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Res P-16-27RESOLUTION NO. P-16-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 08-002, AND UNDERGROUND WAIVER 16-002 ASSESSOR'S PARCEL NUMBER 317-200-26 WHEREAS, a request for a two -lot subdivision of a 2.2 -acre parcel located at 12251 Sunwood Trail, in the Rural Residential C (RR -C) zone and a request to waive the requirement to underground existing overhead utilities, submitted by Bill Yen, Applicant, on behalf of D K K FAMILY TRUST 03-21-04, Property Owner; WHEREAS, on November 1, 2016, the City Council held a public hearing on the above -referenced 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, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The subdivision of the property is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 15 Categorical Exemption, Section 15315 of the CEQA Guidelines, in that it involves the division of land into two parcels within an urbanized area in compliance with all City codes and standards and the average slope of the property is less than 20 percent. Biological impacts related to this activity are adequately addressed by and consistent with the City of Poway's Subarea Habitat. Conservation Plan (PSHCP), companion Implementing Agreement dated June 1996, and associated Mitigated Negative Declaration. Section 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. Seq.), for Tentative Parcel Map (TPM) 08-002 are made as follows: A. That the proposed map is consistent with the objectives, policies, general land uses and programs of the General Plan in that it proposes to create two residential lots at a density that is consistent with the General Plan designations and Poway Municipal Code (PMC) standards. B. That the design and improvement of the proposed subdivision are consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC. C. That the site is physically suitable for the type of development in that the topography of the site provides for two lots with a building pad each. Resolution No. P-16-27 Page 2 D. That the site is physically suitable for the proposed density of development in that the site is large enough to provide two lots that meet the required shape and dimension. E. That the design of the lot division is not contrary to the policy of the State legislature as stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code, or likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the project has been designed to comply with the Poway Subarea Habitat Conservation Plan (HCP) and mitigation for limited impacts is consistent with that plan. F. That the design of the lot division is not likely to cause serious public health problems in that City water service is available to the site and preliminary documentation has been submitted that the lots can be adequately served by septic waste disposal systems. G. That the design of the lot division will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that the future development of single-family residences on the site can be accommodated without obstructing or otherwise impacting existing or new easements. Section 3: Pursuant to the HCP, a biological resources report, dated June, 2015 and revised December 2015, was prepared for the property by Hernandez Environmental Services. The report found that the site contains approximately 0.16 acres of disturbed Diegan Coastal Sage Scrub (DCSS) habitat. The proposed project will impact approximately all (0. 13 acres) of Diegan Coastal Sage Scrub habitat on site. The proposed project complies with the HCP and the HCP Implementing Agreement. In accordance with the HCP, the required findings for approval of the proposed mitigation for the removal of natural habitat for the project are as follows: A. The mitigation is consistent with, and furthers the implementing objectives of, the Poway Habitat Conservation Plan in that the applicant will mitigate the removal of 0.13 acres of disturbed DCSS at a 1:1 ratio through the recordation of an off-site Biological Conservation Easement (BCE) within the Mitigation Area or the payment of an In -Lieu Fee at a rate established by the City. B. Off-site habitat mitigation or the cash in -lieu payment will go towards the purchase of mitigation habitat within the Mitigation Area and will enhance the long-term viability and function of the preserve system. C. The mitigation will be to the long-term benefit of the covered species and their habitats in that an off-site BCE within the Mitigation Area will be recorded or a cash In -Lieu Fee will be paid to go towards the purchase of land that will have undisturbed habitat on which a BCE will be recorded. Said land will promote a Resolution No. P-16-27 Page 3 meaningful addition to the assembly of a viable regional system of interconnected natural habitat resources, habitat linkages, buffers, and wildlife corridors. D. The mitigation shall foster the incremental implementation of the Poway HCP in an effective and efficient manner in that any off-site conservation area is required to be within an identified Mitigation Area within the City. E. The mitigation will not result in a negative fiscal impact with regard to the successful implementation of the Poway Habitat Conservation Plan. Section 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City ordinances, because all necessary services and facilities will be available to serve the project. B. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. Public water improvements and related appurtenances connecting to the public water main located in Boulder View Drive. 