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