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Res P-00-77RESOLUTION NO. P- 00-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA MODIFYING THE CONDITIONS PERTAINING TO LOTS 64, 71 AND 72 FOR TENTATIVE TRACT MAP 89-13 REVISED (3) ASSESSOR'S PARCEL NUMBER 277-170-07 PORTION WHEREAS, on September 8, 1998, the City Council approved Tentative Tract Map 89-13 R(3) Old Coach Golf Estates for Phase 2 of 78 residential lots and a golf 549 acres on the 708 acre Planned Community (PC) zone/specific plan site; and WHEREAS, a request for modification of the pad elevations on three lots by lowering the pad elevations by five to ten feet has been submitted by Old Coach Realty; and ab WHEREAS, on September 26, 2000, the City Council held a hearing on the -I item; 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; NOW, THEREFORE, the City Council does hereby follows: Section 1: This project is Categorically Exempt, Class 4, from the California E Iai Quality Act pursuant to Section 15304, as the grading design is a minor alteration to land. Section 2: The findings, in accordance with the State Subdivision Map Act (G t Code Section 66410 et. seq.), for the modification of the approval of Tentative Tract Map 89-13R (3) are made as follows: The Revised Grading and Erosion Control Plan for the three lots ' with the General Plan in that it proposes lowering pad elevations within a nine lot cluster of lots designated for rural residential development. The design and imp required of the Revised Grading and Erosion Control Plan for the three I' : with all applicable general and specific plans, in that conditions of approval for the map specify that it must comply with all requirements of Specific Plan 89-01, which was written specifically for the Old Coach project. Resolution No. P- 00-77 Page 2 The site is physically suitable for the type of development approved in that the site is located within an area of predominantly single-family residential development. The lowered pad I I: l with the underlying project design to substantially observe the natural contours of the land. The site is physically suitable for the density of the development approved in that the proposed lots meet the acreage req 'o :the specific plan and underlying RR-A zone. The design of the three lots, within the subdivision, is not likely to cause substantial damage and avoidable injury to h :~ wildlife or other habitat in that appropriate mitigation have been identified by the project EIR and will be implemented with project grading and The Tentative Tract Map revision for lowering the pad elevations by five to ten feet on three of the lots is not likely public health problems, as lowering the pad elevations will have no effect to City water and 31e to the property. The revised grading design for the three lots within the Tentative Tract Map will not conflict with any easement by the public at large, now of record, 1' through or use of the property within the proposed subdivision. on 3: The findings in accordance with G public improvements are made as follows: Code Section 66020 for the The design and imp ' Ithe proposed development Iwith all elements of the Poway General Plan, as well as City ordinances, because all necessary ;I facilities will be available to serve the project. The : public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: Access to the site will be provided in accordance with City standards and Jequate emergency access. Section 4: The City Council hereby approves Tentative Tract Map 89-13R(3) to modify the conditions for TTM 89-13R(3), for Old Coach Golf Estates, to allow pad elevations to vary by more than two feet on three of the nine lots at Cypress Point; specifically, five feet lower on Lot 64, five feet lower on Lot 71 and 10 feet lower on Lot 72, east of Old Coach Drive, in The Heritage Golf Estates, Unit 1 Subdivision, north of Espola Road, within the Planned Community (PC) zone of the Old Coach Golf Estates Specific Plan as shown on the Grading and Erosion Control Exhibit dated July 21, 2000. The project is approved subject to the following conditions: Resolution No. P- 00-77 Page 3 Within thirty (30) days after Tentative Tract Map 89-13 R(3) approval, the applicant shall submit in writing, to the City, that all conditions of approval have been read and understood. The applicant shall comply with the condit' P-98-50. :1 in Resolution No. Lots 64, 71 and 72 of Heritage I are found to be in substantial :h the 1: :) pad elevations approved by the City Council on September 8, 1998. A five foot decrease for Lots 64 and 71 and a ten foot decrease for Lot 72 is authorized. This approval is based on the existing site conditions represented on the proposed Grading and Erosion Control Plans. If actual conditions vary from representations, the proposed Grading and Erosion Control Plans must be changed to reflect the actual conditions. Any substantial changes to the proposed Grading and Erosion Control Plans prior to initiation of the grading changes must be approved by the Director of Development S :1 may require approval of the City Council. Prior to obtaining a grading permit, the applicant shall: 1. Reconcile the fuel management zones to the sat " I the Directors of Development S :1 Safety Services. 2. Obtain 1: 011-04. to grade from the off-site property owner for APN 277- The lowered pad elevations shall not encroach into any existing or proposed open sF If or Heritage I, Heritage II or on APN 277- 011-04, as shown on the grading plan or final map. Dedicate additional open space to the south, east and west of Lots 64 through 70 that is undisturbed native vegetation (within the Zone I fuel management zone) to offset the additional encroachment proposed to the north of Lots 71 and 72. Section 5: The approval of the pad elevation ' ' Lots 64, 71 and 72 of The Heritage, Unit 1 expires on September 26, 2001 at 5:00 p.m. unless a grading permit pursuant to this approval is issued or, within 60 days of the expiration of this approval, a request for a t' is submitted to the Development Services Department and a t' is granted. Resolution No. P-00-77 Page 4 S Pursuant to G t Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, imposed pursuant to this approval shall begin on September 26, 2000. ATTEST: PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, at a reg .3 this 26th day of September 2000. STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-00-77 , was duly adopted by the City Council at a meeting of said City Council held on the 26th day of September 2000, and that it was so adopted by the following vote: AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: EMERY City of Poway