Res P-01-59RESOLUTION NO. P- 01-Sg
A OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA APPRQVING
CONDITIONAL USE PERMIT 01-12,
AND MINOR DEVELOPMENT REVIEW APPLICATION 01-80
ASSESSOR'S PARCEL NUMBER 317-153-25
WHEREAS, CUP 01-12 and MDRA 01-80 submitted by Poway-Nierman LP,
applicant request a Conditional Use Permit to establish a Starbucks drive-through
restaurant with outdoor seating Ihin an existing building located
within Pomerado Plaza located at 12202 Poway Road within the Community Business (CB)
Zone and Poway Road Specific Plan; and
WHEREAS, on November 13, 2001, 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 City Council finds that Conditional Use Permit 01-12 and MDRA 01-80
are Categorically Exempt from the p ' ' :the California E ,. Quality Act,
as a Class I exemption pursuant to Sec. 15301 (a) of the CEQA guidelines, because they
are a permits for an existing ;I only minor interior and exterior alterations.
Section 2: The finding ~ance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 01-12 to establish a drive-through restaurant at 12202
Poway Road within the Community Business (CB) Zone and Poway Road Specific Plan,
are made as follows:
The proposed facility would belocated .' 3shoppingcenterwhich building
has been designed to :late a drive-through restaurant. The size of the
facility is appropriate for the use and location. The design of the facility is
appropriate for the use and the surrounding area. The proposed project is a
permitted use in the CB zone, with the approval of a Conditional Use Permit. The
project will comply with all of the relevant codes and standards of the City of Poway.
Therefore, the proposed location, size, design and operating characteristics of the
proposed use are in accord with the title and purpose of Section 17.48.070 of the
Poway Municipal Code, the purpose of th 3ich the site is located, the City
General Plan, and the development policies and standards of the City.
B=
The new drive-through restaurant would be located within an existing
center and will include upgrades to the existing landscaping. The facility will meet
City of Poway standards for parking. Therefore, the location, size, design and
operating ch of the proposed use will be compatible with and will not
adversely affect or be materially detrimental to adjacent uses, residents, buildings,
structures, or natural
Resolution No. P- 03.-59
Page 2
The drive-through I occupy an existing building located ' ~1
shopping center. The proposed use will meet or exceed standards for scale,
coverage and density. Therefore, the harmony in scale, bulk, coverage and density
of the project ' I with adjacent uses.
There are public facilities,
utilities available to the site.
The proposed use will not impact neighboring residential areas because the
speaker by the drive-through lane would be located over 200 feet away from the
nearest residence and shielded by either the existing building or the vehicle in the
drive-through lane. Landscaping will maintain the existing aesthetics appeal of the
corner. The proposed addition to the building will match the existing
design, colors, and materials. Therefore, there will be no harmful effect upon
desirable neighborhood characteristics.
The proposed drive-through restaurant will be located -terial and will be
accessed via existing driveways. A combination dense landscaping and if
necessary a wall will limit car light from shining onto adjacent sidewalk and streets.
Landscaping will provid ~1 of the walls, drive-through lane, and cars and
provide an aesthetically pleasing focal point of the northeast corner of Poway Road
and Oak Knoll Drive. Therefore, the capacity and physical character of surrounding
streets will not be impacted and the project is consistent with the Circulation
Element of the General Plan.
The proposed drive-through restaurant is allowable in th :1 will be located
adjacent to a major arterial and on an existing site designed to
:late a drive-through lane. Therefore, the site is suitable for proposed
building and uses.
Th hazardous materials or processes. Although approximately 2
trees will be removed, the tree loss will be offset by planting 2 trees on
site as determined appropriate. None of the trees to be removed are heritage trees.
Therefore, there will not be significant harmful effects upon Iai quality
and natural
There are no otb
mitigated.
negative impacts of the proposed use that cannot be
The impacts, as described above, and the proposed location, size, design and
operating ch ' ' of the proposed use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety
or weir ' ly injurious to properties or imp the vicinity nor be
contrary to the adopted General Plan; and
Resolution No. P- 0].-59
Page 3
That the proposed conditional use will comply with each of the applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
Section 3: The finding Jance with Section 17.52 of the Poway Municipal Code
for Minor Development Review Application 01-80 to construct an addition to an existing
building at 12202 Poway Road in the CB zone and Poway Road Specific Plan,
are made as follows:
The drive-through restaurant will be located within an existing building that was
originally designed t :late a drive-through establishment. The design of
the addition would b I with the existing building and would not present a
departure from the design guidelines of the Poway Road Specific Plan. The
outdoor seating ;with the Poway Road Specific Plan. Landscaping
will provide an aesthetically pleasing focal point of the northeast corner of Poway
Road and Oak Knoll Drive. Therefore, the project respects the interdependence of
land :l aesthetics to the benefit of the City.
The addition and drive-through I ' ' ~aracterwith existing developmentofthe
area and will not negatively affect the views of adjacent property owners. The
project will provide additional landscaping around the building and within the center.
Therefore, the proposed use does not conflict with the orderly and h
appearance of structures and property within the City along with associated
facilities, such as but not limited to signs, landscaping, parking areas and streets.
There are public facilit' :l utilities available. Th traffic will
be insignificant given existing trail :l flows in the area. The project will
meet the parking requirement for Pomerado Plaza and bring 6 parking spaces into
lh the parking space design standards. Dense landscaping
and, if necessary, a wall will limit car lights from spreading onto the sidewalk and
streets. The project will otherwise conform to all City ordinances. Therefore, the
proposed project does not detract from the maintenance of the public health, safety
and general welfare, and property throughout the City.
The addition is designed to minimize impacts on the surrounding community by
being designed to match the architecture, materials and colors of the existing
building. Landscaping will provid ' ;] of the walls, drive-through
lane, and cars and provide an aesthetically pleasing focal point of the northeast
corner of Poway Road and Oak Knoll Drive. The proposed development respects
the publ for the aesthetics of developments.
The proposed project will meet the required design regulations and will otherwise
comply with all of the relevant codes and standards of the City of Poway.
Therefore, the proposal does not have an adverse aesthetic, health, safety or
Resolution No. P-01-59
Page 4
related impact upon existing adjoining properties, or the City in
general.
The proposed project will comply with all of the p ' '
Poway Road Specific Plan and the General Plan.
the Zoning Ordinance,
Section 4: Pursuant to G I Code Section 66020, the public fees for Conditional
Use Permit 01-12 and Minor Development Review Application 01-80 are as follows:
The design and improvements of the proposed development I with all
elements of the Poway General Plan, as well as City ordinances, because all
necessary :1 facilit' 31e to serve this project. The payment of
sewer and traffic f :led as a result of the proposed development to protect
the public health, safety and welfare as identified below:
The applicant will pay :l traffic fees, which -I on a pro-
rata basis to finance and provide public inl 3rovements, which
p ' :e and healthy I for the residents of the City.
Section 5: The City Council hereby approves a Conditional Use Permit 01-12 and Minor
Development Review Application 01-80 to all !an 108 square-foot addition
1' .~ building and establish a drive-th :with 150-square feet of outdoor
seating area with' ~3 ' ' building located within Pomerado Plaza located
at 12202 Poway Road within the Community Business (CB) Zone and Poway Road
Specific Plan, as shown on the plans dated September 26, 2001, subject to the following
conditions:
Approval of this Conditional Use Permit request shall apply to the subject project
and shall not waive compliance with all sections of the Zoning Ordinance and all
other applicable City ord' Yect at the time of building permit issuance.
B. Within 30 days of the date of this approval:
The applicant shall submit in writing that all conditions of approval have been
read and understood.
2. The property owners shall execute a Covenant on Real Property.
C=
The use conditionally granted by this approval shall not be conducted in such a
to interfere with th 31e use and enjoyment of surrounding uses.
The conditions of this CUP shall remain in effect for the life of the subject drive-
through restaurant and shall run with the land and be binding upon fur
heirs, and ! ~ ! the current property owner.
