Res 23-050RESOLUTION NO. 23-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 22-0006 AND DEVELOPMENT REVIEW 22-0005 FOR
THE CONSTRUCTION OF A DRIVE -THROUGH RESTAURANT
LOCATED AT 12665 POWAY ROAD; ASSESSOR PARCEL
NUMBER: 317-490-1400
WHEREAS, Conditional Use Permit (CUP) 22-0006 and Development Review (DR) 22-
0005 were submitted by Jay Higgins, applicant, for a proposal to demolish the existing 5,022-
square-foot commercial building located at 12665 Poway Road in the Commercial Office (CO)
land use district of the Poway Road Specific Plan (PRSP) area and to redevelop the site with a
3,144-square-foot drive -through restaurant building and outdoor dining space;
WHEREAS, on October 3, 2023, the City Council held a duly advertised public meeting to
solicit comments from the public, both for and against, relative to this application; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
Conditional Use Permit request and has considered other evidence presented at the public
meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: This project replaces an existing commercial building with a new restaurant
and is substantially consistent with the PRSP. An Environmental Impact Report (EIR) was
prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the
PRSP and certified by the City Council on December 5, 2017. This project is substantially
consistent with the PRSP including its development standards and guidelines that were analyzed
in the EIR. A traffic and parking analysis technical study was prepared that confirmed there are
no substantial changes to either the project or surrounding circumstances, nor any new
information that would require subsequent or supplemental environmental review pursuant to
Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163.
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), to approve CUP 22-0006, 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 within the CO land use district of
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 all business operations will occur
inside the proposed drive -through restaurant with parking and circulation occurring within
the parcel boundaries.
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C. The proposed use is in harmony with the scale, bulk, coverage, density of, and is
consistent with, adjacent uses in that the project involves the demolition of the existing
5,022-square-foot commercial building and the construction of a smaller new 3,144-
square-foot drive -through restaurant.
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 in that the project has
been designed to be consistent with the drive -through guidelines contained in the PRSP.
F. The establishment of a drive -through restaurant 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 proposed drive -through lane and will not impact traffic flow on Ipai Waaypuk Trail or
Poway Road.
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 commercial building that
is being replaced on the site and the project has been designed to handle onsite drive -
through traffic. Additionally, parking for the use will be accommodated onsite.
H. There will not be significant harmful effects upon the environmental quality and natural
resources in that the site was previously graded, paved and fully developed and contains
no natural habitat. Archaeological monitoring shall be conducted during ground -disturbing
activities to ensure that if buried cultural materials, either historic or prehistoric are present,
they will be handled in a timely and proper manner.
There are no relevant negative impacts of the proposed use that cannot be mitigated.
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 in the vicinity, nor be
contrary to the adopted General Plan.
K. The proposed conditional 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 environmental impacts.
SECTION 3: The findings for DR 22-0006, 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
Resolution No. 23-050
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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 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 22-0006 and DR 22-0005 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.
B. 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 developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08)
requirements that govern construction activity and noise levels.
E. The conditions of CUP 22-0006 and DR 22-0005 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.
F. CUP 22-0006 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.
G. Prior to opening of business, the Applicant shall apply to obtain a Business Certificate
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through the Customer Services Department of the City of Poway. Prior to a business
Certificate, the Applicant shall comply with the following:
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 restaurant 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.
H. 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:
(Engineering)
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', utilizing the vertical datum NAVD88,
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% 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 Chapter 16 of the Poway Municipal
Code 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 Priority Development Project
and will be subject to all City and State requirements. A final Storm Water Quality
Management Plan (SWAMP) prepared by a registered Civil Engineer is to be
submitted and approved. The applicant will be required to install approved trash
treatment control devices and include these facilities in the SWAMP.
a. Property owner shall execute an approved Storm Water Management Facilities
Maintenance Agreement (SWFMA) accepting responsibility for all structural
Best Management Practices (BMP) maintenance, repair and replacement as
outlined in the Operations and Maintenance plan. The easement, operation
and maintenance requirements shall be binding on the land as outlined in
Chapter 16.104 of the Poway Municipal Code.
