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Res P-03-39 RESOLUTION NO. P- 03-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE PARCEL MAP (TPM) 99-01TE ASSESSOR'S PARCEL NUMBER 320-020-18 WHEREAS, on August 14, 2001, the City Council approved TPM 99-01, a proposal to subdivide a 2.4-acre property into four residential parcels, and WHEREAS, the subject property is located at 11612 Creek Road within the South Poway Planned Community zone and Creek Road Enclave Specific Plan 88-01 B area; and WHEREAS, a request for a one-year time extension of the approval of Tentative Parcel Map 99-01 was submitted by Kuo-Huei Un; and WHEREAS, on July 8, 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: A Negative Declaration with Mitigation Measures was approved for TPM 99- 01 on August 14, 2001. No additional environmental review is necessary for this time extension. Section 2: The findings in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for the extension of the approval of Tentative Parcel Map 99-01, are made as follows: A. The map is consistent with the General Plan, the South Poway Specific Plan and the Creek Road Enclave Specific Plan 88-01 B in that it proposes to create four residential parcels at densities consistent with the General Plan and Specific Plan designations. B. The design and improvements required of the Tentative Parcel Map are consistent with all applicable General and Specific Plans; in that the approved parcel sizes and configurations adhere to the development standards for the Creek Road Enclave Specific Plan 88-01 B. C. The site is physically suitable for the type of development and the density proposed; in that the site is large enough to provide four parcels, each relatively regular in shape and with dimensions which are in keeping with the Creek Road Enclave Specific Plan 88-01 B development standards. - Resolution No. P- 03-39 Page 2 D. The design of the Tentative Parcel Map is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or other habitat in that while a portion (0.88 acres) of the site is covered with a remnant of chaparral habitat, the property is not within the identified Mitigation Area of the HCP because of the site being surrounded by development. The project is required to mitigate impacted habitat at a 1:1 replacement ratio. E. The Tentative Parcel Map is not likely to cause serious public health problems as City water service is available to the property and conditions of approval for the project require certification that the applicant reserve sewer capacity and make payment of fees to insure adequate service to the new homes. F. The design of the Tentative Parcel Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. Section 3: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City ordinances, because all necessary services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. Onsite drainage improvements will be constructed to handle the surface water runoff. 2. A fire hydrant will be constructed to serve the development and provide fire protection. 3. Water and sewer fees will be paid. Onsite and offsite improvements will be made to provide water and sewer service to the development. 4. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. 5. Pedestrian access along the frontage of the site will be provided in accordance with City standards to allow various forms of circulation and access through the community. Section 4: The City Council hereby approves Tentative Parcel Map 99-01TE, a request for a one-year time extension of a previously approved Tentative Parcel Map, to allow the subdivision of a 2.4-acre property into four residential parcels located at 11612 -. Resolution No. P-03-39 Page 3 Creek Road in the South Poway Planned Community zone and the Creek Road Specific Plan Enclave 88-01 B area, as shown on the Tentative Parcel Map dated May 29, 2001, subject to the following conditions: A. Within thirty (30) days after Tentative Parcel Map approval, the applicant shall submit in writing to the City, that all conditions of approval have been read and understood. B. The applicant shall comply with the conditions contained in Resolution No. P-01- 40. C. 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 recordation, must be approved by the Director of Development Services and may require approval of the City Council. Section 5: The approval of a one-year time extension of Tentative Parcel Map 99-01 expires on August 14, 2004, at 5:00 p.m. The Parcel Map conforming to this conditionally approved Tentative Parcel Map shall be filed with the City Engineer a minimum of 90 days prior to the date of expiration so that the City may approve the Parcel Map prior to expiration of this approval. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 8th day of July 2003. ATTEST: Resolution No. P-03-39 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-03-39 was duly adopted by the City Council at a meeting of said City Council, held on the 8th day of July 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE DISQUALlFIED: REXFORD