Res P-04-89
RESOLUTION NO. P-04-89
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP (TPM) 04-03
ASSESSOR'S PARCEL NUMBER 320-220-19
WHEREAS, a request for a Tentative Parcel Map (TPM 04-03), to subdivide an
approximate 14.7 acre parcel into two lots, was submitted by Tech Business Center
LLC, Applicant; and
WHEREAS, the subject property is located at the southerly terminus of
Community Road, within the Industrial Park (IP) zone of the South Poway Specific Plan
area; 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
WHEREAS, on November 16, 2004, the City Council held a public hearing on the
above-referenced item,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The project, TPM 04-03, is found to be Categorically Exempt from the
California Quality Act (CEQA) as a Class 15 Exemption, pursuant to Section 15315 of
the CEQA Guidelines, in that the project involves a minor land division as defined in the
CEQA Guidelines.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 04-03, are made
as follows:
A. The Tentative Parcel Map is consistent with the General Plan, in that it proposes
to create two industrial/office lots consistent with the General Plan, the South
Poway Specific Plan, and the Poway Municipal Code.
B. The design and improvements of the Tentative Parcel Map are consistent with all
applicable general and specific plans, in that the lot sizes adhere to the
development standards of the General Plan, the South Poway Specific Plan and
Poway Municipal Code, and the road and off-site infrastructure improvements
have already been completed.
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Page 2
C. The site is physically suitable for the type of development and the density
proposed, in that the site has been graded, and road and off-site infrastructure
improvements have already been completed as part of an earlier subdivision,
D. The design of the Tentative Parcel Map is not likely to cause substantial
environmental damage, or avoidable injury to humans and wildlife or their habitat,
in that the site has been graded, and road and off-site infrastructure
improvements have already been completed as part of an earlier subdivision.
E. The approval is not likely to cause serious public health problems, in that City
water and sewer service are available to the site.
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
subdivision.
Section 3: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
1. The design and improvements of the proposed development are
consistent with all elements of the Poway General Plan, as well as City
Ordinances and the South Poway Specific Plan, because all necessary
services and facilities will be available to serve the project.
Section 4: The City Council hereby approves Tentative Parcel Map 04-03, to allow the
subdivision of an approximate 14.7-acre parcel, located at the southerly terminus of
Community Road, into two lots, as shown on the Tentative Parcel Map dated August 19,
2004, subject to the following conditions:
A. Approval of this request shall not waive compliance with any sections of the
South Poway Specific Plan, Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. 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
approval, must be approved by the Director of Development Services and may
require approval of the City Council.
C. Within 30 days of this approval, the applicant shall submit in writing that all
conditions of approval have been read and understood.
D. Prior to recordation of the Parcel Map, unless other timing is indicated, the
applicant/subdivider shall comply with the following conditions.
Resolution No. P-04- 89
Page 3
1. Submittal of a reproducible mylar copy of the recorded final map of City of
Poway Tract No. 86-02R(2), Map No. 13944, with the first submittal of the
Parcel Map review, The requirement to provide a reproducible mylar copy
is to comply with Section 16.12.060B of the Poway Municipal Code
(PMC). If the subdivider submits a proof that said mylar copy has already
been provided to the City, then this requirement is waived.
2. Submittal of a Parcel Map to the City for review and approval. The Parcel
Map shall conform to City standards and procedures, the City Subdivision
Ordinance, the Subdivision Map Act, the Land Surveyors Act, the
Resolution of Approval as approved by the City Council, and shall be in
substantial conformance with the approved Tentative Parcel Map. The
appropriate map review fee shall be paid at time of submittal.
3. The following easements, if not already recorded, shall be dedicated to the
City through the Parcel Map at the San Diego County Recorder's office by
separate instruments, prior to Parcel Map recordation:
a. A 15.00-foot-wide public utility or general utility easement along the
projects' frontage of Community Road. If there are public utility or
general utility easements existing, but not 15.00-feet-wide, only
additional easements to attain the minimum 15.00 feet in width
shall be dedicated.
b. A 15.00-foot-wide public pedestrian walkway access easement
along Community Road. The width can be modified, at City's
discretion, to fit the existing sidewalk.
Upon recordation of the Parcel Map, the subdivider shall provide the City
with a reproducible mylar copy (PMC Section 16.12.060B).
Section 5: The approval of Tentative Parcel Map 04-03 expires on November 16,
2006, at 5:00 p.m. The Parcel Map conforming to this conditionally approved Tentative
Parcel Map shall be filed with the City so that the City may '<\pprove the Parcel 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.
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 November 16, 2004.
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Page 4
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 16th day of November 2004.
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ATTEST:
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Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P-04-89 was duly adopted
by the City Council at a meeting of said City Council held on the 16th day of November
2004 and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY, REXFORD
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Sherrie D. Worrell, Deputy City Clerk
City of Poway