DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
October 3, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services
Shravani Gupta Singavarapu, Associate Planner ~7
(858) 668-4609 or [email protected]
CITY COUNCIL
Conditional Use Permit (CUP) 22-0006 and Development Review (DR) 22-0005; a request to develop a drive-through restaurant with outdoor dining located at 12665 Poway Road and a determination that the Project does not require additional CEQA review pursuant to CEQA Guidelines 15162 This project is a proposal to demolish an existing 5,022-square-foot commercial building and redevelop the site with a 3, 144-square-foot drive-through restaurant, Raising Cane's, with outdoor dining located at 12665 Poway Road, in the Commercial Office (CO) land use district of the Poway Road Specific Plan (PRSP) area.
Recommended Action:
It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A) approving the project and making the determination that the Project does not require additional CEQA review pursuant to CEQA Guidelines 15162.
Discussion:
The applicant is Jay Higgins, and the property owner is Deborah Falk Properties LLC. The subject property is a 0.93-acre site located at 12665 Poway Road, in the Commercial Office (CO) land use district of the Poway Road Specific Plan (PRSP) area as shown on Attachment B. The site is located at the southwest corner of Poway Road and lpai Waaypuk Trail. Surrounding land uses consist of Oscar's Mexican food restaurant to the east, Midas Auto repair shop to the north, The House to the west, and Kumeyaay lpai Interpretive Center to the south. The site is currently developed with an old commercial barn building and pavement. The site was previously used for inventory storage for the Ford dealership. Development of a drive-through restaurant is allowed within the CO district with the approval of a CUP and DR. The findings for the CUP are specified in Poway Municipal Code (PMC) Section 17.48.070 and provided in Section 2 of the Resolution. The findings for the DR are specified in PMC 17.52.010 and provided in Section 3 of the Resolution.
The applicant proposes to demolish the existing 5,022-square-foot commercial building and redevelop the site with a 3, 144-square-foot drive-through restaurant with indoor and covered outdoor 1 of 23
October 3, 2023, Item #5
dining. Other improvements associated with the project includes onsite parking, driveway access from Poway Road and lpai Waaypuk Trail, and the development of double drive-through lanes. The required number of parking spaces per PMC section 17.42 is 21 parking spaces and the project proposes 23 parking spaces. A covered outdoor dining area is proposed along the northern portion of the site between the drive-through lane and Poway Road. Landscaping will provide a buffer between Poway Road and the seating area. A separate walkway will provide access from Poway Road to the restaurant and the outdoor dining area. This will help promote a pedestrian friendly environment which is a key goal of the PRSP.
The proposed building is single story and will have a maximum height of 20.5 feet including a roof parapet which will screen rooftop equipment. As proposed, the exterior material features vintage cedar wood, brick, perforated metal panels, vertical metal shingles and steel metal windows with rustic earth tone colors, indicative of a modern industrial farm style architecture. The materials and colors have been strategically allocated on the fa~ade to break the vertical and horizontal surfaces of the architectural planes. The proposed elevations are included as Attachment D. To enhance the buildings contribution to Poway's "City in the Country'' character, staff is recommending the faux window glazing be replaced with wood or brick treatment and rooftop screening shall be solid, complimenting with the remainder of the building. This revision in architectural style would make the project consistent with the PRSP design guidelines.
Currently, lpai Waaypuk Trail is not fully improved as there is a sidewalk only on the east side of the road. lpai Waaypuk Trail fronting the project area shall be widened to its ultimate half-section width.
This widening would allow for the addition of parallel parking and a minimum 4-foot sidewalk along the west side of lpai Waaypuk Trail. The project includes a 10-foot public right-of-way dedication to accommodate the widening. A low wall will provide a buffer between drive-through lane and the lpai Waaypuk Trail sidewalk. A new streetlight would be installed adjacent to the driveway access from the lpai Waaypuk Trail as part of the street improvements.
A Local Mobility Assessment (LMA) report was submitted to evaluate project-related traffic associated with the drive-through component of the restaurant. The proposed drive-through can be accessed from lpai Waaypuk Trail and Poway Road. The proposed project would provide two drive-through lanes wrapping around the south, east and north side of the building. An order board would be located at each of the drive-through lanes. During off-peak hours, the two drive-through lanes would merge into a single lane prior to the pay and pick-up windows, providing a queueing capacity of 16 vehicles. During peak hours, the project site provides a total queuing capacity of 24 vehicles by keeping the second drive-through lane open which allows for an additional pay and pick up lane, as shown on Attachment E. During peak hours additional operational features will be implemented to decrease the amount of drive-through waiting time such as employee hand-held ordering and payment.
