Res P-00-44 RESOLUTION NO. P-00-44 ,..)~, .~Ii,
A RESOLUTION OF THE CITY COUNCIL ,, 9
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 98-06(TE) TIME EXTENSION
AND VARIANCE 00-08, AND SUPERSEDING RESOLUTION NO. P-98-31,
ASSESSOR'S PARCEL NUMBER 321-410-39
WHEREAS, A request for a one year time extension of the approval of Tentative
Pamel Map 98-06, submitted by Joan Butzen, a proposal to subdivide a 2.5 acre property
into two pamels. The subject property is located at 14755 Budwin Lane within the Rural
Residential C zone. The applicant also requests approval of Variance 00-08 to allow the
existing residential care facility building to encroach within the 50 foot setback buffer
required bet~ ' public use and an adjacent residential zone; and
WHEREAS, on June 13, 2000 the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby
follows:
~ 1: The City Council finds that the previously issued Negative Declaration,
dated May 7, 1998 adequately addresses th ~this project.'
Section 2: The findings in accordance with the State Subdivision Map Act (G I
Code Section 66410 et. seq.) for the extension of the approval of Tentative Parcel Map 98-
06(TE) are made as follows:
The map' : with the General Plan in that it proposes to create two parcels
from a lot designated for residential use.
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The design and imp quired of the tentative parcel map
with all applicable general and specific plans; in that the approved parcel sizes and
configurations adhere to the development standards for the Rural Res;dential C
zone.
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The site is physically suitable for the type of development and the density proposed;
in that the site is large enough to provide two parcels, each relatively regular in
shape and with d which are in keeping with the Rural Residential C
development standards.
The design of the subdivision is not likely to cause substantial Iai
damage and avoidable injury to h :1 wildlife or other habitat in that the site
is developed and ' Jed by developed properties.
Resolution No. P- 00-44
Page 2
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The tentative parcel map is not likely to cause serious public health problems as
City is available to the property and conditions of approval for the
project require certification from the County Health Department that the existing
septic sy ' ;~ the residential care facility and the single family residence
are adequate; and if the septic sy :adequate, the l :luired to
connect to public sewer prior to final map approval.
The design of the tentative parcel map will not conflict with any easement by the
public at large, now of record, t' through or use of the property within the
proposed subdivision.
The finding lance with Section 17.50.070 of the Poway Municipal
for Variance 00-08 are made as follows:
There are special ' 3plicable to the property, and because of this the
strict application of the Zoning Ordinance deprives the property of privileges enjoyed
by other properties in the vicinity under identical zoning classification.
The lot split as designed will result in the residential care facility buildings existing
within the required 50 foot setback from the residential lot that is created (Parcel 1).
The special is that the residential care facility and the single family
residence .' ~3 :1 the operation of the residential care facility,
which is a legal ' 3 use, is not allowed to enlarge or expand and the
~ =its operation are not allowed to change.
Granting the variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zoning for which th ;~ht.
The variance will allow the lots to be regular in shape and have a logical layout
given the imp associated with the residential care facility and those
:1 with the single family home.
Granting the variance or its modification will not be materially detrimental to the
public health, safety, or welt' ' ' to the property or iml: 1
vicinity and zone in which the property is located in that the residential c~.re facility
is existing and a care facility for the elderly is not considered to be a noisy or
both lich would require a significant buffer from adjacent residential
areas.
Resolution No. P-00-44
Page 3
The granting of th' does not 3ecial pdvileg I with
the I 3on other properties in the vicinity and zone as the regular shape lot
design ' ;]ed throughout the City.
The granting of th' does not all :tivity which is not otherwise
expressly authorized by the zoning development regulations governing the property.
The findings in accordance with G
public imp :le as follows:
Code Section 66020 for the
The design and imp : the proposed development l 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 imp is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
Water fee shall be paid and on-site and off-site imp
provid to the development.
made to
Access to site will be provided in accordance with City standards and to
ensure adeq jency access.
ion 5: The City Council hereby approves Tentative Parcel Map 98-06(TE), a request
for a one year time extension of a previously approved tentative pamel map and approves
Variance 00-08 to allow the existing residential care facility buildings I 1 within the
50 foot setback buffer required beN, ' 3ublic use and an adjacent residential zone.
The property is located at 14755 Budwin Lane. The project is approved subject to the
following conditions:
Within thirty (30) days of approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
B. City Council Resolution P-98-31 is superseded by this Resolution.
C. The following conditions shall be completed pdor to Parcel Map approval:
Site shall be developed in accordance with the approved site plans on file in
the Planning Division and the condil' :1 herein.
