Res P-99-54RESOLUTION NO. P- 99-54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 99-05
AND DEVELOPMENT REVIEW 99-11
ASSESSOR'S PARCEL NUMBER 323-090-64
WHEREAS, Conditional Use Permit 99-05 and Development Review 99-11 were
submitted by Urban Solutions representing Carl's Jr. R for the purpose of
;I a 3,770 square-foot drive-through restaurant on Parcel 4 of Tentative Parcel
Map 98-17, a portion of Lot 57 located at the northwest corner of Scdpps Poway Parkway
and Stowe Drive in the South Poway Planned Community; and
WHEREAS, on August 3, 1999, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application;
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.
NOW, THEREFORE, the City Council does hereby
follows:
vironm
The City Council finds that the previously certified Final EIR and Final Subsequent
EIR for the South Poway Specific Plan adequately address the potential
Iai impacts of the proposed development.
The project' I with the General Plan in that it designates this site
for uses including the one proposed, with the benefit of a
conditional use permit.
That the location, size, design, and operating characteristics of the use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, buildings, or natural in that the
project is being located on a property which is located within an industrial
park and wh nodes for th :the employees and
passing best be served.
Resolution No. P-99-54
Page 2
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That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses because th : will comply with the development
standards for the South Poway Specific Plan including lot coverage, parking,
landscaping, appropriate access points, shared as well as an
architectural style which its industrial park surroundings.
That th 31e public facilities, services, and utilities because the
use will be located in a development where all necessary facilities will be in
place.
That there will not be a harmful effect upon desirable neighborhood
ch in that th : is designed for th I use
by surrounding land uses.
That the G :traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the use will operate in an
area where existing street imp and off-street parking will be
adequately given the scale of the proposed use.
That the site is suitable for the type and intensity of the use in that it is an
area designated 1' use due to its location on a major roadway.
That there will not be significant harmful effects ul~ Iai quality
and natural There are no natural features remaining on the
property. It is not located within or adjoining a stream.
That there are no otb
cannot be mitigated.
negative impacts of the development that
;ision:
The City Council hereby approves Conditional Use Permit 99-05 and Development
Review 99-11, 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.
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 residential and uses.
Resolution No. P- 99-54
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES.
Prior
1.
3.
A formal grading plan by a registered Civil Eng' standard sheet of mylar
shall be submitted t' -1 approval. A drainage study and a soils report are
also required. The plan shall include erosion control for prevention of
sediment runoff into th :l public storm drain system. A drainage system
capable of handling and disposing all surface flow (onsite and offsite) is required.
The grading plan shall clearly show the access to the site from Stowe Drive.
Grading the form of a performance bond and cash deposit, or a letter
of credit shall be posted. Engineering plan check, inspection, and permit fees shall
also be paid.
~ments:
Any signs proposed for this development shall be designed and approved in
:h the Sign Ordinance.
Site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the condil' :1 herein.
Revised site plans and building elevat' )orating all conditions of approval
shall be submitted to the Development Services Department prior to issuance of
building permits.
Grading of the property shall b Jance with the Uniform Building Code, the
Poway Grading Ordinance, the approved grading plan, the soils report, and
accepted grading practices.
A right-of-way permit shall be obtained prior to any work within the public streets or
City The appropriate fee shall be paid at the time of issuance.
E lall be provided for all operations. The work shall be in
accordance with the submitted erosion control plan and/or other additional
as required by the inspector. The developer shall maintain all erosion
control devices throughout th
o
Resolution No. P-99-54
Page 4
Both fire hydrants shall be installed and approved by the Engineering Division of the
Development Services Department prior to the delivery of any combustible building
10.
11.
12.
A water system analysis shall be prepared to establish the prol; -I location
of the public water system. The applicant shall pay to the City the cost of preparing
the analysis prior to submittal. Improvement plans shall be submitted for approval
by the Engineering Division. Plan check and insl; 3all be paid by the
developer.
Pdor to delivery of combustible building material on site, water, and sewer systems
shall y pass all required tests and I: ~ to the public water and
sewer systems. The first lift of the asphalt concrete pavement for th
in the development shall be installed/paved to provide adequate, permanent access
for emergency vehicles. The final lift of asphalt shall not be installed until all other
:tivity has been substantially completed to the satisfaction of the City.
A detailed landscape and irrigation plan shall be submitted to and approved by the
Development Services Department / City Landscape Architect and Public Services
Department prior to th : building permits.
13.
14.
15.
16.
17.
18.
