Agenda packet — Poway City Council, May 21, 2024 (part 2 of 2)

provided in subsection A of this section, No accessory building or structure shall attach to a main residence unless setbacks for the main residence are complied with for all structures to be attached.

SECTION 5: Section 17.08.180(C)(1) of the PMC shall be amended as follows:

C.1. Size. On lots less than two net acres in size, a detached nonhabitable accessory building shall not be greater than 50 percent of the gross floor area of the living space of the main residence on the lot or 1,500 square feet, whichever is less. A garage with a gross floor area no greater than 600 square feet is permitted regardless of the living space of the main residence, if no other garage is located on the lot. A detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet may be approved with a minor development review permit pursuant to Chapter 17.52 PMC. On lots two net acres or more in size, the size limits for nonhabitable accessory buildings and garages do not apply.

SECTION 6: Section 17.08.210(8) shall be amended as follows:

B. A manufactured home may not be installed if more than 10 years have elapsed between the date of manufacture of the manufactured home and the date a complete minor development review permit application for installation of that home is received.

SECTION 7: Section 17.30.01 0(A) shall be amended as follows:

A. Unlighted private recreational courts may be permitted as an accessory use in single-family zones, subject to the standards contained in PMC 17.30.020.:. and to the approval of a minor development revievv by the Director of Development Services.

SECTION 8: Section 17.52.050(A) shall be amended as follows:

A. The Director shall have the authority to approve, deny or modify applications for minor development review projects as designated below:

1. Single family homes not within a tract subdivision, i.e., custom homes.

2. Construction of an addition to a single family home, a detached accessory building and/or reconstruction of a single family home which results in more than an additional 750 square feet of habitable space. This section shall also apply to multiple additions if, in any 12 month period, a building permit is issued for more than one addition to a single family home or detached accessory building and the total square footage of the approved additions results in more than an additional 750 square feet of habitable space. If the construction of an addition that is less than 750 square feet of habitable space has received final approval from the City at least one year prior to the submittal of a request for a new addition of habitable space, the square footage of the prior addition shall not count toward the 750 square foot threshold.

3. On lots less than two net acres in size, the construction of a detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet gross floor area, as allowed pursuant to PMC 17.08.180(C)(1).
5 of 11
May 21, 2024, Item #12
Ordinance No. ***

Page 3 ends

_1.4. Remodeling, alterations or additions of commercial and industrial buildings that total less than 10,000 square feet of gross floor area or 25 percent of the gross floor area of an existing building on the site, whichever is more restrictive .
.6..c5. Construction or alteration of utility facilities in, on, over, upon, across, and along the public streets and public rights-of-way within the City of Poway shall require approval of a minor development review permit from the Director of Development Services if the facilities include a surface-mounted cabinet with a dimension (width, height, or length) greater than 36 inches, or where more than one cabinet of any size is located closer than 100 feet to another cabinet of any size. Exempt from this requirement are facilities placed underground. The applicant shall comply with the "Guidelines for the Placement of Utility Facilities in the Public Rights-of-Way." SECTION 9: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.

SECTION 10: This Ordinance shall be codified.2
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.

CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 21st day of May, 2024 and thereafter II
II
II
II
II
II
II
II
II
6 of 11
May 21, 2024, Item #12
Ordinance No. ***

Page 4 ends

PASSED AND ADOPTED at a regular meeting of said City Council held the 4th day of June, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
7 of 11
May 21, 2024, Item #12
DATE:

TO:

FROM:

SUBJECT:

Summary:

M EM ORAN OLJ M City of Poway
February 6, 2024
Members of the City Council
Mayor Steve Vaus
Minor Development Review Application for Residential Projects The development review and permitting process is guided by numerous requirements set forth in state, county and local laws. While the City does not have control over state and county laws, we do have the opportunity, and I would argue the responsibility, to regularly review processes set forth in the Poway Municipal Code (PMC) to see where there are opportunities to cut red tape, improve efficiencies and reduce unnecessary costs and time associated with the development process. particularly for individual property owners trying to build a single home, complete an addition, remodel. a detached accessory structure, or build an unlighted recreational court.

