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BACKGROUND On December 2, 2008, City Council approved PUD-72, an application by Jerry Raney to subdivide two parcels (located at 4693 and 4715 Augustine Street) into six parcels for the construction of three new single family detached homes, while keeping the existing three single family detached homes. The property is located west of Augustine Street and south of W. Angela Street as shown on attached vicinity map. On January 14, 2009, the Planning Commission approved an application for Vesting Tentative Map, Tract 7952, to subdivide the property into six parcels. The Engineering staff, Planning staff, and the City Attorney's Office have reviewed the Final Map, Improvement Plans, and other legal documents for Tract 7952. The developer has prepared the required disclosure deeds and maintenance agreement. All submittals are in substantial conformance with the approved Tentative Map. Development fees have been paid, and the signed Subdivision Agreement has been submitted. DISCUSSION Proposed Improvements The proposed subdivision and the improvements are compatible with the objectives, polices, land uses and programs specified in the General Plan and the Downtown Specific Plan. The site is relatively flat and is an infill lot in the Downtown area. The Downtown Specific Plan land use designation for this lot is High Density Residential. The project was rezoned to PUD-HDR to provide consistent land use designations for the approved development plan. The development proposes one private driveway. This driveway will be maintained by the individual property owners and will provide access to three of the homes, and access to the garage or carport slab for five lots. The existing home at on the north-west side will have access to a carport slab from Augustine Street. The sanitary sewer main and the water main serving this project will be maintained and operated by the City. The storm drain, water and sewer laterals, and private driveways will be the responsibility of each property owner and the maintenance association. Bio Swales The developer proposes to utilize bio treatment areas on each lot, sized for treating storm water runoffs resulted from a two-year, 24 hour storm per City's current storm water NPDES permit. Discretion to Deny the Final Map A local agency may not disapprove a Final Map if it has previously approved a Tentative Map for the proposed subdivision, and if it finds that the Final Map is in substantial conformance with the previously approved Tentative Map (Government Code, section 66474.1). A Final Map shall be disapproved only for failure to meet conditions that were applicable at the time the Tentative Map was approved. If the Final Map is disapproved, there must be a finding identifying the conditions, which were not met (Government Page 2 of 3