Res P-97-48RESOLUTION NO. P- 97-48
A OF THE cITY
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 97-05, VARIANCE 97-07
AND DEVELOPMENT REVIEW 97-20
ASSESSOR'S PARCEL NUMBER 314-710-22
WHEREAS, Conditional Use Permit 97-05, Variance 97-07 and Development
Review 97-20, submitted by Carl's Jr., Applicant for the purpose of constructing a 3,050
square foot, drive through, fast food restaurant I pad addressed as
14949 Pomerado Road and located within the Twin Peaks Plaza. The applicant is also
requesting a variance to allow the drive through lane I ~ three (3) feet into the
required 20 foot front yard setback. The subject property is zoned C General.
WHEREAS, on September 16, 1997, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council hereby finds that the project will not have a significant adverse
Iai impact and issues a Negative Declaration.
Conditional Use Permit 97-05
1. The project'
use.
with the General Plan which designates this site for
That the location, size, design, and operating ch "the use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, residents, building that
the use will be located within an existing center.
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the site will be developed with 1' :1 buildings
which have been designed to be compatible with surrounding structures.
That th 31e public facilities, services, and utilities, because the
use will be located with* center where all necessary facilities
are already in place.
That there will not be a harmful effect upon desirable neighborhood
ch in that the use will be located with' .,:1
center.
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Resolution No. P- 97-48
Page 2
10.
That the ~ ~ traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the use will operate within
an existing center wh ;] street imp :1 off-
street parking are adequate.
That the site is suitable for the type and intensity of the use, in that it is a
drive through restaurant that will be locating within an area designated for
use.
That there will not be significant harmful effects upon quality
and natural in that the area slated for development has been
previously graded.
That there are no otb
cannot be mitigated.
negative impacts of the development that
Variance 97-07
That there are special ,plicable to the property, and because
of this, the strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification.
The special include the fact that the property is bisected by
several ~ich limit where a building can be sited. The lot is also
unusually shaped and bounded by a curved d ~ich requires that
the restaurant be located as far west as possible on the lot to insure
adeq 3ility for vehicles exiting the drive through lane.
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That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed by
other property in the same vicinity and land use designation for which the
variance is sought in that it will allow the property to be developed to the
same level as other lots within Twin Peaks Plaza that do not have similar
development
That granting the variance or its modification will not be materially
detrimental to the public health, safety,; or welfare, ' ' to the property
or imp ~ vicinity and zone in which the property is located in
that the 3 foot encroachment of a drive through lane will not have a
significant impact on front yard landscaping.
Resolution No. P-97-48
Page 3
That the granting of this variance does not constitute a special
privilege ' I with the limitation upon other properties in the
vicinity and zone in that the variance will allow the property to be
developed to the same level as other lots within Twin Peaks Plaza
that do not h development constraints.
That the granting of th' does not allow th ly which is
not otb ~ressly authorized by the Poway Municipal Code in that a
drive through restaurant is allowed in the C General zone with the
approval of a conditional use permit.
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties, because the building
has been designed to be compatible with the architectural style and exterior
colors of other buildings located within Twin Peaks Plaza.
The development encourages the orderly and h appearance of
s! ~1 property within the City through ii ! with the high
standards 1' development throughout the City.
The City Council hereby approves Conditional Use Permit 97-05, Variance 97-07
and Development Review 97-20 subject to the following conditions:
Conditional Use Permit 97-05
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 Regarding Real Property.
Th :litionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of the
surrounding 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
add that may h :1 during the past year. If the permit
is not in compliance with the conditions of approval, or the Planning Services
Department h :1 complaints, the required annual review shall be set
for a public hearing before the City Council, to consider modification or
revocation of the use permit.
nt Review 97-20
Resolution No. P- 97-48
Page 4
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10.
Site shall be developed in accordance with the approved site plans on file in
the Planning Services Department and the condi1' :1 herein.
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
: building permits.