Currently, per the PMC, the following types of projects require the processing and approval of a Minor Development Review Application (MORA) before a Building Permit application can be accepted by the City:
• A new single-family home. (Multiple new homes that are part of a tract housing project require a Development Review Application).
• A single-family home addition/remodel which results in 750 square feet, or more, of habitable space.
• A detached, non-habitable, accessory structure that exceeds 1,500 square feet on a residential lot less than 2 acres.
• Unlighted recreational courts.
• Additions to commercial buildings which are less than 10,000 square feet or 25 percent (25%) of the existing square footage, whichever is more restrictive. • Significant exterior renovations to commercial buildings. • Above ground public utility boxes that have a dimension of greater than 36 inches in any direction or any utility box within 100 feet of an existing utility box. • Other ground mounted equipment on commercial and industrial lots that are not enclosed within a wall or fence.
• Telecommunication facilities located within the South Poway Business Park.

While the MORA process is intended to help applicants by providing staff an opportunity to thoroughly review projects and identify potential issues prior to the building permit process, it results in additional costs to the applicant, requires additional staff time, provides little new 1 of Z February 6, 2024, Item #9
8 of 11

ATTACHMENT B
May 21, 2024, Item #12
information, and causes substantial delays in permit approval and construction. It is also fairly unique to Poway. My proposal is that we direct staff to bring forward proposed changes to the PMC to eliminate the MDRA process for residential projects including the construction of a single home, additions, remodels, detached accessory structures, and unlighted recreational courts. The exception would be residential properties where habitat is identified by the City's Habitat Conservation Plan (HCP). Those projects, along with commercial projects and telecommunication facilities would all remain subject to current MDRA requirements in the PMC. Projects where cultural resources are identified may be subject to additional submittal and/or monitoring requirements and fees.

For projects eligible to skip the MDRA process, applicants would still be required to submit all of the technical documents and plans required by the MDRA process, however instead of doing that prior to application for a building permit, they would submit at the time of building permit application.

As part of the MDRA process, courtesy notices are provided to neighbors 10 days prior to approval.

Should the MDRA process be eliminated for residential projects this courtesy notification would no longer be provided, as the City does not provide advanced notice of approval of building permits. To do so would be overly burdensome.

Recommended Action:

Mayor Vaus requests concurrence to direct staff to bring forward recommendations for eliminating the MDRA process for residential projects including a single home, additions, remodels and detached accessory structures, and unlighted recreational courts with the exception of projects with habitat as identified in the City's Habitat Conservation Plan (HCP).

Should these changes to the PMC be approved at a future City Council meeting, it is recommended _ there be a one year .look back following implementation to assess its impact on streamlining the development process.

Attachments:

None.

Reviewed/Approved By
w~~
Assistant City Manager
2 of2
9 of 11
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 6, 2024, Item #9
May 21, 2024, Item #12
STEVE V AUS, Mayor
CA YLIN FRANK, Deputy Mayor
PETER DE HOFF, Councilmember
ANITA EDMONDSON, Councilmember
BRIAN PEPIN, Councilmember

CITY OF POWAY
Development Services Department
Information Sheet
Information for the following types of development:
• New Single-Family Residence
• Additions to Single Family Residence of 750 square feet or more of habitable space • Detached non habitable accessory structure that exceeds 1,500 square feet. • Unlighted Recreational Courts
Before submitting your building permit application to the Development Services Department, you are encouraged to contact the Planning Division to get clarification on the City submittal requirements specified below. Also be advised that, depending on the type and location of the project, additional special studies and/ or reports pertaining to biological or archeological resources, grading in hillside areas, and/or storm water quality may be required. Applications can be submitted anytime though the City of Poway Online Services portal at services.poway.org. Topics listed below need to be considered prior to building permit application submittal.

The purpose of a building permit is to ensure that new construction meets minimum code standards, which are designed to protect life and property. To accomplish this, building permit applications are reviewed by city staff against applicable state and local building and land development codes and regulations. Initial application submittals that are complete and accurate help streamline the department's review processes, which allows the city to issue permits quicker thereby saving applicants time and money.

