Res P-00-76RESOLUTION NO. P- 00-76
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 00-14
ASSESSOR'S PARCEL NUMBER 320-031-01 (a portion)
WHEREAS, Variance 00-14, submitted by HGP Holdings, Inc., Applicant, requests
3proval to allow a 6.5-foot high I to observe a 12- to 13-foot (vaded)
setback along the Kirkham Way frontage when a 25-foot setback is required on property
within areas designated for Light Industrial land use within the South Poway Planned
Community zone. The property is located at 11906 Tech Center Court; and
WHEREAS, on September 26, 2000, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that this project is Categorically Exempt, Class 3 and
Class 5, from the California E Quality Act pursuant to Sections 15303 and
15305, in that it is the construction of 'y ri the setback variance is
considered to be a minor alteration to land use I
Section 2: The findings in accordance with Section 17.50.070 of the Poway Municipal
Code for Variance 00-14 to allow a 6.5-foot-high I to observe a 12- to 13-foot
(varied) setback along the Kirkham Way frontage when a 25-foot setback is required on
property within areas designated for Light Industrial land use within the South Poway
Planned Community zone are made as follows:
There are special applicable to the property because the site is
encumbered with a 20-foot-wide storm d i along the northerly property
line which limits where the required screen wall can be sited, thereby making the
setback req burdensome.
Granting the variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property owners in the
same vicinity and zoning for which the variance is sought, in that it will allow the
developer to screen the loading area more attractively and effectively.
C. Granting the variance or its modification will not be materially detrimental to the
public health, safety, or welf ' ' to the property or improvements in such
Resolution No. P - 00-76
Page 2
vicinity and 3ich the property is located in that th
permit the front loading area to be appropriately screened f
the South Poway Specific Plan Development standards.
~proval will
~uired by
Granting of th' does not constitute a special privileg : with the
limitation upon other properties in the vicinity and zone in that th~proval
will permit the necessary screening of development that is consistent and in
character with the setbacks observed by other light industrial designated properties
within the South Poway Business Park, In addition, :luests were
approved for developments within the South Poway Business Park with Variance
95-12, Variance 96-01 and Variance 96-06.
Granting of this variance does not allow a use or activity which is not otherwise
expressly authorized by zoning development regulations governing the parcel or
property in that the South Poway Specific Plan Development Standards require that
front loading areas be appropriately screened.
The project, as approved, ' : with the General Plan and the South Poway
Specific Plan in that it involves th : a I on a site which is
designated for light industrial use and the variance will not be permitting
development that is I or out of character with other industrial
development within the South Poway Business Park.
:ion 3: The City Council hereby approves Variance 00-14 to allow a 6.5-foot-high
I to observe a 12- to 13-foot (varied) setback along the Kirkham Way frontage,
as shown on the plot plan date stamped July 27, and on file in the Planning Division,
subject to the following conditions:
Within 30 days of approval, the applicants shall submit in writing that all conditions
of approval have been read and understood.
Approval of th' :luest shall apply only to the subject project and shall not
~liance with all :the Zoning Ord -I all other applicable
City ordinances that were in effect at the time building p issued.
Prior to Certificate of Occupancy of the industrial building located at 11906 Tech
Center Court pursuant to DR 99-22, an earthern berm coupled with a decorative
masonry wall with offset, articulated lall I: -I along the Kirkham
Way frontage to provide a compl =the loading area on the north side of
said building. The ~ I shall be textured and colored to complement the
main building and located no closer than 12 feet to the Kirkham Way right of way.
Resolution No. P - 00-76
Page 3
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a reg ' :l this 26th day of September 2000.
ATTEST:
nne Peoples, City Clerk
Mici~
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- 00-76 was duly adopted by the City
Council at the meeting of said City Council held on the 26th day of September 2000, and
that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
~nn'e F~eo pies, Ci~ty C~I r?
City of Poway