Res P-01-25RESOLUTION NO. P-01-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 98-06(TE-2) TIME EXTENSION
AND VARIANCE 01-07, AND RESCINDING
RESOLUTIONS NO. P-00-44 AND P-98-31,
ASSESSOR'S PARCEL NUMBER 321-410-39
WHEREAS, a request has been submitted by Philip Butzen 1' :1 one-year
time extension of the approval of Tentative Parcel Map 98-06, a proposal to subdivide a
2.5-acre property into two parcels. The subject property is located at 14755 Budwin Lane
within the Rural Residential C zone. The applicant also requests approval of Variance 01-
07 to allow the existing residential care facility building I 1 32 feet into the 50-foot
setback buffer required betw ' 3ublic use and an adjacent residential zone; and
WHEREAS, on June 2, 1998, the City Council approved Tentative Parcel Map 98-06
and Variance 98-08, a proposal to subdivide a 2.5-acre property into two rural residential
parcels and to allow a residential care facility t 1 32 feet into the required 50-foot
setback buffer required bet~ ' 3ublic use and an adjacent residential zone, and
WHEREAS, a request for a one-year time extension of the approval of Tentative
Parcel Map 98-06 and Variance 00-08 were approved by the City Council on June 13,
2000; and
WHEREAS, on May 15, 2001, the City Council held a public hearing on a request
for a second one-year time extension for TPM 98-06 and Variance 01-07; 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
follows:
Section 1: The City Council finds that the previously issued Negative D dated
June 2, 1998, adequately addresses th concerns for TPM 98-06(TE-2) and
the City Council finds that Variance 01-07 is Categorically Exempt from the p ' ' :
the California E Quality Act, pursuant to Section 15305(a), Class 5 exemption,
in that the ¥ quest':1 does not result in the creation of any new parcels.
Section 2: The findings in accordance with the State Subdivision Map Act (G
Code Section 66410 et. seq.)for the extension of the approval of Tentative Parcel Map 98-
06(TE-2) are made as follows:
Resolution No. P- 01-25
Page 2
The map' i with the General Plan in that it proposes to create two parcels
from a lot designated for residential use.
Bo
The design and imp :luired 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 Residential C
zone.
The site is physically suitable for the type of development and the density proposed;
in that the site is large enough to provide two pamels, 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
damage and avoidable injury to h :l wildlife or other habitat in that the site
is developed and ' :led by developed properties.
Eo
The Tentative Pamel Map is not likely 1 public health problems as
City water service 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 I :luired to
connect to public sewer prior to final map approval.
Fo
The design of the Tentative Parcel Map will not conflict with any easement by the
public at large, now of record, 1' through or use of the property within the
proposed subdivision.
Section 3: The finding Jance with Section 17.50.070 of the Poway Municipal
Code for Variance 01-07 to allow the existing residential care facility building 1 ~
32 feet into the required 50-foot buffer setback from the adjacent residential :le
as follows:
There are special 3plicable to the property, and because of this the
strict application of the Zoning Ordinance depdves 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 are existing :l the operation of the residential care facility,
Resolution No. P- 01-25
Page 3
which is a legal .;I 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 the V ght. The V I allow the lots
to be regular in shape and have a logical layout given the imp ~ :1
with the residential care facility and th :ed with the single family home.
Granting the Variance or its modification will not be materially detrimental to the
public health, safety, or welf ' ' to the property or imp 1
vicinity and zone in which the property is located in that the residential care 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.
The granting of this Variance does not constitute a special privilege '
with the limitation upon other properties in the vicinity and zone as the regular shape
lot design ' ~ed throughout the City.
The granting of this Variance does not allow a Iy that is not otherwise
expressly authorized by the zoning development regulations governing the property.
Section 4:
public imp
The findings in accordance with G
made 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
of public imp is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
1. A water fee shall be paid and on-site and off-site imp made to
provid to the development.
Access to site will be provided in accordance with City standards and to
ensure adeq .;lency access.