Please note, applications for which no permit is issued within 365 days following the date of application shall expire with no extensions. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 days after it's issuance or if the work authorized on the site by such permit is suspended or abandoned for a period of 365 days after the time the work is commenced.

HABITAT/ BIOLOGICAL RESOURCES
When a project site contains habitat and/or a proposed project has the potential to impact habitat a biological report/assessment by a qualified biologist may be required.

An Administrative Clearing Permit (ACP) will be required for any impacts to habitat pursuant to Poway Municipal Code (PMC) Chapter 16.42.

GRADING
Projects that require a grading permit must apply for a grading permit and grading shall be completed prior to Building Permit issuance.

In general, a grading permit is required if the proposed excavation or fill exceeds 3 vertical feet in depth, if there is over 50 cubic yards in total excavation or fill, for the paving over an exposed ground surface of over 5,000 square feet, etc. To determine if your project requires a grading permit, please refer to PMC Chapter 16.42 and contact Engineering staff.

SLOPE
When a project is located in the RR-A, RR-B, RR-C, or RS-1 zone, a slope analysis is required pursuant to Resolution 01-103. The maximum allowable graded area will be based on the slope analysis. 10 of 11
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org

ATTACHMENT C
May 21, 2024, Item #12

CULTURAL

RESOURCES
Development
Services
Department
Information
Sheet
When
a
project
is
located
within
an
area
designated
with
high
or
moderate
potential
for
cultural
resources,
as
mapped
in
the
General
Plan,
a
cultural
resources
survey/report
by
a
qualified
archaeologist
or
paleontologist
will
be
required.

Additional
monitoring
may
be
recommended
during
excavation
and/or
grading
activities.

If significant
resources
are
present,
the
appropriate
California
Environmental
Quality
Act
(CEQA)
review
will
be
required.

VERY
HIGH
FIRE
HAZARD

SEVERITY
ZONE
(VHFHZ)
If
you
are
within
the
very
high
fire
hazard
area,
it
is
recommended
to
contact
the
City
of
Poway
Fire
Department.

A
landscape
plan
and
fire
fuel
management
plan
(FFMP)
will
be
required
for
a
new
single-family
residence,
additions
to
single
family
residence,
or
accessory
structures
located
within
the
VHFHZ.

LANDSCAPE
PLAN
To
determine
if
your
project
requires
a landscape
plan,
please
refer
to
PMC
Chapter

17.41 .020
Please
see
City
of
Poway
Landscape
and
Irrigation
Des
ign
Manual.

STORMWATER The
Stormwater
Intake
form
and
the
applicable
Storm
Water
Quality
Management
Plan
(Standard
or
Priority
Development
Project)
shall
be
completed
by
the
applicant.

Please
find
templates
at:
https
://poway
.org/963/Stormwater-Forms

UNLIGHTED

RECREATIONAL
COURT
Paving
for
a recreational
court
does
not
require
a building
permit.

However,
if
proposed
fencing
is
over
six
feet
in
height,
a building
permit
will
be
required.

It
is
also
possible
that
a
grading
permit
will
be
required
to
create
the
flat
recreational
court.

If
lights
are
proposed
with
the
recreational
court,
a
Minor
Conditional
Use
Permit
(MCUP)
with
City
Council
approval
is
required
.

Please
refer
to
PMC
Chapter
17 .30
for
recreational
court
development
standards.

PROPERTY

NOTICING
A
sign
describing
the
proposed
project
shall
be
posted
prominently
at
the
front
of
the
property
for
the
projects
listed
above.

The
City
will
provide
this
sign
at
the
time
of
building
permit
application
.

FURTHER
QUESTIONS?
It
is
highly
recommended
to
meet
with
City
staff
before
applying
for
a building
permit.

Staff
is
available
over
the
counter,
phone,
and
via
email
for
general
information. City
Hall
is
located
at
13325
Civic
Center
Drive
and
is
open
Monday
through
Thursday
from
7:30am
to
5:30pm,
with
alternating
Fridays
open
from
8am
to
5pm.

