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Res P-98-31 RESOLUTION NO. P-98-31 '~ ~ ~-'' A RESOLUTION OFT.E COUNCIL ~ OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 98-06 and Variance 98-08 ASSESSOR'S PARCEL NUMBER 321-410-39 WHEREAS, Tentative Parcel Map 98-06 and Variance 98-08, submitted by Joan Butzen LCSW Corporation proposes to divide 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 a variance approval to allow the existing residential care facility building t ~ within the 50 foot setback buffer required between a semi-public use and an adjacent residential zone; and WHEREAS, on June 2, 1998, the City Council held a hearing on the above- referenced item. NOW, THEREFORE, the City Council does hereby follows: The City Council hereby issues a Negative Declaration (indicating no significant adverse ~ impacts anticipated due to the addition of special requirements to the project). The approved project' : with the General Plan in that it proposes to create two parcels from a lot designated for residential use. = The design and imp required of the tentative parcel map are consistent with all applicable general and specific plans; in that the approved parcel sizes and config :lhere 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 parcels, each relatively regular in shape and with d 3ich are in keeping with the Rural Residential C development standards. The design of the subd ' ' damage and avoidable injury to h the site is developed and ' : likely I 3stantial :1 wildlife or other habitat in that ~led by developed properties. Resolution No. P-98-31 Page 2 The tentative parcel map is not likely I public health problems in that 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 systems serving the residential care facility and the single family residential are adequate; and if the septic systems are not adequate the I :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, f through or use of the property within the proposed subdivision. = That there are special applicable 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 special is that the residential care facility and the single family resid 3 structures. The lot split as designed will result in the residential care facility existing within the required 50 foot setback buffer from the created residential lot (proposed Parcel 1 ). While the lot split could be redesigned so that the residential care facility observes the 50 foot setback and complies with zoning standards, the two created lots would however have an irregular shape. That 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 variance is sought. The variance will allow the lots to be regular in shape and have a logical layout given the imp :1 with the residential care facility and th :1 with the single family home. That granting the variance or its modification will not be materially detrimental to the public health, safety, or well ' ' to the property or imf 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 bothersome use which would require a significant buffer from adjacent development. Resolution No. P-98-31 Page 3 That the granting of this variance does not constitute a special privilege I with the I :)on other properties in the vicinity and zone in that regular shape lot design ' .~ed throughout the City. That the granting of th' does not all :tivity which is not otherwise expressly authorized by the zoning development regulations governing the parcel or property. SE The City Council hereby approves Tentative Parcel Map 98-06 and Variance 98-08 subject to the following conditions: Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE DEVELOPMENT 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 pi ;] all conditions of approval shall be submitted to the Planning Services Department. Approval of this request shall not diance with all f the South Poway Specific Plan, Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4. Prior to any use of the project site or b Iy being J thereon, all conditions of approval contained herein shall be completed to the sat': the Director of Planning Services. The applicant shall construct a parking lot (11 parking si; ' ' 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 Services Department prior I The approval of this tentative parcel map shall expire at the end of two years if either a parcel map has not been approved and recorded or a time extension has not been sought by June 2, 2000. The applicant should allow 90 days for processing an application for a time extension. _ Resolution No. P-98-33. Page 4 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. The following conditions shall be complied with prior to parcel map approval: The existing septic sewage disposal systems on each parcel must be adequate to comply with the requirements 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 imp 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 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: A. Each parcel shall have its own septic system. B. No building or no expansion to existing buildings shall be constructed. C. No change in use on the parcels or the st ~all 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 anyone of the above conditions (1Ato 1D) :1, connection to publ 3all be made. C to the publ' quires the extension of ' to the property. All costs for the construction of sewer main extension shall be borne by the property owner. Approp fees shall be paid prior I 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 Services Department. Resolution No. P-98-31 Page 5 Depending on the size of water meters to be installed, the water fees shall be as follows: Meter Size Co~t Lateral SDCWA meter $130.00 $3,710.00 $1,350.00 $1,585.00 meter $270.00 $6,678.00 $1,430.00 $ 2,5 3 6.0 0 F :listed above, pi : Engineering Services. The above fees are th Ily in effect and are subject to change. * This fee is subject to change without further notice. Applicable only to 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 Services Department 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, f driveway approach, sewer lateral installation, line installation, and street construction. 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. Applicant shall provide the City with a photo mylar copy of the recorded pamel map within 30 days f Jation of parcel map. The pamel map shall conform to City standards and procedures, City subdivision ordinance, Subdivision Map Act, and Land Surveyors Act. A Iation bond ' l acceptable to the City Engineer shall be posted. In lieu of bond, if all ls have been set prior to parcel map app : 'ti£ -I by the licensed I; who prepared the map certifying that all have been set shall be provided to the City. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. All improvements shall be completed prior to parcel map approval. Relocate post indicator valve (PIV), swing check and fire department (FDC to the northeast corner of the newly provided driveway. -- Resolution No. P-98-31 Page 6 Install a new fire hydrant within 40 feet of the newly located PIV/FDC. Provide a minimum 20' access read to Huntington Manor, complete with a fire department turnaround. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 2nd day of June, 1998. Don Higginson, Mayor ATTEST: Lori Anne Peoples, Assistant City Clerk STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, Assistant City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-98-31 was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of Jun 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE ~~o~'~iwPae;ples, As!i~tan~City Clerk