2. Dedications of easements for the proposed public water line shall be granted prior to the final map. C. In accordance with the Poway General Plan, the project requires the payment of development impact fees, which are assessed on a pro -rata basis to finance public infrastructure improvements which promote a safe and healthy environment for the residents of the City. Section 5: The City Council hereby approves Underground Waiver (UW) 16- 002 and waives the requirement for undergrounding the existing onsite utility pole and existing overhead service extending to the off-site pole to the north to remain on the site, pursuant to City Council Resolution 91-003. The existing overhead utility connections serving the existing residence shall be relocated underground to the nearest pole. Section 6: The City Council hereby approves TPM 08-002 as shown on the approved plans on file with the City, 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 attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this Resolution No. P-16-27 Page 4 development approval and any environmental document or decision. 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. B. Approval of this request shall not waive compliance with any section of the Zoning Ordinance or other applicable City ordinances in effect at the time of Building Permit issuance. C. This approval is based on the existing site conditions represented on the TPM. If actual conditions vary from representations, the map must be changed to reflect the actual conditions. Any substantial changes to the approved TPM, prior to Parcel Map approval, must be approved by the Director of Development Services and may require approval of the City Council. D. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. E. Within 30 days of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. F. A Minor Development Review Application shall be approved for a new house and site design on Parcel 2; including, but not limited to, grading, site plan and building elevations, incorporating all conditions of approval, through the Planning Division. G. Prior to Parcel Map approval, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. 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. Resolution No. P-16-27 Page 5 2. Private utility service and access easements are to be reserved on the final map. 3. The property owner shall sign and record a deed covenant not to oppose and contribute to the future undergrounding of existing overhead utilities. The existing overhead utility connections serving the existing residence shall be relocated underground to the nearest pole. Approval of UW 16- 002 allows the existing onsite utility pole and existing overhead service extending to the off-site pole to the north to remain on the site. 4. The existing water service to the property shall be relocated so that it fronts Parcel 2. Prior to start of any work within the City right-of-way, a Right -of -Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 5. The applicant shall install a City approved sewer odor control system on the existing sewer lift station to prevent excessive odors in the public system. 6. Applicant shall enter into a Private Street Maintenance Agreement for the private road within the subdivision. The form and content shall be in a form satisfactory to the City Attorney. The applicant shall also enter into a private street maintenance agreement for Sunwood Trail. 7. The access road and proposed driveway serving the existing structure shall be paved in accordance with fire department requirements. The area of impervious pavement shall be less than 5,000 square feet. The installation of impervious pavements totaling 5,000 square feet or more would require additional permits, reports, and storm water management improvements. 8. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the parcel map, for the mylar reproduction of the recorded tract map shall be posted. If a mylar copy of the map is provided to the City within three months of its recordation or prior to building permit issuance, whichever comes first, the security shall then be returned. (See Poway Municipal Code Section 16.12.060 B for subdivider's responsibility to provide a reproducible mylar copy to the City.) 9. The applicant shall pay the drainage impact development fee in effect at the time of subdivision. Listed below is the current applicable fee: $1,200 Beeler Canyon Basin Resolution No. P-16-27 Page 6 10. The project requirements for fire protection call for the installation of one or more fire hydrants and expansion of the public water system necessary to support the installation of the hydrants. A water system analysis is required for final design of the proposed public water system expansion. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 11. A Public Improvement plan shall be submitted per Municipal Code requirements to the Department of Development Services, Engineering Division. Improvement design should be 100% complete at time of submittal and should include the following Public Improvements: a. Public water improvements and related appurtenances connecting to the public water main located in Boulder View Drive. b. Easements for the proposed public water line shall be recorded prior to the final map. 12. The public improvement plan for water 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 public improvements and monumentation. 13. The applicant shall pay the fee for plan check review of the final map in effect at the time of subdivision. The current applicable fee is $1,100.00 per sheet of the final map. 14. All stormwater facilities shall be operational, and all reports, operation & maintenance plans, and agreements shall be signed, and recorded as applicable, including the final Storm Water Quality Management Plan (SWQMP), final Storm Water Facilities Maintenance Agreement (SWFMA) and the final Operations and Maintenance plan prior to occupancy or final map approval, whichever comes first. This includes all portions of the private road, on both proposed parcels. All signed documents shall also be provided to the city on Adobe Acrobat PDF format, with file sizes less than 10 megabytes. H. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. Resolution No. P-16-27 Page 7 2. Submit a precise 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. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent 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. 