Res P-90-15RESOLUTION NO. P-90-15
A F TH CI Y OU CIL
OF E ITY POW , AL FO NIA
A RO ING RIAN 8 -1 A D
MIN D VELO ENT VI W g- 17
ASSES R' PAR L NU ER 31 -4 2-25
WHEREAS Variance 89-10 and Minor Develo ent Review 89-117, submitted by
Avram Sachar, owner and Dennis Ch ncellor, p licant, requests approval of a
minor development review for cons ruction o second story addition to an
existing two story commercial bui ding loca e at 13D29½ Poway Road in the CG
zone and the following variances rom Zoning ode requirements:
1. The addition will observe a O' front yard setback where a 20 ' landscaped
setback is required.
2. The addition will observe O' side yard setbacks where ten foot setbacks are
required.
WHEREAS on February 20, 1990 the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE the City Council does hereby resolve as follows:
T e City Council finds that Varia ce 89-10 and Minor Development Review
8 -117 are exempt from review in with Class 1 and
C ass B which pertain to minor al erations to existing and to
m nor alterations in land use lim tations.
Se
That there are special circumstances applicable to the property, {size,
sh pe, topography, location or surroundings), in that the lot is
su standard in width and that the owner is working with upgrading an
ex sting building. The strict application of the Zoning Development
Or inance would preclude any opportunity for upgrading this existing
structure.
e
That granting the variance or its modification is not e essary for the
preservation and enjoyment of a property r g t possessed by
other property in the same vicinity and zone and dente o th property
for which the variance is sought, because there ar ex s lng wo story
tructures, such as the Sherwin Williams and B dy allery bui dings
uilt without the 20 foot setback on Poway Roa an other
ave been gr nted for new development in the v cin ty to encroach into
h 0 foot ront yard setback. The Pomerado ubl shing Building at
3 4 Poway oad is an example of a project which received a variance
whc permit ed a zero foot front yard setback for an expansion of an
ex s lng bui ding.
No. P- 90-15
Page 2
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ranting t e variance will not be materially to the public
ealth, sa ety, or welfare or injurious to the property or ts
n the vic nity and zone in which the property is located because other
evelopmen standards such as parking requirements and building and
ire code ts will be met.
am
The granting of this variance does not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity
and zone in which such property is situated, because there are other
which encroach into the front yard setback on Poway Road.
The grantl g of this variance does not all w a use or activity which is
not otherw se expressly authorized by the oning t regulation
governing he parcel of property, because he existing TV repair and
rental bus ness is a permitted use in the -G zone.
The granting of the variance or its modification will not be incompat-
ible with the City of Poway General Plan in that the existing struc-
ture needs to be upgraded to meet basic General Plan design standards.
Minor O~
hat the proposed development is in with the Poway General
lan with the exception of the setback standards allowed by variance in
hat the proposed addition will meet all other applicable standards for
he CG zone.
m
That the proposed development will not have an adverse aesthetic,
heal h, safety, or architecturally related impact upon adjoining pro-
pert es, in that the proposed addition will be compatible with the
exis trig structures in the area and incorporate all improvements
requ red by current Fire and Building Codes.
That the proposed development is in compliance with the Zoning
Ordinance because it complies with all standards with the exception of
setback requirements for which a variance has been granted.
am
That the propos d development will enco' rage the orderly and harmonious
appearance of s ructures and property w thin the City because it will
result in upgra lng an existing commerc al structure to increase its
compatibility w th existing design stan ards.
Sec :
The City Council hereby approves Variance 89-10 and MDRA 89-117 subject to
-- the following conditions:
Resolution No. P- 90-15
Page 3
Within 30 days of approval: {1) The applicant shall
all of approval have been read and
petty owner shall execute a Covenant on Real
submit in writing that
and {2} the prop-
APPLICAJ(T SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
The applicant shall record a deed covenant which limits the use of the 1,575
square foot second story addition and 534 square foot of the ground floor to
storage or warehousing purposes only.
2. The new roof shall be terra cotta colored barrel tile similar to that used
on adjacent buildings.
3. The roofline shall be revised as shown on
dated February 20, 1990.
5 of the staff report
SITE DEVELOPHENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Revised building elevations incorporating all conditions of approval shall
be submitted to the Planning Services Department prior to issuance of
building permits.
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Approval of this request shall not waive compliance with all sections of the
Zoning Development Code and all other applicable City in effect
at the time of building permit
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Any roof appurtenances, including air conditioners, shall be architecturally
integrated, shielded from view and sound buffered from adjacent properties
and streets as required by the Planning Services Department.
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The applicant shall comply w th the latest adopted Uniform Building Code,
Unifom Mechanical Code, Uni orm Plumbing Code, National Electric Code,
Uniform Fire Code, and all o her applicable codes and ordinances in effect
at the time of building perm t issuance.
e
For a new commercial or industrial development, or addition to n existing
development, the ap licant shall pay development fees at the es ablished
rate. Such fees ma include, but not be limited to: Permit an Plan
Checking Fees, Wate and Sewer Service Fees. These fees shall e paid prior
to building permit ssuance.
7. This approval shall become null and void if building permits are not issued
for this project within two years from the date of project approval.
No. P-90-15
Page 4
LANDSCAPING
A detailed landscape and lrrlgatlon plan shall be submitted to and approved
by the Planning Services prior to the issuance of building per-
mlts.
2. Landscaping in front of the building shall consist of a minimum of two 24"
box street trees with an irrigation system.
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Landscaping and irrigation shall be installed adjacent to the parking spaces
which adjoin the back of the building. A minimum of two 15 gallon trees
shall be provided.
SIGNS
All signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance and shall not encroach on adjacent par-
cels.
APPLICAJJT SHALL CONTACT THE DEPARTNENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
The entire building shall be protected by an automatic fire sprinkler
system. A new Post Valve shall be provided with a tamper switch
and the entire system shall be monitored.
New address to be a minimum of six inches facing Poway Road and roof numbers
meeting Department of Safety Services standard specifications shall be
installed.
3. Knox security system to be provided.
4. Roof covering shall be fire
Poway Ordinance No. 64.
as per UBC Section 3203(e) and City of
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Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contract with their background. Address may
be required at private driveway entrances.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 20th day of February, 1990.
Don Higgil
ATTEST:
R No. P- 90-t5
Page 5
STATE OF C )
COUNTY OF SAN DIEGO )
I, Mar orie K. Wahlsten, City Clerk of the City of oway, do p~e~t¥5certify,
under the enalty of perjury, that the foregoing Resolu ion, No. , was
duly adopt d by the City Council at a meeting of said C ty Council held on the
20th day o , 1990, and that it was so adop ed by the following
vote:
AYES: GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: BRANNON, EMERY
R/R-2-20.1-5
City of P~qway