Resolution No. P- 01-59
Page 5
Conditional Use Permit 01-12 may be subj determined by the
Director of Development Services for compliance with the conditions of approval
and to add that may have been raised during the prior year.
Any changes in the approved use of the building, including, but not limited to, the
hours of operation and area or number of seating that result in an increase in
required parking will require the approval of a modification to this Conditional Use
Permit. Depending upon the scope of such changes, at the discretion of the
Director of Development Services, said modification may be processed
administratively or may be referred to the City Council for a public hearing.
Prior to issuance of a building permit, the applicant shall submit building plans
consistent with the approved project plans on file in the Planning Division, and the
applicant shall comply with the following unless other timing is indicated:
Based on the conceptual project development plan dated September 26,
2001, it appears that proposed grading work would not warrant the need for
a grading plan or grading permit. However, if it becomes apparent that
grading will exceed 50 cubic yards of earthwork, or if the cut is greater than
two feet in vertical depth and creates a cut slope steeper than 2:1 (two
horizontal to one vertical) and the fill is more than one foot in vertical depth,
then a grading plan shall be prepared and submitted along with applicable
fees to the City Engineering Division 1' :1 approval. A grading plan
submittal checklist is available at the Engineering Division front counter.
Should a grading permit be required, grading shall be completed prior to
building permit issuance for the construction of the drive-through. If it is
determined that grading does not exceed 50 cubic yards and a grading
permit is not required, then the applicant shall provide the Engineering
D' ' ' 'tiflcation from a State Registered Civil Engineer indicating the
quantity of earthwork involved and pay a $500 inspection fee prior to building
permit issuance.
If grading and/or the of the drive-through lane will affect the
existing driveway off of Oak Knoll Drive, that driveway shall I; :~
using alley type returns.
A right-of-way permit shall be obtained from the Engineering Division for any
work to be done in the public right-of-way or City held easements.
4. The building plans shall show all fencing and walls.
Complete landscape construction documents shall be submitted to and
approved by the City's Landscape Architect and Planning Division.
Landscape plan check f :luired upon submittal of the plans. Plans
shall be preF
Req '
Resolution No. P- 0].-59
Page 6
Jance with the City of Poway Guide to Landscape
(latest edition) and include the following:
Landscaping, including shrubs and ground .3 with irrigation,
shall be provided in all areas not used for buildings, parking and
driveways, to the sat :the Director of Development Services.
Specific plant sizes and species, and general irrigation design shall be
depicted on the site plan or separate landscape plan.
Landscaping of the modified parking lot median separating the two
rows of parking spaces east of the proposed drive-through restaurant
to the sat' ' " :the Director of Development Services.
The landscape plans shall address the use of retaining wall at the
corner of Oak Knoll Drive and Poway Road. The landscaping shall
contain a sufficient amount of trees and shrubs to soften the
appearance of the wall and shall provide an aesthetically pleasing
focal point of the north east corner of Oak Knoll Drive and Poway
Road to the sa1 " : the Director of Development Services.
The landscape plans shall add .3 of the cars lights in the
drive-through lane. Such screening shall consist of a dense hedge
that will provide immediat ;] of headlights and/or Iow wall to
the satisfaction of the Director of Development Services. If it is
determined that a hedge will not adequately block car lights, a Iow
wall shall be constructed to provide the necessary screening to the
satisfaction of the Director of Development Services.
Augment existing landscaping within Pomerado Plaza with shrubs
and trees to the sat I the Director of Development Services.
A tree removal permit application shall be submitted for approval by the
Director of Development Services for the removal of any matura trees. Prior
to any grading activities on the property, the limits of grading and excavation
shall be staked in the field to help assess potential impacts to existing mature
trees. The applicant shall submit a report from a qualified arborist evaluating
the necessity of the proposed tree Trees along streets and
property lines should be preserved whenever feasible. Tree replacement will
be required. The size and location of the tree replacement will be
determined as part of th =the project landscape plans.
The building plans shall be in accordance with the approved plans on file
dated September 26, 2001 in the Development Services Department for
CUP 01-12/MDRA 01-80, along with the condil' ' ' :1 herein.
