Res P-05-53
RESOLUTION NO. P-05-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP (TIM) 00-02R
ASSESSOR'S PARCEL NUMBERS: 277-070-33,277-080-03, AND 277-080-22
WHEREAS, on November 18, 2003, the City Council approved Zoning
Ordinance Amendment (ZOA) 01-04, General Plan Amendment (GPA) 01-02, Specific
Plan (SP) 01-02, Tentative Tract Map (TIM) 00-02, and Conditional Use Permit (CUP)
01-05, and certified the Hidden Valley Ranch Environmental Impact Report (EIR),
involving a project proposed by applicants Ed and Barbara Malone for a 41-lot,
detached, single-family, master-planned neighborhood on an approximate 420-acre site
located at 17150 Old Coach Road; and
WHEREAS, the applicants have submitted a request for approval of revisions to
the approved TIM 00-02 involving home site pad elevation changes on 5 lots, and the
relocation of two of the lots within the project; and
WHEREAS, on August 16, 2005, 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: Pursuant to Section 15162 of the California Environmental Quality Act
(CEQA) Guidelines a subsequent EIR, or any additional environmental review or notice,
is not required since the project is within the scope of the Hidden Valley Ranch
Environmental Impact Report (SCH #2001121009), which was certified in conjunction
with the original approval of the project on November 18, 2003.
Section 2: The findings in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for the revisions to Tentative Tract Map 00-
02, are made as follows:
A. The Map is consistent with the General Plan in that the cluster subdivision
design, with a total of 41 lots on 420 acres of land that has an average natural
slope of 21 %, is consistent with the density limitation of the Rural Residential A
General Plan land use designation; the cluster subdivision design enables the
preservation of large blocks of natural habitat areas in permanent open space;
and the subdivision design provides a public recreation trail.
B. The site is physically suitable for the type of development proposed in that the
project has been designed to comply with the density limitations of the General
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Plan, hillside development standards, and requirements of the Poway Municipal
Code.
C. The site is physically suitable for the density of the development proposed in that
the lot sizes and configurations have been designed to make allowances for the
steep topography of the site.
D. The design of the Map is not likely to cause substantial environmental damage or
avoidable injury to humans and wildlife or their habitat in that the project
development would not cause unavoidable adverse conditions to humans 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 because City
water, sewer, and drainage system improvements are required as a Condition 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 Map will not create any unmitigated adverse significant impacts on the
environment.
H. The grading plan for the proposed Map includes several cut or fill slopes that are
30 feet or greater, but not exceeding 40 feet in vertical height. The City Grading
Ordinance requires City Council approval of all fill slopes of such height.
The City Council finds that such slopes are reasonable and necessary to develop
the Project, and therefore, such slopes are hereby approved.
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 Map 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. On-site and off-site drainage improvements will be provided for the
increase in surface water runoff.
2. New fire hydrants will be required to serve the new development and
provide fire protection.
3. Water and sewer fees shall be paid, and on-site and off-site improvements
made to provide water and sewer service to the development.
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4. Access to the site will be provided in accordance with City standards and
to ensure adequate emergency access.
5. A public recreational trail will be provided through the project site to
connect the existing public trail on Old Coach Road to the west of the site,
with existing trails to the south of the site in the Blue Sky Ecological
Reserve; thereby providing a community wide recreational amenity.
Section 4: The City Council hereby approves TIM 00-02R involving revisions to the
project involving pad elevation changes and relocation of Lots 33 and 34 within the
project, as shown on the replacement Tentative Tract Map dated June 8, 2005, subject
to the conditions below:
A. Within thirty (30) days after Tentative Tract Map approval, the applicants shall
submit in writing to the City, that all Conditions of Approval have been read and
understood.
B. The applicants shall comply with the Conditions of Approval contained in
Resolution No. P 03-75 and is incorporated herein by reference.
C. Prior to the issuance of an Administrative Clearing Permit or a Grading Permit, or
prior to recordation of the Final Map, whichever occurs first, a revised Hidden
Valley Ranch Specific Plan (with exhibits that are consistent with the approved
revisions to TTM 00-02) shall be submitted for review and approval. The revised
Hidden Valley Specific Plan shall also incorporate the required changes noted
in Section K.20 of the Conditions of Approval contained in Resolution No. 03-75.
D. Pursuant to Section 66474.9 (b) of the State Government Code, the subdivider
shall defend, indemnify, and hold harmless the local agency or its agents,
officers, and employees from any claim, action or proceeding against the local
agency or its agents, officers, or employees to attack, set aside, void, or annul,
an approval of the local agency, advisory agency, appeal board, or legislative
body concerning a subdivision, which action is brought within the time period
provided in Section 66499.37 of the State Government Code. The City of Poway
shall promptly notify the subdivider of any claim, action, or proceeding, and the
City shall cooperate fully in the defense. If the City fails to promptly notify the
subdivider of any claim, action, or proceeding, or if the City fails to cooperate fully
in the defense, the subdivider shall not thereafter be responsible to defend,
indemnify, or hold harmless the City.
Section 5: The approval of Tentative Tract Map 00-02R expires on August 16, 2007
at 5:00 p.m. The Final Map conforming to this conditionally approved Tentative Tract
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 Tract
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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 August 16, 2005.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 16th day of August 2005.
ATTEST:
~ ~ff~ ~
. Di ne 'Shea, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. P-05-53 was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of August 2005, and that it was so
adopted by the following vote:
AYES:
NOES:
REXFORD,EMERY,CAFAGNA
NONE
ABSENT:
BOYACK, HIGGINSON
DISQUALIFIED:
NONE
X Ja~~
L. Diane Shea, City Clerk
City of Poway