Additionally, access to the driveway at Poway Road will be limited, forcing most vehicles to access the driveway on lpai Waaypuk Trail to avoid queuing on Poway Road. The drive-through design and location are consistent with the guidelines set forth in the LMA and PRSP.
Environmental Review:
An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP and certified by the City Council on December 5, 2017. This project is substantially consistent with the PRSP including its development standards and guidelines that were analyzed in the EIR. A traffic and parking analysis technical study was prepared that confirmed there are no substantial changes to either the project or surrounding circumstances, nor any new information that would require subsequent or supplemental environmental review pursuant 2 of 23
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to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163. Therefore, no further environmental analysis is required of the project.
An Archeological Assessment was prepared for the project by Terracon (dated September 2, 2022).
The Assessment reported no cultural resources were observed on the site as it is mostly paved, therefore the likelihood of previously unidentified cultural resource sites being present is considered low.
Fiscal Impact :
The proposed CUP 22-0006 and DR 22-0005 to develop a drive-through restaurant with outdoor dining has the potential to bring additional sales and property tax revenues to the City. HDL Companies, the City's sales tax consultant, provided estimated sales tax revenue ranging from $52,000 to $80,000 per year for a similar drive-through restaurant. In addition, the estimated increase in assessed value for the property will result in an increase of approximately $11,300 per year in property tax revenue.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, September 21 , 2023. A public notice was mailed to property owners and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. Site Plan
D. Building Elevations
E. Queuing Exhibits
Reviewed/Approved By:
We~~e~
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
October 3, 2023, Item #5
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 22-0006 AND DEVELOPMENT REVIEW 22-0005 FOR
THE CONSTRUCTION OF A DRIVE-THROUGH RESTAURANT
LOCATED AT 12665 POWAY ROAD; ASSESSOR PARCEL
NUMBER: 317-490-1400
WHEREAS, Conditional Use Permit (CUP) 22-0006 and Development Review (DR) 22- 0005 were submitted by Jay Higgins, applicant, for a proposal to demolish the existing 5,022- square-foot commercial building located at 12665 Poway Road in the Commercial Office (CO) land use district of the Poway Road Specific Plan (PRSP) area and to redevelop the site with a 3, 144-square-foot drive-through restaurant building and outdoor dining space; WHEREAS, on October 3, 2023, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed Conditional Use Permit request and has considered other evidence presented at the public meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: This project replaces an existing commercial building with a new restaurant and is substantially consistent with the PRSP. An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP and certified by the City Council on December 5, 2017. This project is substantially consistent with the PRSP including its development standards and guidelines that were analyzed in the EIR. A traffic and parking analysis technical study was prepared that confirmed there are no substantial changes to either the project or surrounding circumstances, nor any new information that would require subsequent or supplemental environmental review pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163.
Therefore, no further environmental analysis is required of the project.
SECTION 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), to approve CUP 22-0006, are made as follows:
A. The location, size, design, and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan, and the development policies and standards of the City, including the PRSP, in that a drive-through is allowed on a property within the CO land use district of the PRSP with approval of a CUP, and will otherwise comply with all of the relevant codes and standards of the City of Poway.
B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that all business operations will occur inside the proposed drive-through restaurant with parking and circulation occurring within the parcel boundaries.
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C. The proposed use is in harmony with the scale, bulk, coverage, density of, and is consistent with, adjacent uses in that the project involves the demolition of the existing 5,022-square-foot commercial building and the construction of a smaller new 3, 144- square-foot drive-through restaurant.
D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use.
E. There will not be a harmful effect upon desirable characteristics in that the project has been designed to be consistent with the drive-through guidelines contained in the PRSP.
F. The establishment of a drive-through restaurant will not adversely impact the capacity and physical character of the surrounding streets and/or the Transportation Element of the General Plan in that the project has been designed to handle the queueing of vehicles in the proposed drive-through lane and will not impact traffic flow on lpai Waaypuk Trail or Poway Road.
G. The site is suitable for the type and intensity of use or development that is proposed in that the proposed restaurant is smaller in size than the existing commercial building that is being replaced on the site and the project has been designed to handle onsite drive through traffic. Additionally, parking for the use will be accommodated onsite.