For
questions
and
appointments,
please
call
the
Planning
Division
at
(858)
668-4600;
Engineering
Division
at
(858)
668-4655;
Fire
at
{858)
668-4471.

For
more
detailed
responses
regarding
your
project,
pre-applications
are
available,
free
of
charge,
through
the
City
of
Poway
Online
services
portal
at
City
of
Poway
Online
Services
. Staff
will
take
approximately
thirty
days
to
review
your
pre-application
and
provide
detailed
information
. Be
advised
that
City
comments
may
be
limited
given
the
extent
and
clarity
of
information
submitted
with
the
application
.
11 of
11 2
May 21, 2024, Item #13
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
May 21, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /!1J{
Mary Piscitelli, Associate Planner
(858) 668-4657 or m [email protected] MF

CITY COUNCIL
Conditional Use Permit 24-0004 and Development Review 24-0001, a Request to Modify the Approved Conditional Use Permit 22-0006 and Development Review 22- 0005 by Relocating the Outdoor Dining Area for Raising Cane's, located at 12665 Poway Road (APN 317-490-14-00)
This project is a request to modify the previously approved Conditional Use Permit {CUP) 22-0006 and Development Review (DR) 22-0005 for the relocation of the outdoor dining area. The approved CUP was approved 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 CUP 24-0004 and DR 24-0001 for the modification of CUP 22- 0006 and DR 22-0005 and make the determination the project does not require additional California Environmental Quality Act {CEQA) review pursuant to CEQA Guidelines 15162.

Discussion:

The applicant is Lester Tucker, for Raising Cane's, 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 CO land use district of the PRSP area {Attachment B). The site is located at the southwest corner of Poway Road and lpai Waaypuk Trail. Surrounding land uses consist of a restaurant and office building to the east, an auto repair shop to the north, a music and dance studio 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 approval of a CUP are specified in Poway Municipal Code {PM() Section 17.48.070 and provided in 1 of 43
May 21, 2024, Item #13
Section
2 of
the
Resolution
. The
findings
for
approval
of
a
DR
are
specified
in
PMC

17.52.01 O
and
provided
in
Section
3 of
the
Resolution.

On
October
3,
2023,
the
City
Council
adopted
Resolution
23-050
(Attachment
C)
approving
CUP
22-
0006
and
DR
22-0005
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
dining
along
Poway
Road.

The
approved
site
plan
and
building
plans
are
provided
as
Attachment
D.

No
plan
changes
are
proposed
for
the
previously
approved
single-story
building
with
a
maximum
height
of

20.5 feet,
including
a
roof
parapet
which
will
screen
rooftop
equipment.

The
CUP
24-0004
and
DR
24-0001
modification
proposes
relocating
the
outdoor
dining
area
from
the
northerly
portion
of
the
site
fronting
Poway
Road
to
the
area
abutting
the
building's
south
elevation.

The
new
outdoor
dining
area
is
a
different
size
and
configuration
and
has
the
potential
to
seat
more
guests
than
the
previous
location
(up
to
66).

The
relocation
of
the
outdoor
dining
area
removes
a
potential
pedestrian
conflict
with
cars
exiting
the
drive-through
aisles
. Maintaining
the
northerly
portion
of
the
site
as
a
landscaped
area,
with
benches
providing
rest
areas
for
pedestrians,
promotes
the
pedestrian-friendly
environment
along
Poway
Road
which
is
a key goal
of
the
PRSP.

The
proposed
site
plan
is
provided
as
Attachment
E.

Environmental
Review:

CUP
22-0006
and
DR
22-0005
was
determined
to
be
consistent
with
the
PRSP
and
covered
by
the
program
Environmental
Impact
Report
(EIR).

Modifications
proposed
with
CUP
24-0004
and
DR
24-
0001
are
not
significant
and
the
project
is
still
substantially
consistent
with
the
PRSP.

There
are
no
substantial
changes
to
either
the project
or
surrounding
circumstances,
nor
is
there
any
new
information
that
would
affect
this
determination;
therefore,
no
subsequent
or
supplemental
environmental
review
is
required,
pursuant
to
Public
Resources
Code
Section
21166
and
CEQA
Guidelines
Section
15162
.

