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Item 4 - CUP 20-008 and MDRA 20-020; a req. to combine restaurant and retail space and convert to drive through coffee shop at 13432 Poway Rd.September 7, 2021, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway September 7, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services./)/\ Hector Salgado, Assistant Planner l.S (858) 668-4659 or hsalgado@poway.org CITY COUNCIL Conditional Use Permit 20-008 and Minor Development Review Application 20-020; a request to combine an existing restaurant and retail space and convert it to a coffee shop with a drive-through located at 13432 Poway Road in the Poway Town and Country Center This action is a Conditional Use Permit (CUP) and a Minor Development Review Application (MORA) request to combine an existing restaurant space and retail space and convert it into an approximately 1,825 square-foot (sf) coffee shop with a drive-through, in the Poway Town and Country Center at the northeast corner of Poway Road and Community Road within the Mixed-Use (MU) land use district of the Poway Road Specific Plan (PRSP). Recommended Action: It is recommended that the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A). Discussion: The project is initiated by Russell Stout and Associates, Inc. (Applicant) and is a request for a CUP and a MORA. The operator of the new coffee shop is not known. The CUP and MORA is a request to combine an existing restaurant space and retail space and convert it to an approximately 1,825 sf coffee shop with a drive-through located at 13432 Poway Road in the Poway Town and Country Center (Center). The Center is located at the northeast corner of Poway Road and Community Road within the MU land use district of the PRSP (Attachment B). Development of a drive-through restaurant is allowed within the MU district with the approval of a CUP and a MORA. The findings for a CUP are specified in Poway Municipal Code (PMC) Section 17.48.070 and provided in Section 2 of the resolution. The Center is approximately 8.61 acres and contains a grocery store, numerous boutique retail shops, offices, a Wells Fargo Bank, and restaurants. The Center was recently remodeled with a new Aldi 1 of 16 September 7, 2021, Item #4grocery store, a Harbor Freight, and a Chick-fil-A. The subject property is surrounded by commercial uses including Walmart to the north, Walgreens to the west, Creekside Plaza shopping center to the south, and Poway Square shopping center to the east. In addition, the subject property is located east of two multi-family residential apartments complexes (across Community Road). The proposed project includes exterior building modifications such as a new 45 sf drive-through service area, a new drive-through window canopy, the relocation of the entry doors, and a new trash enclosure at the rear of the coffee shop. The proposed elevations include a tower element on the roof that was previously approved as a part of the Aldi fac;ade remodel (Attachment C). Site modifications consist of a new drive-through lane with menu boards, directional signage, trash enclosure, electrical cabinet, a height restriction bar, seven additional parking spaces, and landscape improvements (Attachment D). The proposed landscape improvements are located at the south side of the storefront and around the proposed drive-through lane. The applicant has agreed to plant a minimum of four Crape Myrtle trees along the western portion of the proposed drive-through lane in-lieu of providing trees for the proposed rear parking spaces. The proposed drive through will only be accessed northbound off Community Road at the rear entrance (northwest driveway) to the Center. The drive-through lane will travel east behind 13414 Poway Road (Kahoots Pet Store) then will turn south between the proposed coffee shop and Kahoots Pet Store into the main customer parking lot. The drive-through lane will exit out into the main drive aisle along the storefronts that will allow drivers to make a right turn onto Community Road. The drive-through design and location are consistent with the guidelines set forth in the PRSP. A Traffic Analysis prepared by Linscott Law and Greenspan (March 25, 2021) found that the proposed project drive-through design will provide enough queueing space to accommodate anticipated drive-through operations to avoid any back-up onto Community Road. A typical drive-through queue of four to seven cars is expected during peak periods. The proposed drive-through lane can queue up to eight cars without impeding the drive aisle in the rear of the shopping center. The project proposes to remove one existing parking space near the store front and establish eight new employee parking spaces at the rear of the proposed coffee shop. With the proposed project the Center is required to provide 328 parking spaces and the new