Res P-03-36RESOLUTION NO. P- 03-36
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 03-03 AND
MINOR DEVELOPMENT REVIEW APPLICATION 92-16R
ASSESSOR'S PARCEL NUMBER 317-490-08
WHEREAS, Variance 03-03 and Minor Development Review Application 92-16R,
submitted by Stan Kaminski, Applicant, requests approval of a Variance to allow a new
outdoor patio area addition to an existing restaurant (Dad's Cafe) to observe a 15-foot
front yard setback where a 20-foot setback is required. The subject property is located
in the C Business (CB) zone at 12735 Poway; and
WHEREAS, on July 8, 2003, 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 proposed project is Categorically Exempt as a Class 5 Categorical
Exemption from the California E Iai Quality Act (CEQA) pursuant to Section
15305 of the CEQ^ Guidelines, in that the project minor alteration in land use
limitations on a developed property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 03-03 to allow a 15-foot front yard setback rather
than the required 20-foot setback for a new outdoor patio area addition to an existing
restaurant (Dad's Cafe) located at 12735 Poway Road in the C Business
(CB) zone, as shown on the site plan dated May 13, 2003, are made as follows:
That there are special 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 special include the fact the subject lot has
limited locations for an outdoor patio area because of the parking and site layout;
and,
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 not afforded to the property for which the Variance is sought because the
developable area for an outdoor patio is concentrated on the northerly portion of
the lot due to parking and site layout; and,
Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed addition will be
to compliment the existing restaurant, will follow the guidelines of the Poway
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Page 2
Road Specific Plan and will not interfere with pedestrian access along Poway
Road; and,
That the granting of this Variance does not constitute a special privilege that is
l with the limitation upon other properties in the vicinity and zone in
that other nearby lots in the Poway Road Specific Plan area have reduced front
yard setbacks; and,
Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the CB zone because restaurants/bars are a permitted use and
this is an addition to an existing restaurantJbar; and
That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 3: The City Council hereby approves Variance 03-03 and Minor Development
Review Application 92-16R, to allow a new outdoor patio area addition to an existing
restaurant (Dad's Cafe) located at 12735 Poway Road in the CB zone to observe a 15-
foot front yard setback rather than the required 20-foot setback (as reflected on plans
dated May 13, 2003), subject to the following conditions:
Approval of this Variance shall apply only to the subject project and shall not
waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
The Variance granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding
uses.
The applicant shall obtain a Building Permit prior to installation of the facility.
Prior to issuance of a Building Permit, the applicant shall comply with the
following:
The applicant shall comply with the Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code and all other applicable code and ordinances in effect
at the time of Building Permit issuance.
The gate next to the main restaurant and patio area must be a ' ' :
5 feet wide and shall include panic hardware to the ' ' r of the Fire
Marshall and Building Official.
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Page 3
The building plans must show the path of travel, including slope
percentage, from the handicapped parking space to the gate.
No gate is permitted or required on the northwest corner of the patio. This
corner must be constructed with no opening or no gate if an opening is
proposed.
Prior to obtaining a final inspection on the Building Permits, the applicant shall
comply with the following:
The site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated May 13, 2003) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
The parking lot shall be resurfaced and re-striped, to the sal
Director of Development Services.
the
The applicant shall prepare and record a reciprocal access agreement
with the two properties to the east (APNs 317-490-07 and 317-490-42).
The reciprocal access easement shall become effective when the
neighboring property grants a reciprocal access easement back to this
property.
Upon establishment of the outdoor patio area, pursuant to VAR 03-03 and MDRA
92-16R, the following shall apply:
1. Signage is not permitted on patio umbrellas.
All outdoor lighting on or in the patio area shall not emit light rays that
project below the imaginary horizontal plane passing through the lowest
point of the fixture and shall be aimed in such a manner that the light is
directed away f :1 adjoining properties.
After the close of business, all outdoor light fixtures on the patio not
needed for security purposes shall be turned off.
All facilities and related equipment shall be J in good repair.
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize of dangerous conditions or visual
blight.
Resolution No. P-03-36
Page 4
The facility shall be operated in such a manner as to minimize any
possible disruption caused by noise. At no time shall noise from any
source exceed the noise standards contained in the Poway Municipal
Code.
G. The applicant shall construct the following improvements to the sa1 ' : the
Director of Safety Services:
Use propane heating devices as per manufacturer's specifications and
maintain ' ' from combustible
Barbeques outside of buildings shall not be located within 10 feet of
combustible walls, roofs or other combustible material.
Section 4: The approval of Variance 03-03 and Minor Development Review Application
92-16R shall expire on July 8, 2005, unless the applicant applies for and obtains
approval of a Building Permit.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, State of California, this 8th day of July 2003.
ATTEST:
L~orl n~ (/~ ty~Cle~k~;~¢
ne Peoples, Ci
Mich~r
Resolution No. P- 03-36
Page 5
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 03-36 duly adopted by the
City Council at a meeting of said City Council held on the 8th day of July 2003, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Peoples, C' -Cl~-rk
City of Poway