Revised plans and building elevations shall be submitted prior to building
permit ' 3owing that the towers roofs have been redesigned to a
pyramidal hip style which is similar to the roofs of other towers within Twin
Peaks Plaza.
The ext : th l building shall be similar to the exterior
colors of other buildings within Twin Peaks Plaza.
Approval of this request shall not 31iance with all ! the
South Poway Development Standards the Zoning Ordinance and all other
applicable City Ord' effect at the time of building permit issuance.
All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened f :1 sound buffered from adjacent properties
and :luired by the Planning Services Department.
The applicant shall comply with the la~est 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 issuance.
Disabled access shall be provided to the office modular.
A 42 inch high screen shall be provided along the westerly edge of the drive
through aisle to effectively shield Pomerado Road traffic from drive through
lane vehicle lights. The 42 inch high screen can be in the form of a
d 'y wall, an evergreen landscape hedge or a combination
of earth berming and landscaping/and or a wall. The improvement(s) shall
be completed prior to final occupancy.
This approval shall I; I and void if building P : issued
for this project within two years from the date of project approval.
Resolution No. P- 97-48
Page 5
All parking lot landscaping shall inclucJ ' ' : one 15 ~
for every three spaces. For parking lot island ' ' 12 inch wide walk
adjacent to parking stalls shall be provided and be separated from vehicular
areas by a six inch high, six inch wide portland l curb.
All parking spaces shall be double striped. The parking lot design shall
comply with the ,~ :h Disabillities Act, i.e. 1:25 ratio 1' 31e
spaces with 31e space.
Parking lot lights shall be Iow I; -lium and have a height
of 18 feet from the finished grade of the parking surface and be directed
away from ail property lines, adjacent, -1 buildings on adjacent lots.
A detailed landscape and irrigation plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building
permits.
All landscaped areas shall I:
free from weeds, trash and debris.
-1 in a healthy and thriving condition,
Signs
Any signs proposed for this development shall be designed and approved in
con1' :h the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY
SERVICES.
Roof covering shall be fire ratardant as per UBC Section 3203(e) and City of
Poway Ordinance No. 64
The building shall display th ' -Id 31e from the
:. M ~the building numbers shall be 18 inches on
the front facade of the building. Building address shall also be displayed on
the roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff Dept. - ASTREA criteria.
Every building hereafl :1 shall be accessible to Fire Department
apparatus by way of :lways with all-weather driving surface of not
less than 20 feet of unobstructed width, with adequate roadway turning
Resolution No. P- 97-48
Page 6
radius capable of supporting the imposed apparatus having a
minimum of 13'6" of vertical The road surface type shall be
approved by the City Engineer, pursuant to the City of Poway Municipal
Code.
A hood and duct extinguishing system shall be installed for all cooking
:hin the kitchen area. Plans to be submitted 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. ^ "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 site at the start of construction and
maintained at all times until is completed.
Permanent 'lways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
Minimum 2A:10BC fire extinguisher(s) are required for office areas every
3,000 square feet and 75'of travel distance.
The addition of on-site fire hydrants is required. The location ofthe hydrants
shall be determined by the City Fire Marshal.
10.
Prior to delivery of combustible building material on site, water and sewer
systems shall y pass all required tests and b -1 to the
public water and sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not be installed until all other
Iy has been substantially completed to the sa! '*
the City.
11.
Trash shall be at least 5' from overhand of building or shall be
constructed of non-combustibl :ting 3ustible cover.
(Metal dumpst lall not satisfy this requirement).
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
COMPLIANCE SHALL BE APPROVED BY THE ENGINEERING SERVICES
DEPARTMENT.
Resolution No. P- 97-48
Page 7
SITE DEVELOPMENT
Permit and plan check fees shall be paid upon submittal of map,
improvement and/or grading plan, as applicable.
Development fees, including but not limited to, d :1 irdg'
service fees, remaining sewer sewer cleanout, and sewer
inspection fees shall be paid prior to building permit issuance.