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b. Provide one copy of each of the exhibits necessary for the SWFMA. Exhibits
shall include but are not limited to: Property and Easement Legal Descriptions,
Site Plan, and an Operation & Maintenance (O&M) plan in accordance with
Chapter 16.104 of the Poway Municipal Code.
c. Upon approval of the SWQMP, provide a PDF version.
5. Grading securities shall be posted with the City prior to grading plan approval per
section 16.46.080 of the Poway Municipal Code. A minimum cash security of
$2,000 is required in all instances.
6. The applicant shall pay the stormwater 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. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" _
20', utilizing vertical datum NAVD 88, unless otherwise approved by the City's
project engineer, in accordance with the submittal and content requirements listed
in the Poway Municipal Code shall be approved. Submittal shall be made to the
Department of Development Services Engineering Division for review and
approval. The improvement design shall be 100% complete at the time of submittal
and ready for approval. The improvement plan shall include, at a minimum, the
following features:
a. New sidewalk, curb and gutter along the west side of Ipai Waaypuk Trail
connecting to the existing sidewalk on the west side of the cul-de-sac.
b. New driveways (one on Poway Road and one on Ipai Waaypuk Trail).
c. Replacement of the existing driveways with sidewalk, curb, and gutter.
d. New streetlight on Ipai Waaypuk Trail.
e. Water and sewer services to the property line.
f. The abandonment of any existing utility stubs to the project site that are not
utilized with this development.
g. Transformers and other above ground utilities must be placed outside of the
sight visibility triangle as specified in the Poway Municipal Code 17.22.100.C.
9. The public improvement plan shall be reviewed and approved to the satisfaction
of the City Engineer. Upon approval of the improvement plan, the applicant shall
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enter into a Standard Agreement for public improvements for the work to be done
as part of the Public Improvement plan. The applicant will be responsible for
posting securities for monumentation and public improvements.
10. Any existing and proposed public easements, dedications shall be depicted on the
grading plans. Any proposed public easement dedications shall be submitted via
separate easement submittal process prior to grading permit issuance. Public
dedications include the ten -foot dedication required to the west of the existing Ipai
Waaypuk Trail right-of-way. A plat and legal, title report, and applicable fee shall
be submitted.
11. 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.
12. Any private improvements within any publicly 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.
13. 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
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)
14. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" =
20', utilizing vertical datum NAVD 88, unless otherwise approved by the City's
project engineer, in accordance with the submittal and content requirements listed
in the Poway Municipal Code shall be approved. Submittal shall be made to the
Department of Development Services Engineering Division for review and
approval. The improvement design shall be 100% complete at the time of submittal
and ready for approval. The improvement plan shall include, at a minimum, the
following features:
a. Ipai Waaypuk Trail fronting the project area shall be widened to its ultimate
half -section width. This includes a 21-foot paved roadway to allow for parallel
parking and minimum 4-foot sidewalk.
15. The public improvement plan shall be reviewed and approved to the satisfaction
of the City Engineer. Upon approval of the improvement plan, the applicant shall
enter into a Standard Agreement for public improvements for the work to be done
as part of the Public Improvement plan. The applicant will be responsible for
posting securities for monumentation and public improvements.
16. A 10-foot public right-of-way dedication along the east property line, adjacent to
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the Ipai Waaypuk Trail right-of-way shall be dedicated for the widening
improvements. Public dedications shall be submitted via a separate easement
submittal process prior to grading permit issuance. A plat and legal, title report,
and applicable fee shall be submitted.
17. Prior to the 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)
18. Archaeological monitoring shall be conducted during ground -disturbing activities
to ensure that if buried cultural materials, either historic or prehistoric are present,
they will be handled in a timely and proper manner. Written verification shall be
provided to the Planning Division that a qualified archaeologist has been retained
to implement the monitoring program. Provide documentation from the contracted
archeologist advising of commitment to work on the project in accordance with the
archeological report dated September 2, 2022, prepared by Terracon. Be advised
that the contracted archeologist is required to attend the pre -construction meeting
when the project grading permit is to be issued.
