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Res P-93-13RESOLUTION NO. p-93-14 A F T £ CITY CO N IL OF C T~ P AY, ALIF R IA A OV N RI CE 9 -03 N M V ~ ME R-- EW 9 6 A EL Moc 317-~ 0-15 WHER AS, Variance 93- and Minor Development Review 9 -06, submitted by Peter and aren Molnar, app cants, request approval for cons ruction of a 1243 square foo second story a ition to an existing single-fami y dwelling. The addition w 1 observe a 2 "front yard setback where a 2 foot setback is required. ~.e property is ~ocated at 12852 Reo Real Drive in he RS-7 zone; and WHEREAS, on April 13, 1993, 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 resolve as follows: he ity Council finds that Variance 93-03 nd Minor Development Review 3-0 are exempt from the p of t e California E ual ty Act, as the project involves an add tion to an existing single- ami y dwelling {Class 3} and a minor altera ion to land use limitations Class 5}. Section 2: F : The proposed project is consistent with the general plan in that it proposes an expansion to existing residential development on a site which is designated for residential use. hat there are spec 1 circumstances applicable to the property and ecause of this, t strict application of the Zoning Ordinance eprives the proper y of privileges enjoyed by other properties in he vicinity under dentical zoning classification. The special circumstances which apply to this property and support the variance request include the fact that the neighborhood was develo ed prior to the adoption of the current zoning for the area. The r sidences in the neighborhood observe varied front yard etbac s and in most cases the setback ob is less than the 5 fee required in the zone. An th r factor which affects the lot s its irregular shape. The lot s w de at the front and narrows at he rear. Consequently, the bu k o the lot area is impacted by ront yard and street side yar se backs which lessens the area available for building expansion. That granting the variance or its modification is necessary for the p and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning for which the variance is sought. Resolution No. P-93-13 Page 2 That the eneration of traffic will not adversely impact the surroundin streets and/or the Cit's Circulation Element in that there is aG quate off-street parkin provided within the subject lot and the a joining lot to accomm date any increase in business activity resulting from the expans on. e That the site is suitable for the type and intensity of use and development proposed in that the proposed project is a minor expansion to a use which has operated in a satisfactory manner for 17 years. That there will not be significant harmful effects upon the tal quality and natural because the site is already wholly developed and contains no natural And as mentioned in Finding No. 2, an interceptor systemwil be installed to trap fluids which are presently being swept out in o the parking area and combining with surface runoff to drain into t e storm drain system. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. 10. That the impacts, as described above, and the location of the use will not adversely affect the City of Poway General Plan for future as well as present development in that the General Plan allows auto service type uses to locate in ' I zones subject to conditional use permit approval. SE ~ The City Council hereby approves Conditional Use Permit 92-09 subject to the following conditions: Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and {2) the property owner shall execute a Covenant on Real Property. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and 1 uses. This conditio al use permit shall be subject to annual review bythe Director of P arming Services for compliance with the conditions of approval and o address concerns that may have occurred during the past year. I the permit is not in compliance with the conditions of approval, or the Planning Services Department has received complaints, the required annual review shall be set for a public hearing, before the City Council, to consider modification or of the use permit. Resolution No. P-93-13 Page 3 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. e Approval of this request 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 ' *4. Any graffiti which appears on either the main building or the trash enclosure shall be removed by a means approved by the Planning Services Department within 24 hours. *5. The area surrounding the building shall be free of trash and debris at all times. e The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit ' 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. PARKING AND VEHICULAR ACCESS All two-way traffic aisles shall be a minimum of 25 feet wide and emergency access shall be provided, ~ free and clear, a minimum of 24 feet wide at all times during construction in accordance with Safety Services Department requirements. 2. All parking spaces shall be double striped. *3. No work on vehicles shall be conducted outside the services bays. LANDSCAPING A detailed landscape and irrigation plan shall be submitted to and approved by the City Landscape Architect prior to the issuance of building permits. Existing on-site trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the City Landscape Resolution No. p-93-13 Page 4 Architect. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. 3. All landscaped areas shall be J in a healthy and thriving condition, free from weeds, trash, and debris. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. EXISTING STRUCTURES Existing building(s) shall be made to comply with current building and zoning regulations for the intended use of the building. Disabled access is required throughout the facility including disabled parking adjacent to the main entrance. CONPLIAHCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. CONPLIANCE SHALL BE APPROVED BY THE DEPARTNENT OF ENGINEERING SERVICES. STREETS AND SIDEWALKS Reciprocal access and maintenance and/or agreements shall be provided insuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Engineering Services. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Engineering Services. Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any other permits required. *4. The easternmost driveway cut shall be closed and curb gutter sidewalk and landscaping installed to the satisfaction of the Directors of Planning and Engineering Services. UTILITIES n interception system shall be designed and installe to capture all iquid waste produced within the service bays. Waste ma erials recovered n this process must be disposed of in accordance wit State law. An ndustrial Waste Discharge Permit from the City of San iego is required o be processed though the City of Poway Engineering Services Department and Building Services Division. Resolution No. P-93-13 Page 5 COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTMENT OF SAFETY SERVICES, COMPLIANCE SHALL BE Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials, per City of Poway Ordinance No. 64. Approved nu bets or addresses shall be placed on the buildi in such a position as o be plainly visible and legible from the street onting the property, aid numbers shall contrast with their backgroun . Minimum height of a dress numbers shall be four inches. Address may e required at private riveway *3. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. *4. 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. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 13 day of April, 1993. ATTEST: Don Higginson, '~ Ma 3o ahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) Resolution No. p-93-13 Page 6 I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. , was duly adopted by the City Council at a meeting of said City Council ~e 13th day of , 1993, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: SNESKO CAFAGNA, CALLERY, EMERY, HIGGINSON sten, City Clerk Y RESOLUTION NO. P-93-13 RE LU ION OF T E CITY NC T C TY OF PO AY, CAL RN APP VT C NDITIONA USE PE T -09 AS ES ' PARCEL ' MBER 31 49 - 8 WHEREAS, Conditional Use Permit 92-09 submitted by Thomas J. Davis applicant, Winston Tire Company, owner, requests approval to construct a 516 square foot addition to an existing 3432 square foot auto service building located at 12947 Poway Road in the CG (Commercial General} zone; and WHEREAS, on April ]3, 1993, the City Council held a hearing on the above referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Sectior ;: The City Council finds that this project will not have a significant adverse impact on the t and hereby issues a Negative Declaration with mitigation measures as contained in the conditions of approval. Sec! : The proposed project will be consistent with the existing general plan in that this is an of a previously existing use which is foreseen by General Plan p That the location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, building , structures, or natural in that the building will e refitted with an interceptor system capable of trapping was e materials from the auto service activities conducted within t e service bays. That the scale, bulk, coverage a ' density is consistent with the adjacent uses, in that the ad tion to the building will be architecturally integrated into t existing building and will not displace required parking, inter ere with fire access, or disrupt the continued functioning of the adjoining business. That there are available public facilities, to serve the proposed use as all facilities and provided for through the conditions of approval. and utilities services can be That there will not be harmful effect upon desirable neighborh od characteristics, in that the new service bay doors will be instal ed on the rear elevation of the building and not visible to resident al properties to the north. In addition, general maintenance of he building and grounds will be governed by conditions of approval, in particular a requirement to maintain landscaping, pick up litter, and promptly remove graffiti should it appear.