Res P-93-06RESOLUTION NO. P-93-06
A F T CITY CO NCIL
OF T C T" P , CA IF RNIA
AP 0" N RI 93- 1 ND
V T EW g
A - L BER
WHEREAS, Variance 93-01 and Development Review 92-17,
PizzaMakers, Ltd., applicant, for the purpose of a
northwest corner of the Poway Road and Oak Knoll Drive int
of Poway, County of San Diego, State of California; and
submitted by
on the
in the City
WHEREAS, on February 23, 1993, the City Council held a public hearing on
the above-referenced items.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: E tal F :
The City Council finds that Variance 93-01 and Development Review 92-17
will not result in any significant impact on the t and hereby
issues a Negative Declaration with mitigation measures.
Variance 93-01
That there are special circumstances applicable to the propert'
(size, shape, topography, location, or surroundings), or th
inte ded use of the property, and because of this, the stric
appl cation of the Zoning Ordinance deprives the property o
priv leges enjoyed by other properties in the vicinity under
iden ical zoning classifications.
The amount of the lot actually vailable for development is
constrain d because of various encum rances. The subject property
has stree frontages along three s des and the Zoning Ordinance
requires t at street side yards be 2 feet wide in ' 1 zones
and that t ey be landscaped.
Granting the or its modification, is for the
preservation and of a substantial property right possessed
by other roperty in the same vicinity and zone and denied to the
property or which the variance is sought, in that there are other
properties in the vicinity of similar size which have
ly the same building size and lot
Granting the or its modification, will not be materially
detrimental to the public health, safety or welfare, or injurious to
the property or improvements in such vicinity and zone in which the
property is located, in that the site will be developed with a
1 building that will be similar in size an scale to other
existing ' 1 structures in the area.
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Resolution No. P-93-06
Page 2
The granting of this variance does not constitute a special
privilege inconsistent with the limitations upon other properties in
the vicinity and zone in which such property is situated, in that
the proposed project complies with the lot coverage standard for the
zone. In addition, other ' 1 properties in the area have
been developed with equivalent or greater lot coverage.
The granting of this variance does not allow a use or activity which
is not otherwise expressly authorized by the zoning regulation
governing the parcel of property in that restaurants are a permitted
use in the 1 zone.
Granting the variance or its modification will not be incompatible
with the Poway General Plan.
That the proposed development is in conformance with the Poway
General Plan in that restaurants are permitted in the CG zone.
That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties in that the surrounding land uses are residential and
· 1 and the site has been designed to minimize impacts.
That the proposed development encourages 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.
Section 3: Cit
The City Council hereby approves Variance 93-01 and Development Review 92-
17 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.
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COHPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
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.
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Resolution No. P-93-06
Page 3
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.
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 appurtenances, including air conditioners, shall be
architecturally integrated, screened from view and sound buffered from
adjacent properties and streets as required by the Planning Services
Department.
Bicycle storage facilities shall be provided prior to certification of
occupancy. The facilities shall be able to accommodate a minimum of two
bicycles and shall be a stationary storage rack or device.
Disabled access shall be provided throughout the
designated seating for wheelchair patrons.
including
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 a new ' 1 development, the applicant shall pay development
fees at the established rate. The following fees including but not
limited to traffic mitigation, drainage, water base capacity, water
authority service fees, water meter fee, sewer connection, sewer cleanout,
and sewer inspection fees shall be paid prior to building permit '
Building iden ification and/or addresses shall be placed on all new and
existing bull 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.
In the event the Cit receives complaints on fre uent restaurant parking
spillover from the t into the surroundin neighborhood, the City
will monitor the si uation and determine wheth r parking restrictions
along Crest Road or-ak Knoll Drive are warrante
The restaurant shall use non-metal trash containers and schedule trash
collection after 9 a.m.
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.
Resolution No. P-93-06
Page 4
PARKIN6 AND VEHICULAR ACCESS
The parking lot area shall be developed per the site design approved by
the City Council. Disabled stalls shall be provided in accordance with
City standards.
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. A minimum
of 24 feet wide emergency access shall be provided, J free and
clear at all times during construction in accordance with Safety Services
Department req
All standard-sized parking spaces shall be double striped with a minimum
inside dimension of 8'6" x 18'6". Wheel stops shall be provided for each
space.
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The subject prope ty owners shall establish a lease agreement with a
· 1 proper y owner in the immediate vicinity to allow the
restaurant to uti ize off-site parking facilities for employees. The
location of the of -site parking facilities and the lease agreement shall
be approved by the Department of Planning Services prior to building
permit '
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A detailed landscape and irrigation plan shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits.
