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Res P-03-15RESOLUTION NO. P-03-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 03-01 AND VACATING BRIGHTON AVENUE ASSESSOR'S PARCEL NUMBER 314-220-07 THROUGH 12, 42, 66, 67 AND 68 WHEREAS, Tentative Parcel Map 03-01, submitted by Berryman & Henigar, Applicant, to subdivide 15.61 acres within the Old Poway Specific Plan Area into 3 parcels by merging and reconfiguring 10 existing parcels and vacating Brighton The 15.61-acre project site is bounded by Edgemoor Street to the south, Eastern Avenue to the east, Adrian Street to the north, and the alley behind the Old Poway Village center to the west and is zoned Residential Single-Family-7 (RS-7), Commercial General (CG), and Mobile Home Park (MHP); and WHEREAS, on March 25, 2003, 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, the City Council does hereby resolve as follows: Section 1: The City Council finds that the Tentative Parcel Map 03-01 request is Categorically Exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15315, Class 15, in that the project consists of a minor land division creating 3 parcels that are consistent with the General Plan and Zoning, and all services and access to the proposed parcels are available. Section2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for Tentative Parcel Map 03-01, are made as follows: The map and design of the subdivision are consistent with the General Plan in that the proposed lot sizes, d' and other technical characteristics comply with the RS-7, MHP, and CG zoning standards, the Old Poway Specific Plan standards, and General Plan designation standards. The site is physically suitable for this type and density of development in that the site is located within an area of residential and I development/uses and the project reduces the existing number of lots from 10 to 3. The design of the Parcel Map is not likely to cause substantial environmental damage, and avoidable injury to humans and wildlife or their habitat in that Resolution No. P-03-15 Page 2 parcels are currently or have previously been developed and do not contain any significant biological The approval is not likely to cause serious public health problems in that City water and sewer service are available to the site. The design of the Tentative Parcel Map will not conflict with any acquired by the public at large, now of record, for access through or use of the property within the subdivision in that the development of residential and ;iai structures on the proposed lots can be accommodated without obstructing or otherwise impacting existing easements. Section 3: The findings, in accordance with Government Code Section 66020 for the public imp Is, are made as follows: The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances and Old Poway Specific Plan, because all necessary services and facilities are in place or will be constructed to serve the project. The following improvements are necessary to protect the public health, safety, and welfare: On-site and off-site drainage improvements are in place or will be constructed to handle the surface water runoff. 2. Fire hydrants are in place and will be constructed to serve the development and provide fire protection. On-site and off-site imp ls will be made to provide water and sewer service to the development. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. Section 4: The City Council hereby approves Tentative Parcel Map 03-01 to subdivide 15.61 acres within the Old Poway Specific Plan Area into 3 parcels and vacate Brighton The 3 new parcels include a 2.23-acre parcel zoned Residential Single-Family-7 and located on the northwest corner of Brighton Avenue and Edgemoor Street, a 1.04-acre parcel zoned General I and located north of Temple Street, and a 12.33-acre parcel zoned Mobile Home Park located north of Edgemoor Street. The approval of TPM 03-01, as shown on the Tentative Parcel Map dated February 14, 2003, is subject to the following conditions: Resolution No. P-03-15 Page 3 Within 30 days of the date of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood; The site shall be developed in accordance with the approved Tentative Parcel Map on file in the Development Services Department to the satisfaction of the Director of Development Services. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit' Do Prior to any use of the project site, or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services. The approval of this Tentative Parcel Map shall expire at the end of 2 years if either a Parcel Map has not been approved and recorded, or a time extension has not been sought by March 25, 2005. Prior to recordation of the Parcel Map the applicant shall comply with the following: Prior to recordation of the Parcel Map, unless other timing is indicated, the applicant/subdivider shall submit the 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 the time of submittal. Prior to issuance of a Building Permit, unless other timing is indicated, the applicant/subdivider shall record the Parcel Map in the office of the San Diego County Recorder. Section 5: The approval of this Tentative Parcel Map expires on March 25, 2005, 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 approve the Parcel Map before this approval expires, unless prior to 90 days of 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 granted for the City Council prior to the expiration date. Resolution No. P-03-15 Page 4 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 March 25, 2003. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 25th day of March 2003. ATTEST: ~rd, De~~./Mayor~~ nne Peoples, City (~lerk STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P- 03-15 was duly adopted by the City Council at a meeting of said City Council held on the 25th day of March 2003 and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA "' e Peo,_les, City ~erK Ci y of Poway