Res P-83-26RESOLUTION NO. P-83- 26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA DENYING THE FINAL PARCEL MAP
FOR TENTATIVE PARCEL MAP TPM 17089
(MILLER)
WHEREAS, Tentative Parcel Map TPM 17089 was conditionally approved by
the City Council of the City of Poway on July 14, 1981, and
WHEREAS, the owners of the real property covered by said map caused to be
prepared final parcel map for TPM 17089 , and
WHEREAS, final approval of this map was considered by the City Council at
its regularly scheduled meeting of January 11, 1983, and
WHEREAS, evidence submitted at that meeting, 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 parcels proposed
to be divided by TPM 17089, and
WHEREAS, in accordance with State Government Code Section No. 66499.36, a
Notice of Violation was thereafter duly recorded on TPM 17089, and
WHEREAS, State Govt. Code Section 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 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 17089:
Se
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.
Co
In accordance with Govt. Code Section 66499.34, the conditions
applicable to the parcel at the time of acquisition would provide
for the construction of graded dirt access roads, or bituminous
treated access roads, with minimal drainage improvements.
do
Such conditions would provide for only a graded dirt access road
as a secondary access road connecting the parcel to Highland Valley
Rd.
RESOLUTION N0. P-83- 26
Page 2
eo
The development of the parcels which would result upon approval
and recordation of the final parcel map for TPM 17089 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.
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.
Section 2 : Denial
The final parcel map for TPM 17089 is denied, because, based upon the
above findings, the conditions applicable to the division at the time the
subdivider acquired interest, do not adequately provide for the public health
or safety.
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:
Marjorie~./ Wahlsten, City Clerk