10.
Resolution No. P- 0].-59
Page 7
All new equipment app
on the plans and shall be architecturally integrated, screened f
sound buffered from adjacent properties and streets as required by the
Director of Development Services.
Details of any new exterior lighting shall be included on the building plans,
including fixture type and design. All new exterior lighting fixtures shall be
Iow-pressure sodium and designed such that they reflect light downward,
and away f :1 adjoining properties pursuant to Poway Municipal
Code Section 17.08.220.L.
The following development fees shall be paid to the Engineering Division.
The following f lis currently in effect and is subject to change. The
applicant shall pay the amount in effect at the time of Building Permit
issuance:
S
Iion fee = $10,602.00'
* Based on t ls provided by the applicant at the time of
preparation of the project's conditions of approval, the proposed use
would result in an increase in the number from 14 to 32 fixture units
which generates an additional 4.5 EDU's (Equivalent Dwelling Unit).
The applicant shall verify the exact numbers of fixtures prior to
I a building permit and the sewer fee adjusted accordingly, if
applicable.
Sewer clean-out fee = $50.00 I;
S l inspection fee = $25.00 p
Traffic Mitigation fee = $15,075.23'*
** Calculated from (770 trips/lOOOSF x 1565 SF x $66 x 0.25) -
(220 trips/1,000 SF x 1457 SF x $66 X 0.25) = $15,075.23
11.
The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance.
12
Approval of this request shall not 31lance with all sections of the
Zoning Ordinance, and all other applicable City Ordinances in effect at the
time of building permit issuance.
Compliance with the following conditions is required during construction of site
improvements:
Resolution No. P-0].-59
Page 8
E
15 and April 15.
3all be installed and
between October
Prior t
following:
"a Certificate of Occupancy, the applicant shall comply with the
The site shall be developed in accordance with the approved plans on file in
the Development Services Department for both CUP 01-12 and MDRA 01-80
along with the condir :t therein/herein. A final inspection from
the appropriate City Departments will be required and approval for
occupancy obtained.
Upon establishment of the use, the following conditions shall apply:
1. The parking areas and driveways shall be well maintained.
The staff of the drive-through restaurant shall ensure that the outd .3
furniture stays within the designated outdoor seating area in order to ensure
that adequate disabled access will be maintained at all times from
handicapped parking spaces to the front door of the establishment.
All existing lighting fixtures shall be :1 such that they reflect light
downward, away from any road or street, and away from any adjoining
premises.
No loudspeaker sound amplification system shall be used to produce sounds
in violation of the Noise Ordinance, including telephone or electric bell or
chime system.
The hours of operation for the drive-through restaurant shall be limited to
5:00 a.m. to 11:30 p.m.
All landscaping including areas within the adjacent public right-of-way shall
be adequately irrigated and permanently and fully maintained by the owner
at all times.
If it is determined that the landscaping and/or wall along the drive-through
lane does not adequately block car lights from view from public sidewalks
and streets, the applicant shall submit plans to the City Planning Division for
review and approval to address th' :1 make modifications to the site
as deemed necessary by the Director of Development Services.
Th ~erator of the facility shall routinely and regularly inspect the
site 1' 31lance with the standards set forth in this permit.
Resolution No. p_01-59
Page 9
Any sig ~
conformance with the Poway Municipal Code.
required for any new signage.
'g pproved in
A separate sign permit is
Section 6: The approval of CUP 01-12 and MDRA 01-80 shall expire on November 13,
2003, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
consl the property' the CUP 01-12 and MDRA 01-80 approval has
:t prior to its expiration.
Section 7: Pursuant to G l Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed p this approval shall begin on November 13, 2001.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 13th day of November 2001.
ATTEST:
nne Peoples, City Cl~k
MicOr
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.01-59 , was duly adopted by the
City Council at a meeting of said City Council held on the 13th day of November 2001, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: REXFORD
ABSTAIN:NONE
ABSENT: NONE
nne Peoples,
City of Poway