Fiscal
Impact:

The
approved
CUP
22-0006
and
DR
22-0005,
to
develop
a
drive-through
restaurant
with
outdoor
dining,
was
determined
to
have
the
potential
to
bring
additional
sales
and
property
tax
revenues
to
the
City.

HDL
Companies,
the
City's
sales
tax
consultant,
had
provided
for
the
approved
CUP
and
DR
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
is
planned
to
have
an
increase
of
approximately
$11,300
per
year
in
property
tax
revenue
. No
further
fiscal
impact
analysis
has
been
performed
on
the
proposed
modification,
since
the
modification
is
only
for
site
plan
changes. Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Tuesday,
May
9,
2024.

A
public
notice
was
mailed
to
property
owners
and
occupants
located
within
500
feet
of
the
project
site.

REMAINDER
OF
PAGE

INTENTIONALLY
LEFT
BLANK
2 of43
May 21, 2024, Item #13
Attachments: A.

Resolution
for
CUP
24-0004
and
DR
24-0001
B.

Zoning
and
Location
Map
and
Aerial
Photo
C.

Resolution
23-050
D.

Approved
Site
Plan
and
Building
Plans
E.

Proposed
Site
Plan
Reviewed/Approved
By:

Assistant
City
Manager
3 of
43 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
c~
'
City
Manager
May 21, 2024, Item #13
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 24-0004 AND DEVELOPMENT REVIEW 24-0001, A
MODIFICATION OF 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, agent and 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 approved CUP 22-0006 and DR 22- 0005;
WHEREAS, CUP 24-0004 and DR 24-0001, were submitted by Lester Tucker, agent and applicant, to request a modification to the approved CUP 22-0006 and DR 22-0005, to allow the relocation of the outdoor dining area from the northerly portion of the site to the south side of the restaurant building;
WHEREAS, on May 21, 2024, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against, relative to this application; WHEREAS, Section 17.48.070 of the Poway Municipal Code (PMC) establishes findings required for granting a CUP and Section 17.52.010 establishes findings for granting a DR; and WHEREAS, the City Council has read and considered the agenda report for the proposed CUP and DR modification 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 conforms to the prior approved project CUP 22-0006 and DR 22-0005 and proposes relocation of the approved outdoor eating area from the northerly portion of the property to the south side of the restaurant building. Both the original proposal and this modification are 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, where the Council found that the project was substantially consistent with the adopted PRSP, including its development standards and guidelines that were analyzed in the EIR. A traffic and parking analysis technical study was previously 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. The modification does not substantially change the land use, traffic, and other CEQA components from the original approved proposal; therefore, no further environmental analysis is required of the project. 4 of43

ATTACHMENT A
May 21, 2024, Item #13
Resolution No. 24-

Page 2 ends

SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve CUP 24-0004, incorporating the findings made for 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.

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.

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, with this modification allowing for the relocation and resizing of the outdoor dining area.

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 5 of 43
May 21, 2024, Item #13
contrary to the adopted General Plan.

Resolution No. 24-

Page 3 ends

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.

L. The granting of the CUP would not be materially detrimental to the public health, safety or welfare within the community since the proposed project will complete improvements . necessary for the proposed drive-through restaurant. The proposed relocation for the outdoor dining area, as shown on the plans, is a suitable location for the outdoor area, and removes a potential pedestrian hazard.

M. The proposed relocation of the outdoor dining area allows the northerly portion of the property to be more fully landscaped, with rest benches for pedestrians on Poway Road, thereby further implementing the PRSP.

SECTION 3: The findings, in accordance with Section 17.52.010 of the PMC, to approve DR 24-0001, incorporates the findings made for DR 22-0005, 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.

