Loading...
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 Page 2 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