~n 1: The City Council finds that a Negative Declaration will be issued (no significant adverse impacts anticipated). Tentative Parcel Map 99-03 will not result in a significant adverse impact on th : and the Negative Declaration dated March 17, 2000, is approved. (G follows: lion 2.' The findings in accordance with the State Subdivision Map Act Code Section 66410 et. seq.) for Tentative Parcel Map 99-03 are made as The map is consistent with the General Plan in that the residential lots are being created as residential building sites in accordance with the Residential Single Family land use and zoning p ' ' fthe Poway General Plan. The site is physically suitable for the type of development proposed as the project has been designed to comply with the Poway Zoning Ordinance. Co The site is physically suitable for the density of the development proposed as the lot 31y with the Poway Zoning Ord' :1 the topography of the site is level. D= The design of the map is not likely t ~)stantial Iai damage or avoidable injury to h ~ wildlife or their habitat as the property is developed and surrounded by existing development. The map is not likely to cause serious public health problems because adequate City water and :)le to serve the project. Resolution No. P-00-29 Page 2 The design of the map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. The proposed project will not create any unmitigated adverse significant impacts on th I and a Negative C is being issued. the public imp The findings in accordance with G :le as follows: Code Section 66020 for The design and imp =the proposed development I with all elements of the Poway General Plan as well as City ordinances because all necessary services and facilities will be available to serve the project. The construction of public imp is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: Onsite drainage imp water runoff. I be provided for the increase in surface Water and sewer fees shall be paid and onsite and offsite imp made to provide water and to the development. Access to the site will be provided in accordance with City standards and to ensure adeq jency access. The City Council hereby approves Tentative Parcel Map 99-03 for the subdivision of a 0.5 acre property located at 13225 Fred Drive into two parcels subject to the following conditions: Within thirty (30) days after tentative parcel map approval, the applicant shall submit in writing to the City that all conditions of approval have been read and understood. A revised project drawing shall be submitted to the Development Services Department, Planning Division, which reflects any and all changes which have resulted from the public hearing. Within thirty (30) days after tentative parcel map approval, the applicant shall apply for a Letter of Availability (LOA) t je availability and post with the City a nonrefundable fee equal to twenty percent (20%) of the apprep fee in effect at the time the LOA is issued. Resolution No. P-00-29 Page 3 This approval is based on the existing site conditions represented on the approved tentative parcel map. If actual conditions vary from representations, the approved map must be changed to reflect the actual conditions. Any substantial changes to the approved tentative parcel map, prior to parcel map, must be approved by the Director of Development S :1 may require approval of the City Council. A minor development review shall be approved prior to cons1 additional ~ing 750 square feet of habitabl Parcel 2 or Parcel 1. Section 17.26 of the Poway Municipal Code requires that fifteen percent of units created shall be affordable to I households. As the subdivision will result in the creation of one additional lot, Section 17.26 of the Poway Municipal Code provides that a developer of for-sale housing may, in lieu of providing required 3/housing fsite, pay an affordable housing in-lieu fee. Within 30 days of the date of this approval, the tentative parcel map shall be revised to show a private road easement width of 23' to 40' (varies) for Rimbach Road. A copy of said map shall be submitted to the Planning Division as the approved project file copy. Prior to approval of the parcel map, unless other timing is indicated, the applicant shall complete the following or have plans submitted and approved, agreements executed, and securities posted: The parcel map shall conform to City standards and procedures; City Subdivision Ordinance; Subdivision Map Act; Land Surveyors Act; the resolution of approval as approved by the City Council; and shall be in substantial lh the approved tentative parcel map. E :l/or right-of-way dedications to the City within the limits of the subdivision shall be made on the parcel map. 3. Ofl to be dedicated by sel: shall be recorded. Water and ~ their appurtenances to be installed at locations other than within public streets shall have an easement, a minimum of 20 feet wide for each line, dedicated to the City. o An irrevocable offer of dedication to the City for street purposes for Fred Road and Rimbach Road within the subdivision shall be made on the parcel map. Any offsite portion to meet the City's criteria for right-of-way shall be irrevocably offered for dedication. _ Resolution No. P-00-29 Page 4 o 10. 11. 12. Rimbach Road within and along the subdivision boundary shall be improved and completed in accordance with Poway Mu nicipal Code Section 12.20.120 and Ordinance No. 280, Standards for Nondedicated Rural Streets. The width of the paved road shall be 20'. Plans for the construction of these imp , shall be submitted, reviewed, and approved by the Engineering Division. Fred Road within and along the subdivision boundary shall be improved and completed to Poway Municipal Code Section 12.20.120 and Ordinance No. 280, Standards for Nondedicated Rural Streets. This street is a local road serving 10 parcels or fewer. The width of the paved road shall be 20'. Plans for the of these imp shall be submitted, reviewed, and approved by the Engineering Division. Improvement plans for the p :, water lines, and sewer lines, shall be prepared on standard sheets of mylar by a registered civil engineer and submitted 1' :1 approval to the Director of Development Services, l with submittal of the parcel map. Plan check, map check and inspection fees shall be paid by the develop : with their submittal. A standard agreement shall b :1 and approl: Iies shall be posted 1' Sion of all street improvements, water lines, sewer lines, drainage, grading, and lot A private road construction and agreement, in a form satisfactory to the City Attorney, for the private roads from the subject property to the nearest publicly :1 road, shall b -1 by the owner. Said agreement is to comply with Ordinance No. 280, Poway Municipal Code Section 12.20.060. Within thirty (30) days after 1 3 approval, the applicant shall apply for a Letter of Availability (LOA) to reserve sewerage availability and post with the City ~abl fee equal to twenty percent (20%) of the approl: ' ;tion fee in effect at the time the LOA is issued. A utility plan shall be submitted to the Planning Division for review and approval. The utility b ;] shall be provided to th fthe Director of Development Services. Resolution No. P- 00-29 Page 5 13. All existing and Ihin the project shall be placed underground. The subdivider shall be responsible for the and undergrounding of existing public utilities less than 34.5 kV, unless specifically waived by the Director of Development Services. 14. Damage to the existing private roads caused by lies from this project shall be repaired to the sat I the City Engineer. 15. The following conditions shall be provided to the sat I the Director of Safety Services: The hammerhead on Parcel 2 shall be considered temporary, until the cul-de-sac on the adjacent parcels (APN 317-520-08 and 317-520-21 ) :1. The h :1 design on Parcel 2 shall be widened to 20 feet. A deed restriction shall be recorded to prevent the resident of Parcel 2 t' 3 a fence in the Fire Department I :1. ,n 5: The approval of the tentative parcel map expires on April 18, 2002, at 5:00 p.m. The parcel map ' 3 to this conditionally approved tentative parcel map shall be filed with the City so that the City may approve the pamel map before this approval expires, unless within 60 days of the expimtlon of the tentative parcel map a request for a time extension is submitted to the Development Services Department and a time extension is granted. Section 6: Pursuant to G I Cede Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, or exactions imposed pursuant to this approval shall begin on April 18, 2000. PASSED, APPROVED A ND ADOPTED by the City Council of the City of Poway, State of California, at a rog ATTEST: L~ori A~nne Peoples, Cit~y Cle~ · .~ this 18th day of April, 2000. Mich 'a~r Resolution No. P- 00-29 Page 6 STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P- 00-29 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of Apdl, 2000, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: EMERY GOLDBY, HIGGINSON, REXFORD, CAFAGNA ~A~n~;~n: Fe~o pies, Ci~ Cl~kk~ City of Poway