Res P-98-42RESOLUTION NO. P-
A OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 98-03, VARIANCE 98-06
AND DEVELOPMENT REVIEW 98-08
ASSESSOR'S PARCEL NUMBER 317-540-47
WHEREAS, Minor Conditional Use Permit 98-03, Variance 98-06, and Development
Review 98-08, submitted by Kenneth Schmitt/Jack in the Box, Applicant for the purpose
of remodeling and adding a 675 square foot addition on to the Jack in the B
located at 12424 Poway Road. The applicant is also requesting a variance to allow a
proposed I : of the building and a I: I 1 up to 16 feet into the
required 20 foot front yard setback. The subject property is zoned Community Business.
WHEREAS, on July 28, 1998, the City Council held a duly advertised public hearing
to solicit 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 is Categorically Exempt, Class 1 from
the California E Quality Act in that the project is a minor addition to
existing facilities.
,al Use Permit 98-03
The project'
use.
with the General Plan which designates this site for
That the location, size, design, and operating ch f the use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, residents, building that
the use has been in oF the site for approximately 28 years without
having a significant adverse impact :ling development.
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the site will be redeveloped with and
facilities which have been designed to be compatible with structures on
adjacent properties.
o
That th ~le public facilities, services, and utilities, because the
use will be located with' area of the City where all necessary
f -ly in place.
10.
Resolution No. P- 98-zt2.
Page 2
That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the use has operated on the site for approximately 28
years and the property ' :led by other general uses.
That the g ! traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the redevelopment of the
preperty will result in the of an ry driveway and the
existing parking lot will be redesigned to comply with current City standards.
That the site is suitable for the type and intensity of the use, in that the
project is an expansion of an existing drive-through restaurant that has
operated on the site for approximately 28 years without significant adverse
impact on the surrounding development.
That there will not be significant harmful effects upon quality
and natural in that th ' 3 and the site is developed.
That there are no otb
cannot be mitigated.
negative impacts of the development that
¸-06
That there are special applicable 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 :le the fact that significant slopes exist on the
preperty which limit the amount of area available for development and the
location of the existing building at the front of the lot impacts and restricts the
site design of the expansion project.
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial preperty 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 the surrounding Community Business zone
which do not h development constraints.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welf ' ' to the property
or imp 1 vicinity and zone in which the property is located in
Resolution No. P- 98-~;~-
Page 3
that the water tower will be located on private property clear of the right of
way and the water tower and patio cover will provide additional visual
interest and architectural enh to the project.
That the granting of this variance does not constitute a special privilege
: with the I ~on other properties in the vicinity and zone
in that th I allow the property to be developed to the same level
as other lots within the Community B that do not h
development
That the granting of th' does not allow th ~ivity which is
not otb 3ressly authorized by the Poway Municipal Code in that a
drive-through restaurant is allowed in the Community B :h the
approval of a conditional use permit.
;w 98-08
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties, because the project
has been designed to comply with the architectural standards of the Poway
Road Specific Plan.
2. The development encourages the orderly and h appearance of
si :1 property within the City through its ./with the high
standards of the Poway Road Specific Plan.
)ecision:
The City Council hereby approves Minor Conditional Use Permit 98-03, Variance
98-06 and Development Review 98-08 subject to the following conditions:
Mi~ rmit 98-03
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 minor conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of approval
Resolution No. P-98-42
Page 4
and to add ~at may h :1 during the past year. If the
permit is not in compliance with the conditions of approval, or the Planning
Services Department has received complaints, the required annual review
shall be set for a public hearing before the City Council, to consider
modit :ion of the use permit.
9.
10.
11.
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
: building permits.
The water tower shall observe a minimum 4 foot setback from the front
property line and the latticed pal' 3all observe a minimum 13 foot
front yard setback.
The height of the wall around the front
~all not exceed 48 inches.
