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.
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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.
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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