~DING
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/private
improvement plan.
The grading plan, prepared on a standard sheet of mylar at a scale of 1" =
20' or larger by a registered civil engiineer, shall be subject to review and
approval by the Planning and Engineering Services Departments and shall
be completed prior I : a grading permit.
4. All new slopes shall be a ' '
:2:1 (horizontal to vertical).
A final compaction report shall be submitted and approved prior 1
of building permits.
A certification of line and grade, preparad by the project civil engineer, shall
be submitted prior t ~ building permits.
Buildings and parking lots shall be at least five feet from tops and toes of
slo[: -I by Planning and/or Engineering Services Departments
prior to grading permit issuance.
Non-supervised or non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and :lations and grading plans.
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th. A lrol plan
shall be prepared by the project civil engineer and shall be submitted as part
of the grading plan. The developer shall make provisions to insure the
pro[: : all devices throughout their intended
life.
Resolution No. P- 97-48
Page 8
~.ND SIDEWALKS
All parking lot structural sections shall be submitted to and approved by the
Director of Engineering Services. Pavement sections shall conform to the
· ' :luired by the Poway Municipal Code Section 12.20.080.
2. Street imp
lall include, but are not limited to:
X Sidewalks X Cross gutter
X Driveways Alley gutter
X Wheelchair ramps X Parking lot paving
X Curb and gutter Alley paving
X Striping and signs
All damaged off-site public works facilities, including parkway trees, shall be
repaired and replaced prior 1' :ion of bonds and improvements, to
the sat' ' ~ the Director of Engineering Services.
Prior to any work performed in the public right-of-way or City-held
a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required.
Driveways shall have a ' ' "~th of 30 feet and shall be designed as
an alley apron with ten foot ' ' :lius.
DRAINAGE AND FLOOD CONTROL
I ' drains shall be required at locations specified by the Director of
Engineering Services and in acco!rdance with standard engineering
practices.
A drainage system capable of handling and disposing all surface water
originating within the project, and all Surface waters that may flow onto the
project from adjacent lands, shall be required. Said drainage system shall
include any ~ and as required by the Director of
Engineering Services to properly handle the drainage and it shall conform to
the p ;lies.
Concentrated flows across driveways and/or sidewalks shall not be
permitted.
TIES
1. All proposed utilities within the project shall be installed underground.
Resolution No. P- 97-48
Page 9
Utility be p :
companies and the Director of Engineering Services.
· ,,:1 utility
W :1 fire protection systems shall be designed and :1
to meet the req ~the City of Poway and the County of San Diego
Department of Health.
Existing telephone, gas, electric, water, sewer, and other public utility lines
and appud 3all be shown on the grading/improvement plans.
This approval is based on the existing site conditions represented on the
proposed site plan. If the actual conditions vary from those representations,
the site plan must be changed to reflect the actual conditions. Any
substantial changes to the site plan must be approved by the Director of
Planning S -I the Director of Engineering $ ~1 may require
approval of the City Council.
Prior to building permit' 3prop -I sewer fees shall be
paid to the City's Engineering Services Department. Water fees are based
on the meter size and will be determined when the water service size is
established. San Diego County Water Authority fees shall be paid based on
the size of th Sewer fees are based on a fixture count of 62
and are $29,450.00. This is subject to change if the fixture count changes.
A l box fee of $50.00 and sewer inspection fee of $25.00 shall
be paid prior to building permit issuance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 16th day of September 1997.
ATTEST:
Wahlsten, City Clerk
Don Higginson, Ma~y~?~
Resolution No. P-97-48
Page 10
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
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-97-48 . was duly adopted by the
City Council at a meeting of said City CoUncil held on the 16th day of
Septeml 1997, and that it was so adopted by the following vote:
AYES:
NOES:
CAFAGNA, GOLDBY, REXFORD, HIGGINSON
NONE
ABSTAIN: NONE
ABSENT: EMERY
Marjorie K, Wahlsten, City Clerk
City of Po~'ay
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