Res P-93-02RESOLUTION NO. P-93-02
ES LUT O' TH CITY UNC L
0 T E r T' PO AY, CA FOR IA
APPRO I M ,0 VEL PMENT VIE 92-60
ASS S R' P L MBER 3 -5 -61
WHEREAS, Minor Development Review 92-60 submitted by Jorge Finkelberg/
Burger King R applicant, requests approval for construction of a
children's play yard in the front yard area of the existing Burger King
restaurant at 12427 Poway Road, located in the CG (Commercial General) zone; and
WHEREAS, on January 12, 1993, the City Council held a duly advertised
public hearing to solicit comments for the public, both pro and con, relative to
this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The City Council finds that Minor Development Review 92-60 is exempt for
the p of the California E tal Quality Act, Categorical
Exemption Class 3, as the project is a small structure.
The proposed project will be consistent with the existing general
plan in that the play yard is an accessory to a general ' 1
use.
o
That the proposed development will not have an adverse aesthetic
health, safety, or architecturally related impact upon adjoining
properties, in that the top of the play structures and shade canopy
will not project above the roof line of the store building.
That the proposed development is in compliance with the Zoning
Ordinance, in that, the existing restaurant store and its
improvements meet all minimum development standards contained in the
1 zone.
That the propos d development encourages the orderly and h
appearance of s ructures and property within the City, in that the
play yard is esigned to be compatible in scale and building
materials with he restaurant building.
The City Council hereby approves Minor Development Review 92-60 subject to
the following conditions:
Within 30 days of approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
Resolution No. P-93-02
Page 2
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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 '
o
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
o
Building iden tfication 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.
LANDSCAPING
Existing on-site trees shall be retained wherever possible and shall be
trimmed and/or topped. Dead, decaying or potentially dangerous trees
hall be approved for removal at the discretion of the Planning Services
epartment during the review of the Master Plan of existing on-site trees.
hose trees which are approved for removal shall be replaced on a tree-
or-tree basis as required by the Planning Services Department.
2. 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.
APPLICANT SHALL CONTACT THE DEPARTHENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION:
Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
Resolution No. P-93-02
Page 3
property· Said numbers shall contrast with their background. Minimum
height of address numbers shall be four inches. Address may be required
at private driveway entrances.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of January, 1993.
ATTEST:
Don Higginson,<
yor
~lsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. P-93-02
was duly adopted by the City Council at a meeting of said City Council he~
the 12th day of , 1993, and that it was so adopted by the
follow-~T~vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Ma~jor~ (~. Wahlsten, City Clerk
City