Res P-90-65RESOLUTION NO. P-90-65
A OF HE CIT U CIL
OF £ TY F P WAY,
APPROV G NDI ION L USE E I 90-05
A D ELO HEN REVIE - 1
ASSES -R' PAR EL NUMBER I -4 0-57
WHEREAS, Conditional Use Permit 90-05 and Development Review 88-01, sub-
mitted by Richard Dart, applicant, requests approval of an expansion of an
existing restaurant facility which will serve alcohol, and operation of a wood
storage lot located at 12957 Poway Road, in the CG zone; and
WHEREAS, on August 28, 1990, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The City Council finds that this project will not have a significant adverse
impact on the environment and hereby issues a Negative Declaration.
Conditional Use Permit 90-05
That the location, size, design, and operating c ar cteristics of the
proposed use will be compatible with and will no aversely affect or
be materiall detrimental to ad acent uses, resi en s, buildings,
structures, r n tural The restauran w ll serve alcoholic
beverages an wi 1 be licensed y the Alcoholic everage Control Board.
The establis men of the wood s orage lot on the premises will be
viaually screene from surround ng homes and businesses by masonry
walls. The nuisance factors associated with the project have been
mitigated through conditions of approval.
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That the s ale, bulk, coverage, and density is consistent with adj cent
uses, in t at all development standards of the Zoning Development ode
are met. he project will meet the applicable property developmen
standards or off-street parking, setbacks, lot coverage, and bull lng
height.
That there are available public facilities, services, and utilities to
serve the proposed use as all facilities and services can be provided
for through the conditions of approval.
That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the physical separation between residential and
commercial uses will be adequate.
No. P-90-65
Page 2
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That the generation of traffic will not adversely
surroundin streets and/or the City's Circulation
condition f approval will require the payment of
Fees and t e construction of an expanded off-stree
the facili y.
mpact the
lement in that a
raffic Mitigation
parking lot for
That the site is suitable for the typ and intensity of use and devel-
lopment proposed in that the site is ocated in a Commercial General
zone and that a restaurant is a perml ted use in a commercial zone with
a conditional use permit where alcoho ic beverages are served.
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That there will not be significant harmful effects upon the
tal quality and natural
That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
That the impacts, as described above, and the location of the proposed
use will not adversely affect the City of Poway General Plan for future
as well as present development.
evlew 88-01
That the proposed development is in conformance with the Poway General
Plan, in that the site is designated as commercial and the restaurant
and wood storage lot are permitted uses.
That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining prop-
erties, as noted under the findings in the preceding section.
That the proposed development is in compliance with the Zoning
Ordinance, in that all development standards will be met in development
of the project.
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The roposed development en ourages the orderly and harmonious
appe rance of structures an pr petty within the Ci y beca se it
com les with the design gu del nes of the General lan an pro oses an
upd ed facade that is simi ar n size and architec urals yle o other
res aurants and cor~mercial bull ings in the City. elocat on o the
woo lot to the rear of the property will enhance t e commercia strip
along Poway Road by removing the use from view.
Section cision:
Conditional Use Permlt 90-05 and Development Review 88-01 for which plans
are on file in the Planning Services Department, are hereby approved subject
to the following conditions:
Resolution No. P-90-65
Page 3
Within 30 days of approval: (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 on Real Property.
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The office shall not be rented or lease to a separate use
without the appropriate City permits and expanded parking. No portion
of the con~nercial property shall be used as living quarters.
APPLICANT SHALL CONTACT THE DEPARTMENT OF BUILDING SERVICES REGARDING CONPLIANCE
WITH THE FOLLOWING CONDITIONS:
The total occupant load based on the square footage of seating area would
classify this building as an A-3 occupancy; all walls within 40 feet of a
property line must be of one-hour fire-resistive construction. All other
requirements of an A-3 occupancy must be met.
Parking for the disabled shall comply with Title 24, Disabled Access
Requirements {Chapter 71 of the State Building Standards Code).
3. Structural integrity of existing slab over which proposed structure will be
built must be verified prior to building permit issuance.
4. A grease hood must be provided over cooking equipment.
Restaurant office on second story must be made accessible to the disabled if
it is to remain on second story. A ramp or elevator must be provided or the
office shall be constructed to one story only.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING CONPLIARCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPNENT
The use conditionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses.
2. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Revised site plans and floor plans incorporating all conditions of approval
shall be submitted to the Planning Services Department prior to issuance of
building permits.
Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
Resolution No. p-90-65
Page 4
Approval of this request shall not waive compliance with all sections of the
Zoning Development Code and all other applicable City Ordinances in effect
at the time of building permit Issuance.
The applicant shall comply w th the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uni orm Plumbing Code, National Electric Code,
Uniform Fire Code, and all o her applicable codes and ordinances in effect
at the time of building perm t issuance.
Site development requirements for handicapped accessibility found in Chapter
71 of the State of California Building Standards Code must be adhered to.
All new buildings shall be accessible throughout.
Trash receptacle shall be enclosed by a six foot high masonry wa 1 with
view-obstructing gates pursuant to City standards. Location sha 1 be sub-
Ject to approval by the Planning Services Department. Trash eric osures
shall not be located adjacent to street frontages on or City hel easements.
Pti r to delivery of combustible building materials on site, water and sewer
sys ems shall satisfactorily pass all required tests and be connected to the
pub ic water and sewer systems. In addition, the first lift of asphalt
pav ng shall be in place to provide adequate, permanent access for emergency
veh cles. The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction
of the City.
10.
All roof appurtenances, including air conditioners, shall be architecturally
integrated, shielded from view and sound buffered from adjacent properties
and streets as required by the Planning Services Department.
11.
Puts ant to Municipal Co e Section 17.10.150(N} "All new construction and
remo eling shall be prep umbed for solar hot water heating for the common
faci itles". The provis on for solar plumbing should be shown on the
bull lng construction se .
12.
For the development, the applicant shall pay development fees at the
established rate. Such fees may include, but not be limited to: Permit and
Plan Checking Fees, Traffic Mitigation Fees, Water and Sewer Service Fees.
These fees shall be paid prior to building permit issuance.
13. Hours of operation shall be no later than 10:00 p.m.
14. This approval shall become null and void if building permits are not issued
for this project within two years from the date of project approval.
PARKZNG AND VEHICULAR ACCESS
1. All parking lot landscaping shall consist of a minimum of one 15 gallon size
tree for every three parking spaces. For parking lot islands, a minimum 12
Resolution No. P-90-65
Page 5
inch wide walk adjacent to parking stalls shall be provided and be separated
from vehicular areas by a six inch high, six inch wide portland concrete
cement curbing.
Parking lot lights shall be low pressure sodium and have a maximum height of
18 feet from the finished grade of the parking surface and be directed away
from all property lines, adjacent streets and residences.
All two-way traffic a sles shall be a minimum of 24 feet wide and emergency
access shall be provi ed, maintained free and clear, a minimum of 24 feet
wide at all times dur ng construction in accordance with Safety Services
Department requiremen s.
4. All parking spaces shall be double striped.
A 40 foot minimum setback from the ultimate right-of-way shall be maintained
before the first parking stall. This setback will allow an adequate
stacking distance and shall be landscaped.
LANDSCAPING
A detailed landscape and irrigation plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building per-
mits. Landscape Plan Check Fees shall be paid at the established rate.
Fifteen gallon trees, 20 feet on center, and shrubbery shall be installed
and maintained along the inside of the required masonry wall in a five foot
wide, raised landscape planter to provide a dense landscape screen.
3. Landscaping shall be included on the south side of the building adjacent to
the asphalt drive.
4. All landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, trash, and debris.
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11 landscape plans and landscape development will conform to the City of
oway Guidelines to Landscape Development, City of Poway Landscape
tandards, and shall be prepared by either a licensed landscape architect or
utlding architect.
SIGNS
Any signs proposed for this development shall be designed in conformance
with the Sign Ordinance. The applicant shall submit a sign application to
Planning Services Department prio to the installation of any sign.
RECREATION
The developer shall pay the Park Fee at the established rate at the date of
final inspection, or the date of the Certificate of Occupancy, whichever
occurs later.
Resolution No. P-90-65
Page 6
EXISTING STRUCTURES
The extsLlng sing home shall be prior to the issuance of
a grading permlt. The appropriate demolltlon permlt shall be obtained.
