Res P-86-14RESOLUTION NO. P-86-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING CONDITIONAL USE PERMIT 85-14
DEVELOPMENT REVIEW 85-20 AND VARIANCE 85-08
ASSESSOR'S PARCEL NUMBER 317-540-10, 13, 14
WHEREAS, Development Review 85-20, Conditional Use Permit
85-14, and Variance 85-08 submitted by Andrew Lai, applicant,
requests to construct a 55 unit motel and managers living quarters
property located at 12430 Poway Road, in the Commercial General
(CG) zone; and
WHEREAS, on February 25, 1986, the City Council held a hearing
on the above-referenced item.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Findinqs:
CONDITIONAL USE PERMIT
That the location, size, design, and operating charac-
teristics of the proposed use will not be compatible with
and will adversely affect or be materially detrimental
to adjacent uses, residents, buildings, structures, or
natural resources, in that the structure is not similar in
size or design to the surrounding adjacent structures or
uses.
That the harmony in scale, bulk, coverage, and density is
not consistent with adjacent uses, in that because of the
motel's density, the structure does not comply with the
minimum sideyard setback requirements for the zone.
That there are available public facilities, services, and
utilities;
That there may be a harmful effect upon desirable
neighborhood characteristics, in that the motel could
attract transients to the area and create undesirable
noise.
That the generation of traffic will not adversely impact
the surrounding streets and/or the City's Circulation
Element;
That the site is not suitable for the type and intensity of
use or development which is proposed, in that because of
the motel density, the structure does not comply with the
minimum sideyard setback requirements for the zone.
That there will not be significant harmful effects upon
environmental quality and natural resources;
That there are no other relevant negative impacts of the
proposed use that cannot be mitigated; and
Resolution No. P-86-14
Page 2
That the impacts, as described above, and the location of
the proposed use will not adversely affect the City of
Poway General Plan for future as well as present
development.
DEVELOPMENT REVIEW
That the proposed development is not in conformance with the
Poway General Plan, in that the project does not meet the
minimum sideyard setback requirements.
That the proposed development will have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties, in that the size, and
height of the motel is not similar with the surrounding
structures and the use will result in an undesirable noise
level.
That the proposed development is not in compliance with the
Zoning Ordinance, in that the project does not meet the
minimum sideyard setback requirements.
That the proposed development does not encourage the orderly
and harmonious appearance of structures and property within
the City, in that the size and height of the motel is not
similar to the surrounding structures and uses.
VARIANCE
That there are special circumstances applicable to the
property (size, shape, topography, location, or
surroundings), or the intended use of the property, and
because of this, the strict application of the Zoning
Ordinance deprives the property of privleges enjoyed by
other properties in the vicinity under identical zoning
classifications in that the odd shape of the lot limits
the buildable area of the lot and creates a difficult site
plan design problem;
That granting the variance or its modification is not
necessary for the preservation and enjoyment of a
substantial property right possessed by other property in
the same vicinity and zone and denied to the property for
which the variance is sought in that adjacent properties in
the same zone and vicinity have constructed structures with
setbacks that meet or exceed City requirements.
That 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.
Resolution No. P-86-14
Page 3
The granting of this variance does constitute a special
privilege inconsistent with the limitations upon other
properties in the vicinity and zone in which such
property is situated in that the adjacent properties
meet or exceed the required setbacks.
The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
the zoning regulation governing the parcel of property;
and
That granting the variance or its modification will be
incompatible with the Poway City General Plan.
Section 2: City Council Decision:
The City Council hereby denies Conditional Use Permit 85-14,
Development Review 85-20, and Variance 85-08. A copy of
which is on file in the Planning Services office.
APPROVED and ADOPTED by the City~.Council of the City of Poway,
State of California, this i8th day ~f%March, 1986.
Carl R. Kruse, Mayor
ATTEST:
Marjorile ~K. Wahlsten, City Clerk