Res P-15-13RESOLUTION NO. P -15 -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A STAY FOR TENTATIVE TRACT MAP 12 -002;
ASSESSOR'S PARCEL NUMBERS 321 - 190 -05, 07, 14, AND 15
WHEREAS, a request for a Tentative Tract Map (TTM 12 -002) to subdivide an
approximate 11.6 -acre property located on the east side of Tierra Bonita Road,
approximately 400 feet south of Twin Peaks Road, in the Residential Single - Family 4
(RS -4) and Rural Residential C (RR -C) zone, into twelve residential lots was submitted
by John Fitch and Associates, Applicant, and
WHEREAS, on August 20, 2013, the City Council held a public hearing on the
above - referenced item, considered the agenda report for the request, considered other
evidence presented at the public hearing, and approved the project; and
WHEREAS, a lawsuit was filed regarding the approval of the project and the
matter is working its way through the litigation process; and
WHEREAS, Section 16.10.090 of the Poway Municipal Code contains provisions
for consideration of a stay of a City Council approval in situations involving litigation;
and
WHEREAS, the applicant has submitted a request for a stay pursuant to Section
16.10.090 of the Poway Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: This stay is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the CEQA Guidelines in that this action has no
possibility of an effect on the environment. Environmental review was conducted
pursuant to CEQA in conjunction with the original approval of TTM 12 -002.
Section 2: City Council Resolution P -13 -21 remains in full force and effect except that
the Applicant's request for approval of a stay pursuant to Section 16.10.090 of the
Poway Municipal Code, is hereby granted by the City Council. The stay is granted until
the conclusion of litigation on the project, not to exceed five years from September 23,
2013.
Section 3: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Resolution No. P -15 -13
Page 2
Section 4: 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 May 5, 2015.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 5th day of May 2015.
-�V� Z"'e
Dave Grosch a ty Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P -15 -13 was duly adopted by
the City Council at a meeting of said City Council held on the 5th day of May 2015 and
that it was so adopted by the following vote:
AYES: LEONARD, MULLIN, GROSCH, CUNNINGHAM
NOES: NONE
ABSENT: NONE
DISQUALIFIED: VAUS
Aheila R. Cobian, CMC, City Clerk
City of Poway