Res P-00-87RESOLUTION NO. P-00-87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 00-15 AND DEVELOPMENT REVIEW 00-15
ASSESSOR'S PARCEL NUMBER 323-270-16
WHEREAS, Variance 00-15 and Development Review 00-15, submitted by L. A.
Wiederdch, Applicant, requests approval to construct a 1,386 square foot addil'
existing chirop building located at 14103 Poway Road within the A
General C zone. The applicant also requests a Variance approval to allow 17
parking spaces to be provided for the development when 20 si: :luired according
to the Poway Municipal Code; and
WHEREAS, on October 31, 2000, the City Council held a duly advertised public
hearing to solicit comments 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 1 and
Class 5, from the California E Quality Act pursuant to Sections 15301(e)(2)
and 15305(a), in that it' 'ldition to existing facilities and the parking Variance is
considered to b Iteration to land use I
Section 2: The findings, in accordance with Section 17.50.070 and Section 17.50.090 of
the Poway Municipal Code for Variance 00-15 to allow 17 parking spaces to be provided
for the expansion of an existing medical use when 20 si; quired, are made as
follows:
There are special 3plicable to the property because the corner lot
is required to comply with a greater setback requirement than would be required if
the property lot. The required front and street yard setbacks for the
subject comer lot are 20 feet along Poway Road (a public street) and Welton Lane
(a I; ' l). If the property lot the front yard setback would
be 20 feet, but the side yard setback would only be 10 feet. The greater setback
requirement of the comer lot, therefore, reduces the amount of area on the property
where parking spaces could be located.
Granting the Variance or its modification is necessary for the preservation and
enjoyment of a substantial property dght possessed by other property owners in the
same vicinity and zoning for which the variance is sought, in that it will allow the
medical use to expand on a property zoned f use.
Resolution No. P- 00-87
Page 2
Granting the Variance or its modification will not be materially detrimental to the
public health, safety, or welfare, or injurious to the property or improvements in such
vicinity and zone in which the property is located in that the operation of the medical
use will be such that the parking generated by the use will be adequately
:lated on-site.
Granting of this Variance does not 3ecial pfivile~ : with the
I pon other properties in the vicinity and zone in that the VI allow
the expansion of the building which' :with expansion requests of other
properties in th Ly and zone that are not burdened by two street yard
setbacks.
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 a medical use is permitted in the zone.
The project, as approved, is consistent with the General Plan in that the site is
designated 1' use, and a medical use is permitted use in
the zone, and adeq parking for this use will be provided.
That the granting of the Variance will not detract from the atl or
ord ~ the City's apl~ the surrounding neighborhood in that the
operation of the medical use will be such that the parking generated by the use will
be adequately :lated on-site.
That the granting of the V I not create a hazard to public safety in that the
parking generated by the medical use will b :lated on-site.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code
for DR 00-15 to construct a 1,386 square foot addition onto a medical building having a
chirop located at 14103 Poway Road, are made as follows:
The approved project' : with the General Plan in that a medical office is
permitted within the Automotive General C zone and all pi :1
with the project l except for the required off-street parking.
That the approved project will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties in that the design of the
addition is compatible with the architectural style of the existing building.
Resolution No. P- 00-87
Page 3
The City Council hereby approves Variance 00-15 and Development Review 00-
15, a proposal 1 : a 1,386 square foot addir ~ical building having a
chiropractic use located at 14103 Poway Road, and allows for 17 off-street parking spaces
to be provided rather than the required 20 spaces 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 Vadance 00-15 request shall apply only to the subject project and shall
not waive compliance with all sections of the Zoning Ordinances and all other
applicable City ordinances that were in effect at the time building permits were
issued.
Co
The appointments scheduled for the chirop shall be arranged to insure
that adequate parking is provided on-site at all times.
All parking spaces shall be double striped. Th ' ' d for standard
sized parking stalls shall be 8.5 feet by 18.5 feet. The parking design shall comply
with the A lh Disabilities Act; i.e., 1:25 ratio 1' 31e spaces with
31e space. Any parking stalls that are sub-standard in size shall be
re-striped to comply with ' ' ':lth re(; A ' ' : 17 off-street
parking stalls shall be provided.
The t~ : perpendicular parking spaces located along the easterly edge of
Welton Lane shall be used for employee parking only and larger vehicles such as
sport utility vehicles shall be prohibited. The applicant shall erect a sign that limits
the use of the two spaces for employee parking only and that larger vehicles such
as sport utility vehicles are prohibited. The sign, its content and location shall be
approved by the City Traffic Engineer.
The site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the condir :1 herein.
Prior to issuance of a building permit, the applicant shall submit building plans
l with the approved project plans on file in the Planning Division. The
plans submitted shall include the following:
The plans shall show all new and existing utilities placed underground. In
addition, the I :1 method of screening all utility boxes shall be
shown.
Resolution No. P- 00-87
Page 4
School impact fees shall be paid at the rate established at the time of
building permit issuance. PI ' :t the Poway Unified School District
for additional information at (858) 748-0010, Ext. 2089.
