Res P-99-08RESOLUTION NO. P-99-08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING
DEVELOPMENT REVIEW 98-24 AND VARIANCE 98-19
ASSESSOR'S PARCEL NUMBER 320-200-43
WHEREAS, Development Review 98-24 and Variance 98-19, submitted by Carl's
Jr., Applicant, for the purpose of building a 3,100 square foot fast food restaurant on a .8
acre lot located on Parcel 4 of the Scdpps Trident Center at the southwest corner of
Pomerado Road and Scripps Poway Parkway within the South Poway land
use. The applicant is also requesting 3proval of 12 feet for a portion of the 50
foot landscape setback along the Scripps Poway Parkway frontage;, and
WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb " described in this resolution begins on the effective date of
this resolution and any such protest must b that complies with Section 66020.
WHEREAS, on January 26, 1999, 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 previously issued Negative Declaration (indicating no significant adverse
impacts anticipated) for TPM 98-08 and CUP 97-09 adequately
addresses the potential Iai impacts of the proposed development.
Variance 98-19
That thero are special 3plicable 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 land
use designation.
The special include the fact that the landscape berm will be
high enough I the drive-through lane; the 50 foot setback will
be observed for the building; the 12 foot wide d lane reduced the
landscape setback by 12 feet; and the proposal has been planned
comprehensively with consideration for scale, location, orientation and
architectural style of the development to provide a well designed and
balanced project.
Resolution No. P-99-08
Page 2
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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 th Iy and land use designation for which the
variance is sought in that similar development has been allowed on other
lots that have been developed comprehensively as a part of a
shopping center complex.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welfare, ' ' to the property
or imp 1 vicinity and zone in which the property is located in
that the site has been designed comprehensively and the scale, location,
orientation and amhitectural style of the proposed improvements were
considered to develop a well balanced and functional project.
That the granting of this variance does not constitute a special privilege
I with the I' '~ ~)on other properties in the vicinity and zone
in that the property is located in an area which is governed by the Scripps
Poway Specific Plan and where light industrial complexes along the Scripps
Poway Parkway frontage have been granted similar setback
That the granting of th' does not allow th ' 'ly which is
not otherwise expressly authorized by the South Poway Specific Plan
Development Standards governing the parcel, in that the development is
intended for neighborhood uses.
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties, because the site and
the buildings have been designed in accordance with the Specific Plan area
development plan with consideration for scale, size, orientation and
architectural style to provide a well balanced project.
The development is in compliance with the South Poway Development
Standards and the South Poway Planned Community Development Plan with
exception of the requested landscape setback ;] Scdpps Poway
Parkway.
The development encourages the ordedy and h appearance of
:1 property within the City through ./with the South
Poway Planned Community which provides high standards for development
throughout the 2500 acre planned community.
Resolution No. P- 99-08
Page 3
SITE
1.
10.
The City Council hereby approves Variance 98-19 and Development Review 98-24
subject to the following conditions:
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the condil' :l herein.
Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to the Planning Services Department prior 1 : building
permits.
Approval of this request shall not waive compliance with all sections of the South
Poway Development Standards the Zoning Ordinance and all other applicable City
Ord' effect at the time of building permit issuance.
All roof appud :ling air conditioners, shall be architecturally integrated,
screened from view and sound buffered from adjacent properties and streets as
required by the Planning Services Department.
Trash receptacles shall be enclosed by a six foot high masonry wall with view
obstructing gates pursuant to City standards. L lall be subject to approval
by the Planning Services Department.
In the event of future ex[: :leling the subject properties, the buildings
closest to Scdpps Poway Parkway shall not encroach any further into the required
50 foot landscape setback than th ~ment approved with Variance 98-19.
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' Yect at the time of building
permit issuance.
Disabled access shall be provided for all buildings.
Comply with all applicable provisions of the Resolution No. P- 97-67 for the
approval of TPM 97-08 and CUP 97~09.
This approval shall b II and void if building p
project within two years from the date of project approval.
not issued for this
OPEl
1.
o
6.
PARI
1.
Resolution No. P-99-08
Page 4
Sound levels on all ordering equipment shall be regulated so that it is not audible
off-site. A visual order confirmation board shall be provided to facilitate I :1
levels.
Catalytic oxidizers shall be installed on the charbroiler to reduce of
smoke and odor to meet Air Quality Management District requirements and ensure
that the use does not produce odor that is detectable off-site.
Adequate trash 3all be provided inside and outside and the area shall
be patrolled for litter frequently throughout the day.
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 that may have occurred 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 public hearing
before the City Council, to consider modification or revocati(~n of the use permit.
The first annual review is to be done by the City Council and include an evaluation
of the Treadwell Drive and Pomerado Road ingress/egress.