In the event unanticipated, buried prehistoric archaeological resources (lithic
material, faunal, pottery, etc.) or historical archaeological resources (ceramics,
building materials, glassware, etc.) be unearthed during construction or any ground
disturbing activities within the project footprint, resource treatments would become
necessary. Once a potential resource has been identified, all work within 100-feet
must be halted until the find can be assessed by a qualified archaeologist.
19. Label and dimension all surface improvements (e.g., walkways, patios, landscape
areas). The grading plan shall indicate the location of the projects required trash
enclosure area. The area shall be an adequate size to accommodate recycled
material and composting bins in addition to the trash dumpster.
20. The grading and improvement plans shall show all existing trees on the site and
call out if they are proposed to remain or to be removed.
21. A Tree Removal Permit shall be obtained prior to the removal of all existing trees.
A separate permit is required for trees within the public right-of-way and trees
located on private property. The removal of both public and private trees shall
conform to Chapter 12.32 (Urban Forestry) Articles II and III of the PMC. If the
trees are proposed to be removed during the recognized nesting season for birds
(February 15 through August 15), a nesting bird survey shall be conducted by a
qualified biologist and report the findings in writing to the City. Between February
15 and August 15, removal of trees containing nests shall be delayed until such
time as the nest(s) have been abandoned unless the removal can be completed in
accordance with California State codes and the Federal Migratory Bird Treaty Act
of 1918.
22. Landscape and irrigation on -site and within the right-of-way fronting the property
shall be provided in accordance with the PSRP and the Poway Landscape and
Irrigation Design Manual. Plans shall be submitted and a minimum of one staff
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review shall be completed prior to issuance of a grading permit and/or
improvement plan. The landscape and irrigation plans shall demonstrate
compliance with the City of Poway Landscape and Irrigation Design Manual, PMC
Chapter 17.41, and all other applicable standards in effect at the time of landscape
and irrigation plan check submittal. 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.
a. A minimum of one 15-gallon tree, per City specification, shall be provided for
every three parking spaces except for parking spaces adjacent to the east side
of the proposed building. Tree wells may be used to satisfy the parking lot tree
planting requirement. Said trees shall be located to provide shade cover for
the vehicles where practical.
b. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one
(4:1).
c. Street trees shall be provided along Poway Road and Ipai Waaypuk Trail in
accordance with landscape design manual.
d. The landscape plan shall incorporate any replacement trees required by
approved Tree Removal Permits.
e. The plans shall include shrubs to provide screening of the parking areas as
seen from adjacent public streets.
f. The landscape plans shall include safety screening fence between the queuing
aisle and the right-of-way on Ipai Waaypuk Trail to the satisfaction of the
Director of Development Services
g. Calipers, heights, and spreads at 15-year maturity shall be specified on the
landscape plan and shall be to the satisfaction of the Development Services
Director.
The applicant shall obtain a Building Permit associated with the proposed project. Prior to
issuance of a Building Permit, the applicant shall comply with the following conditions:
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.
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)
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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. 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 applicant shall pay all applicable development impact fees according to the
latest adopted master fee schedule at time of permit issuance.
(Traffic)
7. The Final Traffic Management Plan reflecting the different phases and queuing for
the site shall be submitted and approved to the satisfaction of the City Engineer
prior to Building Permit issuance.
8. The landscape plans shall include safety screening fence between the queuing
aisle and the right-of-way on Ipai Waaypuk Trail to the satisfaction of the Director
of Development Services.
(Planning)
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.
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 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 reviewed for compliance with the
City PMC section 17.40 for Comprehensive Sign Regulations and shall be
approved under a separate Sign Permit.
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12. All roof appurtenances including air conditioners, shall be architecturally
integrated, screened from view, and sound -buffered from adjacent properties and
streets as required by the Planning Division.
