Res P-83-24RESOLUTION NO. P-83-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING TENTATIVE PARCEL MAP TPM 17172
(LIGUOP~I)
WHEREAS, Tentative Parcel Map TPM 17172 was conditionally approved by
the City Council of the City of Poway on July 14, 1981, and was directed by
Court action to be reconsidered, and
WHEREAS, the owner of the real property covered by said map caused to be
prepared a Certificate of Compliance, in lieu of a final parcel map, for TPM
17172, and
WHEREAS, evidence submitted at a regularly scheduled City Council meeting
on January 11, 1983, and presented to the City Council at a public hearing held
on March 29, 1983, showed that a violation of the State Subdivision Map Act had
occurred in the creation of the parcel proposed to be divided by TPM 17172, and
WHEREAS, in accordance with State Govt. Code Section No. 66499.36 a
Notice of Violation was thereafter duly recorded on the parcel covered by said
tentative map, and
WHEREAS, State Govt. Code Section No. 66499.34 provides that if the City
issues a permit or grants approval for the development of any such parcel, it may
impose only those conditions upon such permit or approval as would have been
applicable at the time the applicant for such permit or approval acquired his
interest in said parcel.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: Findings
The City Council makes the following findings in regard to Tentative Parcel
Map TPM 17172:
a. The land involved in said tentative map was created in violation of
the provisions of the State Subdivision Map Act or the provisions of
local ordinances enacted thereto.
b. A Notice of Violation has been duly prepared and recorded on said
parcel in accordance with Govt. Code Section No. 66499.36.
c. In accordance with Govt. Code Section No. 66499.34, the conditions
applicable to the parcel at the time of its acquisition would
provide for the construction of graded dirt access roads, or
bituminous treated access roads, with minimal drainage improvements.
d. The development of the parcels which would result upon approval of
TPM 17172 and its recordation would be contrary to public health and
safety because:
graded dirt roads and roads with bituminous treatment,
without 100 year drainage protection are susceptible to
damage, erosion, and washout.
RESOLUTION NO. P-83-24
Page 2
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2. damage, erosion, and washout of such roads:
prohibits reliable all-weather access for emergency
vehicles and public and private vehicles in the event
of flood, fire, accident, medical emergency or disaster;
ii. prohibits reliable all-weather access for residents and
general public needed for vital services, provision of
food and supplies, access to schools, maintenance and
repair of utilities and mail delivery.
The design or improvement of the tentative parcel is not consistent
with all applicable interim and proposed general and specific plans, in
that the map does not comply with Ordinance 74 - Road Standards.
The design of the subdivision is likely to cause substantial environmen-
tal damage and avoidable injury to humans and wildlife or their habitat,
due to the lack of adequate drainage improvements to the Thompson Creek
area.
The tentative parcel is likely to cause serious public health problems,
without the improvements to the roads for adequate fire and emergency
equipment access.
Section 2: Denial
TPM 17172 is hereby denied, based on the finding set forth in Section 1
herein.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Poway, at a
regular meeting thereof, this 26th day of April, 1983.
Linda Oravec~ Mayor
ATTEST:
MarjorielK~ Wahlsten, City Clerk