Res P-99-55RESOLUTION NO. P-99-55
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING VARIANCE 99-07
ASSESSOR'S PARCEL NUMBER 323-190-75
WHEREAS, Variance 99-01 submitted by David DeConcini, applicant, requests a
variance of up to 1.5 feet into the lO-foot right-of-way/general utility easement for
placement of a : sign and an additional four feet of non-sign area for attachment
to the building at 14010 Poway Road (former Hyundai dealership temporary location)within
the Automotive General C (AGC) zone.
WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must I: that complies with Section 66020.
WHEREAS, on August 3, 1999, 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 Vadance 99-07 is exempt from the provisions of the
California E Iai Quality Act, Categorical Exemption Class 11.
Variance
A sign placed at the right-of-way line would b : with the General
Plan in that it would involve a sign on a site which is designated for
use.
That there are not extraordinary, special applicable to the
property, and because of this, the stdct application of the Zoning Ordinance
does not depdve the property of privileges enjoyed by other properties in the
vicinity under identical zoning classification.
While the I : a large utility box and an off-premises tree would block
westbound visibility of the proposed sign if placed at the right-of-way line, the
sign would still be visible t 31e distance for westbound motorists.
-- Resolution No. P-99-55
Page 2
That granting the variance or its modification is not 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 in that the 1.5-foot encroachment into the public right-of-way would
not appreciably improve the visibility of the sign.
That granting th 'lit d be materially detrimental
to the public health, safety, or welfare, or injurious to the property or
imp in such vicinity and zone in which the property is located in
that the encroachment would interfere with the use and maintenance of
existing and future utilities within the 10 foot utility easement. Also, approval
of th :d set a precedent for a private facility in a public right-of-
way.
That the granting of this variance would constitute a special privilege
: with the I 3on other properties in the vicinity and zone
in that the visibility I : unique to this property along this stretch
of Poway Road.
That the granting of th' d allow th ~ivity which is not
otherwise expressly authorized by zoning development regulations governing
the parcel or property in that a sign within the right-of-way utility easement
is not a permitted use in the/~ General C (AGC) zone.
)ecision:
The City Council hereby denies Variance 99-07.
APPROVED and ADOPTED by the City Council of the City of Poway, State~:)f
California, this 3rd day of August, 1999. ~/~~/~
Mi
ATTEST:
L~o ri ~'~n: e~'F e o pi e s .~'~C i ;ty~(~l e'er k
_ Resolution No. P- 99-55
Page 3
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-99-55 was duly adopted by the
City Council at a meeting of said City Council held on the 3rd day of August, 1999, and that
it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY
EMERY, HIGGINSON, REXFORD, CAFAGNA
nne Peoples, City Cl~rk
City of Poway