Res P-92-64RESOLUTION NO. P- 92-64
A F T CIT' C UNCIL
OF TH PO , C LI ORNIA
APPROVING 0 I AL PE I 92-08 AND
D V M T R EW 2- 4
ASSESSO ' R L N M ER 17-101-07
WHEREAS, Conditional Use Permit 92-08 and Development Review 92-14,
submitted by St. Mar Enterprises, applicant, for the purpose of establishing a
drive-through restaurant at 13112 Poway Road in the City of Poway, County of San
Diego, State of California; and
WHEREAS, on November 10, 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 92-08 and Development
Review 92-14 will not result in any significant impact on the
and hereby issues a Negative Declaration.
Use Permit 92-08
1. The proposed project is with the General Plan in that it
proposes a 1 use on a site designated CG (Commercial
General).
The location, size, design, and operating char cteristics of the
proposed use will be compatible with and will no adversely affect
or be materially detrimental to adjacent uses, res dents, buildings,
structures, or natural in that surroun ing land uses are
residential and ' 1 and the design of the project will serve
to minimize impacts.
The scale, bulk, coverage, and density is consistent with adjacent
uses in that the structures proposed are limited to a 3046 square
foot building and the project will meet all applicable property
development standards including lot coverage.
There are available public facilities, and utilities to
serve the proposed use in that the site was previously developed as
a ' 1 use and all necessary public facilities have already
been provided.
)ent Review 92-15
That the proposed development is ~n 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-92-64
Page 2
That the proposed will not have an adverse
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 the orderly and h
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.
The City Council hereby approves Conditional Use Permit 92-08 and
Development Review 92-14 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.
This conditio al use permit shall be subject to annual review by the
Director of Panning Services for compliance with the conditions of
approval and o address concerns that may have occurred during the
past year. I the permit is not in compliance with the conditions
of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a public
hearing before the City Council, to consider modification or
revocation of the use permit.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONOITIONS:
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.
Resolution No. P-92-64
Page 3
Trash receptacle shall be enclosed by a six foot high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be
subject to approval by the Planning Services Department.
All roof including air cond shall be
architecturally integrated, shielded from view and sound buffered from
adjacent properties and streets as required by the Planning Services
Department.
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 '
For this ' 1 development, the applicant shall pay development fees
t the established rate. The following fees, including, but not limited
o, traffic mitigation $20,306.55, water base capacity {for any increase
n meter size), sewer connection fee, sewer cleanout($50), and sewer
nspection ($25) fees shall be paid prior to building permit
The traffic mitigation fee was calcula
half sit-down fast food (300 trips/lO
through (600 trips/lO00 square fee
· 1 use (40 trips/lO00 square
d considering the building as one-
square feet) and one-half drive-
with a credit for the prior
et).
Permit and plan check fees shall be paid upon submittal of a grading plan.
A shade structure shall be provided over all or part of the outdoor
seating area.
The site/grading plan shall be revised to show that the drive-through
driveway is elevated to the same level or higher than the sidewalk which
crosses the drive-through driveway exit along Tarascan Drive.
11.
Building iden ification and/or addresses shall be placed on all new and
existing buil ings so as to be plainly visible from the street or access
road; color o identification and/or addresses shall contrast with their
background co or.
12. Order box speaker shall be oriented to face west.
13.
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.
AND VEHICULAR ACCESS
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 aisles shall be a minimum of 25 feet wide and
emergency access shall be provided, maintained free and clear, a minimum
of 24 feet wide at all times during construction in accordance with Safety
Services Department requirements.
All parking spaces shall be double striped.
Resolution No. P-92-64
Page 4
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
rees spaced no more than 15 feet on center adjacent to the outdoor patio
o shield the eating area from Poway Road.
Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway ordinance and shall be planted at an
average of every 30 feet on interior streets and 20 feet on exterior
streets.
A six foot high masonry wall shall be constructed along the northerly
roperty line. Fifteen (15) gallon trees, 20 feet on-center, and
hrubbery shall be installed and maintained along the inside of the wall
n a five foot wide, raised landscaped planter to provide a dense
andscape screen.
4. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
SIGNS
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.
STRUCTURES
Existing building(s) shall be made to comply with current building and
regulations for the intended use.
A£
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.
The necessary permits and licenses for food handling shall be obtained
from the County Health Department prior to the onset of business activity.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
CONPLIANCE 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
geotechnical report, and accepted grading practices.
6.
7.
8.
10.
Resolution No. P-92-64
Page 5
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 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.
All new slopes shall be a minimum of 2:1 (horizontal to vertical).
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.
Driveways shall limit grade changes to a maximum of 8 percent in 20 feet
horizontal.
The main entrance on Poway Road shall be constructed as an alley-return
driveway with handicapped ramps.
Striping and signing shall be
Director of Engineering Services.
on the grading plan.
installed to the satisfaction of the
Identification of signs shall be shown
All street and parking lot 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.
All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to exoneration of bonds and
imp 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.
~OL
Resolution No. P-92-64
Page 6
Concentrated flows across driveways and/or sidewalks shall not be
permitted. A curb outlet shall be provided onto Poway Road.
1. All proposed utilities within the project shall be installed underground.
The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
Water and fire protection systems shall be designed and constructed to
meet requirements of the City of Poway and the County of San Diego
Department of Health.
4. Prior to acceptance of property for sewer service, to the sewer
improvement area shall occur.
The applicant shall pay for a water system analysis for a fire sprinkle
system or additional fire hydrant, if required, at the established rate to
determine the proper size and location for the public water system. The
amount shall be paid upon demand by the City.
The appli ant shall, within 30 da's after receiving approval of the
conditi na use permit and develo ment review,apply for a Letter of
Availab li y (LOA) to reserve sewera e availability andpost with the City,
a nonre un able reservation fee equ 1 to 20% of the appropriate sewerage
connect on fee in effect at the time the LOA is issued.
Water and se er main li es and appurt nances that will be installed at
locations ot er than w thin public s feets shall have an easement, a
minimum of 0 feet wi e, dedicated o the City of Poway. Multi le
parallel fac lities wil require addi ional easement width for on-s te
facilities, edication shall beoffere in the final map whereas off-s te
lines shall have the easement dedicate by a separate instrument recor ed
prior to final map approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
The building shall display their numeric address in a manner isible from
Poway Road. Minimum size of the building numbers shall be s x inches on
the front facade of the building, street facing side. Bull ing address
shall also be displayed on the roof in a manner satisfac ory to the
Director of Safety Services, and meeting Sheriff Department ASTREA
criteria.
The building will be required to install an approved fire sprinkler
system, meeting Poway Municipal Code requirements. The entire system is
to be monitored by a central monitoring company. System post indicator
o
Resolution No. P- 92-64
Page 7
valve with a tamper switch, also shall be located by the City
Fire Marshal prior to installation. Approximate location will be at the
public main in front of the new building.
A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required
for the fire sprinkler system, Post Indicator Valves.
A hood and duct extinguishing system shall be install for all cooking
facilities within the kitchen area. Plans to be submitted and approved,
prior to installation.
Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of
construction and maintained at all times until construction is completed.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
The site shall
Assessments for
I acre = 4 unite
are collect by ,
e annexed into Landscape M District 86-03B.
Y92-93 are based on $33.66 per unit ( 1 property
Assessments are subject to change each fiscal year and
operty Tax Bills.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this loth day of November 1992.
ATTEST:
Marjor'~. ~ ~, City Clerk
STATE OF )
) ss.
COUNTY OF SAN DIEGO )
Resolution No. P- 92-64
Page 8
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certif , under the penalty of perjury, that the foregoing Resolution,
No.P-9 -64 , was duly adopted by the City Council at a meeting of said City
Counc~-~-i-'-~Td on the lOth day of November , 1992, and that it was so
adopte' by the foll~
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjo~ie~ ~ahlsten, City Clerk
City ~way
(Note: One vacancy created by
November 3, 1992.)
of Mayor Goldsmith's appointed term on