3. A drainage study addressing the impacts of the 100 -year storm event prepared by a registered 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. 4. Water Quality Control — Design and Construction The project shall comply with the City's stormwater requirements. The project is considered a Priority Development Project and will be subject to the Standard Urban Stormwater Management Plan as outlined in the Poway Municipal Code. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code. 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 Poway Municipal Code, 5. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval. A minimum cash security of $2,000 is required in all instances. 6. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As 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. Resolution No. P-16-27 Page 8 7. Following approval of the grading plans, posting of securities and fees, and receipt of five 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 available from the City's project engineer. (Planning) 8. Prior to issuance of a Grading Permit or an Administrative Clearing Permit, whichever comes first, associated with the development of the site or construction of a new single-family home on Parcel 2, the applicant shall mitigate impacts to 0.13 acres of disturbed Diegan Coastal Sage Scrub at a 1:1 ratio. This mitigation can be satisfied by establishing an off-site Biological Conservation Easement over 0.13 acres of similar habitat located within the Mitigation Area of the Poway Subarea HCP or through payment into the City's Habitat In -Lieu Fee account. The current rate is $17,000 per acre. 9. In accordance with Condition H of the Poway HCP Incidental Take Permit, a take of active California gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Coastal sage scrub, which is a habitat used for nesting by the California gnatcatcher, exists on the project site and within 500 feet of the project site. Therefore, grading and removal of habitat during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director of Development Services. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures, to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS,) are implemented. There is no guarantee that grading will be allowed to resume during nesting season. Before issuance of a Clearing/Grading Permit, if grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division a letter from a qualified biologist retained by the applicant, with a scope of work for a CSS habitat and Gnatcatcher Survey, and a report for the area to be cleared and/or graded and CSS habitat areas within 500 feet of such area. The biologist shall contact the USFWS to determine the appropriate survey methodology. The purpose of the survey is to determine if any active gnatcatcher nests are located in the area to be cleared or graded, or in CSS habitat within 500 feet of such area. To be considered qualified, the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the USFWS. Resolution No. P-16-27 Page 9 The scope of work shall explain the survey methodology for the biological survey and the proposed gnatcatcher nest monitoring activities during the clearing/grading operation. Should the report show, to the satisfaction of the Director of Development Services, that gnatcatcher nests are not present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the gnatcatcher nesting season from February 15 through July 1. If gnatcatchers are nesting within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time until such time as mitigation measures, to the satisfaction of the City and the USFWS are implemented. The biologist must attend the City's pre -construction meeting for the project and must be present onsite during all clearing/grading activities to monitor that the clearing/grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s). If grading is required to stop due to the presence of active nests, the applicant shall be required to provide erosion control, to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. At a minimum, all protected biological areas, as shown on the grading plan, shall be staked by a licensed surveyor and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing or grubbing. A written certification from the engineer of work, or a licensed surveyor, shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. The biologist shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Resource Assessment. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the observations of the biologist, including whether any gnatcatchers or evidence of active gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. Resolution No. P-16-27 Page 10 10. Grading shall be consistent with the concept grading shown on the approved TPM. Pad elevation changes more than +/- two feet shall require City Council approval as a TPM revision. 11. Landscape and irrigation plans shall be submitted prior to issuance of Grading Permit and approved prior to the issuance of the Building Permit. The project site shall be landscaped and irrigated in compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and/or any other applicable standards/policies in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals, and is made directly to the Planning Division. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. Prior to Building Permit issuance for any future development the applicant is required to comply with the following: (Engineering) 1. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 3. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Three copies of certification of line and grade for the lot, prepared by the engineer of work. b. Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City 4. Prior to start of any work within a City -held easement or right-of-way, a Right -of -Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. Resolution No. P-16-27 Page 11 5. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. The following is a list of the currently estimated fees due for Parcel 2: a. Water (1" Meter) $5,448 b. Traffic $2,357 C. Park $4,562 d. Fire Apparatus $122.03 There is also a required fee to the San Diego County Water Authority in the amount of $7,744 for a one -inch meter. 6. The building plans shall call out a City approved sewer odor control system to be installed on the proposed sewer lift station to prevent excessive odors in the public system. (Planning) 7. A Minor Development Review Application shall be required for a residence on Parcel 2. 8. Applicable school fees in effect at the time of Building Permit issuance shall be paid to the Poway Unified School District (PUSD). 9. The developer is advised that, pursuant to PMC 17.26.100 through 17.26.300, single-family residential development shall provide that 15 percent of the units created shall be affordable to low-income households. The developer of for -sale housing may, in lieu of providing required inclusionary housing onsite or offsite, pay an Affordable Housing In -Lieu Fee to the City in accordance with the provisions of the referenced Section prior to issuance of a Building Permit. J. Prior to issuance of a Certificate of Occupancy the applicant is required to comply with the following: (Engineering) 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. 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. All new utility services shall be placed underground. Resolution No. P-16-27 Page 12 3. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets caused by construction activity from this project. 5. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. At least three weeks prior to a request for occupancy is recommended. 6. The applicant shall install a City approved sewer odor control system on the proposed sewer lift station to prevent excessive odors in the public system. K. The following requirements shall be completed to the satisfaction of the Director of Safety Services: 1. The applicant is required to meet all applicable Poway Municipal Code and California State Fire and Building Codes for this project. The applicant is encouraged to contact the Division of Fire Prevention at (858) 668-4470 to set up a meeting prior to submitting building plans in order to review project requirements. 2. This project shall comply with all current, applicable codes including the PMC and its adoption of the California Building Code, California Fire Code, California Residential Code and International Wildland-Urban Interface Code. 3. This project is located within the Very High Fire Hazard Area of the City and is new construction; California Building Code Chapter 7A and Poway Municipal Code 15.05 will apply. 4. 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. Access roadways shall have an all-weather driving surface, a roadway interior turning radius of not less than 28 feet, an outside turning radius of not less than 45 feet, and capable of supporting the imposed loads of fire apparatus with a minimum of 13 feet, six inches of vertical clearance. Cul-de-sac turnarounds shall be a minimum of 76 feet in diameter. The Fire Chief, pursuant to the Poway Municipal Code, shall approve the road surface Resolution No. P-16-27 Page 13 type. Access road grades cannot exceed 20 percent. The angle of departure and the angle of approach of a fire access roadway shall not exceed 7 -degrees (12 percent). Dead-end access roadways in excess of 150 feet long shall be provided with approved provisions for turning around of Fire Department apparatus. 5. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. 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. 6. Fire hydrant(s) shall be located within 500 feet when any portion of the building to be protected is on a parcel of one acre or greater. A fire hydrant shall be located within 350 feet when any portion of the building to be protected is on a parcel of less than one acre. Fire hydrant flow shall exceed a minimum of 750 GPM with a residual flow pressure of 20psi. The water flow velocity is not to exceed 15 feet per second and be capable of providing uninterruptible flow capacity. 7. All new structures will require installation of a NFPA-compliant fire sprinkler system with no less than a one -inch water meter and one -inch service lateral. 8. The project shall comply with Section Six of the City of Poway Landscape and Irrigation Design Manual and Chapter 15.05 PMC as it relates to fuel management and defensible space. One hundred feet of fuel management consisting of 40 feet of Zone A and 60 feet of Zone B, is required. Mitigation is required where 100 feet of fuel management cannot be achieved within the parcel boundaries. Ten feet of vegetation fuel modification shall be maintained on both sides of driveway and access roadways within parcel limits. The landscape plan requires a separate landscape and irrigation plans submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. There is a separate fee for this plan check and inspection service. The applicant shall submit and receive signed approval of landscape and irrigation plans prior to the issuance of the Building Permit. Section 7: The approval of TPM 08-002 and UW 16-002 shall expire on November 1, 2018, at 5:00 p.m. The Final Map conforming to this conditionally approved Tentative Parcel Map shall be filed with the City so that the City may approve the Final Map before this approval expires, unless at least 90 days prior to the expiration of the Tentative Parcel Map, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. Resolution No. P-16-27 Page 14 Section 8: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 1st day of November, 2016. Steve Vaus, Mayor ATTEST: NincyMe6feld, CMC, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P-16-27 was duly adopted by the City Council at a meeting of said City Council held on the 1st day of November 2016, and that it was so adopted by the following vote: AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE NalycyAeofelO, CMC, City Clerk City of Poway