Res 21-073RESOLUTION NO. 21-073
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 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
SHOPPING CENTER. ASSESSOR'S PARCEL NUMBER 317-
130-63
WHEREAS, Conditional Use Permit (CUP) 20-008 and Minor Development Review
Application (MDRA) 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 MDRA 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
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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.
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
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environmental impacts.
SECTION 3: The findings for MDRA 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 MDRA 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 MDRA 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
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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 MDRA 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.
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:
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(Engineering)
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
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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:
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.
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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.
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10. The building plans shall include details for all exterior lighting to demonstrate
conformance with PRSP Section 4.6 and PMC Section 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 and providing lighting at building
entrances with appropriately scaled Tight 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:
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.
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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)
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 16.52.130B 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.
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N. Upon establishment of the proposed use, pursuant to CUP 20-008 and MDRA 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
handheld 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 MDRA 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/MDRA 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: FRANK, GROSCH, LEONARD, VAUS
NOES: NONE
ABSENT: MULLIN
DISQUALIFIED: NONE
ATTEST:
Carrie Gallagher, CMC, City
erk
Steve Vaus, Mayor