Res P-95-02NO. P- 95-02
A OF T E CITY COUNCIL
OF THE CITY OF PO AY, CALIFORNIA
APPROVING CONDITIONA USE PERMIT 94-17
AND VARIAN ~ 94-10
PARCEL MBER ,
WHEREAS, Conditional Use Permit 94-17 and Variance 94-10, submitted by Ric
and Barbara Dudeck, applicants, request the approval to legalize an
apartment on the property located at 12859 Luiseno Drive, in the RR-C zone; and
WHEREAS, on January 3, 1995, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Secti :
The City Council finds that this project is Categorically Exempt (Classes
3 and 5) from the California E tal Quality Act, as it is a small
residential structure, and a minor alteration to land use limitations.
Conditional Use Permit 94-17
The approved project is with the general plan in that a
second living unit is considered to be an use for a single
family residence.
That the approved project will not have adverse aesthetic, health,
safety or architecturally related impacts upon adjoining properties,
in that the unit was built as a room addition to the home. It is not
visible to the street, and is architecturally integrated with the
main house.
That the approved project is in compliance with the Zoning
Ordinance, except for the placement of the new carport, for which a
variance from minimum side yard setback is sought. All other
property development standards are met.
That the approved project encourages the orderly and h
appearance of structures and property within the City, as dis ussed
in Finding #2. The applicants further agree to install a lan scape
buffer along the east property line to provide screening of t e new
parking area/carport, from the views of the adjoining neigh or to
the east.
That the . of a small amount of additional traffic will not
adversely impact the capacity and physical of surrounding
streets.
6. That there are public facilities and utilities available to service
the project.
Resolution No. P-95-02
Page 2
o
That there will not be harmful effects upon
tal quality and natura~ in that the property is
a suburban lot which has been fully developed as a single-family
home site for more than 25 years.
Variance 94-10
1. The approved project is t with the general plan as
discussed in #1 of CUP findings.
That there are special applicable to the property, and
because of this, the s ric application of the Zoning Ordinance
deprives the property o pr vileges enjoyed by other properties in
the vicinity under iden ica zoning classification.
The house was ~ more than twenty years ago
stringent zoning setback requirements. At the time of
minimum side yard setbacks were ten (10) feet.
under less
That granting the variance or its modification is necessary for the
p and enjoyment of a substantial property right p sessed
by other property in the same vicinity and zoning for w.. ch the
variance is sought. The variance will permit the placemen of an
additional covered space, in a logical location within the ot.
That granting the variance or its modification will not be
materially d 1 to the public health, safety or welfare, or
to the property or imp in such vicinity and zone
in which the property is located, in that landscape screening will
be provided along the east property line so as to provide a visual
buffer to the residence to the east.
That the granting of this variance does not constitute a special
privilege with the limitation upon other properties in
the vicinity and zone in that the property is located in an area
where many of the existing homes do not observe the minimum side
yard setback due to the age of the structures, and change in
development standards which has occurred since their
o
That the granting of this varia ce does not allow a use or a tivity
which is not otherwise express y authorized by zoning deve opment
regulations governing the parce or property in that the pro ect is
the legalization of an exist ng second living unit, wh ch is
permitted in all single-family zones with benefit of a conditional
use permit.
Seci
Council Decision:
The City Council hereby approves Conditional Use Permit 94-17 and Variance
94-10, 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.
Resolution No. P-95-02
Page 3
The use ly granted by this permit shall not be
such a manner as to interfere with the reasonable use and
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 Department 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 DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
Site shall be developed in accordance with the approved plans on file in
the Planning Services D and the conditions contained herein.
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services prior to
issuance of building permits.
o
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 applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit '
o
For each new residential dwelling, 1 or industrial unit(s), the
applicant shall pay Permit, Plan Check and Inspection Fees and School Fees
at the established rate (in accordance with City-adopted policy and/or
ordinance).
o
A paved, covered parking space shall be ~ and a landscaped
buffer shall be installed along the east property line, within 90 days
from the date of this approval.
An Affordable Housing In-Lieu Fee of $2,500 shall be paid prior to
building permit '
The outdoor storage area shall be permanently divided floor to ceiling,
from the living space of the second unit. This work shall be completed
within 60 days from this approval.
o
Existing building(s) shall be made to comply with current building and
zoning regulations for the intended use or the building shall be
demolished.
10.
Existing sewage disposal facilities shall be removed, filled and/or capped
to comply with appropriate grading practices and the Uniform Plumbing
Code.
Resolution No. P-g5-02
Page 4
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COHPLIANCE SHALL BE
APPROVED BY THE DEPARTNENT OF ENGINEERING SERVICES.
An inspection fee of $500 shall be paid to the Engineering Services
Department prior to building permit ' The purposse of the fee
is to provide for an inspection of the site to certify proper drainage.
The following development impact fees shall be paid to the Engineering
Services Department prior to building permit '
Drainage Fee
Traffic Mitigation Fee
Park Fee
$ 950.00
660.00
2,550.00
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of January, 1995.
Don Higgir , ~l)r ~/~_~
ATTEST;
~ahl s
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss,
)
I, Marjorie K. Wahlsten, Ci y Clerk
cer ify, under the penalty of per ury, tha
95- 2, was duly adopted by the Ci y Counci
hel on the 3rd day of January, I 95, and
fol owing vote:
f he City of Poway, do hereby
t e foregoing Resolution, No. P-
a a meeting of said City Council
ha it was so adopted by the
AYES:
CAFAGNA, CALLERY, HIGGINSON
NOES: EMERY, REXFORD
ABSTAIN: NONE
ABSENT: NONE
City of Poway