No d
parking lot sweeping are allowed between 10 p.m. and 7 a.m.
The hours of operation shall be 6 a.m. to midnight.
~$$
All parking lot landscaping shall include a ' ' !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 veh' by a six
inch high, six inch wide Portland I curb.
All parking spaces shall be double striped. The parking lot design shall comply with
the Americans with Disabilities Act, i.e. 1:25 ratio for accessible spaces with one
31e space.
Parking lot lights shall be Iow p 'lium and have a height of 18
feet from the finished grade of the parking surface and be directed away from all
property lines, adjacent :1 buildings on adjacent lots.
Resolution No. P-99-08
Page 5
~,PING
A dense landscape screen shall be installed along the Scripps Poway Parkway
setback which will prevent headlights f ' the drive-through lane from being
visible to eastbound traffic on the Parkway.
A detailed landscape and irrigation plan shall be submitted to and approved by the
Planning Services Department prior to the issuance of building permits. The
landscaping plan shall also address re-planting the landscape areas along the
property frontage in order to provide a dense landscape screen to conceal
headlights of cars in the drive-through lane from eastbound traffic on Scripps Poway
Parkway.
All landscaped areas shall be
from weeds, trash and debris.
:1 in a healthy and thriving condition, free
Use of recycled water will be required for on-site landscape irrigation. Each site
shall have a designated user supervisor who has attended the San Diego County
Water Authority's User Supervisor Class. County of San Diego Department of
E Iai Health will asses fees for the following activities:
a. Site Plan Check $200.00
b. Shut Down Test $320.00
c. Title 22 Inspection $ 80.00 Average Cost*
*Based on full cost recovery; actual fee amount may vary.
Shut down test is required at initial installation and at least every four (4) years on
sites with both recycled and potable water.
SIGNS
Any signs proposed for this development shall be designed and approved in
lh the Sign Ordinance.
A comprehensive sign program for this development shall be submitted to the
Planning Services Department for review prior to issuance of building permits,
^pproval shall be by the City Council.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Resolution No. P-99-08
Page 6
COMMERCIAL
Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway
Ordinance No, 64.
The buildings shall display th :ldresses in a ~le 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
:isfactory to the Director of Safety Services, and meeting Sheriff Dept. -
ASTREA criteria.
Every building hereafter constructed 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 read 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 ail cooking facilities
within the kitchen area. Plans to be submitted and approved prior to installation.
10.
A 'Knox' Security Key box shall be required for the buildings at locations 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 and :1 at ail
times until construction is completed.
Permanent :lways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
Minimum 2A:10BC fire extinguisher required for every 3000 square feet and 75'
travel distance. Kitchen to be equipped with a 40-B extinguisher.
Prior to delivery of combustible building material on site, watei' and sewer systems
shall ' ' y pass all required tests and I: :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 otb ' ~y has been substantially completed
to the salr ~the City.
Resolution No. P-99-08
Page 7
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
SITE
1.
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, domestic and irrigat'
fees, remaining sewer cleanout, and sewer inspection fees shall
be paid prior to building permit issuance.
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 grading plan for the development of the property, prepared on a standard sheet of
Mylar and drawn at a scale of 1" = 20', shall be submitted to the City's Engineering
Services Department f :t approval prior t ~a grading permit and
start of grading operation. Rough grading of the site must be completed and shall
meet the City's Engineering Services inspector's approval prior to issuance of a
building permit. There shall be a ' ' ~ five feet between the parking
lot curb and toe of slope.
Existing telephone, gas, electric, water, sewer, and other public utility lines and
appurt lall be shown on the grading plans.
A soils report shall be prepared by a qualified engineer licensed by the State of
California to perform such work. Copies of the report shall be submitted with the
grading plan.
All new slopes shall b
2:1 (horizontal to vertical).
A final compaction report shall be submitted and approved pdorl
permits.
building
A certification of line and grade, prepared by the project civil engineer, shall be
submitted prior ~ : building permits.
Erosion control, including but not limited to desiltation basins, shall be installed and
' ' :1 from Oct. 15th to April 15th. An erosion control plan shall be prepared by
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Resolution No. P- 99-08
Page 8
the project civil engineer and shall be submitted as part of the grading plan. The
developer shall make provisions to insure the prop !all
devices throughout their intended life.
AND SIDEWALKS
All parking structural lall be submitted to and approved by the Director of
Engineering Services. Pavement 3all conform to th ' ' required by
the Poway Municipal Code Section 12.20.080.
Street imp lall include, but are not limited to Sidewalk, Driveway,
Wheelchair ramps, Curb and gutter, Parking lot paving and Alley paving.
All damaged off-site public works facilities, including parkway trees, shall be repaired
and replaced prior1 'bonds and improvement, to the sar ' :the
Director of Engineering Services.
Prior to any work performed in the public right-of-way or City-held easements, a right-
of-way permit shall be obtained from the Engineering Services Department and
appropriate fees paid, in addition to any permit required.
Driveways shall have a
apron with ten foot ' '
· ' ':lth of 30 feet and shall be designed as an alley
:lius.
'CONTROL
Intersection drains shall be required at locations specified by the Director of
Engineering S :1 in accordance with standard engineering practices.
A drainage system capable of handling and disposing all surface water originating
within the project, and all surf that may flow onto the project from adjacent
lands, shall be required. Said drainage system shall include any easements and
quired by the Director of Engineering Services to propedy the drainage.
Concentrated
driveways and/or sidewalk shall not be permitted.
On site valley gutters shall I~ ' ' 13' wide.
No parking space shall be allowed within City
by the Director of Engineering Services.
~erwise approved
UTILITIES/OTHERS
1. All proposed utilities within the project shall be installed underground.
Resolution No. P-99-08
Page 9
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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.
Developer shall construct a lighting sy
no cost to the public, subject to the following:
;I to City of Poway standards at
Cut-off I lall be installed which will provide true 90-degree cutoff and
prevent p . !light above the horizontal plane from the lowest point on
the lamp on light emitting device.
b. All fixtures shall use a clear, Iow p
:lium vapor light source.
AC .]y charges and District engineering charges shall be paid by the
developer.
A to the lighting district and evidence of annexation shall be
accomplished at the time of final building inspecl' I a certificate
of occupancy is issued, which later.
Water, sewer and fire protection system shall be designed and constructed to meet
the requirements of the City of Poway and the County of San Diego Department of
Health.
The applicant shall pay for a water system analysis, if required, to establish the
prol: :f location of the public water system. The amount shall be determined
by the cost of the analysis and shall be paid prior to submittal of improvement plans
per the following table.
Water System Analysis
prior notice:
follows, and they may change at any time without
One Fire Service
Two Fire Service
More than Two Fire Services or looped Onsite System
Sf ,250.00
$1,850.00
$2,800.00
Existing water, sewer, gas, electric, telephone and other public utility lines and
appud 3all be shown on the improvement plans.
Water main lines and appurtenances that will be installed at locations other than
within public street shall h l, a ' ' 120 feet wide for each line,
dedicated to the City of Poway and shall provid .7 bond for installation of the
· Is). The warranty bond is for a period of 12 months.
Resolution No. P-99-08
Page 10
Lot irrigation shall be designed I :late recycled water if it b 31e.
The property owner shall have the opportunity to connect to recycled water if it
31e.
~LS
This approval is based on the existing site conditions represented on the proposed
site plan. If the actual conditions vary from 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
S :1 may require approval of the City Council.
Prior to building permit issuance, appropriate water and sewer fees shall be paid to
the City's Engineering Services Department. These fees are currently in effect and
are subject to change.
Sewer C 314,725.00
(Based on 6.25 EDU. Each EDU=4 fixtures(additional fees shall be paid if it exceeds)
Sewer Cleanout =$50.00
Sewer Inspection =$25.00
A minimum of two water meters shall be installed, one for domestic use and one
for irrigation purposes. The adequacy of the meters and its corresponding sizes
(but not less than one inch in size) shall be determined by the applicantJdeveloper.
Depending on the size of water meters to be installed, the water fees shall be based
on the following:
Meter Size Lateral Cost E SDWA Fee*
1" meter $1,430.00 $270.00 $6,678.00 $2,536.00
1.5" Cost $600.00 $10,388.00 $4,755.00
2" Cost $1,775.00 $16,694.00 $8,242.00
For a
:listed above, please contact Engineering Services.
* This fee is subject to change without further notice. Applicable only to water
meter for domestic use. The amount to be paid shall be that in effect at time of
Payment.
The following fees shall be paid or a security bond posted prior to issuance of a
building permit. If a security bond is posted, payment of the fees shall be made prior
to issuance of a Certificate of Occupancy. Once payment is received in full said
security bond could be released to the applicant.
Traffic Mitigation=$31,878.00 Based on 84 seats
Drainage Fee =$1,200.00
Resolution No. P-99-08
Page 11
APPROVED and ADOPTED by the City Council of the City of Poway, Sta~e of California, this
26th day of January 1999.
ATTEST:
Lo'ri (nn:(~ ~
~ Peoples, Cily~erk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P-99-08 was duly adopted
by the City Council at a meeting of said City Council held on the 26th day of
January , 1999 and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT: NONE
DTSqUALIFTED: REXFORD
EMERY, GOLDBY, HIGGINSON, CAFAGNA
NONE
NONE
L'or~'/~nne Peoples, City Cl~r~
City of Poway
N:\F