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Res P-94-32NO. P- 94-32 A OF TH CIT' COUNCIL OF E CITY OF POW Y, C FORNIA APPROVI CONDITIONAL SE P KMIT 94-02 ASSES R'S PARCEL NU BER 21-012-50 WHEREAS, Conditional Use Permit 94-02 submitted by M.L. Gibbs, Owner and John B. Gibbs, Applicant, requests approval for an existing on the property located at 15360 Espola Road in the Rural Residential C zone; and WHEREAS, on July 12, 1994, the City Council held a hearing on the above referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: E : The City Council finds that this project is C from the California E 1 Quality Act. lly Exempt (Class 3) Sect The proposed project is with the general plan in that an is considered to be an use for a single family residence in the Rural Residential C zone. That the proposed development will not have adverse aesthetic, health, safety, or architecturally related impacts upon adjoining properties, in that the architectural design of the apartment is compatible with the primary dwelling. That the proposed development is in compliance with the Zoning Ordinance, in that it complies with the setbacks, height limits, and all other property development standards of the RR-C zone. That the proposed development encourages the orderly and h of and property within the City, in that all surrounding are under the same zoning as the subject lot and are developed as single family residences. That the g of a small amount of additional traffic will not adversely impact the capacity and physical of streets. That there are public facilities and utilities available to service the project. That there will not be significant harmful effects upon 1 quality and natural in that the accessory apartment is considered an accessory use to a single-family residence and conditions of approval for the project will mitigate potential negative impacts. Section 3: Resolution No. P-94-32 Page 2 The City Council hereby approves Conditional Use Permit 94-02 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. The use conditionally granted by this permit shall not be conducted in such a manner as to with the reasonable use and enjoyment of surrounding residential uses. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTHENT OF PLANNING SERVICES. SITE DEVELOPMENT COMPLIANCE SHALL BE Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. Revised site plans and building all of approval shall be submitted to the Planning Services ~epartment prior to issuance of building permits. 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 The appl cant shall comply with the latest adopted Uniform Building Code, Uniform .echanical Code, Uniform Plumbing Code, National Electric Code, Uniform ire Code, and all other applicable codes and ordinances in effect at the t me of building permit ' As-built building plans shall be submitted for plan check within two weeks of City Council approval, the late fees paid and reinspection of the building to certify occupancy upon approval of the building plans. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. 6. Either the main residence or the accessory apartment shall be occupied by the owner of the property at all times. o Resolution No. P-94-32 Page 3 One on-site covered parking space shall be provided for the apartment. School fees shall be paid for the habitable square footage within the storage building. No access to the apartment will be allowed from Northcrest Lane. he of the and their visitors shall use the spola Road access driveway ly. The gate leading to Northcrest ane shall be kept closed and locked at all times except when being used y occupants of the main dwelling. 10. Screens, which shall be installed on the second story windows of the apartment, will reduce the reflection of car lights from traffic on Espola Road and obscure views into the unit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTHENT OF ENGINEERING SERVICES. COMPLIANCE SHALL BE The applicant shall dedicate to the City of Poway an easement for street rig t-of-way purposes for the proposed widening of Espola Road over the eas erly portion of the property, the width of which shall vary from 5 fee on the southerly end to ]7 feet on the northerly end. This ded cation shall be recorded in the office of the San Diego County Recorder within two months from City Council approval of this CUP application. In conjunction with the dedication, the applicant shall cause to be repared by a licensed land surveyor or a ~ civil engineer a egal of the easement d a'plat of the and he easement all of which shall be submitted to the City's n§ineering Services Department with a recent Preliminary Title Report or ot Book Report for review and approval. Should the title report or the lot book report indicate the of a trust deed(s) against the property, the applicant shall cause to be executed a subordination agreement(s) by the beneficiary(ies). This subordination shall also be executed and recorded in the office of the San Dieg~ County Recorder within two months of the CUP approval. Prior to building permit issuance for the apartment, the following fees shall be paid: aD Traffic Mitigation Fee $ 990 Park Fee 2550 Drainage Fee (Zone 36C) 1570 Water and sewer fees shall also be paid prior to building permit issuance if water service and sewer lateral lines required new to the public main lines. Resolution No. P- 94-32 Page 4 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 12th day of July 1994. ATTEST: y( STATE OF 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-94-32 , was duly adopted by the City Council at a meeting of said City Council held on the 12th day of July , 1994, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: NONE ABSENT: NONE CAFAGNA, HIGGINSON, SNESKO CALLERY, EMERY City ~way