A. 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 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.

8. The granting of the original and modified CUP and 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.

C. 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 rescinds the prior approval of CUP 22-0006 and DR 22- 0005, and approves both CUP 24-0004 and DR 24-0001, 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. 6 of 43
May 21, 2024, Item #13
Resolution No. 24-

Page 4 ends

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 modification, in conjunction with the approved 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 findings and conditions of CUP 24-0004 and DR 24-0001 incorporate the previously approved conditions for CUP 22-0006 and DR 22-0005, and therefore replace those findings and conditions. CUP 24-0004 and DR 24-0001 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 22-0004 and DR 24-0001 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 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:
7 of 43
(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, May 21, 2024, Item #13
8 of43
Resolution No. 24-

Page 5 ends

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 percent 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 PMC 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 PMC.
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 PMC.
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 PMC. 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 May 21, 2024, Item #13
9 of
43 Resolution
No.
24-
Page
6 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
PMC
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
percent
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
PMC
17 .22
.100
.C.

9. 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
.
10 . Any
existing
and
proposed
public
easements
and
dedications
shall
be
depicted
on
the
grading
plans
. Any
proposed
public
easement
dedications
shall
be
submitted
via
a 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
(ROW)
. A
plat
and
legal,
title
report
, and
applicable
fee
shall
be
submitted.

11. Prior
to
the
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
ROW
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
May 21, 2024, Item #13
10 of
43 executed
prior
to
grading
permit
issuance.

Resolution
No.
24-
Page
7 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
PMC
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
percent
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
a
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.

16. A
10-foot
public
ROW
dedication
along
the
east
property
line,
adjacent
to
the
lpai
Waaypuk
Trail
ROW
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
ROW
, a
ROW
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.
(Planning)

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
May 21, 2024, Item #13
11 of 43
Resolution No. 24-

Page 8 ends

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 findings 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 Ill 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 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.

May 21, 2024, Item #13
Resolution No. 24-

Page 9 ends

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 ROW 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:
12 of 43

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. (Engineering)

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:

May 21, 2024, Item #13
13 of
43 Resolution
No.
24-
Page
10 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
ori
lpai
Waaypuk
Trail
to
the
sat
isfaction
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),
i[lcluding
,
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
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.

May 21, 2024, Item #13
Resolution No. 24-

Page 11 ends

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:
(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 of 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 16.52.130B 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.
{Planning)

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:
14 of 43
May 21, 2024, Item #13
Resolution
No.
24-
Page
12 1.

Raising
Cane's
is
required
to
meet
all
applicable
PMC,
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
.

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.

Upon
establishment of
the
proposed
use,
pursuant
to
CUP
24-0004
and
DR
24-0001,
the
following
shall
apply:
15 of
43 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
May 21, 2024, Item #13
Resolution
No.
24-
Page
13 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.

The
trees
shall
be
encouraged
and
allowed
to
retain
a
natural
form
. Pruning
should
be
restricted
to
maintaining
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
owne
r 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,
vegetat
ion,
and
irrigation.

SECTION
5:

The
approval
of
CUP
24-0004
and
DR
24-0001
shall
expire
on
May
21,
2025
, 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:

Resolution
No.
23-050,
approving
CUP
22-0006
and
DR
22-0005,
for
the
demolition
of
an
existing
structure
and
construction
of
a
new
drive-through
Raising
Cane's
Restaurant
located
at
12665
Poway
Road,
is
hereby
rescinded,
effective
upon
recording
of
covenant.

SECTION
7:

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.

II
16 of
43 May 21, 2024, Item #13
Resolution No. 24-

Page 14 ends

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of May 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
17 of 43
May 21, 2024, Item #13
RA
A
0 NORTH
18 of
43 RA
v er
.--
-<----
-
,
tlJ Dl
I
~J Slack
St
-~
,-
7---
__,
~
"J.--,,~'"T---~
-
-
,.
(1J
f----
~
-,
City
of
Poway
zoning
/ Location
Map
Item:

CUP24-0004
250
50 0

ATTACHMENT
B
1,0
00 Feet
(:)
_j
Buck
ley
St
R=l
G?
=
~
~
----.,-,
r---
-t---
-,
(I) c:: Q; ,._ 0
-
.-----------,
2 -
May 21, 2024, Item #13
• NORTH
19 of 43
City of Poway
Imagery Map
Item: CUP24-0004
0 25 50 100
'Feet
May 21, 2024, Item #13
RESOLUTION NO. 23-050

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:

Page 2 ends

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.