total on-site parking provided will be 354 parking spaces. · Pedestrian and bicycle through access is not proposed adjacent to the drive-through. Environmental Review: The proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) of the CEQA Guidelines, in that the project involves minor interior and exterior alterations to an existing structure. Fiscal Impact: None Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, August 26, 2021. A public notice was mailed to property owners and occupants loc~ted within 500 feet of the project site. 2 of 16 September 7, 2021, Item #4Attachments: A. Resolution B. Zoning and Location Map C. Building Elevations D. Site Plan Reviewed/ Approved By: Assistant City Manager 3 of 16 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager September 7, 2021, Item #4RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 20-008 AND MINOR DEVELOPMENT REVIEW APPLICATION 20-020 TO COMBINE AN EXISITNG RESTAURANT AND RETAIL SPACE AND CONVERT IT TO A COFFEE SHOP WITH A DRIVE THROUGH LOCATED AT 13432 POWAY ROAD IN THE POWAY TOWN AND COUNTRY SHOPPING CENTER. ASSESSOR'S PARCEL NUMBER 317-130-63 WHEREAS, Conditional Use Permit (CUP) 20-008 and Minor Development Review Application (MORA) 20-020 were submitted by Russell Stout and Associates, Inc., Applicant, and Liberty Creek B.D Partners, LLC., Property Owner, for a request to combine an existing restaurant and retail space and convert it to an approximately 1,825 square-foot coffee shop with a drive-through in the Poway Town and Country Center at the northeast corner of Poway Road and Community Road within the Mixed-Use (MU) land use district of the Poway Road Specific Plan (PRSP); WHEREAS, on September 7, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing; and WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a CUP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council finds that CUP 20-008 and MORA 20-020 are Categorically Exempt from provisions of the California Environmental Quality Act (CEQA), as a Class 1 exemption pursuant to Section 15301 (a) of the CEQA guidelines, in that the project involves minor interior and exterior alterations to an existing structure. SECTION 2: The findings for CUP 20-008, in accordance with Section 17.48.070 of the PMC, to establish a drive-through restaurant at 13432 Poway Road within the MU land use district of the PRSP, 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, including the PRSP, in that a drive-through is allowed on a property with a MU land use designation in the PRSP with approval of a CUP, and will otherwise comply with all of the relevant codes and standards of the City of Poway. 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 drive-through has been 4 of 16 ATTACHMENT A September 7, 2021, Item #4Resolution No. 21-Page 2 designed by utilizing an architectural design that is substantially consistent with the PRSP and is consistent with the drive-through guidelines contained in the PRSP. The PRSP requires that drive-through aisles be located towards the rear of the site, ingress and egress points be located on secondary streets and not on Poway Road, drive-through aisles be screened or buffered, the circulation designed to minimize conflicts between pedestrians and vehicles, and directional signage to be utilized to enhance on-site circulation. The proposed use will be operated such that it will be compatible with the surrounding businesses within the commercial center. 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 minor interior and minor exterior alterations to an existing building. Additionally, the proposed drive-through will be operated such that it 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 drive-through has been designed to be consistent with the drive-through guidelines contained in the PRSP. F. The establishment of a drive-through coffee shop will not adversely impact the capacity and physical character of the surrounding streets and/or the Transportation Element of the General Plan in that the project has been designed to handle the queueing of vehicles in the drive-through lane proposed and will not impact traffic flow of the adjacent Community Road. G. The site is suitable for the type and intensity of use or development that is proposed in that the drive-through lane will be operating from the rear to the front of existing shopping center buildings and will not impact the circulation of the developed site. 