ADDITIOHAL APPR(
The conditional use permlt shall be subject to annual review by the Director
of Planning Servlces for compllance with the conditions of approval and to
address concerns that may have occurred durln the past year. If the permlt
ts n t tn compliance wlth the conditions of a proval, or If the Planntng
Serv ces Depart~ent has received complaints, he required annual review
shal be set for a public hearing before the ity Council, to consider modi-
fica 1on or revocation of the use permit.
pprov 1 o the relocation of the wood storage lot from 13036 Poway Road to
he su jec parcel is valid for a period not to exceed two years from the
ate o th s approval. The applicant shall obtain a business certificate
rom t e C ty of Poway.
Prior to the issuance of a business certificate for the wood storage lot,
all conditions of approval for that use shall be completed to the satisfac-
tion of the Directors of Safety and Planning Services.
All bu tness activities related to the wood lot located at 13036 Poway
Road s all be terminated before this site is used for the wood storage lot
and al excess lumber removed or this conditional use permit shall be sub-
mited o the City Council for
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The applicant shall enclose the wood storage area with a six foot high
masonry wall of tan slumpstone, stucco, or split face block with view-
obstructing gates.
6. The applicant shall prepare a vector control plan with a licensed exter-
minator for the wood storage lot prior to establishing the use on the site.
APPLICANT SI~ALL CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
GRADING
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and geotech-
nical report, and accepted grading practices.
The grading plan shall contain a certificate signed by a registered civil
engineer that the grading plan has preserved a minimum of 100 square feet of
solar access for each future building site within the development.
Resolution No. P-90-65
Page 7
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A soils report shall be prepared by a qualified englneer licensed by the
State of California to perform such work at first submittal of a grading
plan.
A geologlcal report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
The final grading plan shall be subject to review and approval by the
Planning Services and Engineering Services Department and shall be completed
prior to issuance of building permit.
The existing single-family home shall be demolished prior to initiation of
grading The appropriate building permits shall be obtained.
A pr -blast survey of surrounding property shall be conducted to the satis-
fact on of the City Engineer prior to any rock blasting. Seismic recordings
shal be taken for all blasting and blasting shall occur only at locations
and evels approved by the City Engineer.
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The retaining wall shown on Grading Plan G420-88 shall be reduced to a maxi-
mum 8.4 feet in hei bt. Additionally, the required eight foot high
screening masonr w ll on the south pr perty line separating the commercial
uses from existi.g omes shall be set ack at least five feet from the prop-
erty line setbac s all be densely lan scaped with trees, shrubs, and
ground cover. T e masonry wall shall e constructed of tan slumpstone,
stucco, or split face block.
STREETS AND SIDEWALKS
All damaged off-site public works facilities, including parkway trees, shall
be repaired or replaced prior to of bonds and improvements, to
the satisfaction of the Department of Engineering Services.
Prior to any work being performed in the public right-of-way, a right-of-way
permit shall be obtained from the Engineering Services office and
appropriate fees paid, in addition to any other permits required.
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The developer shall pay a pro rata share of the cost of a City approved
landscaped median along the project frontage in the amount of $3,814.50
prior to building permit issuance.
The develo er shall pay the Traffic Mitigation Fee at the established rate
at the dat the final inspection or the date the Certificate of Occupancy is
issued, wh chever occurs later, however, a security deposit shall be posted
with the C ty's Engineering Services Department prior to building permit
issuance.
5. Developer shall relocate trash enclosure outside of the City of Poway
waterline easement.
Resolution No. P-90-65
Page 8
Developer shall modify existing driveway on Poway Road to an alley apron
approach in accordance with San Diego Regional Standard Drawing G-17 with
handicap ramps.
7. Developer shall modify entrance so as to provide 40 feet of
face of curb to first on-site parking stall.
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DRAINAGE AND FLOOD CONTROL
Intersection drains will be required at locations specified by the Director
of Engineering Services and in accordance with standard engineering prac-
tices.
A drainage sy tem capable of handling and disposing of all sur ace water
originatin w thin the devel pment, and all surface waters tha may flow
onto the dve opment from ad acent lands, shall be required, aid drainage
system sba 1 nclude any eas merits and as required the
Director o Engineering Serv ces to properly handle the drainage.
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The Master Plan of Draina e F e shall be paid at he stablished rate in
accordance with the Drain e rdinance at the da e o final inspection or
at the date the certifica o occupancy is issue , w ichever occurs later;
however, a security depos s all be posted with he ity's Engineering
Services Department prior o uilding permit issuance.
4, Concentrated flows across driveways and/or
shall not be permitted.
UTILITIES
All proposed utilities within the project shall be installed underground
including existing utilities along Circulation Element roads and/or high-
ways less than 34.5 KV.
2. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Public Services.
3. The developer shall be responsible for the relocation and undergrounding of
existing public utilities prior to certification of occupancy.
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Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the Health
Department of the County of San Diego.
APPLICANT SHALL CONTACT THE SAFETY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
The buildings will be required to install an approved fire sprinkler system
meeting NFPA #13 and Fire Department standards. The entire system is to be
Resolution No. P-90-65
Page 9
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monitored by a central monitoring agency. A system post indicator valve
with tamper switch, also monitored, is to be located by the City Fire
Marshal prior to installation.
The required on-site fire hydrant shall be moved seven feet off the face of
the curb to provide clear sidewalk access.
The building shall d splay its numeri address in a manner visible from
the Poway Road. Bui ding address sha 1 also be displayed on the roof
in a manner satisfac ory to the Direc or of Safety Services. Minimum size
of building numbers s six inches on acade of building.
Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire roof covering
materials per City of Poway Ordinance No. 64.
All driveways in excess of [50 feet shall be provided with approved turn-
around. Where designated fire lanes will be
approved curb markings and fire lane signs.
A "Knox Box" security system shall be provided, meeting Department of Safety
Services req
The wood storage yard shall meet the following conditions prior to
issuance of a business certificate.
Fire apparatus access roadways shall be provided to within 150 feet of
all portions of the yard.
Driveways between and aro nd wood piles shal be at least 15 feet
wide and maintained free rom accumulation o rubbish, equipment or
other articles or materia s. Driveways shal be so spaced that a maxi-
mum grid system unit of 5- feet by 150 feet s produced. Stacking
shall use standard wood stacking rows with four foot aisles between
rows.
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Wood storage shall be surrounded with a masonry wall at least six feet
high.
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Storage in the open sha 1 not exceed 20 fee in height, shall be so
located s not to const tute a hazard to ad acent buildings or property
and shal be compact an orderly. Such sto age is p within
five fee of any proper y line and shall no exceed six feet in height
when wit in ten feet of such property line, except where no hazard or
menace of fire to adjoining property is created thereby.
Weeds, grass, and similar vegetation shall be prevented throughout the
entire yard and should be sprayed as often as needed with a satisfac-
tory herbicide or ground sterilizer or grubbed out. Dead weeds should
be removed after destruction.
Resolution No. P- 90-65
Page 10
Good housek eplng should be malntalned at all times, Including regular
and frequen cleaning of materials-handllng equipment. Combustible
waste such as bark, sawdust, chips, and other debris should
not be pem tted to accumulate In quantity or locatlon that w111
constitute an undue fire hazard.
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Smoklng should be prohibited except In specified safe locatlons. "No
Smoking" slgns should be posted In the yard except In speclfic loca-
tions designated as safe for smoklng, and signs permitting smoking
should be posted In those areas. Smoking areas should be provided wtth
approved, noncombustible ash receptacles.
Access into the yard areas by ~ persons shall be prohibited.
The storage areas shall be enclosed with a suitable masonry wall
equipped with proper gates located as necessary to pemit entry of Fi re
Department apparatus.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 28th day of August, 1990.
ATTEST:
Resolution No. p-go-6$
Page 11
STATE OF CALIFORNIA )
) $$o
COUNTY OF SAN DIEGO )
I, Mar orle K. Wahlsten, City Clerk of the City of oway, do hereby certify,
under the enalty of perjury, that the foregoing Resolu ion, No. P-90-65 , was
duly adopt d by the City Council at a meeting of said C ty Counci the
28th~ay o , 1990, and that it was so adop ed by the following
vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
City of ~_?~ay
R/R-8-28.1g-2g