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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