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 meet development standards and result in a new drive-through coffee shop within an existing shopping center. I. There are no relevant negative impacts of the proposed use in that the use is conditionally permitted and traffic is shown to not be a significant impact. J. A drive-through is allowed in the MU land use district of the PRSP area with the approval of a CUP. Therefore, 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 on a previously developed property 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 conditionally permitted use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance), in that the proposed use is a conditionally permitted use and has been designed such that it will not result in significant traffic or other 5 of 16 September 7, 2021, Item #4environmental impacts. Resolution No. 21-Page 3 SECTION 3: The findings for MORA 20-020, in accordance with PMC 17.52 Purpose of Development Review, are made as follows: A. The project has been designed by utilizing an architectural design that is substantially consistent with the PRSP 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 MORA would not be materially detrimental to the public health, safety, or welfare within the community in that the proposed coffee shop and drive-through is a conditionally permitted use that is in the MU land use district of the PRSP. There are no anticipated impacts associated with the proposed coffee shop and drive-through related to traffic, noise, or odor. 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 matches the existing materials (tower element has been previously approved). 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 General Plan and the PRSP. SECTION 4: The City Council hereby approves CUP 20-008 and MORA 20-020 as shown on the approved plan incorporated herein by reference and stamped as "Exhibit A" and dated June 15, 2021 on file in the Development Services Department, except as noted herein, 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 6 of 16 September 7, 2021, Item #4Resolution No. 21-Page 4 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. B. Approval of this CUP 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. This CUP approval shall be in substantial conformance with the approved plans stamped as "Exhibit A" with minor modifications permitted by the Development Services Director. 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. D. 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. E. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. F. The conditions of CUP 21-008 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. G. CUP 21-008 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. H. The conditions of CUP 20-008 and MORA 20-020 shall remain in effect for the life of the subject property and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. I. Prior to opening of business, the Applicant shall apply to obtain a Business Certificate through the Customer Services Department of the City of Poway. Prior to a business Certificate, the Applicant shall comply with the following: 1. 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. 2. Any signs proposed for the coffee shop and drive-through shall be designed in accordance with the Sign Ordinance. The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation. J. Prior to issuance of a Building Permit, the Applicant shall obtain approval of a Grading Permit. Compliance with the following conditions is required prior to issuance of the Grading Permit: 7 of 16 September 7, 2021, Item #48 of 16 (Engineering) Resolution No. 21-Page 5 1. Submit a precise grading plan for the development of the lot 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 technical studies as required by PMC Chapter 16 shall be submitted. The Applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule. 2. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development. 3. A drainage study addressing the impacts of the 100-year storm event prepared by a licensed 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. 4. 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 Standard Development Project and will be subject to all City and State requirements. A Standard Project Storm Water Quality Management Plan (SWQMP) is to be submitted, consisting of the forms listed in the Poway BMP Design Manual, Section 8.1.1. 5. Grading securities shall be posted with the City prior to grading plan approval per PMC Section 16.46.080. A minimum cash security of $2,000 is required in all instances. 6. The Applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 7. Following approval of the grading plans, posting of securities and fees, and receipt of four copies 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 along with four copies of the approved grading plans. The Applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 8. 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. 9. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land September 7, 2021, Item #4Resolution No. 21-Page 6 surveyor or licensed civil engineer and delineated with lathe and ribbon. 