Res P-18-13RESOLUTION NO. P-18-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 16-008 AND DEVELOPMENT REVIEW 16-017
ASSESSOR'S PARCEL NUMBER 317-130-64 and 65
WHEREAS, Conditional Use Permit (CUP) 16-008 and Development Review (DR) 16-017
were submitted by Chick-Fil-A, Applicant / Poway Town and Country Shopping Center, Owner of
APN 317-130-65 and Edward C. Malone and Barbara J. Malone Trust, Owner of APN 317-130-
65, a proposal to demolish the existing 6,500 -square -foot restaurant building located at 13464
Poway Road within the Mixed -Use District of the Poway Road Specific Plan (PRSP) and replace
it with a 4,584- square -foot drive-through restaurant building;
WHEREAS, a Conditional Use Permit is required for a drive-through restaurant in the
Mixed -Use District; and
WHEREAS, on April 3, 2018, the City Council held a duly advertised public hearing to
solicit comments from the public, both for and against, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: This project replaces an existing restaurant and is substantially consistent
with the PRSP. An Environmental Impact Report (EIR) was prepared to analyze the impacts of
the buildout of the PRSP, and the EIR was certified by the City Council on December 5, 2017.
Technical studies were conducted, and the project was found to be consistent with the PRSP that
was analyzed in the EIR and confirmed that no further environmental analysis is required pursuant
to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA)
Guidelines Sections 15162 and 15163 because there are no substantial changes to either the
project or the surrounding circumstances, nor any new information, that would require subsequent
or supplemental environmental review. Therefore, no further environmental analysis is required
of the project.
Section 2: The findings in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC) for the approval of CUP 16-008 to develop a 4,584 -square -foot drive-through
restaurant on the property at 13464 Poway Road are made as follows:
A. The location, size, design and operating characteristics of the proposed use are in accord
with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations),
the General Plan, and the development policies and standards of the City in that the
PRSP, the City's General Plan, and the development policies and standards of the City in
that the subject use is allowed in the Mixed use district with a CUP.
B. 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,
people, buildings, structures, or natural resources in that the project has been designed
and will be conducted such that it will be compatible with the surrounding businesses
within the commercial center. A standard operational practice of posting staff with
electronic handheld menu order pads at the entrance of the drive through lanes during
peak use hours to promote quick traffic flow in the drive-through lanes is included as a
Resolution No. P-18-13
Page 2
condition of approval in the CUP to ensure compatible operation with surrounding
businesses.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is
consistent with adjacent uses in that the project involves the demolition of the existing
6,500 -square -foot restaurant and the construction of a smaller new 4,584 -square -foot
drive-through restaurant. Additionally, the business is required to be conducted in a
manner that will be compatible with surrounding businesses within the commercial center.
D. There are adequate public facilities, services and utilities available at the subject site to
serve the proposed use.
E. There will not be a harmful effect upon desirable characteristics within the commercial
center in that the project has been designed to be architecturally compatible with other
commercial buildings within the center and the proposed site design is compatible with the
existing site design of the surrounding commercial center.
F. The generation of traffic will not adversely impact the capacity and physical character of
the surrounding streets and/or the Circulation Element of the General Plan in that the
project has been designed to handle onsite drive-through traffic that will be associated
with the business. Additionally, the use employs a standard operating practice of posting
staff with electronic handheld menu order pads at the entrance of the drive through lanes
to manage and promote quick traffic flow in the drive-through lanes during peak times.
G. The site is suitable for the type and intensity of use or development that is proposed in
that the proposed restaurant is smaller in size than the existing restaurant that is being
replaced on the site and the project has been designed to handle onsite drive-through
traffic that will fit with other retail and restaurant uses in the commercial center.
Additionally, parking for the use will be accommodated onsite.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the subject site is part of an existing fully developed commercial center
and the project will result in the redevelopment of an existing sit-down restaurant site with
a new drive-through restaurant.
I. There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. That the impacts, as described in subsections A through I of this Section, and the proposed
location, size, design, and operating characteristics 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 welfare, or materially injurious to properties or improvements in the
vicinity, nor be contrary to the adopted General Plan and PRSP.
K. That the proposed conditional use will comply with each of the applicable provisions of
this title.
Resolution No. P-18-13
Page 3
Section 3: The findings for DR 16-017, in accordance with the PMC 17.52.010 Purpose of
Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding
development and conforms to the PRSP development standards and design guidelines.
Therefore, the project respects and recognizes the interdependence of land values and
aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development by
utilizing an architectural design that is substantially consistent with the PRSP and will be
compatible with surrounding commercial center development. Therefore, the proposed
development respects the public concerns for the aesthetics of development and
encourages the orderly and harmonious appearance of structures and property within the
City.
C. The granting of the DR would not be materially detrimental to the public health, safety or
welfare within the community since the proposed redevelopment project will complete
improvements necessary for the proposed drive-through restaurant.
D. The project has been designed to be consistent with the surrounding commercial
development in the area by utilizing exterior building materials and an architectural design
that is compatible. Therefore, the proposed development respects the public concerns for
aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health and safety, nor an
architecturally -related impact upon adjoining properties, as the project has been designed
to be consistent with the surrounding commercial development in the area by utilizing
exterior building materials and architectural design compatible with nearby development.
F. The design and improvements of the proposed development are substantially consistent
with all elements of the Poway General Plan and the PRSP.
Section 4: The City Council hereby approves CUP 16-008 and DR 16-017 as shown
on the approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and
employees from any and all claims, actions, proceedings, damages, judgments, or costs,
including attorney's fees, against the City or its agents, officers, or employees, relating to
the issuance of this permit, including, but not limited to, any action to attack, set aside,
void, challenge, or annul this development approval and any environmental document or
decision. The City may elect to conduct its own defense, participate in its own defense,
or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including
without limitation reasonable attorney's fees and costs. In the event of a disagreement
between the City and applicant regarding litigation issues, the City shall have the authority
to control the litigation and make litigation related decisions, including, but not limited to,
settlement or other disposition of the matter. However, the applicant shall not be required
to pay or perform any settlement unless such settlement is approved by applicant.
Resolution No. P-18-13
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Approval of this CUP and DR request shall apply only to the subject project and 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 issuance.
C. Within 30 days of the date of this approval, and before the issuance of any permit: (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 Regarding Real
Property. In order for the City to prepare the Covenant, the applicant must first submit a
legal description of the subject site, including the lease area.
D. The conditions of CUP 16-008 and DR 16-017 shall remain in effect for the life of the
subject use and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
E. CUP 16-008 and DR 16-017 may be subject to annual review, as determined by the
Director of Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the prior year.
F. The following minor alterations shall be made to the building elevation and site design to
allow the project to achieve optimum consistency with the PRSP:
1. Shift the building footprint further south on the lot closer to the Poway Road right- of -
way.
2. Increase the amount of window area on the front building elevation to provide greater
transparency (glass) to allow visibility into the building.
3. Incorporate barriers (not exceeding 36 -inches in height) into the front landscape area
to define the outdoor dining area. Barriers may include but not be limited to removable
fences, hedges and planters. The outdoor seating area can be expanded in width,
toward the street to allow for a more generous dining space and greater pedestrian
circulation at the front of the building.
4. The roof overhang over the outdoor dining area is allowed to observe a minimum five-
foot front yard setback along Poway Road. The setback area can be used for additional
sidewalk space, outdoor dining, open space and landscaping.
G. The use conditionally granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding uses.
H. The conditions of CUP 16-008 and DR 16-017 shall remain in effect for the life of the
subject use and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
CUP 16-008 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to address
unresolved operational concerns that may have been raised during the prior year.
