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Res P-95-33RESOLUTION NO. P- 95-33 RE OLU N OF TH CI Y U L F T E C 'OF POW Y, AL0 A APPROVING CONDITIO 'L SE T 95- 5 ',D V PMENT REVIEW AS ES R' RCEL N ]BE 3- -14 95-08 WHEREAS, Conditional submitted by William Fanc construct a 6,400 square foo on a portion of a 0.8 acre the intersection of Ted Will Use Permit 95-05 and Development Review 95-08, er for Outback Steakhouse, toques s approval to restaurant which will serve beer, w ne and liquor, ot at the southwest corner of Twin oaks Plaza, at ams Parkway and Pomerado Road, in t e CG zone; and WHEREAS, on June 27, 1995, The City Council held a hearing on the above referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: The City Council finds that the previous y issued Negative Declaration for Tentative Parcel Map 86-03 (Parcel Map 148 4) for Twin Peaks Plaza anticipated a dinner house use. serving alcohol and that he earlier i ion adequately discusses the kal concerns of th s project. 1. The approved project is consistent with the general plan in that restaurant uses are an approved use within ' 1 land uses. 2. That the location size, design, and operating characteristics of the use will be compatib e with and will not adversely affect or be materially d 1 to ad acent 1 uses, residents, buildings, st or natural in that the use was anticipated as an element in Twin Peaks Plaza, an has been designed with colors which complement the center. That t'e scale, bulk, coverage, and density is consistent with the adjacen uses, in that the parking lot has been designed for common use among a 1 shopping center tenants. The building meets all the development standar s for both the center and zoning ordinance req including height, setbacks, coverage, materials and parking. That there are available public facilities, serve the use. and utilities to That there will not be harmful effects upon desirable neighborhood characteristics, in that the physical design of the building is attractive, and the use is wholly contained within Twin Peaks Plaza. go Devel 1. 2. Resolution No. P- 95-33 Page 2 T at the generation of traffic will not adversely impact the surrounding s feets and/or the City's Transportation Element in that a was panned for a freestanding pad at Twin Peaks Plaza, with parking and s reet access designed accordingly. That the site is suitable for the type project is the completion of an pad within an existing shopping center. and intensity of use as this on an existing freestanding That there will not be significant harmful effects upon the 1 quality and natural in that the site has been completely developed. That there are no other relevant negative impacts of the use that cannot be mitigated. The approved project is consistent with the General Plan as discussed above. That the approved project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties in that it will be located on an existing freestanding pad within Twin Peaks Plaza. That the approved project encourages the orderly and h appearance of structures and property within the City in that the color package for the new restaurant will match the existing center. Section 3: : The City Council hereby approves Conditional Use Permit 95-05 and Development Review 95-08, 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 conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concerns t'at may have occurred duri g the past year. If the permit is not in compl ance with the conditions o approval, or the Planning Services Department as received complaints, t e required annual review shall be set for a pu lic hearing before the Ci y Council, to consider modification or revocation of the use permit. __ Resolution No. P-95-33 Page 3 COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. 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 ting 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 ' Trash receptacle shall be enclosed by a six foot high masonry wall with view-obstructing gates pursuant to City standards. Enclosures shall be of adequate size to accommodate mandatory recycling bins as well as general refuse bins. Location shall be subject to approval by the Planning Services and Public Services Dep 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. 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 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 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. All parking lot landscaping shall include a minimum of one 5 gallon size tree for every three spaces. For parking lot islands, a m nimum 12 inch wide walk adjacent to parking stalls shall be provided an be separated from vehicular areas by a six inch high, six inch wide por land concrete cement curb. 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. Resolution No. P-95-33 Page 4 All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum of 25 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with Safety Services req All parking spaces shall be double striped. Complete landscape construction documents shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to the issuance of building permits and prior to grading, to determine which trees shall be retained. Existi g on-site trees shall be retained wherever possible and shall be mainta ned in a horticulturally acceptable manner. Dead, decaying, or otent ally dangerous trees shall be approv d for removal at the iscre ion of the Planning Services Department uring the review of the aster Plan of existing on-site trees. Living rees which are approved or removal shall be replaced on a tree-for-tree asis as required by the lanning Services D Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway Guide to Landscape Requirements and shall be planted at an average of 30 feet on center spacing along all streets. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the shopping center. All landscaped areas shall be maintained in a healthy and thrivi g condition, free from weeds, trash, and debris. The trees shall e encouraged and allowed to retain a natural form. Pruning should e ~ to maintain the health of the trees and to protect the publ c safety. Unnatural or pruning, including topping, is not permitted. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. Resolution No. P-95-33 Page 5 SZTE DEVELOPHENT Development fees, including but not limited to, water service fees, remaining sewer connection, sewer cleanout and sewer inspection fees shall be paid prior to building permit ' Permit and plan checking fees shall be paid upon submittal of and/or grading plan, as applicable. GRADING Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, app?ved grading plan and geotechnical report, and accepted grading p A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work and submitted at the time of application for grading plan check. The final grading plan, prepared on a standard sheet of mylar, 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. 4. All new slopes shall be a minimum of 2:1 (horizontal to vertical). A final compaction report shall be submitted and approved prior to any paving. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior to any paving. Buildings and parking lots shall be at least five feet from tops and toes of slopes, unless waived by Planning and/or Engineering Services Departments prior to grading permit ' Non-supervised or 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 and maintained from October 15th to April 15th. An erosion contro plan shall be prepared by the project civil engineer and shall be submit ed as part of the grad!ng plan. The developer shall make p to insure the proper of all erosion control devices throug out their intended life. Resolution No. P-95-33 Page 6 Reciprocal access and agreements shall be provided insuring access to all parcels over private roads, drives or parking areas and aintenance thereof to the satisfaction of the Director of Engineering Said shall be in a form approved by the City ttorney and shall be executed and recorded in the office of the San Diego ounty Recorder prior to occupancy. 2. I shall include, but are not limited to : l idewalks riveways heelchair ramps urb and gutter triping and signings l ross gutter lley gutter aving lley paving All damaged off-site public works facilities, including parkway trees, shall be repaired and replaced prior to exoneration of bonds and improvements, to the satisfaction of the Director of Engineering Services. The developer shall acquire an encroachment permit for any private improvements placed within the public right-of-way or City-held easement. Prior to any work performed in the public right-of-way or City-held a right-of-way permit shall be obtained from the E ~ Services Department and appropriate fees paid, in addition to an~ permits required. Intersection drains shall be required at locations specified by the Director of Engineering Services Department and in accordance with standard engineering practices. A drai age system capable of handling and disposin all surface water origina lng within the project, and a 1 surface water that may flow onto the pro ect from adjacent lands, shal be required, aid drainage system shall i,clude any and as require by the Director of Engineering Services to properly han le the drainage. Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES Utility 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. Water, sewer, and fire protection systems shall be designed and constructed to meet the requirements of the City of Poway and the County of San Diego Department of Health. Resolution No. P- 95-33 Page 7 o Existing telephone, gas, electric, water, sewer, and other public utility lines and within and adjacent to the property shall be shown on the grading / plans. ~TS AND APPROVALS 1. Permits from other agencies may be required from: Caltrans __ San Diego County Flood Control District X Regional Water Quality Control Board All right-of-way dedications and/or vacations shall be recorded in the Office of the Recorder of San Diego County prior to building permit A processing fee shall be paid to the City. COMPLIANCE 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. he buildings shall display its numeric address in a manner visible from he access street. B, ilding addresses shall also be displayed on the roof n a manner satisfac ory to the Director of Safety Services and meeting heriff Department - STREA criteria. Minimum size of building numbers is inches on the fron facade of building. o An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all r quired tests and be connected to the public water and sewer systems, n addition, the first lift of asphalt paving shall be in place to provi e adequate, permanent access for vehicles. The final lift o asphalt shall not be installed until' all other activity as been substantially completed to the satisfaction of the City. Every building hereafter ~ shall be accessible to Fire Department apparatus by way of a cess roadways with all-weather driving surface of not less than 20 fee of unobstructed width, with adequate roadway turning radius capable o supporting the imposed loads of fire apparatus having a minimum of 1 '6" of vertical clearance. The road surface type shall be approved by he City Engineer, pursuant to the City of Poway Municipal Code. The building will be required to have an approved fire sprinkler system meeting P.M.C. requirements within it. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. No. P- 95-33 Page 8 A hood and duct extinguishing system shall be installed for all cooking within the kitchen area. Plans shall be and approved prior to installation. 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. 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. 10. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 11. Minimum 2A:IOBC fire extinguishers are required for every 3,000 square feet and 75 foot travel distance. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 27th day of June, 1995. ATTEST: 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-95-33 , was duly adopted by the City Council at a meeting of said City Council he 27th day of June , 1995, and that it was so adopted by the follow~--T~-vote: AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE ~n, CityI City ~f Poway