Approval of this request shall not 31lance with all !the Poway
Development Standards, the Zoning Ordinance, and all other applicable City
Ord' :[ect at the time of building permit issuance.
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.
Roof covedng shall be fire retardant as per UBC Section 3203(e) and City of Poway
Ordinance No. 64.
School fees shall be paid at the current rate.
All utilities (proposed and existing), together with the appurtenances and the
~all be shown on the grading plan.
Rough grading of the site must be completed and shall meet the City Inspector's
approval.
Resolution No. P-99-54
Page 5
19.
20.
21.
22.
23.
A certification of line and grade for each lot, prepared by the engineer of work, shall
be submitted.
A final compaction report shall be submitted and approved.
The following development fees shall be paid. These fees are currently in effect
and are subject to change without notice:
Water
· Size Cost SDCWA Fee*
1-inch $ 270 6,678.00 $2,536.00 $1,430.00
1.5-inch $ 600 10,388.00 $4,755.00 Cost
2-inch $1,775 16,694.00 $8,242.00 Cost
* If required for fire safety.
** Applicable only to water meter for domestic use.
*** 20 pement of the fee is to be paid after approval of tentative map
with filing of a Letter of Availability. Balance shall be paid pdor to building permit for
each lot. Also, an additional 30 percent shall be paid within 30 days after Final Map
approval. The balance will be due at building permit issuance.
Sewer
.tion* Cleanout In
$2,574.00 $50.00 $25.00
Per lateral Per lateral
*20% oftt; fee 1' :ion was paid previously with filing of
a Letter of Availability for TM 87-13. Fifty (50) pement was paid through escrow
based on allowable building area. Amount shown is the balance of sewer fee based
on actual building area.
Traffic Mitigation = Waived
Drainage = Waived
All public streets, improvements and utilities shall be constructed and completed.
Also see terms of the Standard Agreement for Construction of Public Imp
Fire Department access for use of fire fighting equipment shall be provided to the
immediate job construction site at the start of and :~ at all
times until construction is completed.
24.
25.
26.
27.
Resolution No. P-99-54
Page 6
Every building hereafter `i shall be accessible to Fire Department
apparatus by way of `iways 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.
The addition of onsite fire hydrants is required. The location of the hydrants shall
be determined by the City Fire Marshal.
Off'
as required, shall be dedicated.
All existing and new utilities shall be placed underground.
28.
29.
30.
31.
32.
33.
34.
The as-built plans for the project shall be submitted and approved by the City
Inspector, as well as the City Project Engineer. All drainage imp and
slope protection lall be installed and completed.
All Landscape M
District imp
lall be installed and inspected.
All interior lot landscaping and hardscape shall be installed and inspected.
The building shall display th -Id ~)le from the access
street. M :the building numbers shall be six inches on a 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's Department
ASTREA criteria.
An approved fire sprinkler system meeting P.M.C. req lall be installed
in the building. The entire system is to be monitored by a central monitoring
company. The system post ind :h tamper switches, also monitored,
are to be located by the City Fire Marshal prior to installation.
Permanent :lways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
A hood and duct extinguishing system shall be installed for all cooking facilities
within the kitchen area. Plans shall be submitted and approved prior to installation.
35. Minimum 2A: 10BC fire extinguisher required for even/3,000 square feet and 75 feet
of travel distance.
California, this 3rd day of August, 1999.
Resolution No. P- 99-54
Page 7
36. Material Safety Data Sheets shall be required for all hazardous and/or toxic
sub :1 in each building.
37. An Emergency Contingency Plan and Hazardous Materials D 3all be filed
with the County of San Diego Department of Health and copies provided to the
Poway Fire Department.
38. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
39. A six-foot-high trash :1 of d 3/block finished to
match the building and containing view obstructing gates shall be installed at the
designated location.
40. 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.
~rmation:
41. This approval shall expire at the end of two years from the date of the approval if
building permits have not been obtained within that time.
42. No building encroach permitted upon any utility or City held easement.
43. All proposed utilities within the project site shall be installed underground.
44. Any damaged offsite public works facilities shall be replaced or otherwise repaired
prior t I project
45. Parking stalls within any City easements are not permitted, unless otherwise
approved.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
ATTEST: Cit,~)y Cl6~
Lo'ri ~nn~ (~ ~A~)J
Peoples,
_ Resolution No. P-99-54
Page 8
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- 99-54 , was duly adopted by the
City Council at a meeting of said City Council held on the 3rd day of August, 1999, and that
it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY
EMERY, HIGGINSON, REXFORD, CAFAGNA
Lo'ri ~nle Pe~oples,
City of Poway
City Clerl~