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.
An eight foot high sectionalized, solid woodcrete fence shall be installed
along the top of the slope near the westerly property line. An eight foot
high masonry wall shall be ~ along the northerly property line
in a location approved by the Department of Planning Services. Landscaping
shall be installed and maintained along the fence and wall in a landscape
planter to provide a dense landscape screen. In the event the City needs
to access the drainage easement along the westerly property line for
maintenance purposes, the property owner shall agree to remove and
reconstruct the fence at his/her own costs.
4. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
SIGNS
Resolution No. P-93-06
Page 5
The developer shall landscape and maintain the non-paved portion of the
public right-of-way between the northerly property line and the existing
sidewalk.
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
The necessary permits and license shall be obtained from the County Health
Department prior to the onset of business activity. If beer and wine are
to be served, a permit/license shall also be obtained form the State
Alcoholic Beverage Control Department.
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 Ad
Services.
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTHENT OF ENGINEERING SERVICES.
CONPLIANCE SHALL BE
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.
A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of a grading
plan.
A geological 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, prepared on a standard size sheet, shall be
subject to review and approval by the Planning Services and Engineering
Services Departments and shall be completed prior to issuance of a grading
permit.
5. All new slopes shall be a minimum of 2:1 {horizontal to vertical).
6. A final compaction report shall be submitted and approved prior to
issuance of building permits.
7. Site grading shall be certified by the project civil engineer prior to
issuance of building permits.
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Resolution No. P-93-06
Page 6
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
of all erosion control devices throughout their intended life.
The tops and toes of all graded slopes shall be constructed with a five
foot minimum setback from any open space area.
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 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.
DRAINAGE AND FLOOD CONTROL
A drainage system capable of handling and disposing of all surface water
originating within the property, and all surface waters that may flow onto
the property from adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
Concentrated flows across driveways and/or sidewalks shall not be
permitted.
UTILITIES
1. All proposed utilities within the project shall be installed underground.
Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
Resolution No. P- 93-06
Page 7
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.
Property shall be annexed to the sewer improvement area prior to
acceptance of property for sewer service.
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The applicant shall pay for a water system analysis to establish the
proper size and location for the public water system. The amount will be
determined by the cost of the analysis and shall be paid:
Within 30 days after receiving approval of the variance and developme t
review, applicant shall apply for a Letter of Availability {LOA} o
reserve sewerage availability and post with the City, a nonrefundab e
reservation fee equal to 20% of the appropriate sewerage connection fee n
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 reets shall have an easement, a
minimum of 0 feet wi e, dedicated o the City of Poway. Multi le
parallel fac ities wil require addi ional easement width for on-s te
facilities, dication shall be offered in the final map whereas off-s te
lines shall have the easement dedicated by a separate ' t recor ed
prior to final map approval.
All public utility lines (i.e., water, sewer, drainage) not located within
public streets shall have an improved access over and along the respective
easement, the surfacing and width of which shall be acceptable to the City
Engineer.
CONPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
COMPLIANCE SHALL BE
Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
4
The buildings shall display their numeric address in a manner 'isible from
Poway Road. Minimum size of the building numbers shall b s x inches on
the front facade of the building, street facing side. Bu ld ng address
shall also be displayed on the roof in a manner satis ac ory to the
Director of Safety Services, and meeting Sheriff Depar merit ASTREA
criteria.
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The building will be required to install an approved fire spr nkler
system, me ting Poway Municipal Code requirements. The entire sys em is
to be moni ored by a central monitoring company. System post ind c tor
valve shal have a tamper switch, also monitored, and shall be loca e by
the City F re Marshal prior to installation. Approximate location w 1 be
at the dr veway entrance from Oak Knoll Drive, near the existing ire
hydrant.
Resolution No. P-93-06
Page 8
The fire sprinkler service is to be a separate service from the eight inch
Oak Knoll Drive water main and not connected to the fire hydrant service
line as implied on the drawings.
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 Valve.
A hood and duct extinguishing system shall be installed 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.
ROVALS
Prior to occupancy, all dedications shall be made and easements granted as
required above.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 23rd day of February, 1993.
ATTEST:
Don HI gg~nson, ~j~yo
Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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Resolution No. P-93-06
Page g
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do her by
certif , under the penalty of perjury, that the foregoing Resolution, No.P-91-06
was du y adopted by the City Council at a meeting of said City Council he-~T~ on
the rd day of , 1993, and that it was so adopte' by
the 1 ore:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
NONE
NONE
· y )~ay