The applicant shall obtain a Grading Permit. Prior to issuance of a Grading Permit, the
applicant shall comply with the following:
Resolution No. P-18-13
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(Engineering)
1. Applicant shall incorporate Low Impact Development (LID) design features into the
site development. These shall be clearly shown and identified on the site plan and be
appropriately sized for the proposed level of development.
2. Submit a precise grading plan for the development prepared on a City of Poway
standard sheet at a scale of 1" = 20', unless otherwise approved by the City project
engineer. Submittal shall be made to the Department of Development Services
Engineering Division for review and approval. The grading design shall be 100 percent
complete at the time of submittal, ready for approval and issuance of permit.
Incomplete submittals will not be accepted. All materials as required by Chapter 16.48
of the PMC shall be submitted. All existing and proposed easements within the project
site shall be shown on the grading plans.
Water Quality Control — Drainage and Flood Damage Prevention
A drainage study addressing the impacts of the 100 -year storm event prepared by a
registered Civil Engineer is to be submitted and approved. The study shall evaluate
existing and proposed hydrologic and hydraulic conditions to the satisfaction of the
City project engineer.
Water Quality Control — Design and Construction
The project shall comply with the City and Regional Water Quality Control Board
stormwater requirements. The project is considered a Priority Development Project
and will be subject to all City and State requirements. The Preliminary Storm Water
Quality Management Plan (SWAMP) submitted during discretionary review did not
fully address treatment for the entire project (including onsite and offsite area).
Additionally, an extensive amount of more detail is required for the final report. A Final
SWQMP prepared by a registered Civil Engineer is to be submitted and approved.
a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with
Chapter 16.104 of the PMC, and a signed PDF version.
b. Property owner shall execute an approved Storm Water Management Facilities
Maintenance Agreement accepting responsibility for all structural BMP
maintenance, repair and replacement as outlined in the O&M plan. The O&M
requirements shall be binding on the land throughout the life of the project as
outlined in Chapter 16.104 of the PMC.
Grading securities in the amount and form described in Chapter 16.46 of the PMC
shall be posted with the City prior to grading plan approval. This will include a minimum
cash security of $2,000 in all instances.
6. The applicant shall pay the storm water pollution inspection fee according to the latest
adopted master fee schedule.
7. Any existing and proposed public easements shall be depicted on the grading plans.
The proposed public easement dedications shall be submitted prior to Grading Permit
issuance.
Resolution No. P-18-13
Page 6
8. Any private improvements within any publically held easement or right-of-way may
require an encroachment agreement as determined necessary by the City Engineer.
All necessary encroachment agreements shall be approved and executed prior to
Grading Permit issuance.
9. Following approval of the grading plans, posting of securities and fees, receipt of four
copies and an electronic copy of the approved plans, the applicant shall attend a pre -
construction meeting at the Department of Development Services. The scheduling
request shall be submitted on a City standard form available from the City's project
engineer.
10. Construction staking is to be installed and inspected by the Engineering Inspector prior
to any clearing, grubbing or grading. As applicable, provide two copies of a written
certification, signed and sealed in accordance with the Business and Professions
Code, by the engineer of record stating that all protected areas have been staked in
accordance with the approved plans.
(Planning)
11. Pursuant to the approved project site plan, a minimum of 26 onsite parking spaces
shall be provided and a minimum of eight (8) off-site parking spaces shall be provided
within the Poway Town and Center Shopping Center pursuant to the proposed added
parking spaces shown on the approved project plans on file in the Development
Services, Planning Division.
12. Parking spaces shall be painted with double stripes and have a minimum dimension
of 8.5 -feet by 18.5 feet.
13. All parking lot landscaped islands shall have a minimum inside dimension of four feet
and shall contain a 12 -inch -wide walk adjacent to parking stall and be separated from
vehicular areas by a six -inch -high, six -inch -wide Portland concrete cement curbing.
(Public Works)
14. In accordance with the approved project plans on file in the Planning Division, a trash
enclosure shall be provided which can accommodate a minimum of three bins for
waste, recycling and organics, and a grease interceptor shall be provided.