Approval of this request shall not 31lance with all sections of the
South Poway Development Standards, the Zoning Ord' -I all other
applicable City Ord' rfect at the time of building permit issuance.
All roof appurtenances, including air conditioners, shall be amhitecturally
integrated, screened f :1 sound buffered from adjacent properties
and st :luired by the Planning Services Department.
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 ord' =[ect
at the time of building permit issuance.
Disabled access shall be provided throughout the project.
All proposed and existing utilities shall be installed underground.
The height of the tower or building shall not exceed 24'6". Any
wall signs installed on the tower shall not exceed 15' in height.
This approval shall b II and void if building I: : issued
for this project within two years from the date of project approval.
Resolution No. P- 98-42
Page 5
All parking lot landscaping shall includ ' ': one 15 gallon size tree
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 ;ement curb.
All parking spaces shall be double striped. A ' ' 119 parking stalls
shall be provided. The parking lot design shall comply with the Americans
with Disabilities Act, i.e. 1:25 ratio for accessible spaces with one van
accessible space.
Between the hours of 11 p.m. and dawn, exterior lighting shall be Iow
p `iium. TI: height of parking lot lights shall not exceed
18 feet from the finished grade of the parking surface and be directed away
from all property lines, adjacent :1 buildings on adjacent lots.
A of two driveways shall serve the site. Curb and gutter
improvements shall be installed to effectively close off the extra (third)
driveway.
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 b
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
:h the Sign Ordinance. Presently, the Sign Ord d
allow up to a I two wall signs on the subject property.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Roof covering shall be fire retardant 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
Resolution No. P-98-42
Page 6
the front facade of ..:1. Building 3all 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
radius capable of supporting the imposed loads of fire 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
1' :hin the kitchen area. Plans to be submitted and approved, pdor
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.
Minimum 4A:60BC fire extinguisher(s) are required for office areas every
3,000 square feet and 75' of travel distance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE ENGINEERING SERVICES DEPARTMENT.
GRADING
Grading plan for the development of the property shall be submitted to the
City's Engineering Services Department for review and approval prior to
issuance a grading permit and start of grading operation unless grading
~hwork : of less than 50 cubic yards and/or pavement
less than 10,000 square feet. If no grading is required, a certification from
a state Registered Civil Engineer indicating the amount of earthwork and/or
pavement shall be furnished to said City's Engineering Services Department
and a $500.00 inspection fee shall be paid pdor to building permit issuance.
A right-of-way permit shall be obtained from the City's Engineering Services
Department for any work to be done within the public street right-of-way or
any City-held easement. Said work shall include, but is not limited to,
construction of driveway approach, sewer lateral installation, war
line installation, and street
Resolution No. P- 98-{Z ~
Page 7
Paving of the parking lot shall conform to the standards as set forth in
Section 12.20.080 of the City Code. All driveway approaches shall be with
alley-type returns.
No parking spaces shall be allowed within City's easement(s) unless
otherwise approved by the Director of Engineering Services.
GENERAL RI
Prior to building permit' 3prop ri sewer fees shall be
paid to the City's Engineering Services Department. Sewer fees shall
include, but are not limited t fee, cleanout fee, and installation
inspection fee.
Sewer I follows:
Sewer C
Fee = $1,178
The following fees shall be paid 'ly bond posted prior to issuance
of a building permit. If a security bond is posted, payment of the fees shall
be made prior t ~ a Certificate of Occupancy. Once payment is
received in full said security bond could be released to the applicant.
Traffic Mitigation =$8,576
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 28th day of July 1998.
ATTEST:
Don Higginson, Mayor
Marjori~..~Wahlsten, City Clerk
Resolution No. P- 98-42
Page 8
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjode K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. was duly adopted by the
City Council at a meeting of said City Council held on the 28th day of
July 1998, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, GOLDBY, REXFORD, HIGGINSON
NONE
NONE
EMERY
Wahlsten, City Clerk
City oflP_~ay
N:\F