Res P-03-03RESOLUTION NO. P-03-03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 87-04(M)
AND DEVELOPMENT REVIEW 87-07(R)
FOR THE EXPANSION OF THE
KENTUCKY FRIED CHICKEN DRIVE-THROUGH RESTAURANT
WHEREAS, on July 31,1987, the City Council approved Conditional U 187-
04 and Development Review 87-07 for a drive-through restaurant at the property located at
12660 Poway Road in the Poway Road Specific Plan area pursuant to Resolution No. P-
87-39; and
WHEREAS, applications for a Modification to Conditional Use Permit 87-04 and a
· ' to Development Review 87-07 were submitted by Syed Hameed, applicant, to add
a 400-square-foot walk-in cooledfreezer, a tower element, and a trellis to the existing
Kentucky Fried Chicken drive-through restaurant located at 12660 Poway Road within the
Albertson's Center Specific Plan area (SP 02-01 ) located in the Community (CB)
Zone of the Poway Road Specific Plan area, and
WHEREAS, on January 14, 2003, the City Council held a duly advertised public
hearing to solicit Is from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The City Council finds that this project is Categorically Exempt from the
California Environmental Quality Act as a Class 1, pursuant to Section 15301(e) of the
CEQA Guidelines, in that it involves the addition to an existing structure less than 50
percent of the existing floor area.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for the modification to Conditional U 187-04 to add a 400-sq ~ I walk-in
cooler/freezer, a tower element, and a trellis to the existing Kentucky Fried Chicken drive-
through restaurant located at 12660 Poway Road within the Albertson's Center Specific
Plan area (SP 02-01 ) located in the Community (CB) Zone of the Poway Road
Specific Plan area, are made as follows:
The location, size, design, and operating characteristics of the proposed enlarged
drive-through restaurant is in accord with the title and purpose of Chapter 17.48 of
the Poway Municipal Code (Conditional Use Permit Regulations), the purpose of the
Albertson's Center Specific Plan, the Poway Road Specific Plan, the CB zone, the
City General Plan, and the development policies and standards of the City in that
drive-through restaurants are allowed with a Conditional Use Permit, the project will
not significantly impact traffic circulation or parking, and the facility has been
designed and sited such that it will be compatible with the surrounding development.
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Resolution No. P-03-03
Page 2
The location, size, design, and operation characteristics of the proposed enlarged
drive-through restaurant will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structure, or natural
in that the facility will be located within an existing parking lot, and has
been designed and sited such that it will not result in visual impacts to the
surrounding ry.
The proposed enlarged drive-through restaurant is in harmony with the scale, bulk,
coverage, and density of, and' Ient with, adjacent uses in that the design of
the proposed facility is consistent and complimentary to surrounding buildings.
There are adequate public facilities, and utilities available at the subject
site to serve the proposed enlarged drive-through restaurant.
There will not be a harmful effect upon the desirable surrounding property
characteristics in that the design of the proposed facility is consistent and
complimentary to surrounding buildings within the Albertson's Center and design
elements of the Poway Road Specific Plan has been incorporated.
The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the applicant will be required to pay a
traffic mitigation fee, and in that a parking analysis has determined that the on-site
parking is adequate and meets the zoning code req Is.
The site is suitable for the type and intensity of use and development which is
proposed in that the proposed enlarged drive-through restaurant is located along
Poway Road, a major arterial, and within an existing developed shopping center.
There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed enlarged drive-through restaurant is located on a
previously developed property and does not involve the removal of natural habitat
resources.
There are no relevant negative impacts associated with the proposed enlarged
drive-through restaurant that cannot be mitigated.
That the potential impacts, and the proposed location, size, design and operating
characteristics of the proposed project will not be materially injurious to properties
or improvements in the vicinity, nor be contrary to the adopted General Plan, in that
the enlarged drive-through restaurant has been designed and sited such that it will
not result in visual impacts, and will bring the existing building closer in compliance
with design standards of the Poway Road Specific Plan.
Resolution No. P-03-03
Page 3
The proposed enlarged drive-through restaurant will comply with all the applicable
p ' ' of Chapter 17.48 of the Poway Municipal Code in that the facility has
been designed and sited such that it will not result in visual impacts.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
for Development Review 87-07(R) to add a 400-square-foot walk-in cooler/freezer, a tower,
and a trellis to the existing Kentucky Fried Chicken drive-through restaurant located at
12660 Poway Road within the Albertson's Center Specific Plan area (SP 02-01 ) located in
the Community Business (CB) Zone of the Poway Road Specific Plan area, are made as
follows:
The proposed project is an expansion of an existing drive-through restaurant, which
will not adversely affect the existing parking, and queuing capacity of the
establishment. The proposed addition will be built on a previously disturbed site that
is currently used for a trash landscaping, and parking. Existing
landscaping along Poway Road will continue to provide screening of the drive-
through lane. The proposed addition will incorporate design elements consistent
with the Poway Road Specific Plan. Therefore, the project respects the
interdependence of land values and aesthetics to the benefit of the City.
The drive-through addition and exterior modifications will incorporate wood trellis,
roof rafters, and windows consistent with the design guidelines of the Poway Road
Specific Plan and the architecture of the existing Albertson's Center. Therefore, the
proposed use does not conflict with the orderly and h app of
structures and property within the City, along with associated facilities, such as, but
not limited to signs, landscaping, parking areas and streets.
Public facilities, services, and utilities are available. The proposed addition will not
affect parking availability of the Albertson's Center. Adequate parking consistent
with the Zoning Code req ls will be provided. The existing drive-through
provides adequate queuing spaces without affecting circulation of the parking lot.
