Res P-99-61RESOLUTION NO. P- 9g-61
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 99-06
AND MINOR DEVELOPMENT REVIEW 99-78
ASSESSOR'S PARCEL NUMBER 321-271-29
WHEREAS, Conditional Use Permit 99-06 and Minor Development Review 99-78
submitted by James Stevenson, Applicant, requests approval 1' ~ : an 880 square
foot detached accessory apartment on the residential property located at 14525 Millards
Road within the Rural Residential A zone; and
WHEREAS, on August 17, 1999, the City Council held a hearing on the above
referenced item; and
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must I; that complies with Section 66020;
and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: E
Findings:
The City Council finds that this project will not have a significant adverse impact on
th : and issues a Negative Declaration.
The approved project is consistent with the General Plan in that an
accessory apartment is considered to I: 7 use for a single family
residence in the Rural Residential A zone.
That the approved development will not have adverse aesthetic, health,
safety, or architecturally related impacts upon adjoining properties, in that the
architectural design of the accessory apartment is compatible with the
primary dwelling.
That the approved development is in compliance with the Zoning Ordinance,
in that it complies with the setbacks, structure height limits, and all other
property development standards of the RR-A zone.
Resolution No. P- g9-61
Page 2
That the approved development encourages the orderly and h
apl; ~ J property within the City, in that all surrounding
properr ~er th ' 3 designation as the subject lot and are
developed as single family residences.
5. That there are public
::1 ul
31e to service the project.
That there will not be significant harmful effects up 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.
Decision:
The City Council hereby approves Conditional Use Permit 99-06 and Minor
Development Review 99-78 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.
TI; :litionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential uses.
This conditional use permit shall be subject to annual review by the Director
of Development 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
Development Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council to
consider modit :ion of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES.
SITE DE
Site has been developed in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein.
9.
10.
Resolution No. P-99-61
Page 3
Approval of this request shall not
Ord' :1 all other applicable City Ord'
permit t
31lance with all I the Zoning
effect at the time of building
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 ord ~:ect at the time of building
permit t
This approval shall b I and void if building I:
project within two years from the date of project approval.
: finalized for this
Either the main residence or the accessory apartment shall be occupied by the
owner of the property at all times.
The developer shall pay an affordable housing in-lieu fee of $2,500 prior 1
of building permits.
School impact fees shall be paid to the Poway Unified School District. Evidence of
payment shall be provided to the Planning Division prior to issuance of building
permits.
All existing and proposed utility service shall be installed underground.
A minimum 10'x 20' garage space shall be provided for th
'y apartment.
Grading of the subject property shall be in accordance with the Uniform Building
Code, City Grading Ordinance, approved grading plan and geotechnical report, and
accepted grading practices.
^ grading plan for the development of the property shall be submitted to the City's
Development Services Department for review and approval prior I "a
grading permit and start of grading operation if the operation req ' than
50 cubic yards of grading or the cut is more than 2 feet and the fill is more
than 1 foot, if the grading ' ~work l of less than 50 cubic
yards, a grading permit is not required. If no grading is required, a certification
from a State Registered Civil Engineer indicating the amount of earthwork involved
shall be furnished to the City's Development Services Department and a $500
inspection fee shall be paid prior to building permit issuance. If grading is required,
the grading plan shall be drawn I f 1" = 20' or larger on a City of Poway
24"x 36" standard mylar drawing.
Resolution No. p-99-61
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COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
11.
Roof covering shall meet Class A fire retardant testing as specified in the Uniform
Building Standards No. 32-7 for fire retardant roof covering materials per City of
Poway Ordinance No. 64.
12.
Every building hereafter ' :1 shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not less
than 16 feet of unobstructed width, with adequate roadway turning radius capable
of supporting the imposed loads of fire apparatus and having a ' ' : 13'6"
of vertical The road surface type shall be approved by the City Engineer
pursuant to the City of Poway Municipal Code.
13.
Approved number or addresses shall be placed on the building in such a position
as to be plainly visible and legible from the street fronting the property. Said
numbers shall contrast with their background. Address shall be required at private
driveway entrances.
14 Each chimney used in with any fireplace shall be :1 with a
spark arrester.
15. Driveway width shall be at least 16' wide.
16. Show existing fire hydrant on Millards Ranch Lane.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 17th day of August 1999.
ATTEST:
nne Peoples,
Resolution No. P- 99-61
Page 5
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P- 99-61 was duly adopted by the City
Council at a meeting of said City Council held on the 17th day of August, 1999, and that
it was so adopted by the following vote:
N:\P
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
EMERY, GOLDBY, REXFORD, CAFAGNA
Lo~n ~n~n: Pe~c pies, Cit~y Cle~e k'~
City of Poway