K. The applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the
applicant shall comply with the following:
1. The applicant shall comply with the latest adopted building and electric codes, and all
other applicable codes and ordinances in effect at the time of Building Permit issuance.
2. The site shall be developed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein. A final
inspection from the appropriate City departments will be required.
(Engineering)
3. The site shall be developed in accordance with the approved grading plans on file in
the Development Services Department and the conditions contained herein. Grading
of lots shall be in accordance with the Uniform Building Code, the City Grading
Resolution No. P-18-13
Page 7
Ordinance, the approved grading plan, the approved soils report, and grading
practices acceptable to the City.
4. Erosion control shall be installed and maintained by the developer from October 1 to
April 30. The developer shall maintain all erosion control devices throughout their
intended life.
5. Applicant shall obtain a Grading Permit and complete rough grading of the site. The
grading shall meet the approval of the Engineering Inspector and the project's
geotechnical engineer. Following completion of rough grading, please submit the
following:
a. Three copies of certification of line and grade for the lot, prepared by the engineer
R work.
b. Three copies of a soil compaction report for the lot, prepared by the project's
geotechnical engineer.
The certification and report are subject to review and approval by the City.
6. Prior to start of any work within a City -held easement or right-of-way, a Right -of -Way
Permit shall be obtained from the Engineering Division of the Development Services
Department. All appropriate fees shall be paid prior to permit issuance.
(Planning)
7. The building plans shall depict all roof appurtenances, including air conditioners,
architecturally integrated, screened from view and sound buffered from adjacent
properties and streets, to the satisfaction of the Director of Development Services.
8. A landscape and irrigation plan shall be submitted for review and approval. The
landscape and irrigation plans shall demonstrate compliance with the City of Poway
Landscape and Irrigation Design Manual, Chapters 17.07 and 17.41 PMC, the PRSP
and all other applicable standards in effect at the time of landscape and irrigation plan
check submittal. This includes but is not limited to the submittal of an irrigation audit
report, pursuant to Chapter 17.41 of the PMC, prior to final inspections/issuance of a
Certificate of Occupancy. The landscape and irrigation plan submittal is a separate
submittal from other project plan check submittals and is made directly to the Planning
Division. Contact the Planning Division for copies of applicable City standards, the
landscape and irrigation plan submittal checklist, and the plan review fee worksheet.
Landscape and irrigation plan review fees are required and are the responsibility of
the applicant.
The plan design shall address the following:
a. The required front yard shall be landscaped. Said landscaping shall consist
predominantly of plant materials except for necessary walks and drives. All
planting and irrigation shall be in accordance with the City's Landscape Manual.
All required landscaping shall be permanently maintained in a healthy and
thriving condition, free from weeds, trash and debris.
Low hedges and shrubs should be used to screen the front parking lot area and
the drive-through lanes from view from Poway Road.
Resolution No. P-18-13
Page 8
C. One 15 -gallon tree, per City specifications, shall be provided for every three
parking spaces. Said tree shall be so located to provide shade cover for the
vehicles.
9. 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
issuance.
10. Applicable school impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District for
additional information at (858) 679-2570.
11. The locations and sizes of all utility boxes and vaults within street rights-of-way shall
be shown on the grading, improvement and landscaping plans.
12. The proposed project will result in the removal of nine onsite trees. A Tree Removal
Permit shall be obtained in accordance with the City's Urban Forestry Ordinance. Any
trees removed shall be replaced in accordance with the Urban Forestry Ordinance.
13. The building plans shall include details for all exterior lighting to demonstrate
conformance with PMC 17.10.150.H; including, but not limited to, reflecting light
downward, away from any road or street, and away from any adjoining residential
development. Lighting shall be maintained in compliance with City standards by the
applicant for the life of the project.
14. Signs proposed for this development shall be approved under a separate Sign Permit.
15. The building plans shall include elevations and cross-sections that show all roof -
mounted appurtenances, including, but not limited to, air conditioning and vents,
screened from view from adjacent properties and Poway Road to the satisfaction of
the Director of Development Services.
