Res P-92-57RESOLUTION NO. P- 92-57
A RE L T N OF TH CIT' CO NCIL
OF T I OF POW Y, C LIF RNIA
P 0 NG VARI NCE 2-1
ASSESS ' RCEL NU BER 17- 21-27
WHEREAS, Variance 92-15, su 'tted by Bob Brownfeld/Firestone Mastercare,
plicant and Beringhause Family ~-ust, owner, request approval for a variance
locate a new auto repair facili y in the Pomerado Auto Center with a total of
parking spaces available where 3 spaces are required, on property located at
508 Pomerado Road in the CG {Commercial General) zone; and
WHEREAS, on October 20, 1992, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: E
The City Council finds that the proposed variance is categorically exempt
from tal review because it constitutes a minor deviation from
land use standards (Class 5).
The proposed project is consistent with the existing general plan in
that the site is designated for general ' 1 (CG) use and auto
repair facilities are permitted by conditional use permit in the CG
zone.
That there are special circumstances applicable to the property
{size, shape topography, location, or surroundings) or the intended
u e of the property, and because of this, the strict application of
t e Zoning Ordinance deprives the property of privileges enjoyed by
o her properties in the vicinity under identical zoning
c assification.
The special circumstances include the fact that the subject s te
plan and buildin were designed for a different type of use than he
applicant propos s. In the unusually slow busine s climate wh ch
currentlyprevai s, the existing layout of this pro ect deprives he
property owner o the flexibility to fi tenants. Ot er
auto service cen ers in the area do not have sim ar ts.
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other propert in the same vicinity and zone and denied to the
property for whi the variance is sought in that other auto centers
in the area have he ability to change tenants and uses without the
parking constrain s that burden the subject property.
That granting the variance or its modification will not be
~a~er!ally detrimental to the public health, safety, or welfare, or
to the property or imp in such vicinity and zone
in which the property is located in that a parking analysis of this
--- Resolution No. P-92-57
Page 2
Fin
1.
development has demonstrated that existing on-site parking will be
adequate for the proposed use.
The grant ng of this vari
privilege nconsistent with t
the vicini y and zone in wh
other simi ar developments
parking ratio than this site
nce does not a special
e limitations upon other properties in
ch such property is situated in that
n town already function with a lower
provides.
The granti g of this variance does not a 1 w a use or activity which
is not ot erwise expressl authorize the Zoning Ordinance
governing he parcel of pro erty in tha t e property is located on
a site des gnated for gener 1 commercia { G) use where auto repair
facilities are permitted wi h a conditional use permit.
That g anting the variance r its modification will not be
incompa ible with the City o Poway General Plan in that the
propose variance is a minor eviation from property development
standar s and will not impact e General Plan.
Neither present nor anticipated future traffic volumes generated by
the use of the site or the uses of sites in the vicinity reasonably
require strict or literal interpretation and enforcement of the
specified regulation.
This finding is substantiated by the parking study which was
performed by an independent consultant and is incorporated as
Attachment 6 in the staff report dated October 20, 1992. With the
conditions imposed by this variance, on-site parking should be
adequate for all uses on the property.
That the granting of the variance will not result in the parking or
loading of vehicles on public streets in such a manner as to
interfere with the free flow of traffic on the streets because that
on-site parking will be sufficient and loading and service areas are
all located an adequate distance away from the right-of-way of
Pomerado Road.
That the granting of the varianc will no create a safet
ther.condition inconsistent wi h the oh ectives of thi
n that all the information su mitted f r this projec
hat on-site parking, loading an access acilitieswill
or the new auto service use.
ha ard or
or inance
in icates
e a equate
Section 3: :
The City Council hereby approves Variance 92-15 subject to the following
conditions:
Resolution No. P-92-57
Page 3
Within 30 days of approval (a) the applicant shall submit in writing
that all conditions of approval have been read and understood; and
(b) the property owner shall execute a Covenant on Real Property.
J
The proposed use shall comply with all applicable conditions
contained in City Council Resolutions P-go-g5, P-88-121, and P-88-68
which established conditions of approval for the subject auto repair
center.
APPLZCANT SHALL CONTACT THE DEPARTHENT OF PLANNZNG AND BUILDING SERV]CES
REGARDZNG COMPLIANCE WITH THE FOLLOWING CONDITIONS:
The Firestone tenant space shall be developed in accordance with the
approved site plans on file in the Planning Services Department and the
conditions contained herein.
No more than one 3,750 square foot auto se vice facility, including four
repair bays/or stations, may be located n Building A. The remaining
floor area in Building A shall be occupied y a use which does not require
a parking ratio of greater than one space or 300 square feet per Poway's
Zoning Ordinance.
Parking spaces on the site must be used by motor vehicles only. Storage
of boats or trailers shall be prohibited.
The annual review required by the underlying CUP
t of parking availability. If the use
comp lance with the requirements of this resol'
cond tional us permit, or if the Planning
rece ved compla nts regarding the parking availab
88-02R shall include an
of Building A is not in
tion, or the underlying
ervices Department has
lity at this center, the
requ red annua review shall be set for pub ic hearing before the
Cou cil. Poten ial conditions to address parking problems could include
suc measures as a requirement to establish a reciprocal parking agreement
wit an adjacent site so that employees could use off-site parking during
pea weekend hours.
The pa ki g space for the physically disabled which is eliminated by
instal at on of the new bay doors must be relocated prior to occupancy of
the bu ld ng. The new parking space for the disabled must comply with all
curren s andards.
Disabled parking sha 1 be lo~ated as near a
the tenant space. I is recommended that t
the requirements of he Americans with Disa
restrictive disable access requirements
enforced by the City.
ossible to the main entry of
responsible designer review
lities Act for possibly more
an found in State law and
7. Facility will be required to be accessible to the disabled throughout.
Resolution No. P-92-57
Page 4
epair garages may be classified as B-] or M-4 occupancies, under the
niform Buildin Code, depending on the type of auto repair being done.
f the garage i classified as an H-4 o cupancy, the exterior wall near st
he prope ty 1 ne will be required o be of one-hour fire
construct on wi h a parapet or protec ed roof structure complying w th
Section 1 IOof he Uniform Building Co e, lggl edition. Aone-hour ra ed
fire occupancy will be required between the -4
occupancy and the adjacent B-2 occupancy.
Electrical requirements will need to be reviewed for any changed loads
resulting from additional equipment and for wiring methods and fixtures
used in the auto repair area (hazardous location).
10.
Ventilation will be required in accordance with Uniform Building Code
Section 905{c) including ventilation of vehicle exhaust.
11. Air Pollution Control District and County HazMat approvals are required.
APPLXCANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A technical opinion/report, prepared by a qualified en ineer, shall be
provided, which analyzes the existing fire sprinkler s stem design and
proposed operation/use, to determine if the new extra ha ard use of tire
storage is adequately protected by the existing fire spt nkler system.
A drainage system shall be installed including floor drains with
appropriately sized oil separator or other filtration device, to ensure
that waste oil and other hazardous or toxic material's are not released
into the sewer or storm drain system.
An Emergency Contingency Plan and Hazardous Materials Disclosure is
required to be filed with the County of San Diego Department of Health and
copies provided to the Fire Department.
ATTEST: ~a i ~'~i
t~,
yor
MarjorI K , y i ',lerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
Resolution No. P-g2-57
Page 5
I, Narjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.P-92-57
__, was duly adopted by the City Council at a meeting of said City Council
held on the 20th day of 1992, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
Marjorie , y,
City o[ Poway