H. There will not be significant harmful effects upon the environmental quality and natural resources in that the site was previously graded, paved and fully developed and contains no natural habitat. Archaeological monitoring shall be conducted during ground-disturbing activities to ensure that if buried cultural materials, either historic or prehistoric are present, they will be handled in a timely and proper manner.
I. There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. The impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity, nor be contrary to the adopted General Plan.
K. The proposed conditional use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance), in that the proposed use is a conditionally permitted use and has been designed such that it will not result in significant environmental impacts.
SECTION 3: The findings for DR 22-0006, in accordance with the PMC 17.52.010 Purpose of Development Review, are made as follows:
A The project has been designed to be architecturally compatible with surrounding development and conforms to the PRSP development standards and design guidelines.
Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development by utilizing an architectural design that is substantially consistent with the PRSP and will be 5 of 23
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Resolution No. 23-
compatible with surrounding commercial center development. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City.
C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed redevelopment project will complete improvements necessary for the proposed drive-through restaurant.
D. The design and improvements of the proposed development are substantially consistent with all elements of the Poway General Plan and the PRSP.
Section 4: The City Council hereby approves CUP 22-0006 and DR 22-0005 as shown on the approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant.
B. Approval of this CUP and DR request shall apply only to the subject project and 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 issuance.
C. Within 30 days of the date of this approval, and before the issuance of any permit: (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. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site, including the lease area.
D. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels.
E. The conditions of CUP 22-0006 and DR 22-0005 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.
F. CUP 22-0006 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year.
G. Prior to opening of business, the Applicant shall apply to obtain a Business Certificate 6 of 23
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through the Customer Services Department of the City of Poway. Prior to a business Certificate, the Applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required.
2. Any signs proposed for the restaurant and drive-through shall be designed in accordance with the Sign Ordinance. The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation.
H. Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading Permit. Compliance with the following conditions is required prior to issuance of the Grading Permit:
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(Engineering)
1. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', utilizing the vertical datum NAVD88, unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the Poway Municipal Code shall be submitted. The applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule.
2. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development.
3. A drainage study addressing the impacts of the 100-year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer.
4. Water Quality Control - Design and Construction
The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. The applicant will be required to install approved trash treatment control devices and include these facilities in the SWQMP. a. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement (SWFMA) accepting responsibility for all structural Best Management Practices (BMP) maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The easement, operation and maintenance requirements shall be binding on the land as outlined in Chapter 16.104 of the Poway Municipal Code.
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b. Provide one copy of each of the exhibits necessary for the SWFMA. Exhibits shall include but are not limited to: Property and Easement Legal Descriptions, Site Plan, and an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code.
c. Upon approval of the SWQMP, provide a PDF version.
5. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the Poway Municipal Code. A minimum cash security of $2,000 is required in all instances.
6. The applicant shall pay the stormwater pollution inspection fee according to the latest adopted master fee schedule.
7. Following approval of the grading plans, posting of securities and fees, and receipt of four copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer along with four copies of the approved grading plans. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector.
8. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', utilizing vertical datum NAVO 88, unless otherwise approved by the City's project engineer, in accordance with the submittal and content requirements listed in the Poway Municipal Code shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The improvement plan shall include, at a minimum, the following features:
a. New sidewalk, curb and gutter along the west side of lpai Waaypuk Trail connecting to the existing sidewalk on the west side of the cul-de-sac. b. New driveways (one on Poway Road and one on lpai Waaypuk Trail). c. Replacement of the existing driveways with sidewalk, curb, and gutter. d. New streetlight on lpai Waaypuk Trail.
e. Water and sewer services to the property line.
f. The abandonment of any existing utility stubs to the project site that are not utilized with this development.
g. Transformers and other above ground utilities must be placed outside of the sight visibility triangle as specified in the Poway Municipal Code 17.22.100.C.
9. The public improvement plan shall be reviewed and approved to the satisfaction October 3, 2023, Item #5
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Resolution No. 23-
of the City Engineer. Upon approval of the improvement plan, the applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for monumentation and public improvements.
10. Any existing and proposed public easements, dedications shall be depicted on the grading plans. Any proposed public easement dedications shall be submitted via separate easement submittal process prior to grading permit issuance. Public dedications include the ten-foot dedication required to the west of the existing lpai Waaypuk Trail right-of-way. A plat and legal, title report, and applicable fee shall be submitted.
11. Prior to start of any work within a City-held easement or right-of-way, a Right-of Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.
12. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance.
13. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code by the engineer of record stating that all protected areas have been staked in accordance with the approved plans.
(Traffic)
14. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', utilizing vertical datum NAVO 88, unless otherwise approved by the City's project engineer, in accordance with the submittal and content requirements listed in the Poway Municipal Code shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The improvement plan shall include, at a minimum, the following features:
a. lpai Waaypuk Trail fronting the project area shall be widened to its ultimate half-section width. This includes a 21-foot paved roadway to allow for parallel parking and minimum 4-foot sidewalk.
15. The public improvement plan shall be reviewed and approved to the satisfaction of the City Engineer. Upon approval of the improvement plan, the applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for monumentation and public improvements.
October 3, 2023, Item #5
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Resolution No. 23-
16. A 10-foot public right-of-way dedication along the east property line, adjacent to the lpai Waaypuk Trail right-of-way shall be dedicated for the widening improvements. Public dedications shall be submitted via a separate easement submittal process prior to grading permit issuance. A plat and legal, title report, and applicable fee shall be submitted.
17. Prior to the start of any work within a City-held easement or right-of-way, a Right of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. (Planning)
18. Archaeological monitoring shall be conducted during ground-disturbing activities to ensure that if buried cultural materials, either historic or prehistoric are present, they will be handled in a timely and proper manner. Written verification shall be provided to the Planning Division that a qualified archaeologist has been retained to implement the monitoring program. Provide documentation from the contracted archeologist advising of commitment to work on the project in accordance with the archeological report dated September 2, 2022, prepared by Terracon. Be advised that the contracted archeologist is required to attend the pre-construction meeting when the project grading permit is to be issued.
In the event unanticipated, buried prehistoric archaeological resources (lithic material, fauna!, pottery, etc.) or historical archaeological resources (ceramics, building materials, glassware, etc.) be unearthed during construction or any ground disturbing activities within the project footprint, resource treatments would become necessary. Once a potential resource has been identified, all work within 100-feet must be halted until the find can be assessed by a qualified archaeologist.
19. Label and dimension all surface improvements (e.g., walkways, patios, landscape areas). The grading plan shall indicate the location of the projects required trash enclosure area. The area shall be an adequate size to accommodate recycled material and composting bins in addition to the trash dumpster .
20. The grading and improvement plans shall show all existing trees on the site and call out if they are proposed to remain or to be removed. 21 . A Tree Removal Permit shall be obtained prior to the removal of all existing trees.
A separate permit is required for trees within the public right-of-way and trees located on private property. The removal of both public and private trees shall conform to Chapter 12.32 (Urban Forestry) Articles II and 111 of the PMC. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 through August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918.
22. Landscape and irrigation on-site and within the right-of-way fronting the property shall be provided in accordance with the PSRP and the Poway Landscape and October 3, 2023, Item #5
Resolution No. 23-
Irrigation Design Manual. Plans shall be submitted and a minimum of one staff review shall be completed prior to issuance of a grading permit and/or improvement plan. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, PMC Chapter 17.41, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is a separate submittal from other Project plan check submittals, and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant.
a. A minimum of one 15-gallon tree, per City specification, shall be provided for every three parking spaces except for parking spaces adjacent to the east side of the proposed building. Tree wells may be used to satisfy the parking lot tree planting requirement. Said trees shall be located to provide shade cover for the vehicles where practical.
b. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4: 1).
c. Street trees shall be provided along Poway Road and lpai Waaypuk Trail in accordance with landscape design manual.
d. The landscape plan shall incorporate any replacement trees required by approved Tree Removal Permits.
e. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets.
f. The landscape plans shall include safety screening fence between the queuing aisle and the right-of-way on lpai Waaypuk Trail to the satisfaction of the Director of Development Services
g. Calipers, heights, and spreads at 15-year maturity shall be specified on the landscape plan and shall be to the satisfaction of the Development Services Director.
I. The applicant shall obtain a Building Permit associated with the proposed project. Prior to issuance of a Building Permit, the applicant shall comply with the following conditions:
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1. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements.
2. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required.
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(Engineering)
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3. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein.
Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City.
4. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life.
5. Applicant shall obtain a Grading Permit and complete rough grading of the site.
The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following:
a. Two copies of certification of line and grade for the lot, prepared by the civil engineer of work.
b. Two copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
6. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. (Traffic)
7. The Final Traffic Management Plan reflecting the different phases and queuing for the site shall be submitted and approved to the satisfaction of the City Engineer prior to Building Permit issuance.
