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Res P-95-37RESOLUTION NO. P-95-37 A OF THE ~T MODIFYING TENTATIVE TRACT N ASSESSOR'S PARC L F THE CIT COUNCIL POWA¥, i(RA), RE OLUTION AMENDMENT, PHASE 2 ERS 321- ]0-01 THROUGH 38 WHEREAS, Tentative Tract Ma 86-01(RA) s ,kmitted by H. G. I Corporation, applicant, for the pur ose of modify g the conditions of pprov 1 for TTM 86-01R (Map No. 12401) subd viding the rea property situated in he Ci y of Poway, County of San Diego, tate of Call urnia into thirty-eig t lo s regularly came before the City Council for public earing and action on uly 1 , 1995. WHEREAS, Tentative Tract Map 86-01(RA) meets the requirements of the RR-C zone; and WHEREAS, the Director of Planning Services has recommended approval of the parcel map, subject to all conditions set forth in the Planning Services Department report; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby approve proposed Tentative Tract Map 86-01(RA). The City Council finds the previously certified Final EIR for the Green Valley Ridge Subdivision adequately addresses the potential impacts of the proposed amendment. The approved project is consistent with the general plan in that a residential land use is proposed by this application. The d sign or improvements fo the tentative parcel map are consis ent with or are condit oned to be consistent with all applica le general and specific pans, in that required improvements adhere o the development standar s of the City of Poway Development Code and Subdivision Ordinances. The site is physically suitable for the approved, in that the lots in Phase 2 will suitable building sites. type of development be graded to create The site is physically suitable for the density of the development approved. It contains thirty-eight single-family parcels on about 41 net acres, which is a density of one parcel per 1.08 acres, where one acre lots are permitted by the RR-C zone. The lot sizes and configurations all conform to the minimum RR-C zoning standards. The desi n of the subdivision is ot likely to cause substantial Lal damage and avoidable njury to humans and wildlife or their ha itat, in that portions o the lots have been previously disturbe , and off-site acquisi ion of 6.5 acres minimum of Resolution No. P-95-37 Page Z coastal sage scrub habitat will be required of an in-lieu fee paid on a pro rata basis for 28 lots. e The tentative tract map is not likely to cause public health problems because City water and sewer systems will be provided to serve the residential lots. J The design of the tentative tract map does not conflict with any by the public at large, now of record, for access through or use of the property within the approved subdivision. )cision: The City Council hereby approves Tentative Parcel Map 8g-16 subject to the following conditions: Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTMENT OF PLANNZNG SERVICES. COMPLIANCE SHALL BE e All prior conditions of Resolution No. P-86-17 apply except as modified within this resolution. ondition 15 on page 4 of Resolu ion No. P-86-17 is rescinde for Phase 2. t states: "All grading activit es, with the exception of hat necessary or streets and driveways, shal be confined within the bu lding setback ines unless specifically allowe by the Directors of Plann ng and Public ervices'. Condition B. Biological R 2. of Resolution No. P-86-17 is rescinded, in part, for Phase 2. The subsections to be deleted state: "In regard to the designated open space easements, the developer shall also be required to: Improve the habitat quality, if necessary, by revegetating disturbed areas with plant species indigenous to the coastal sage scrub on- site. be Prohibit activities that will degrade habitat quality (e.g. dumping, brushing of native vegetation, etc.). Prohibit uses disruptive to wildlife, including those which create loud noise, excessive lighting, etc. (e.g. off-road vehicles). de Ensure that landsca tng in the vicinity of the open space areas included iv exotic or native plant specifies so as not to create adverse compe 'tion to the native vegetation, and therefore, enhance conditions ur native wildlife. Reso]utlon No. P-95-37 Page 3 Condition B. Bi~lo~io~al 2. of Resolution Ko. P-86-17 ~,~aiQs applicable for ~e~-s 3-5, 8, 9, 12, 14-17 ~ of Phase '~'~t~ border a recreational trali' easeme~ o~' ~en sp~ce easement. The subsection states: "In regard to the designated open space the developer shall also be required to: Require future h with lots fronting an open space area to maintain said areas in their natural state. 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 ' Off-s e ~urchase of 6.5 acres of comparable hab tat is required wi hin ~ " ....~j or payment into an in-lieu fund a ministered by the ity of Powal ~s ~quired on a pro rata basis as t e 28 lots owned the appl cant are sold or building permits pulle after minor deve pment review approval. In the event the total amount is not paid with n two years, the applicant shall pay an additional amount as determined the City Council. The developer shall improve the remaining 1 t ail system in the sub ivision prior to pulling any more than seven build ng permits of the 28 ots under their ownership. Trail construction shal be in accordance wit the adopted standards and to the satisfaction o the Directors of Pub ic and Planning Services. An open space easement shall be granted to the City over, upon, across, and under the area defined on the final maps as a recreational trail and no building, structures or other things shall be constructed, erected, placed or maintained on subject easements except for the construction and maintenance of said trail and structures appurtenant to the trail. Dedicate the Master planned recreational trails to the satisfaction of the Directors of Public and Planning Services in accordance with the Master Plan of Trails Element. GENERAL REQUIREMENTS AND APPROVALS All provisions of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. ~O~)i~m)iS?=~:.~ approval for Phase 2 shall ~ ~ map revisi ~:~'"~' '~:'""~:'"':~:~:~:~:~'~" ~ c July ll, 1997. ays pr]or ~o expiration ~n accordance with the City's Subdivision rdinance. Resolution No. P-95-37 Page 4 e Inclusionary housing fees shall be paid in accordance with fee schedule in effect at the time of building permit APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 18th day of July, lggS. ATTEST: la STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-95-37 , was duly adopted by the City Council at a meeting of said City Council he 18th day of Ju , 1995, and that it was so adopted by the follo~vote: AYES: CALLERY, EMERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: CAFAGNA ABSENT: NONE rie~,K, waP city Of~ Pgway E:\CITY\PLANNING\REPORT\TTM8601R.RES