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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. o 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. o 10. 11. 12. 13. 14. 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. o 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 ' o 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. o 10. 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. e 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. e 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 ) ) ss. ) 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