8. The landscape plans shall include safety screening fence between the queuing aisle and the right-of-way on lpai Waaypuk Trail to the satisfaction of the Director of Development Services.
(Planning)
9. Applicable school impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570.
10. The building plans shall include details for all exterior lighting to demonstrate conformance with PRSP Section 4.6 and PMC Section 17.10.150(H), including, but not limited to, reflecting light downward, away from any road or street, and away from any adjoining residential development and providing lighting at building entrances with appropriately scaled light fixtures. Lighting shall be maintained in compliance with City standards by the Applicant for the life of the project. 11 . Signs proposed for this development shall be reviewed for compliance with the October 3, 2023, Item #5
Resolution No. 23-
City PMC section 17.40 for Comprehensive Sign Regulations and shall be approved under a separate Sign Permit.
12. 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 Division.
13. Exterior building materials and finishes shall reflect the approved elevations on file in the Development Services Department and the conditions contained herein to comply with the PSRP design guidelines to the satisfaction of the Director of Development Services. The proposed metal panels shall not be reflective material.
The faux window glazing shall be replaced with wood or brick treatment consistent with the remainder portion of the building. The rooftop equipment screening shall be solid complimenting the building materials.
14. The site plan shall show that all parking stalls to be double striped.
15. The site plan shall designate two employee parking adjacent to the driveway on the Poway Road. These parking spaces shall be striped as employee parking.
J. Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the following conditions:
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(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted.
2. All utility services shall be installed and completed by the property owner and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground.
3. The drainage facilities, driveway, slope planting measures, all utility services shall be installed and completed by the property owner, and inspected by the Engineering Inspector for approval.
4. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project.
6. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended.
October 3, 2023, Item #5
(Planning)
Resolution No. 23-
7. 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 issuance.
8. Landscaping and irrigation on-site shall be installed per the approved landscape plans.
9. 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 Development Services.
K. The applicant shall comply with the following requirements to the satisfaction of the Fire Department:
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1. Raising Cane's is required to meet all applicable Poway Municipal Code, California Fire Code (CFC) and Building Codes for this project.
2. Commercial type 1 kitchen hoods with mechanical ventilation exhaust, protected by commercial kitchen fire suppression systems shall be required. Plans to be submitted directly to the fire department for review and approval.
3. Class K and ABC fire extinguishers are required throughout per the CFC.
4. Illuminated exit signage is required throughout per the CFC.
5. Emergency exit lighting is required throughout per the CFC.
6. Fire panic hardware is required throughout per the CFC.
7. An occupancy load sign is required per the CFC.
8. A fire department Knoxbox is required with master keys per the CFC.
9. Fire lanes shall be provided and maintained per the CFC.
10. Electrical and mechanical rooms shall be identified by signage and maintained free of any combustible storage.
11. The structure shall have an approved contrasting address number visible from the roadway fronting the property.
12. Fire protection equipment and systems shall be identified by signage.
13. Mechanical refrigeration shall comply with the CFC.
14. Cryogenic fluids shall comply with the CFC.
15. Type 1 hood cleaning schedules shall comply with the CFC.
October 3, 2023, Item #5
Resolution No. 23-
16. Kitchen fire suppression service schedules shall comply with the CFC.
17. Fire extinguisher service schedules shall comply with the CFC.
18. Cooking oil storage shall comply with the CFC.
L. Upon establishment of the proposed use, pursuant to CUP 22-0006 and DR 22-0005, the following shall apply:
15 of 23
1. To manage and promote efficient drive-through traffic flow during peak use hours, the business shall implement the approved Traffic Management Plan identifying the different phases and queuing for the site. Also, an operational practice of posting staff with electronic hand held menu order pads at the entrance of the drive through lane when queuing exceeds eight cars.
2. The activities of the facility shall not occur in such a manner as to create adverse impacts on the circulation and parking on surrounding public streets.
3. Delivery and trash collection times shall be according to the approved Traffic Management Plan.
4. The parking areas and driveways shall be well maintained.
5. All existing lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises.
6. No loudspeaker or order speaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone or electric bell or chime system.
7. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove more than 25 percent of the trees' leaf surface.
8. The owner or operator of the facilities shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. (Public Works)
9. Public Stormwater manhole cover must be kept exposed and accessible in the landscaped area of the north side of property.
10. All landscaping involved with this development shall be maintained by the property owner to a service "A" including but not limited to trees, vegetation , and irrigation.
