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Res P-02-43 RESOLUTION NO. P-02-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP (TTM) 97-02(TE) ASSESSOR'S PARCEL NUMBER 323-071-18 WHEREAS, on August 1, 2000, the City Council approved TTM 97-02, a proposal to subdivide a 34-acre property into nine residential lots and one open space lot, and WHEREAS, the subject property is located at the northerly terminus of Whitewater Drive in the Rural Residential A and Rural Residential C zones; and WHEREAS, a request for a one-year time extension of the approval of Tentative Tract Map 97-02 was submitted by Whitewater LLC/Greg Loy; and WHEREAS, on July 30, 2002, 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, the City Council does hereby resolve as follows: Section 1: A Negative Declaration with Mitigation Measures was approved for TTM 97- 02 on August 1, 2000. No additional environmental review is necessary for this time extension. Section 2: The findings in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for the extension of the approval of Tentative Tract Map 97-02, are made as follows: A. The map is consistent with the General Plan in that the residential lots are being created as residential building sites in accordance with the Rural Residential A and Rural Residential C land use and zoning provisions. B. The site is physically suitable for the type of development proposed in that the project has been designed to comply with the hillside development standards and requirements of the Poway General Plan. C. The site is physically suitable for the density of the development proposed in that the lot sized and configurations have been designed to be clear of the steepest areas of the property. D. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or other habitat in that the project development would not cause unavoidable adverse conditions to humans Resolution No P-02-43 Page 2 and the project is in compliance with the Poway Subarea Habitat Conservation Plan. E. The map is not likely to cause serious public health problems, as City water, sewer, and drainage system improvements are required as conditions of approval. F. 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. G. The project will not create any unmitigated significant adverse impacts on the environment. Section 3: 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. 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. Onsite drainage improvements will be constructed to handle the surface water runoff. 2. New fire hydrants will be constructed to serve the development and provide fire protection. 3. New streetlights will be required to promote a safe environment. 4. Water and sewer fees shall be paid and onsite and offsite improvements made to provide water and sewer service to the development. 5. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. 6. Pedestrian/equestrian access to the site will be provided in accordance with City standards to allow a various forms of circulation and access through the community. Section 4: The City Council hereby approves Tentative Tract Map 97-02(TE), a request for a one-year time extension of a previously approved Tentative Tract Map, to allow the subdivision of a 34-acre property into nine residential lots and one open space Resolution No. P-02-43 Page 3 lot, as shown on the Tentative Tract Map dated August 1, 2000, subject to the conditions below. The property is located at the northerly terminus of Whitewater Drive in the RR-A and RR-C zones. A. Within thirty (30) days after Tentative Tract Map approval, the applicant shall submit in writing to the City, that all conditions of approval have been read and understood. B. The applicant shall comply with the conditions contained in Resolution No. P-OO- 57. C. This approval is based on the existing site conditions represented on the approved Tentative Tract 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 Tract Map, prior to Final Map recordation, must be approved by the Director of Development Services and may require approval of the City Council. Section 5: The approval of a one-year time extension of Tentative Tract Map 97-02 expires on August 1, 2003, at 5:00 p.m. The Final Map conforming to this conditionally approved Tentative Tract Map shall be filed with the City Engineer a minimum of 90 days prior to the date of expiration so that the City may approve the Final Map prior to expiration of this approval. Section 6: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on July 30, 2002. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 30th day of July 2002. ATTEST: r"W . 0 ~ ' / i ~ ¡ i ,M., -l.- L Lori Anne Peoples, City Clerk Resolution No P-02-43 Page 4 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-02-43 was duly adopted by the City Council at a meeting of said City Council, held on the 30th day of July 2002, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE