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Res P-88-113NO. P- 88-113 A F TH CIT COU I~ 0 T CITY 0 W Y, C LIFO I APPROVING EV OPMENT E E 87- 2 TI XTENSION AN V IANCE 8 -. IME XTEN 0 PA CE NUMBERS 3 - 51-4 ,43, , 7,50, AND 51 WHEREAS, Review 87-02TE and Variance 87-01TE submitted by son Company, applicant, requests approval of a six month time or DR 87-02 and a one year time for VAR 87-01 to allow the reno- vation of an ex sting shopping center and the construction of two new ' 1 buildings total ng 8,400 square feet in the CG ( General) which is located at the southwest corner of Poway Road and Pomerado Road; and WHEREAS, on November 1, 1988 the City Council held a hearing on the above item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Fi : A Negative Declaration was issued in conjunction with approval of this pro- ject on November 10, 1987. Granting the time does not change the 1 impacts ~ with the development of the site. The existing Negative Declaration satisfies the rec of CEQA. Section 2: Findinc : Variance 87-01TE Reduction of required landscape strip from 20 feet to 12 feet on Pomerado Road. ao That there are special circumstances ap licable to the property (size, shape, topogra hy, locatio , or ~s), and because of this, the strict a plication o the oning Development Ordinance deprives th roperty o priv leges enjoyed by other properties in the vic n ty under dentical zoning classification; because the project inc udes of existing buildings. The siting of the exist ng building and parking areas on the lot a narrower strip. That granting the variance or its modification is for the p and enjoyment of a substantial property ~ight possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought, in that denial of the variance would result in awkward and inefficient acce s for required parking, reduce the feasibility of the project and eprive the applicant of the to upgrade the exis lng center to a standard comparable to other newer 1 deve opments in the area. No. P-88-113 Page 2 Co eo That granting the variance or its modification will not be materially 1 to the public health, safety, or welfare, or to the property or imp in such vicinity and zone in which the property is located, because the project meets and exceeds landscape for the of the Pomerado Road frontage and the overall effect of adding landscaping to the site will be b to the other properties in the vicinity. The granting of this variance does not a s ecial privi- lege with the upon other pro erties in the vicinity and zone in which such property is situa ed; because the landscaping provided, overall, will meet or excee that which is found on many surrounding d The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the zoning develop- ment regulation governing the parcel of property; because the com- mercial uses proposed for the site are permitted by the CG zone. That granting the variance or its modification will not be incom- patible with the Poway City General Plan; because the overall landscape concept for the project is with the standards and in the General Plan. Lot coverage of 32 percent where 30 percent is the maximum permitted in the CG zone. bo That there are special cir umstances applicable to the property, (size, hape, topography, ocation, or surroundings) or the intende use of the proper , and because of this, the strict of the Zoning-evelopment deprives t e pro- perty o privileges enjoyed by other properties in the vic nity under identical zoning classifica ion in that the subject ot is of an unusual shape which places on the site p arming for the project. The project mus al so reconcile c, rrent ~ity of Poway site design standards with he existing build rigs, site plan and parking areas. The of the new bui dings (with their additional coverage) at the front of the lot s the best means of meeting the 1 design of the Comprehensive Plan. That granting the varia ce or its modification is for the and of a substantial property right possessed by other prop rty in the same vicinity and zone and denied to the property or which the variance is sought; in that No. P- 88-113 -- Page 3 eo the variance will allow the applicant to upgrade the existing center to a level more to other newer deve- lopments in the area. That ranting the variance or its modification will not be mater ally d 1 to the public health, safety, or welfare, or to the property or imp in the vicinity and zone n which the property is locate ; because all requirements perta ning t public improvements an safety standards will be met and the new andscaping and proposed should great y improve the of the site and thus benefit all surround ng properties. he g~anting of this variance does not a special privi- ge t with the limitations upon other properties in e vicinity and zone in which such property is situated; because e special present on this site do not apply to o her p in the vicinity. Most properties in the area were developed under County of San Diego zoning standards and were not required to comply with the strict design standards which the City of Poway currently applies to new ' 1 deve- lopment, such as the subject project. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the zoning develop- ment regulation governing the parcel of property; because the com- mercial uses proposed are by the CG zone That granting the variance or its mod fication will not be incom- patible with the Poway City General P an; because the variance will enable the applicant to comply w th the 1 design in the General P an. )nt Review 87-02 That the proposed development is in conformance with the Poway General Plan because the General Plan designates the site for ' 1 deve- lopment and the project is an expansion and remodel of an existing shopping center. That the proposed development wi 1 not have an adverse aesthetic, health, safe ', or architectural y related impact upon adjoining pro- perties in th t the proposed bui dings are arch ly compatible with g and with the design guidel nes of the General Plan and the required will protect he health and safety of adjoining No. p- 88-113 Page 4 That the proposed development is in compliance with the Zoning in that the of the CG zone will be met through project That the proposed development encourage the orderly and h of and property w thin the City because the pro- posed buildings and remodeling work wil incorporate architectural details, materials, and colors that wil be complementary to Poway's rural and to adjacent d Section 3: City Council ' ' The City Council hereby approves 87-01TE subject to the following Review 87-02TE and Variance Within 30 days of approval: (1) The applicant shall submit in writing that all of approval have been read and and (2) the property owner shall execute a Covenant on Real Property. 2. All conditions of City of Poway Resolution No. P-87-61 shall apply. Variance 87-01TE shall expire of Novemb r 1, 1989 and no further time may be granted by the Counci . Review 87-02TE shall expire on May 1, 1989 and one add tional six month time may be granted by the Council. An appl cation for a time shall be submitted 90 days prior to of DR 87-01TE. APPROVED and ADOPTED by the City Council, City of Poway, State of California, this 1st day of November, 1988. ATTEST: No. P~8-113 Page 5 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-88-113, was ~1~ adopted by the City Council at a n~eting of said City Counc on the day of November , 1988, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY NONE NONE NONE R/R-ii-1.41-45 City of~way