October 3, 2023, Item #5
Resolution No. 23-
SECTION 5: The approval of CUP 22-0006 and DR 22-0005, shall expire on October 3, 2023, at 5:00 p.m., unless, prior to that time, construction on the property in reliance on the CUP/DR approval has commenced.
SECTION 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of October 2023, by the following vote, to wit:
AYES:
NOES:
ABSTAINED :
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
16 of 23
October 3, 2023, Item #5
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17 of 23
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Subject Location:
APN 317-490-14
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oak Knoll Rd
City of Poway
Zoning/ Location Map
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ATTACHMENT B
500
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Poway Rd
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Buckley St
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October 3, 2023, Item #5
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POWAY ROAD
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RAISING CANE'S
PROTOTYPE #6
(E/AV)
3,144 GROSS S.F.
ATTACHMENT C
October 3, 2023, Item #5
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MATERIAL FINISHES
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MCNICHOLS Perforated Archhecturol Panels
Metal Panel Nlchiha: Vintage ceoar
Powder Coat: Slack Wood look Material
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Masonry Medlum range,
smooth. Iron Spol Mortar to
match solomon products lo
h. weathered horizontal
strike. vertical Joints are hush
brick. morter to match
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light butt Sack rub finish.
Faux Window
Grey tlnt&d Glass/glazing
SIDE ELEVATION· SOUTH
SCALE: I'= 12'·0'
DRIVE-THRU ELEVATION - NORTH !POWAY ROl
LENGTH HEIGHT AREA PROPOSED GLAZING AREA
ISfl
BUILDING FACADE 64'-10" 20'·6" 1,329 REQ'O: 50% MIN
AREA 66S
18'-3" 15'-5" 281 PROVIDED: 60%
GLAZING AREA 20'-2" 15'-5" 311
PROPOSED 32'-5" 4'-0.. 130 802
20'--0' 4'-0" 80
802 > 665 /REQUIRED: MINIMUM 50%)
REAR ELEVATION- EAST IIPAI WAAYPUK TRAIU
LENGTH HEIGHT AREA PROPOSED GLAZING AREA
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BUILDING FA\ADE s1'-r 20'·6 " 1,057 REQ'D: 25% MIN
AREA 264
23'--0' 12'·2" 280
GLAZING AREA 22'--0'" 4'-0' 88 PROVIDED: 39%
PROPOSED 4'-6'. 4'-0" 18 410
2'-8" 9'-0" 24
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EXTERIOR ELEVATIONS
C923 - Poway & Silver Lake - Poway , CA I February, 2023 -T
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EXHIBIT A
PHASE1-STANDARD
DRIVE THRU
OPERATIONS
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09/20/202.3
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POWAY, CAUFORtll/; JL
I YTCINITY HAP T NO T TO SCALE
LEGEND
1§::0=l 20 CARS
CIIAP111CSC4L(Nr((t
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October 3, 2023, Item #5
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PHASE 2 - TRAFFIC
MANAGEMENT PLAN
C923 SILVER LAKE DR & POWAY RD, POWAY, CA
09/21/2023
i
VfC/NITY MAP
NOT TD SCAll'
LEGEND
f l 11$1 20 CARS
{"Cl □ =! 8 CARS
28 CARS
CIIA..PH;C!i,C,lL( ll/r([f
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October 3, 2023, Item #5
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EXHIBIT C
PHASE 3 - TRAFFIC
MANAGEMENT PLAN
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C923 SILVER LAKE DR & POWAY RD, POWAY, CA
09/21/2023
VICINITY HAP
NOT TO SCALE'
LEGEND
Is l □@ 20CARS
!eel 0§ 8 CARS
t ..!.J.iZ 5 CARS
33 CARS
l;l!APK:CSCAL( lrlr( [T
t_;...° ~lo
October 3, 2023, Item #5
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0 EXHIBIT D
PHASE 4 - TRAFFIC
MANAGEMENT PLAN
C923 SILVER LAKE DR & POWAY RD, POWAY, CA
09/21/2023
\
VICl/lll'V l!AF
PO'.'JAY, CAIJFORtllA ... ~l.
VICINITY HAP
NOT TO SCAI.E
LEGEND
Isl 0=1 20 c ARs
1§10@ S CARS
l 'E;;:; 5 CARS
c_ _ _J_ _ _' 5 CARS
38 CARS
ClUJ'H:C SCA.~( lfl r[[J
tci-Z=:::A°
October 3, 2023, Item #5