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Res P-01-08RESOLUTION NO. P- 0].-08 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP TTM 90-06 TE3 AND SUPERSEDING RESOLUTION NO. P-97-44 APN: 314-060-03, 04 and 314-131-07,12 WHEREAS, a request for a 1' : the approval of Tentative Tract Map 90-06, a proposal to subdivide a 16.9 acre parcel into 8 residential lots; and WHEREAS, the subject property is located west of Pomerado Road, near the western boundary of the City, with access to the lots from both Crossrock Road and Eisenhower Avenue, within the Rural Residential C zone; and WHEREAS, on February 20, 2001 the City Council held a public hearing on the :l item. 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: Section 1: The City Council finds that the previously issued Negative Declaration, dated July 21, 1992, adequately addresses th I this project. Section 2: The findings, in accordance with the State Subdivision Map Act (G I Code Section 66410 et. seq.) for the extension of the approval of Tentative Parcel Map 98-06 (TE), are made as follows: A. The map ' I with the General Plan in that it proposes to create two parcels from a lot designated for residential use. The design and improvements required of the tentative tract map l with all applicable general and specific plans; in that the approved parcel sizes and configurations adhere to the development standards for the Rural Residential C zone. C= The site is physically suitable for the type of development and the density proposed; in that the site is large enough to provide two parcels, each relatively regular in shape and with d' which are in keeping with the Rural Residential C development standards. D= The design of the subdivision is not likely to cause substantial Iai damage and avoidable injury to h :1 wildlife or other habitat in that the site is developed and ' :led by developed properties. Resolution No. p-01-08 Page 2 E. The tentative parcel map is not likely public health problems as City water service is available to the property and conditions of approval for the project require certification from the County Health Department that the existing septic systems serving the residential care facility and the single family residence are adequate; and if the septic systems are not adequate, the lots are required to connect to public sewer prior to final map approval. F. The design of the tentative parcel map will not conflict with any easement by the public at large, now of record, for access through or use of the property within the proposed subdivision. Section 3: The required findings, in compliance with Section 6.1.B of the Implementing Agreement/California Endangered Species Act (CESA) Memorandum of Understanding (MOU) approved with the adopted Poway Subarea Habitat Conservation Plan (PSHCP)/Natural Community Conservation Plan (NCCP) for the proposed project, are hereby made as follows: The project biological resource mitigation is consistent with and furthers the implementing objectives of the PSHCP in that the mitigation ' l with the approved MND pursuant to Section 1 above. The approved mitigation preserves and protects land deeded to the City as open space, approximately 21.31 acres of coastal sage scrub habitat. The habitat is appropriately located in the PSCHP mitigation area to enhance the long-term viability and function of the p that it adjoins two PRPAs and is part of the local wildlife : corridor in the Rattlesnake Canyon C The mitigation will be to the long-term benefit of the PSHCP covered species and their habitats in that the land will remain protected as open space and the coastal sage scrub habitat will benefit the threatened California Gnatcatcher, as well as other covered species and their habitats found in the PSHCP mitigat' :1 adjacent conservation areas. The mitigation will foster the ' implementation of the PSHCP in an effective and efficient manner in that the offsite area proposed as open space adjoins two PRPAs is within an identified mitigation area, and the area has been deeded to the City as open space in accordance with the PSHCP. The preserved habitat will not result in a negative fiscal impact with regard to the implementation of the PSHCP as the subject mitigation land has been dedicated to the City of Poway in fee title. Section 4: The findings, in accordance with G public imp are made as follows: : Code Section 66020 for the Resolution No. P-01-08 Page 3 The design and improvements of the proposed development are with all elements of the Poway General Plan as well as City ordinances because all necessary services and facilities are in place or will b :1 to serve the project as follows: 1. Onsite and offsite drainage imp will be ' :1 to handle the surface water runoff. Fire hydrants will be constructed to serve the development and provide fire protection. Water and sewer fees will be paid. Onsite and offsite improvements will be made to provide water and sewer service to the development. 4. Access to the site will be provided in accordance with City standards and t :leq jency access. Section 5: The City Council hereby approves Tentative Parcel Map 90-06(TE), a request for a time extension of a previously approved tentative tract map to allow the subdivision of approximately 16.9 acres of land into 8 residential lots subject to the conditions below. The property is located west of Pomerado Road, near the western boundary of the City, with access to the lots from both Crossreck Road and Eisenhower Avenue, within the Rural Residential C zone. Within thirty (30) days of approval the applicant shall submit in writing that all conditions of approval have been read and understood. B. City Council Resolution P-97-44 is superseded by this Resolution. The applicant shall comply with the conditions contained in City Council Resolution P-92-34. Section 6: The approval of this Time Extension for Tentative Tract Map 90-06 expires on March 28, 2001, at 5:00 p.m. The final map ' ~ to this conditionally approved tentative tract map shall be filed with the City so that the City may approve the tentative map before this approval expires. Section 7: Pursuant to G l Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, 3osed pursuant to this approval shall begin on February 20, 2001. Resolution No. P-01-08 Page 4 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 20th day of February 2001. Michael P. Cafagna, ATTEST: nne Peoples, City rk 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-01-08 was duly adopted by the City Council at a meeting of said City Council held on the 20th day of February 2001 and that it was so adopted by the following vote: AYES: GOLDBY, HIGGINSON, CAFAGNA NOES: EMERY ABSTAIN: NONE ABSENT: REXFORD nne Peoples, Cit~ Clerk City of Poway