Plans for water, sewer, and fire protection systems shall be designed and
:1 to meet the req I the City of Poway.
Trash receptacles shall b -I by a six foot high decorat' ry
wall with view-obstructing gates. L lall be subject to approval by
the Director of Development Services.
All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened f :1 sound buffered from adjacent properties
and streets as required, to the satisfaction of the Director of Development
Services.
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 issuance.
The following development fees shall be paid to the Engineering Division
prior to building permit issuance. These 1' lly in effect and are
subject to change.
a. Development Review Inspection Fee $ 500.00
b. Traffic Mitigation Fee $2,058.21'
c. Sewer C Fee $1,649.20*
*These amounts are based on a 1,386 square foot addition to the
existing building. If the building square footage changes and
applicant has notified the City on the building area prior to building
permit issuance, these fees shall be adjusted accordingly.
A revision to the approved landscape plan for DR 95-04 shall be submitted
for approval by the Director of Development Services showing landscaping
and irrigation to be provided in accordance with City codes. The plan shall
include the following:
Landscaping within the street side yard setback along Welton Lane
shall be revised to incorporate the former on-street parking ramp
area.
Resolution No. P-00-87
Page 5
Any existing or proposed utility I: ;] Poway Road or Welton
Lane shall I: :1 and the location of the proposed
sign shall be noted.
The addition shall observe a minimum 10 foot side yard setback from the
eastedy property line.
Compliance with the following conditions is required prior to construction of
imp
An improvement plan shall be submitted to the Engineering Division for
:1 approval. The improvement plan shall provide the following:
a=
The improvement plan shall be for th
gutter and sidewalk along the eastedy side of Welton Lane. The limits
of the improvements shall be from the existing improvements on
Poway Road to the northerly edge of the project's northerly existing
onstreet perpendicula parking space. The imp shall be
designed to allow the retention of the two perpendicular parking
spaces located along the easterly edge of Welton Lane.
b=
The improvement plan shall be prepared on a 24-inch by 36-inch
mylar and shall be prepared by a Califomia Registered Civil Engineer.
C=
An initial plan checking and inspection fee of $1,000 shall be paid at
the time of submittal of improvement plan. Payment of additional plan
checking and inspection fees, may be required. Additional fees shall
be calculated from a cost estimate prepared by the applicant's civil
engineer for the required imp
d=
Securities shall be posted for the peri' I the improvements
construction. The amount shall be calculated from a cost estimate
prepared by the applicant's civil engineer for the required
imp
A right-of-way permit shall be obtained for any work to be done in the
Poway Road right-of-way and any City held easement.
fo
All imp shall be in
standards and specifications.
with City of Poway
g. Sh 3 and proposed utility boxes.
Resolution No. P - 00-87
Page 6
If the applicant : parallel parking, Welton Lane shall be
widened and improved to a minimum paved width of 28 feet. Either
or both sides of the street may be improved. If the west side of
Welton Lane is improved, an asphalt concrete curb will be needed.
Widening of the east side shall include imp required in
condition "a." above.
Compliance with the following conditions is required prior to occupancy:
Prior to any use of the project area or b :y being -I
thereof, all conditions of approval contained herein shall be completed to the
satisfaction of the Director of Development Services.
All landscaped areas shall b :1 in a healthy and thdving condition,
free from weeds, trash, and debris. The trees shall be encouraged and
allowed 1 form. Pruning should I: :11 the
health of the trees and to protect the public safety. Unnatural
pruning, including topping, is not permitted.
All existing fire lane req
the Director of Safety Services.
3all be
J to the satisfaction of
The Welton Lane imp
City Engineer.
~all be completed to th
; the
Execution of a private road agreement for that portion of
Welton Lane fronting the applicant's property, or the applicant shall
particil: ' ..:1 private road .;Ireement. If there is an
existing pdvate road ;]reement for said portion of Welton Lane
of which the property participant, proof of the recorded agreement
shall be provided to the Engineering Division.
Section 6: Variance 00-15 and Development Review 00-15 expire on October 31, 2002,
at 5:00 p.m., unless, a building permit has been issued and construcl' this
approval h :1 prior to this date.
Pursuant to G l Code Section 66020, the 90-day approval period in
which the applicant may file a protest of the imposition of any fees, dedications,
reservations or exactions imposed pursuant to this approval shall begin on October 31,
2000.
__ Resolution No. P- 00-87
Page 7
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a regular meeting this 31st day of October 2000.
ATTEST:
{~t~n ne~Peopl¢ s?'Ci~rk
Mich~
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Lod Anne Peoples, City Clerk of the City of Poway, do hereby certifl/under penalty
of perjury that the foregoing Resolution No. P- 00-87 was duly adopted by the City
Council at the meeting of said City Council held on the 31 st day of October 2000, and that
it was so adopted by the following vote:
AYES:
NOES: EMERY
ABSTAIN: NONE
ABSENT: NONE
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
(~:~;ne p~e o pies, ~t~"y (~le ~k"
City of Poway