Res P-94-36RESOLUTION NO. P-94-36
A OF T CITY COU IL
OF T E C TY OF PO' Y, CALIFO IA
APPROVING NO CONDITI AL USE PE IT 94-03
ASSES '~' PARCEL N .BER 321-4 0-39
WHEREAS, Minor Conditional Use Permit 94-03 submitted by Steve Lash,
applicant, John and Barbara Browne, owners, requests approval to add a 630
square foot addition onto an existing home located at 14755 Budwin
Lane in the Rural Residential C zone; and
WHEREAS, on July 12, 1994 , the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con,
relative to this application;
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1:
The City Council finds that the project is Categorically Exempt, Class 1 from
the California E 1 Quality Act in that it involves the minor
addition to existing facilities.
The proposed project is
with the general plan.
The proposed location, size, design, and. ch of
the proposed use are in accord with the title and purpose of this
resolution, the purpose of the land use d in which the site is
located and the Poway General Plan.
That the location, size, design, and operating ch of the
proposed use will be compatible with and will not adversely affect or be
materially d 1 to adjacent uses, residents, buildings,
structures, or natural , in that the use has existed on the
site for several years without significant impact on adjacent properties
and the project involves an expansion of the dining facilities only and
the number of will not '
That the harmony in scale, bulk, coverage, and density is
with adjacent uses, because the use is located on a large 2.5 acre
parcel and there is more than adequate area to observe the zone
setbacks.
That there are available public facilities, and utilities,
because the use is existing and is presently serviced by public
facilities and
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Resolution No. p-94-36
Page 2
That there will n t be a harmful affect upon desirable neighborhood
characteristics, n that the use has existed on the site for several
years without hav ng a significant impact on adjacent uses and the
project involves he of a dining area and the number of
residents will no
That the of traffic will not adversely impact the surrounding
streets a~d/or the City's Element, in that the number of
tenants residing at the facility will not '
That the site is suitable for the type and of designated use
which is proposed, in that the use has existed on the site for many
years without having a significant impact on surrounding land uses.
9. That there will not be significant harmful affects upon 1
quality and natural in that the site has been wholly
disturbed.
10.
That there are no other relevant impacts of the proposed use that cannot
be mitigated.
Section 3: Cit Council
The City Council hereby approves Minor Conditional Use Permit 94-03 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 interfere with the reasonable use and enjoyment of
surrounding residential and 1 uses.
This conditional use permit shall be subject to annual review b' the
Director of Planni g Services for compliance with the ondition of
approval and to ad ress concerns that may have occurre during he past
year. If the perm t is not in compliance with the con itions o
approval, or the Panning Services Department has rece ved comp aints,
the required annua review shall be set for a public hearing be ore the
City Council to consider modification or of the use permit.
Resolution No. P-94-36
Page 3
COMPLIANCE WITH THE IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SHALL DE
SITE
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 elevations incorporating all conditions
of approval shall be submitted to the Planning Services Department 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 '
Prior to any use of the project site or business activity being
commenced thereof, all conditions of approval contained herein shall be
completed to the satisfaction of the Director of Planning
The appl cant hall comply '.ith the latest adopted Uniform Building
Code, Un form echanical Co e, Uniform Plumbing Code, National Electric
Code, Un form ire Code, an all other applicable codes and ordinances
in effec at t e time of bu lding permit '
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Building iden ification and/or addresses shall be placed on all new and
existing buil ings so as to be plainly visible from the street or access
road; color o identification and/or addresses shall contrast with their
background co or.
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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.
n on-site parking area shall be developed which provides a minimum of
en parking spaces. At least one of the required spaces shall provide
or disabled parking. Each space shall have a minimum dimension of 8.5
eet by 18.5 feet and shall be clearly and delineated.
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The exterior of the main facility and cottage shall be improved to match
and complement the exterior of the proposed addition prior to
certification of occupancy.
LANDSCAPE IMPROVEMENTS
1. The landscaping on the property shall be weeded and ~ prior to
final occupancy.
Resolution No. P- 94-36
Page 4
In the future all la dscaped areas shall be J in a healthy nd
thriving condition, ree from weeds, trash, and debris. The trees s all
be encouraged and al owed to retain a natural form. Pruning should e
to mainta n the health of the trees and to protect the pu lic
safety. Unnatural or pruning, including topping, is not
permitted.
SIGNS
Any signs proposed for this development shall be designed and approved
in conformance with the Sign
The existing free tanding sign shall be removed immedi tely. It can be
replaced with a s gn that does not exceed 5 feet in he ght and the sign
area shall be lim ted to 4 square feet or less. The s gn shall be
approved by the Panning Services Department prior to nstallation.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE D OF ENGINEERING SERVICES.
The applicant shall pay a $500 inspection fee to the City's E gineering
Services Department prior to building permit ' Such ee is to
be used to pay for City Inspector's time in making necessary nspections
of the project site that are required prior to issuance of sa d building
permit and/or Certificate of Occupancy.
A right-of-way permit shall be obtained from the City's
Services Department for any work to be done within the pubiic street
right-of-way or any City-held Said work shall include, but is
not to be limited to, (including concrete curb, gutter,
and sidewalk). Permit shall be obtained prior to start of work.
The applicant shall obtain approval from the County of San Diego
Department of Health, to utilize the existing residential sewage
disposal system.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE OF SAFETY SERVICES.
The fire sprinkler system shall be extended into the new dining room and
covered walkway area.
2. The fire alarm system shall be extended into the new dining room.
An all weather surfaced 20 foot wide fire apparatus road with a
d shall be provided to the building.
4. A monitored tamper switch shall be installed onto the post indicator
valve at the driveway
Resolution No. P- 94-36
Page 5
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Approved numbers or addresses shall be placed on the buildin§ in such a
position a to be plainly visible and legible from the street fronting
the proper y. Said numbers shall contrast with their background.
Minimum he ght of address numbers shall be four inches. Address may be
required a private driveway
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of July 1994.
ATTEST:
Wahl
STATE OF CALIFORNIA
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-94-36 , was duly adopted by the City Council at a meeting of said City Council
le 12th day of July , 1994, and that it was so adopted
by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON