Res P-92-48RESOLUTION NO. P- 92-48
A RES L T N F T CIT' COUNCIL
OF TH I PO Y, C IFORNIA
APPROVING 0 I ,AL E PE IT 92-04 AND
D V ,T R IEW -05
ASSESSOR'S .. NUMBER 3 -101-40, 41
WH REAS, Conditional Use Permit 92-04 and Development Review, submitted by
Rally's amburgers, applicant and Riley J. Lively, owner, for the purpose of
establis lng a drive-through restaurant at 13230 Poway Road in the City of Poway,
County o San Diego, State of California; and
WHEREAS, on September 29, 1992, the City Council held a public hearing on
the above-referenced items.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The City Council finds that Conditional Use Permit 92-04 and Development
Review will not result in any significant impact on the t and
hereby issues a Negative Declaration.
· Use Permit 92-04
The proposed project is with the General Plan in that it
proposes ' 1 uses on a site designated CG (Commercial
General).
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, residents, buildings,
structures, or natural in that surrounding land uses are
· 1 and the small scale of the project will serve to minimize
impacts.
The scale, bulk, coverage, and density is con istent with adjacent
uses in that the structures proposed are lim ted to a 711 square
foot building and a patio trellis cover and t e project will meet
all applicable property development standar s including parking
setbacks and lot coverage.
There are available public facilities, and utilities to
serve the proposed use in that the site is located within an
existing ' 1 center and all necessary public facilities have
already been provided.
D
That the proposed development is in conformance with the Poway
General Plan in that drive-through restaurants are permitted in the
CG zone with approval of a conditional use permit.
Resolution No. P-92-48
Page 2
That the proposed development will not have an adverse aesthetic
health, safety, or architecturally related impact upon adjoining
properties as noted under the findings in the preceding section.
That the proposed development is in compliance with the Zoning
Ordinance in that all applicable development standards are met by
the project design.
The proposed development encourages the orderly and harmonious
appearance of structures and property within the City in that the
scale and design of the building will be similar to or smaller than
that of other 1 developments along Poway Road.
:ion , Council :
The City Council hereby approves Conditional Use Permit 92-04 and
Development Review 92-05 subject to the following conditions:
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.
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 1 uses.
The project will be subject to an annual review by the Planning
Director per Section 17.48.140 of the Zoning Ordinance to monitor
compliance with the conditions of approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WXTH THE FOLLOWING CONDXTIONS:
SXTE DEVELOP
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 building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
Approval of this request 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 '
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 Planning Services.
PAl
1.
Resolution No. P-92-48
Page 3
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit
The monument sign shall be reduced to 40 square feet in size.
F r a new commer ial development, the applicant shall pay devel pment fees
a the establis ed rate. )he following fees, .including, ut not be
1 mited to, traf ic mitigation ( ased on a plicants estimate o a minimum
o 300 cars per less credit or prior 'ses (approximately 0 cars p r
d~ - $7,g20), wa er base capaci y {to be ased on increased meter size ,
s_ er connection ees (increase ased on t e original three EDU's paid t
$70/EDU - $4,8! and median reimbursement fees ($3,774.83} shall e
pa d prior to bu luing permit '
Permit and plan check fees shall be paid upon submittal of a grading plan.
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.
~R ACCESS
Parking lot lights shall be low pressure sodium and have a maximum height
of !8 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
All parking spaces shall be double striped.
3.
4.
SIGNS
A detailed landscape and irrigation plan shall be submitted to and
pproved by the Planning Services Department prior to the issuance of
uilding permits. Landscape plans shall incorporate berming, shrubs, and
tees spaced no more than 15 feet on center adjacent to the outdoor patio
o shield the eating area from Poway Road.
Landscape plans shall incorporate a pedestrian connection with the car
wash.
The site shall be annexed into Landscape Maintenance District 86-03B.
All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance. The freestanding sign shall
incorporate a street address.
Resolution No. P-92-48
Page 4
The applicant shall provide verification of State Board of Equalization
notification and that appropriate reviews and/or approvals have been
accomplished to the satisfaction of the Director of Administrative
Services.
APPLICANT SNALL CONTACT THE DEPARTNENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLONING CONDITIONS:
GRADING
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading p
A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of grading
plan.
The final grading plan, prepared on a standard size sheet, shall be
subject to review and approval by the Planning and Engineering Services
Departments and shall be completed prior to issuance of a grading permit.
A pre-blast survey of surrounding property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. Seismic
recordings shall be taken for all blasting and blasting shall occur only
at locations and levels approved by the City Engineer.
A final compaction report shall be submitted and approved prior to
issuance of building permits.
Site grading shall be certified by the project civil engineer prior to
issuance of building permits.
7. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
Bo
Non-supervised nor non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
Erosion control, including but not limited to desiltation basins, shall be
installed. The developer shall make p to insure the proper
maintenance of all erosion control devices throughout their intended life.
Reciprocal access a d maintenance and/or agreements shall be provided for
the adjacent proper y (Lively Center) insuring access to all parcels over
roads, drives or par 'ng areas and maintenance thereof to the satisfaction
of the Director of .gineering Services.
Resolution No. P- 92-48
Page 5
Street striping and signing shall be installed to the satisfaction of the
Director of Engineering Services. Identification of signs shall be shown
on street improvement plan.
All pavement structural sections shall be submitted to and approved by the
Director of Engineering Services. Pavement sections shall conform to the
minimum required by the Poway Municipal Code.
o
10.
11.
All exterior street imp
building permits, to the
Services.
shall be
satisfaction of
~ prior to issuance of
the Director of Engineering
Street imp include, but are not limited to
demolition, and repair of:
idewalks oss gutter
riveways ley gutter
heel chair ramps XX feet paving
urb and gutter ley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the Director of Engineering Services.
All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to issuance of a Certificate of
Occupancy, to the satisfaction of the Department of Engineering Services.
Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Engineering Services
Department and appropriate fees paid, in addition to any other permits
required.
A detailed, d' ~ sketch of all driveway
for City review and approval.
must be submitted
The developer shall pay a pro-rata share of the cost of a City approved
landscaped median along the project frontage(s) in the amount of $3,774.83
prior to building permit
Street improvements and maintenance shall be made in accordance with City
Ordinance standards for urban streets.
The developer shall acquire an encroachment permit for any private
improvements placed within the public right-of-way.
~ND
The proposed project falls within areas indicated as subject to flooding
under the National Flobd Insurance Program and is subject to the
p of that program and City Ordinance.
Resolution No. P-92-48
Page 6
A drainage system capable of handling and disposing of all surface w ter
originating within the development, and all surface aters that may low
onto the development from adjacent lands, shall e required, aid
drainage system shall include any and as require by
the Director of Engineering Services to properly hah le the.drainage.
Concentrated flows across driveways and/or sidewalks shall not be
permitted.
Developer shall clearly label those areas designated as floodway and
floodplain on the grading play. These areas shall be determined from an
analysis of the lO0-year flood in accordance with the San Diego County
Hydrology Manual.
Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
The building shall display their numeric address in a manner visible from
the access street. Building address shall also be displayed on the roof
in a manner satisfactory to the Director of Safety Services. Minimum size
of building numbers is six inches on facade of building.
A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of September 1992.
ATTEST:
ti, Lyor
Marj. ri~ Iahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
Resolution No. P-92-48
Page 7
I, Narjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.P-92-48
, was duly adopted by the City Council at a meeting of said City Council
held on the 29th day of lgg2, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
, y Clerk