Res 20-094RESOLUTION NO. 20-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING VARIANCE 20-003 TO
ALLOW FOR ADDITIONAL SIGNAGE; ASSESSOR'S PARCEL
NUMBER 323-091-09
WHEREAS, Variance (VAR) 20-003, submitted by Stephen Atterberry, applicant, and
RREEF CPIF Kirkham Way JV, LLC, property owner, requests approval to allow four additional
wall signs and three additional freestanding signs at a warehouse and distribution development
at Vantage Point, formerly known as Parkway Summit, containing two buildings located at 14400
and 14500 Kirkham Way within the South Poway Specific Plan (SPSP) area with a Light Industrial
(LI) land use designation;
WHEREAS, on December 15, 2020, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application;
WHEREAS, the City Council has read and considered the agenda report for the proposed
Variance request and has considered other evidence presented at the public hearing;
WHEREAS, the site plan and sign details for this Variance request included in the agenda
report are incorporated herein as Exhibit A; and
WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting
a Variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as Classes 1 and 3 Categorical Exemptions, Sections 15301 (Existing
Facilities) and 15303 (New Construction of Small Structures) of the CEQA Guidelines, in that the
project involves an wall signage on an existing building and freestanding signs.
SECTION 2: The findings, in accordance with Section 17.50.050 of the PMC, to approve
VAR 20-003, are made as follows:
A. That there are special circumstances 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 with the identical zoning classification. The 38.8-acre site
contains two buildings that are 533,950 square feet combined. These are exceptionally
large buildings for a single -tenant occupancy. Buildings at this size are typically divided
into multiple suites with multiple occupants which would allow more signage pursuant to
the SPSP. Additionally, the length of Building A (1,294 square feet) and Building B (926
square feet) and the elevation at which they are built at above the streets that they are
fronting upon do not allow for adequate visibility of the existing wall signs from street level
that is inconsistent with other properties within the SPSP area that have visible wall signs
from street level.
B. Granting the Variance is necessary for the preservation and enjoyment of a substantial
property right enjoyed by other property owners in the same vicinity and zone, and denied
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Page 2
to the property for which the Variance is sought, in that the two buildings are exceptionally
large for a single -tenant occupancy at 533,950 square feet combined. Buildings at this
size are typically divided into multiple suites with more than one occupant which would
allow more signage pursuant to the SPSP. The length of the buildings and the elevation
at which they are built 40 to 50 feet above the elevation of adjacent streets that they are
fronting upon do not allow for adequate visibility of the existing signs. Furthermore,
another property in the vicinity received approval in 1999 to have an additional wall sign
because of the size and location of the building which is significantly smaller than the
Vantage Point development and is at a more visible elevation from the surrounding streets.
Furthermore, the site is a through lot and a corner lot with three street frontages and three
driveways providing more frontages and entrances than is typical for development sites
within the SPSP.
Granting the Variance would not be materially detrimental to the public health, safety or
welfare of the community in that the proposed signs would conform to the size
requirements set forth in the SPSP and the wall signs would not be illuminated and seen
from neighboring residential communities at night.
D. Granting the Variance does not constitute a special privilege that is inconsistent with the
limitation upon other properties in the vicinity and zone in that the signage is in scale with
each of the two warehouse and distribution buildings and is proportionally smaller in scale
than other developments in the vicinity and land use designation.
Granting the Variance would not allow a use or activity not otherwise expressly authorized
by the zoning development regulations governing the property in that no proposed
changes in uses are proposed with this Variance request, only a request for additional
signage at a proportion similar to or smaller than other developments in the vicinity and
land use designation.
F Granting the Variance will be compatible with the City of Poway General Plan because
allowing the additional signage will meet the size requirements set forth in the SPSP and
signage will be compatible, or smaller in proportion, with other developments with the
same General Plan designation.
SECTION 3: The additional findings for signage Variances, in accordance with Section
17.50.080 of the PMC, to approve VAR 20-003, are made as follows:
A. That the granting of the variance will not detract from the attractiveness or orderliness of
the City's appearance or the surrounding neighborhood in that the signs are made with
quality materials, non -illuminated, and are less than proportionate in size of the two
warehouse and distribution buildings.
B. That the granting of the variance will not create a hazard to public safety in that the
proposed wall signs are non -illuminated and are located approximately 80 feet above the
elevation of the surrounding streets and the freestanding wall signs are located outside of
the sight -distance triangle maintaining visibility for motorists, bicyclists, and pedestrians.
SECTION 4: The City Council hereby approves VAR 20-003 as shown on the site plan
and sign details incorporated herein by reference and stamped as "Exhibit A" and dated
December 15, 2020 on file in the Development Services Department, except as noted herein,
subject to the following conditions:
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Page 3
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and
employees from any and all claims, actions, proceedings, damages, judgments, or costs,
including attorney's fees, against the City or its agents, officers, or employees, relating to
the issuance of this permit, including, but not limited to, any action to attack, set aside,
void, challenge, or annul this development approval and any environmental document or
decision. The City may elect to conduct its own defense, participate in its own defense,
or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including
without limitation reasonable attorney's fees and costs. In the event of a disagreement
between the City and applicant regarding litigation issues, the City shall have the authority
to control the litigation and make litigation related decisions, including, but not limited to,
settlement or other disposition of the matter. However, the applicant shall not be required
to pay or perform any settlement unless such settlement is approved by applicant.
B Approval of this Variance shall apply only to the subject project and shall not waive
compliance with all other sections of the Zoning Ordinance and all other applicable City
ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
D. The conditions of VAR 20-003 shall remain in effect for the life of the subject structures
and shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
E. VAR 20-003 approves the allowance of four additional wall signs and three additional
freestanding signs in substantial conformance with the approved plans on file in the
Development Services Department provided that no wall signs on -site (existing or
proposed) shall be illuminated either through internal or external light sources.
F A planning sign permit and building permit are required to be approved prior to installation
of signs. The signs shall be developed in substantial conformance with the approved
plans on file in the Development Services Department and the conditions contained herein
to the satisfaction of the Development Services Director. A final inspection from the
appropriate City departments will be required.
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SECTION 5: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 15th day of December, 2020 by the following vote, to wit:
AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Vajda Pav�las, �1VIC, City Clerk