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. (Traffic Division) 10. A striping plan must be included with grading plan submittal. Include "Keep Clear" striping and signage at the entrance to the parking areas and truck access areas to prevent vehicles from blocking access to these areas. (Planning) 11. Pursuant to the approved project site plan, a minimum of 328 on-site parking spaces shall be provided pursuant to the proposed added parking spaces shown on the approved project plans on file in the Development Services, Planning Division. 12. The Applicant shall install a minimum of four (4) 24-inch box trees, approximately 20 feet apart along the drive-through lane and store front, including number, species, and sizing, to the satisfaction of the Development Services Director. 13. "Keep Clear" striping and signage shall be installed along the driveway aisle where queued cars could potentially block traffic access in and out of the parking areas and truck access to the back of the building. 14. Pursuant to the approved project site plan, the additional eight (8) employee parking spaces shall be painted with double stripes and have a minimum dimension of 8.5-feet by 18.5-feet. 15. 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) 16. 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: 9 of 16 1. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. September 7, 2021, Item #410 of 16 Resolution No. 21-Page 7 2. The site shall be developed in accordance with the approved plans stamped as "Exhibit A" 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 shall be in accordance with the Uniform Building Code, the City Grading 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. The 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. Two copies of certification of line and grade for the lot, prepared by the civil engineer of work. b. Two 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. The property owner shall execute an approved Storm Water Trash Facilities Maintenance Agreement (SWTFMA) accepting responsibility for all structural Best Management Practices (BMPs), perpetual maintenance, repair, and replacement as outlined in the Operations and Maintenance Plan. The SWTFMA requires an easement granted to the City of Poway. The Applicant shall submit 8.5 by 11-inch exhibits of the legal description, site plan, operations and maintenance plan, and easement plat and legal (if applicable) to the project engineer for approval. 7. The Applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. (Planning) 8. The proposed project will result in the removal of one (1) on-site tree. A Tree Removal Permit shall be obtained in accordance with the City's Urban Forestry Ordinance. 9. 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. September 7, 2021, Item #4Resolution No. 21-Page 8 10. The building plans shall include details for all exterior lighting to demonstrate conformance with PRSP Section 4.6 and PMC Section 17.10.1 SO(H), including, but not limited to, reflecting light downward, away from any road or street, and away from any adjoining residential development and providing lighting at building entrances with appropriately scaled light fixtures. Lighting shall be maintained in compliance with City standards by the Applicant for the life of the project. 11. Signs proposed for this development shall be approved under a separate Sign Permit. 12. 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, Community Road and Poway Road, to the satisfaction of the Director of Development Services. 13. 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: 11 of 16 1. Additions and/or changes to the cookline and/or required hood & duct fire suppression system shall be approved by the Poway Fire Department via separate plan submittal. 2. Rack storage in excess of eight feet in height requires a building department permit for installation. 3. Minimum 2A:20BC fire extinguisher required for every 3,000 sf and 75-foot travel distance. 4. The building's fire sprinkler and automatic fire alarm systems shall meet PMC requirements. Relocation of six or more sprinkler heads shall require a separate plan submittal and approval by the fire department. Advisory The Applicant is encouraged to evaluate the underground components of the fire sprinkler system. The City of Poway requires that anytime an underground water supply system for an existing fire protection system fails, including maintenance, testing, and seismic failures, the fire protection system shall be retrofitted with backflow protection devices. 5. The existing fire sprinkler system shall remain operational at all times. During approved periods of time when the system is out of service, a Fire Department-approved Fire Watch shall be established and maintained. 6. Display approved addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and a size approved by the City. September 7, 2021, Item #4Resolution No. 21-Page 9 7. Approved with the understanding that obstruction of Fire Department required fire lanes is a violation of the PMC and is prohibited. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 8. Approved with the understanding that the Fire Department shall perform a New Business Fire & Life Safety Inspection at which time compliance with fire & life safety codes shall be determined. This may require issuance of annual operating permits per the PMC. M. Prior to issuance of a Certificate of Occupancy: (Engineering) 12 of 16 1. The Applicant shall install approved trash treatment devices per the Storm Water Trash Facilities Maintenance Agreement to the satisfaction of the Engineering Inspector. 2. 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. 3. All utility services shall be installed and completed by the Property Owner and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground. 4. 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. 5. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 6. 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. 7. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per PMC Section 16.52.1308 of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 8. The site shall be developed, and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. September 7, 2021, Item #4Resolution No. 21-Page 10 N. Upon establishment of the proposed use, pursuant to CUP 20-008 and MORA 20-020, 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 hand held menu order pads at the entrance of the drive-through lane when queuing exceeds eight cars. 2. The parking areas and driveways shall be well maintained. 3. All existing lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises. 4. No loudspeaker or order speaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone or electric bell or chime system. 5. All landscaping shall be adequately irrigated and permanently and fully maintained by the Property Owner at all times. SECTION 5: The approval of CUP 20-008 and MORA 20-020, shall expire on September 7, 2023, 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/MORA 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 at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of September, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 13 of 16 September 7, 2021, Item #414 of 16 RA CG ,------' I TC I _J_ -----Mixed Use City of Poway 1· Zoning/ Location Map Item: CUP20-008 and MDRA20-020 ~ NORTH 0 500 ~~--~~~~~ Feet 125 250 ATTACHMENT B September 7, 2021, Item #4OJ !mTIN6....,.,~-•-~10- [a] ••,...J11W.Lt l'MNll't'N8111oc.QMTO~ (ID!mTIN6-•--..010- B)t>8TIN6......,.,!>llf_fO_ @J!•TIN6..,._NO_/_....,f0_ [!) ~~=«.,..~Jlm.1.Y"OOOlt.a&~ tl!IIIIZ"l"'NOft .. DHM.9• 4/,.,_.J CT]e_....,._.-10_ ~ IJafllloDOOIITO-NL.DIOltU'f. N'LLONIMl,ATIWfflldl. 6) !Jll.fllllM.AMBfflt'f .. Jl1~TD-....,,._.. @-•-•-10•-- [ill IJl'ITM PWJ. TO -~ f'OII lel OOOlt. 11!e 9 / MJ §J IJftTN ~TO•~ POil tell OfllW nAI ,of# tllf. 1!21 l>8TIN6 -Itel> 10•--[B) ..,,_. 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N ~g~ ocn ::! 11< '-1.l ~ 0 u Q~ w() 1~ -~ i~ ~Ii ~~ ll_ __________ ----;::=::J-=:=-==-=-===--:-:-:=-=-=-==---=-=--=-=-=-=--:-------~ PROPOSED NORTH (REAR) ELEVATION -w ■l'-0'02)1 PROPOSED Y"IEST (SIDEl ELEVATION A-4.0 -..... l'0'(-4 )I ~ September 7, 2021, Item #4l> -4 -4 l> n :c s: m z -4 C 0 <( 0 ~ ~ z ::> ~ ~ 0 (.) ~ •= I I I I I I ll!!!c.-tJl'()llt"ll. l'IIOl'l!ltTYL"'6, --•D111T-. = -~«\\ POWAY ROAD _,. -$ [J] _,,_ __ ,..,._ e,e,.._~TCINVl!;Al9LH I .. ~. § @I em,...~~ 1111<1ND ,._ -·• 1-----1 Bl em,._--.-~ ,.ID, ~TN'I! ~ @) ==~NTHHe....rOftTIQC.TN'l!_l 1~ ~ ~: = =:-' ~ ~ ~y "™ * .. ~~~:· * ne c;.1'N' er~,. MNCol"AL c.coe ~ e.a..D40. 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Te. -GML-. lgj l"IOU-TO..e/'D,"DO""'aoc;oi:-r § IO'l9'4'~x••f11>1!x,.4'_Pl'M!.,_ 0ttOl!IC.TIONAL-.THel'IIOl'l!ltTY-19 __ .,...,..~-- (~-002/ NO l'OU.Orl5c;JTY Of'...,...,. _,,.AL c:ow.-n.40.240. _,, __ _ ~N11f!!P\8..IG~~MYll'ILL.llleGl.lllll!A --T. KEYNOTES IHCffltt~ ■:N ICN4001!I --__ ...., ALI>! ~-POSTA&.AHCX GPIIGB.l.-""""y.....,. ...... ~ ~ 1.0009" ,.,.,., .. "·"'" If' 21.M'llf' 9.240 If' ,...., .. ~ .. MQ,r -..r. ........ ,,00,,., l!PtW I P"fcr: MZYKn Qo,Q VI Htl(IILOCI< 1.8009" NNMU...-.. 'IOC),r rlbbtr""!t9 1ap;,r ♦.100 91' / 290 • 21.6 !"CPIC"& I Ql'NTN I ~1nc,o OQQQ ,rJ A.TA~ N('f'& 21)1,0 91' PP!!/li,Affl mJ,:aoo,,u CAIN /PmW• l I/ OPT I ~--ta2911' 1629 tlTHeHIXYOtU<T'IOOlf' 'IOO GfNDRMOH ~II' ..arO ll0IN> Tl&!! 9.-.0 If' 9.MO -9.000 II' 9.000 GHGK-flL .. A 4.,...IP 4.,... @ .. ,itiaJ/l90•9.5 TOTAL"NOK ... -,. __ l!mTN -Al>Dl!I> TOTM..~,.AIIIK.N -·-,.., .. --·---·- 1, i .I ,_,! . a . iI: 5 i::: ai Oo ffi< ~ E-< Ill <i: zz u Ill <i: • u ,-.l >->----< ~~~ zo 0.. ~z 8~ 0 0~ < Z~o <i:::C: ~ z E-< >-:3: Ill< o::: :3: E-<~ 0 >-0 0.. ..i:0.. N :3'.a5 ~ ocn 0-.~ tt 0 u n ..... ·-~ el .\ 30x42rsa-tb.dwg " -PROPOSED SITE PLAN -,1••-@ PARKIN<$, REGUIREMENTS 01?0 :!.:!