16. Exterior building materials and finishes shall reflect the approved elevations on file with
the City and the conditions of approval, and shall be noted on the building plans, to
the satisfaction of the Director of Development Services.
L. The following requirements shall be completed to the satisfaction of the Safety Services
Department:
1. The applicant is required to meet all applicable PMC and California State Fire and
Building Codes for this project. The applicant is encouraged to contact the Division of
Fire Prevention at (858) 668-4473 to set up a meeting prior to submitting building plans
in order to review project requirements.
2. The building shall display their numeric address in a manner visible from the access
street. Minimum size of the building numbers shall be six inches on the front facade
of the building. Building address shall also be displayed on the roof in a manner
satisfactory to the Director of Safety Services, and meeting Sheriff's Dept. -ASTREA
criteria.
7i
B
Resolution No. P-18-13
Page 9
3. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
4. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and 75' travel
distance.
5. Rack storage in excess of eight -feet in height requires a building department permit
for installation.
Prior to issuance of a Certificate of Occupancy:
(Engineering)
1 All existing and proposed utilities or extension of utilities required to serve the project
shall be installed underground. No extension of overhead utilities shall be permitted.
2 The drainage facilities, driveway, slope planting measures, and all utility services shall
be installed, and completed by the property owner, and inspected by the Engineering
Inspector for approval. All new utility services shall be placed underground.
3 An adequate drainage system around the new building pads capable of handling and
disposing all surface water shall be provided to the satisfaction of the Engineering
Inspector.
4 The stormwater facilities shall be complete and operational prior to occupancy.
5 The applicant shall repair, to the satisfaction of the City Engineer, any and all damages
to public improvements caused by construction activity from this project.
6 Record drawings, signed by the engineer of work, shall be submitted to Development
Services prior to a request of occupancy, per Section 16.52.130 of the Grading
Ordinance. Record drawings shall be submitted in a manner to allow the City
adequate time for review and approval prior to issuance of occupancy and release of
grading securities (i.e. at least three weeks prior to a request for occupancy is
recommended). All other final reports and agreements, as outlined in Chapter
16.52.130 of the Grading Ordinance are to be approved.
(Planning)
7. The site shall be developed, and the
accordance with the approved plans on
and the conditions contained herein.
departments will be required.
building elevations shall be constructed in
file in the Development Services Department
A final inspection from appropriate City
8. Landscaping shall be installed per the approved landscape plan.
Upon establishment of the proposed use, pursuant to CUP 16-008 and DR 16-017, the
following shall apply:
1. To manage and promote efficient drive-through traffic flow during peak use hours the
business shall implement an operational practice of posting staff with electronic
handheld menu order pads at the entrance of the drive through lanes.
Resolution No. P-18-13
Page 10
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
in accordance with the requirements of the City of Poway Landscape and Irrigation
Design Manual. Trees shall be encouraged and allowed to retain a natural form.
Pruning should be restricted to maintain the health of the trees and to protect the public
safety. Trees should be trimmed or pruned as needed to develop strong and healthy
trunk and branch systems. Tree maintenance and pruning shall be in accordance with
"American National Standard for Tree Care Operations" latest edition (ANSI A300).
Trees shall not be topped, and pruning shall not remove more than 25 percent of the
trees' leaf surface.
Section 5: The approval of CUP 16-008 and DR 16-017, shall expire on April 3, 2020,
at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the
property in reliance on the CUP/DR approval has commenced prior to its expiration.
Section 6: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 3rd day of April 2018.
Steve Vaus, Mayor
ATTEST:
Nancy WeAeld, CMC, City Clerk
Resolution No. P-18-13
Page 11
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-18-13 was duly adopted by the City Council
at a meeting of said City Council held on the 3rd day of April 2018, and that it was so adopted by
the following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nancy Weuf6ld, CIVIC, City Clerk
City of Poway