Res P-98-33 RESOLUTION NO. P -98-33
A RES OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 98-02 AND
MINOR DEVELOPMENT REVIEW 98-36
ASSESSOR'S PARCEL NUMBER 321-190-29
WHEREAS, Variance 98-02 submitted by Tosco Marketing Company, Applicant,
requests approval for a reduction of the required 20 foot landscaped front yard setback to
8 feet, to allow for the of a 576 square foot shade canopy over the existing
pump islands for the Circle K store located at 14147 Twin Peaks Road, in the CN zone;
and
WHEREAS, on June 2, 1998, the City Council held a duly advertised public hearing
to solicit from the public, both pre and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that Variance 98-02 and Minor Development Review 98-36
is exempt from the provisions of the California E Iai Quality Act,
Categorical Exemption Class 3, as the project is a small structure.
The approved project' l with the general plan in that it proposes
the construction of 3ich is constructed of simulated wood shake
shingle mansard roofing and finished with a muted color scheme in a
predominantly residential neighborhood, where the General Plan calls for the
use of materials and finishes which reflect the rural character of the
community.
That there are special ' pplicable 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 under identical zoning
classification.
The special include the fact that the lot is undersized in
comparison with typical contemporary The store
and fuel island have been in place for more than 20 years. The pump island
is located far forward on the lot and was installed before the incorporation of
the City and the adoption of City of Poway zoning standards, and before
Twin Peaks Road was fully improved.
Resolution No. P- 98-33
Page 2
That granting th :li~ 'y for the p :1
enjoyment of a substantial property right possessed by other property in the same
vicinity and zoning for which the variance is sought, in that the pump island over
which the canopy is being -I, is a previously existing element within the
site, which cannot be located elsewhere on the site without impairing the parking
area for the store.
That granting th :liflcation will not be materially detrimental to the
public health, safety or welfare, ' ' to the property or imp ~
vicinity and zone in which the property is located in that the new shade canopy and
th : the store building will be fitted with simulated wood shake
shingle mansard roof which will blend visually with the neighboring
shopping center to the east. Landscape imp [I the property lines and
street fronta~ part of this application; the result being a more h
appearance for this property within the larger neighborhood.
That the granting of th' does not 3ecial privileg
with the I ~on other properties in the vicinity and zone in that the property
is located adjacent to a neighborhood center where the covered
walkway on the end suite of that center is located within the required street setback
areas. Therefore the building lines for the two properr ~at consistent
in their depth from the street.
That the granting of this variance does not allow the use or activity which is not
otb 3ressly authorized by zoning development regulations governing the
parcel or property in that stores with gasoline dispensing were
permitted by dght at the time the b 31ished on the property and are
permitted under the City of Poway zoning standards with a conditional use permit.
This is an expansion of a legal 3 use, where the property is being
improved with landscaping and more 3 architectural treatment and
the store building and th 3y.
The City Council hereby approves Variance 98-02 and Minor Development Review 98-36
subject to the following conditions of approval.
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have bee read and understood.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Site shall be developed in accordance with the approved plans on file in the
Planning Services Department and the condit' ~1 herein.
Resolution No. P- 98-33
Page 3
Revised site plans, building elevations and landscaping/irrigation plans
incorporating ail conditions of approval shall be submitted to the Planning Services
Department prior to submittal of building permit plan check. Th :1 for
the roof elements shall be concrete simulated shake shingle or comparable
material, to the sal' ' I the Director of Planning Services.
The air dispensing unit shall b :1 southward in order to prevent congestion
at the west driveway opening/entry to the pump island.
Lighting for the entire site shall conform to the standards contained in Section
17.10.150.H of the Poway Municipal Code. Any retrofitting of existing lighting shall
be accomplished under the same building permit with th I the new
canopy and store roof
A separate landscape/irrigation plan check p :luired. Contact the Poway
Planning Services Department regarding the submittal process.
Landscape/irrigation imp :1 the construction/installation of th
roof ~all be completed with construction of the new shade canopy.
Approval of this request shall not 31lance with all " ! the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of building
permit issuance.
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 ord :l:ect at the time of building
permit issuance.
The appropriate Building Department approvals and fees shall be received prior to
the start of
This approval shall b il and void if building permits have not been issued
on the project by June 2, 2000.
Resolution No. P- 98-33
Page 4
APPROVED and ADOPTED by the City Council of the City of Poway, State of California,
this 2nd day of June, 1998.
Don Higginson, Mayor
ATTEST:
L~ri ~hn :e P~eeoples, ~sta~t~erk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, Assistant City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. P-98-3 was duly
adopted by the City Council at a meeting of said City Council held on the 2nd day of
June 1998, and that it was so adopted by the following vote:
AYES:
NOES:
CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NONE
ABSTAIN:
ABSENT:
NONE
NONE
~)~ne 'pe~c pies, As~n~t ~¢ Clerk
City of Poway
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