Res P-11-29RESOLUTION NO. P -11 -29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 11 -02
ASSESSOR'S PARCEL NUMBER: 323 - 091 -06
WHEREAS, a request for approval of Tentative Parcel Map (TPM) 11 -02 has been
submitted by Project Management Advisors, Inc., the applicant, on behalf of HCP LS
Poway I, LLC, the property owner; and
WHEREAS, TPM 11 -02 is a request to modify TPM 06 -04, which is a previously
approved 4 -lot subdivision for the project known as Parkway Summit, to change the site
development pad elevations on Lot 3. Lot 3 is located on the south side of Kirkham Way at
its current terminus at General Atomics Way in the Industrial Park area of the South Poway
Specific Plan; and
WHEREAS, on December 20, 2011, the City Council held a duly advertised public
hearing to solicit comments from the public relative to this application.
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 environmental document, or any additional environmental review
or notice, is not required since the project is within the scope of the Mitigated Negative
Declaration, which was approved in conjunction with the original approval of the project on
March 13, 2007.
Section 2 : The finding, in accordance with Chapter 16.10 of the Poway Municipal Code
(PMC) for TPM 11 -02, is made as follows:
A. The proposed subdivision together, with its design and improvements, is consistent
with the General Plan and standards contained in PMC Titles 16 and 17.
Section 3 : All Conditions of Approval established with TPM 06 -04 are still applicable to the
project.
Section 4 : The City Council hereby approves TPM 11 -02, as shown on the approved
plans on file in the City subject to the following:
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 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,
Resolution No. P -11 -29
Page 2
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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 20th day of December 2011.
c
Don Higginson, M or
ATTEST:
/ L-inda)A. Troyan, MMC, Cylfy Clerk
L/
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No. P -11 -29 was duly adopted by the City
Council at a meeting of said City Council held on the 20th day of December 2011, and that it
was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
1 `
DISQUALIFIED: NONE
Linda A. Troyan, MMC, City Clerk
City of Poway