13. Exterior building materials and finishes shall reflect the approved elevations on file
in the Development Services Department and the conditions contained herein to
comply with the PSRP design guidelines to the satisfaction of the Director of
Development Services. The proposed metal panels shall not be reflective material.
The faux window glazing shall be replaced with wood or brick treatment consistent
with the remainder portion of the building. The rooftop equipment screening shall
be solid complimenting the building materials.
14. The site plan shall show that all parking stalls to be double striped.
15. The site plan shall designate two employee parking adjacent to the driveway on
the Poway Road. These parking spaces shall be striped as employee parking.
Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the
following conditions:
(Engineering)
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. 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.
3. The drainage facilities, driveway, slope planting measures, all utility services shall
be installed and completed by the property owner, and inspected by the
Engineering Inspector for approval.
4. 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.
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. 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 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)
7. Approval of this request shall not waive compliance with all sections of the Zoning
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Ordinance and all other applicable City Ordinances in effect at the time of Building
Permit issuance.
8. Landscaping and irrigation on -site shall be installed per the approved landscape
plans.
9. Prior to any use of the project site, or business activity being commenced thereof,
all conditions of approval contained herein shall be completed to the satisfaction
of the Director of Development Services.
K. The applicant shall comply with the following requirements to the satisfaction of the Fire
Department:
1. Raising Cane's is required to meet all applicable Poway Municipal Code, California
Fire Code (CFC) and Building Codes for this project.
2. Commercial type 1 kitchen hoods with mechanical ventilation exhaust, protected
by commercial kitchen fire suppression systems shall be required. Plans to be
submitted directly to the fire department for review and approval.
3. Class K and ABC fire extinguishers are required throughout per the CFC.
4. Illuminated exit signage is required throughout per the CFC.
5. Emergency exit lighting is required throughout per the CFC.
6. Fire panic hardware is required throughout per the CFC.
7. An occupancy load sign is required per the CFC.
8. A fire department Knoxbox is required with master keys per the CFC.
9. Fire lanes shall be provided and maintained per the CFC.
10. Electrical and mechanical rooms shall be identified by signage and maintained free
of any combustible storage.
11. The structure shall have an approved contrasting address number visible from the
roadway fronting the property.
12. Fire protection equipment and systems shall be identified by signage.
13. Mechanical refrigeration shall comply with the CFC.
14. Cryogenic fluids shall comply with the CFC.
15. Type 1 hood cleaning schedules shall comply with the CFC.
16. Kitchen fire suppression service schedules shall comply with the CFC.
17. Fire extinguisher service schedules shall comply with the CFC.
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18. Cooking oil storage shall comply with the CFC.
L. Upon establishment of the proposed use, pursuant to CUP 22-0006 and DR 22-0005, the
following shall apply:
1. To manage and promote efficient drive -through traffic flow during peak use hours,
the business shall implement the approved Traffic Management Plan identifying
the different phases and queuing for the site. Also, an operational practice of
posting staff with electronic handheld menu order pads at the entrance of the drive -
through lane during peak use hours.
2. The activities of the facility shall not occur in such a manner as to create adverse
impacts on the circulation and parking on surrounding public streets.
3. Delivery and trash collection times shall be according to the approved Traffic
Management Plan.
4. The parking areas and driveways shall be well maintained.
5. 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.
6. 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.
7. 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. The 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.
8. The owner or operator of the facilities shall routinely and regularly inspect the site
to ensure compliance with the standards set forth in this permit.
(Public Works)
9. Public Stormwater manhole cover must be kept exposed and accessible in the
landscaped area of the north side of property.
10. All landscaping involved with this development shall be maintained by the property
owner to a service "A" including but not limited to trees, vegetation, and irrigation.
SECTION 5: The approval of CUP 22-0006 and DR 22-0005, shall expire on October 3,
2025, at 5:00 p.m., unless, prior to that time, construction on the property in reliance on the
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CUP/DR approval has commenced.
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, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Poway, California on the 3rd day of October 2023, by the following vote, to wit:
AYES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
4"ML� I 2d! M119WI
Carrie Gallagher, CMC, City CI rk