Therefore, the proposed project does not detract from the maintenance of the public
health, safety, and general welfare, and property throughout the City.
The drive-through addition is designed to minimize visual impacts of the
approximately 100-foot long walls on the surrounding I development by
incorporating a trellis, two faux windows, and stucco to break a split face block
surface. The design, colors, and material compliment the existing Albertson's
Center. The proposed development respects the public concerns for the aesthetics
of developments.
The proposed project will meet the required design regulations, and will otherwise
comply with all of th [ codes and standards of the City of Poway. Therefore,
the proposal does not have an adverse aesthetic, health, safety, or architecturally
related impact upon existing adjoining properties, or the City in general.
Resolution No. P-03-03
Page 4
The proposed project will comply with all of the provisions of the Zoning Ordinance,
and the General Plan.
Section 4: The findings, pursuant to G I Code Section 66020 for public
imp Is, are needed as a result of the proposed development to protect the public
health, safety, and welfare are made as follows:
The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
ry facilities will be available to serve this project. The construction of public
imp ts is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below:
In accordance with the Poway General Plan, the project requires the
payment of traffic mitigation fee to finance public infrastructure
improvements, which promote a safe and healthy environment for the
residents of the City.
Section 5: The City Council hereby approves CUP 87-04(M) and DR 87-07(R) to add a
400-square-foot walk-in cooler/freezer, a tower element, and a trellis to the existing
Kentucky Fried Chicken drive-through restaurant located at 12660 Poway Road in the
Community Zone and within the Poway Road Specific Plan area, as shown on
the plans dated November 26, 2002, subject to the following conditions:
Approval of this CUP/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'
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Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2) the property
owners shall execute a Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
to int lh th ~)1 d enjoyment of surrounding uses.
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The conditions of CUP 87-04(M) and DR 87-07(R) shall remain in effect for the life
of the subject drive-through restaurant, and shall run with the land and be binding
upon future owners, heirs, and transferees of the current property
owner.
CUP 87-04(M), and any revision thereto, may be subject to annual review as
determined by the Director of Development Services for compliance with the
conditions of approval and to address that may have been raised during
the prior year.
Resolution No. P-03-03
Page 5
Conditions of approval listed in Resolutions No. P-87-39 approving CUP 87-04 and
DR 87-07 are fully incorporated herein by this reference.
The applicant shall obtain a Building Permit prior to installation of the facility. Prior
to ' of a Building Permit, the applicant shall comply with the following:
The applicant shall comply with the latest adopted Uniform Building Code,
and all other applicable codes and ord' . l at the time of building
permit issuance.
The applicant shall obtain ry permits from San Diego County
Iai Health Department.
The building plans shall be in accordance with the approved plans dated
November 26, 2002, for CUP 87-04(M) and DR 87-07(R), and on file in the
Development Services Department, along with the conditions contained
herein.
Details of any new exterior lighting shall be included on the building plans,
including fixture type and design. All new exterior lighting fixtures shall be
Iow-pressure sodium, and designed such that they reflect light downward and
away from streets and adjoining properties pursuant to Poway Municipal
Code Section 17.08.220.L.
The building plans shall include elevations and cross sections that show all
roof appurtenances, including air conditioning, architecturally integrated,
:1 from view, and sound buffered from adjacent properties and
streets, to the satisfaction of the Director of Development Services.
L ~ above the doors shall be extended across the entire trellis
structure on the west elevation.
A trash recept hie to those waiting in the drive-through line shall
be shown on the building plans and installed.
The ext hall be earth tone and consistent with the color scheme
of the surrounding shopping center and major tenants to the satisfaction of
the Director of Development Services.
Complete landscape construction documents for new landscaping other than
in-kind replacement shall be submitted to and approved by the Planning
· ' ' Landscape plan check deposit is required upon submittal of the
plans. Plans shall be prepared in accordance with the City of Poway Guide
to Landscape Requirements (latest edition).
10.
Resolution No. P-03-03
Page 6
The trash enclosure shall not exceed 6 feet in height and shall be
constructed using split face block to match the existing restaurant building
and solid gates.
11. A traffic mitigation fee of $5,082.00 shall be paid to the Engineering Division
based on the addition of 400 square feet.
Prior to obtaining a final inspection on the Building Permits and/or release of
p d payment securities, the applicant shall comply with the following:
The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the condit' Iained herein.
A final inspection from the appropriate City Departments will be required.
Install new street number or refinish existing street numbers to be more
noticeable.
Upon establishment of the revised drive-through facility, pursuant to CUP 87-04(M)
and DR 87-07(R), the following shall apply:
All facilities and related equipment shall be maintained in good repair. Any
damage from any cause shall be repaired as soon as reasonably possible so
as to ' ' of dangerous conditions or visual blight.
All lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining premises.
The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
All landscaping, including lhin the adjacent public right-of-way, shall
be adequately irrigated and permanently and fully maintained by the owner at
all times.
The parking areas, driveways, and drive-through lane shall be well
maintained.
Any signs proposed for this development shall be designed and approved in
conformance with the Poway Municipal Code and require the approval of a
separate sign permit.
The drive-through loudspeaker shall be set at a volume that would not
adversely impact nearby b
Resolution No. P-03-03
Page 7
Section 6: The approval of CUP 87-04(M) and DR 87-07(R) shall expire on January 14,
2005, 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 approval has commenced prior to its
expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 14th day of January 2003.
ATTEST:
L~ri n~e PeSo ple~, Ci[y~rJk
Michael P. Cafag .~__~or
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-03-03 , was duly adopted by the
City Council at a meeting of said City Council held on the 14th day of January 2003, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~ne Peo,.les, L;it. lerk
City of Poway