Section 5: The City Council hereby approves Tentative Parcel Map 98-06(TE-2), a
request for a second one-year 1' ~ a previously approved Tentative Parcel
Map and approves Variance 01-07 to allow the existing residential care facility buildings to
encroach 32 feetwithin the 50~foot setback buffer required bet~ ' ~ublicuse and
Resolution No. P-01-25
Page 4
an adjacent residential zone as per plans dated April 2, 2001, on property located at 14755
Budwin Lane within the RR-C zone, and 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 Resolutions P-00-44 and P-98-31 are hereby rescinded.
The applicant shall complete the following conditions to the satisfaction of the
Director of Development Services prior to Pamel Map approval:
The site shall be developed in accordance with the approved site plans on
file in the Planning Division and the conditions contained heroin.
A rovised site plan shall be submitted to the Planning Division t' :1
approval by the Director of Development Services showing a parking lot of a
· ' :ten standard parking spaces and one handicapped space. The
parking lot shall b :1 in accordance with the approved plan set.
Approval of this roquest shall not 31lance with all I 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
theroon, all conditions of approval contained heroin shall be completed to the
sar ' =the Director of Development Services.
The existing septic sewage disposal systems on each parcel must be
adequate to comply with the req of the San Diego County
Department of Health. A plat of the approved City Council site design
depicting the new property lines and required site improvements shall 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 sy : -I by said Department of Health, shall also be
provided to the City.
6. Use of the existing septic systems is further conditioned upon the following:
a. Each parcel shall have its own septic system.
b. No building or no expansion to existing buildings shall
_ Resolution No. P- 0].-25
Page 5
10.
c. No change in use on the parcels or th
wall be made.
d. No expansion to the septic systems shall be made.
If the existing septic systems are certified to be inadequate by the
Department of Health; or if either system fails; or if any one of the
above conditions (lA to 1D) is violated, to public sewer
shall be made. C to the publ quires the extension
of to the property. All costs for the construction of the
sewer main extension shall be borne by the property owner.
Appropriat fees shall be paid prior1 to
public sewer.
Each parcel shall be serviced with its own water lateral and water meter.
War to each parcel shall be completed.
The following water fees shall be paid to the City's Engineering Division.
Depending on the size of to be installed, the water fees shall be
as follows:
Base
Meter Size Cost Capacity Lateral SDCWA*
8/4-inch meter $130 $3,710 $1,350 $1,585
l-inch meter $270 $6,678 $1,430 $2,536
For a meter size not listed above, please contact the Engineering
Division. The above fees are th lly in effect and are subject
to change.
* This fee is subject to change without further notice. Applicable only
to water meter for domestic use. 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 to, construction of
driveway approach, sewer lateral installation, 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.
Resolution No. P- 0:].-25
Page 6
11.
Applicant shall provide the City with a photo mylar copy of the recorded
parcel map within 30 days from recordation of parcel map.
12.
The parcel map shall conform to City standards and procedures, City
subdivision ordinance, Subdivision Map Act, and Land Surveyors Act.
13.
A · ~ion bond in I acceptable to the City Engineer shall
be posted. In lieu of 'Iion bond, if all have been set
prior to parcel map approval, a certificated issued by the licensed
p who prepared the map certifying 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:
1. All improvements shall be completed prior to parcel map approval.
Relocate post ind (PIV), swing check and fire department
(FDC) to the northeast corner of the newly provided
driveway.
b. Install a new fire hydrant within 40 feet of the newly located PIV/FDC.
C=
Provide a minimum 20-foot access road to Huntington Manor,
completed with a fire department turnaround.
Section 6: The approvals of a one-year time extension of Tentative Parcel Map 98-
06(TE-2) and the Variance 01-07 expire on J~ 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 prior to
90 days of the expiration of the Tentative Parcel Map (prior to March 5, 2002), a request for
a time extension is submitted to the Development Services Department and a time
extension is granted in accordance with the City Subdivision Ordinance.
Section 7: Pursuant to G : Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
3osed pursuant to this approval shall begin on May 15, 2001.
Resolution No. P.01-25
Page 7
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, at a reg .~ this 15th day of May 2001.
Michael P. Cafagn~
ATTEST:
nne Peoples, City Cll~rk
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-01-25 was duly adopted by the City
council at a meeting of said City Council held on the 15th day of May 2001 and that it was
so adopted by the following vote:
AYES:
EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT:
HIGGINSON
L~on/~nne Peoples,
City of Poway