Res P-03-21RESOLUTION NO. P- 03-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A NEGATIVE DECLARATION
AND TENTATIVE PARCEL MAP TPM 01-07
ASSESSOR'S PARCEL NUMBER 277-071-06 and 13
WHEREAS. the City of Poway approved Certificate of Compliance 03-01 for the
purpose of legalizing a lot (APN 277-071-13) that was illegally created in 1978, and
WHEREAS. a condition of Certificate of Compliance 03-01 required the
processing of a Tentative Parcel Map to legalize the parcel, and
WHEREAS a request to resubdivide two lots comprising 40.44 acres was
submitted by Richard Blount; and
WHEREAS, the subject property is located at 17600 Old Coach Road, within the
Rural Residential-A zone; and
WHEREAS on April 29, 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 has considered the Iai Initial Study (ELS),
Negative Declaration (ND) for Tentative Parcel Map 01-07. The subjects ElS and ND
documentation are fully incorporated herein by this reference. The City Council finds,
on the basis of the whole record before it, that there is no substantial evidence the
project will have a significant impact on the [, and that the ND reflects the
independent judgment and analysis of the City. The City Council hereby approves the
ND.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.)for Tentative Parcel Map 01-07, are made
as follows:
The law requires the City to legalize Parcel 1 in accordance with 1978 County
standards. Parcel 1 of the Tentative Parcel Map is consistent with the 1978
County of San Diego development standards in that it proposes an 8-acre
minimum lot. As an existing legal lot, Parcel 2 is consistent with the Poway
General Plan and Zoning Ordinance standards requiring a 20-acre minimum lot
size, as it is 30.77 gross acres.
Resolution No. P- 03-21
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The design and imp ls required of the Tentative Parcel Map are
consistent with applicable general and specific plans; in that Parcel 2 complies
with the development standards for the RR-A zone as it meets the minimum lot
size and width/depth ratio of the Poway General Plan and Municipal Code. The
City Council finds that Parcel 1 is consistent with the 1978 County of San Diego
development standards requiring a ' ' lot size of 8 acres.
The site is physically suitable for the type of development and the density
proposed, in that the each parcel meets the ' ' lot size for the zone in
which it was originally created. The ability to develop a single-family home on
each will be determined with individual development submittals.
The design of the Tentative Parcel Map is not likely to cause substantial
Iai damage and avoidable injury to humans and wildlife or their
habitat in that no development is proposed with this application.
The Tentative Parcel Map is not likely to cause serious public health problems as
City water and sewer service is available to the property.
The design of the Tentative Parcel Map will not conflict with any easement by the
public at large, now of record, for access through or use of the property within the
proposed subdivision.
Section 3: The City Council hereby approves Tentative Parcel Map 01-07, to allow
the subdivision of 40.44-acres of land into two parcels located at 17600 Old Coach
Road in the Rural Residential-A zone, as shown on the Tentative Parcel Map dated
December 8, 2002, subject to the following conditions:
This approval is not inclusive of the design of the proposed single-family homes.
Separate approval of the home design and footprints shall be applied for through
the Minor Development Review process prior to issuance of Building Permits. A
Grading Permit shall not be issued until approval of a Minor Development Review
Permit by the City.
Approval of this request shall not waive compliance with any sections of the
Zoning Ordinance and all other applicable City ordinances in effect at the time of
Building Permit'
This approval is based on the existing site conditions represented on the
approved Tentative Parcel Map. If actual conditions vary from representations,
the approved map must be changed to reflect the actual conditions. Any
substantial changes to the approved Tentative Parcel Map, prior to Parcel Map
approval, must be approved by the Director of Development Services and may
require approval of the City Council.
D. Within 30 days of this approval, the applicant shall:
Resolution No. P- 03-21
Page 3
Submit in writing that all conditions of approval have been read and
understood.
Prior to recordation of the Parcel Map, unless other timing is indicated, the
applicant/subdivider shall comply with the following:
Submit a 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, and this
Resolution of Approval as approved by the City Council and shall be in
substantial conformance with the approved Tentative Parcel Map.
Appropriate map review fees shall be paid at time of submittal.
A statement shall be placed on the Parcel Map that the approval of the map
was solely for the purpose of legalizing Parcel 1 pursuant to the Subdivision
Map Act and does not guarantee future development of either parcel,
because it has not been reviewed for development purposes in conjunction
with the map approval.
Section 4: The approval of Tentative Parcel Map 01-07 expires on April 29, 2005, at
5:00 p.m. unless the Parcel Map conforming to this conditionally approved Tentative
Parcel Map is filed with the City so that the City may approve the Parcel Map before this
approval expires. Alternatively, at least 90 days prior to the expiration of the Tentative
Parcel Map, a request for a time extension may be submitted to the Development
Services Department. A time extension may be subsequently granted by the City
Council.
Section 5: I to Go [ 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 April 29, 2003.
PASSED, A AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 29th day of April 2003.
ATTEST:
Peoples, city-Cl~e ~
Michael P.
yor
Resolution No. P- 03-21
Page 4
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- 03-21 was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of April 2003 and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
City of Poway