2. Revised site plans incorporating all conditions of approval shall be submitted
Resolution No. P-00-44
Page 4
to the Planning Division.
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Approval of this request shall not 31iance with all = the
Zoning Ordinance and all other applicable City ordinances in effect at the
time of building permit issuance.
Prior to any use of the project site or business activity being ~1
thereon, all conditions of approval contained herein shall be completed to the
f the Director of Development Services.
The applicant shall construct a parking lot (11 parking spaces ' '
including one disabled space) which complies with City standards on
proposed Parcel 2 prior to parcel map approval. The design of the parking
lot shall be approved by the Planning Division prior to construction.
The following conditions shall be completed to the
Engineer, prior to parcel map approval:
of the City
a. The existing septic sewage disposal s~ ~ parcel must be
adequate to comply with the req ' ~ : the San Diego County
Department of Health. A plat of the approved City Council site
design depicting the new property lines and required site
imp ~all be stamped and signed by the County Health
Department signifying use in determining the adequacy of the septic
systems. A letter certifying the adequacy of the systems, issued by
said Department of Health, shall also be provided to the City.
Use of the existing septic systems is further conditioned upon the
following:
(1) Each parcel shall have its own septic system.
(2)
No building or no expansion to existing buildings shall be
constructed.
(3) No change in use on the parcels or the shall be
made.
(4) No expansion to the septic systems shall be made.
Resolution No. P- 00-44
Page 5
bo
(5)
If the existing septic s~ 'tiffed to be inadequate by
the Department of Health; or if either system fails; or if anyone
of the above conditions (lA to 1D) ' :1, to
public sewer shall be made. C to the public sewer
requires the extension of a sewer main to the property. All
costs for th : tl~ (tension shall be
borne by the property owner. Appropriate ~ion
fees shall be paid prior ~ to public sewer.
Each parcel shall be serviced with its own water lateral and water
meter. W to each parcel shall be completed.
The following water fees shall be paid to the City's Engineering
Division. Depending on the size of water meters to be installed, the
water fees shall be as follows:
Cost Lateral
%" meter $130 $3,710 $1,350 $1,585
1" meter $270 $6,678 $1,430 $2,536
For a meter size not listed above, please contact the Engineering
Division. The above fees are tl~ lly in effect and are subject
to change.
* This fee is subject to change without further notice. Applicable only
for d The amount to be paid shall be that
in effect at time of payment.
A right-of-way permit shall be obtained from the City's Engineering
Division for any work to be done within the public street right-of-way
or any City held easement. Said work shall include, but is not limited
Sion of ddveway approach, sewer lateral installation, water
service line installation, and street '
A private road agreement for that portion of Budwin
Lane, along the subdivision's frontage, in a form approved by the City
shall be recorded in the office of the San Diego County Recorder.
f. Applicant shall provide the City with a photo mylar copy of the
_ Resolution No. P- 00-44
Page 6
recorded pamel map within 30 days f
Jation of parcel map.
The parcel map shall conform to City standards and procedures, City
subdivision ordinance, Subdivision Map Act, and Land Surveyors Act.
A bond ' i acceptable to the City Engineer
shall be posted. In lieu of bond, if all
have been set prior to parcel map approval, a certificated issued by
the licensed p who prepared the map certitying that all
' have been set shall be provided to the City.
The following conditions shall be completed to the satisfaction of the Director
of Safety Services:
All imp
approval.
Tall be completed pdor to parcel map
(1)
Relocate post indicator valves (PIV), swing check and fire
department connection (FDC) to the northeast corner of the
newly provided driveway.
(2)
Install a new fire hydrant within 40 feet of the newly located
PIV/FDC.
(3)
Provide a minimum 20' access read to Huntington Manor,
completed with a fire department turnaround.
Section 6: The approval of a one year 1' : Tentative Parcel Map and the
Variance expires on June 2, 2001, at 5:00 p.m. The parcel map 3 to this
conditionally approved tentative parcel map shall be filed with the City so that the City may
approve the parcel map before this approval expires, unless within 60 days of the
expiration of the tentative parcel map a request for a r is submitted to the
Development Services Department and a r is granted.
Resolution No. P- 00-44
Page 7
Pursuant to G l Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications,
3osed pursuant to this approval shall begin on June 13, 2000.
PASSED, ADOPTED and APPROVED by the City Council of the City cf Poway,
State of California, at a reg ' .:1 this 13th day of June 2000.
ATTEST:
M~chae~"
nne Peoples,
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-00-44 was duly adopted by the City
council at a meeting of said City Council held on the 13th day of June, 2000 and that it was
so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
(~Anne Peoples, Ci y ~ler~
City of Poway