I. There are no relevant negative impacts of the proposed use that cannot be mitigated.

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 21 of 43
May 21, 2024, Item #13
Resolution No. 23-050

Page 3 ends

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 attorriey'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.

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.

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 22 of 43
May 21, 2024, Item #13
Resolution No. 23-050

Page 4 ends

through the Customer Services Department of the City of Poway. Prior to a business Certificate, the Applicant shall comply with the following:

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, uriless 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.

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.

May 21, 2024, Item #13
24 of
43 Resolution
No.
23-050 Page
5 b.

Provide
~
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.

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.

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
of
the
City
Engineer.

Upon
approval
of
the
improvement
plan
, the
applicant
shall
May 21, 2024, Item #13
25 of
43 Resolution
No.
23-050 Page
6 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
appropr
iate
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
. Submitta
l 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.
16 . A
10-foot
public
right-of-way
dedication
along
the
east
property
line,
adjacent
to
May 21, 2024, Item #13
26 of 43
Resolution No. 23-050

Page 7 ends

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.

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.

Page 8 ends

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:

Page 9 ends

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 geotechnicc;1 I 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 City PMC section 17.40 for Comprehensive Sign Regulations and shall be approved under a separate Sign Permit.

May 21, 2024, Item #13
Resolution No. 23-050

Page 10 ends

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:
(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.
(Planning)

7. Approval of this request shall not waive compliance with all sections of the Zoning 29 of 43
May 21, 2024, Item #13
Resolution No. 23-050

Page 11 ends

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.

K. The applicant shall comply with the following requirements to the satisfaction of the Fire Department:
30 of 43

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.

16. Kitchen fire suppression service schedules shall comply with the CFC.

17. Fire extinguisher service schedules shall comply with the CFC.

May 21, 2024, Item #13

18. Cooking oil storage shall comply with the CFC.

Resolution No. 23-050

Page 12 ends

L. Upon establishment of the proposed use, pursuant to CUP 22-0006 and DR 22-0005, the following shall apply:

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 handheld menu order pads at the entrance of the drive through lane during peak use hours.

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.

SECTION 5: The approval of CUP 22-0006 and DR 22-0005, shall expire on October 3, 2025, at 5:00 p.m., unless, prior to that time, construction on the property in reliance on the 31 of 43
May 21, 2024, Item #13
CUP/DR approval has commenced.

Resolution No. 23-050

Page 13 ends

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:

ATTEST:

DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NONE
NONE
NONE
NONE
Steve Vaus, Mayor
~MAP I do UA<;Jd
Carrie Gallagher, CMC, City Cir!<
32 of 43
May 21, 2024, Item #13
----

POWAY ROAD

RAISING CANE'S
PROTOTYPE #6
(E/AV)
3,144 GROSS S.F.
~=~,:~,'=~:;--c~~;=c~3t-~::t='---7
/°"
33 of 43 ATTACHMENT D
0 l 16 24FT
@ 1"'"----......i
Sall.:lll2"•1'-0-
May 21, 2024, Item #13
w
.i::,.
0 ....
.i::,.
w

FRONT ENTRY ELEVATION - WEST
SCALE: l " = 12'-0 "

DRIVE-TH RU ELEVATION - NORTH (POWAY RD)
SCALE: l" = 12' -0"

MATERIAL FINISHES
EWF-5
f,lclal Panel l
Painted SW 6110
Steady Brown w/ Flat Finish
E.derior Acrylic Lale:i: Palnl
EM-5
McNlCtiOLS Perforated
Metal P,1nel
Powder Coal: Black
Flat Finish w/ Frosted
Ple~igl,1ss Backing
~
EWF-3
Architectural Panels
Nlcriiha: Vlntaqe Cedar
Wood look Material
EWF-1
Belden norman Brick
M.:,sonry Medium range .
smooth. Iron Spol Mortar to
match soromon products lo
h. weatht'fed horizontal
strike. vertlul joints are flush
EWF-2
ACME Modular Engli':ill
Collage Series, Kenilworth
Mortar: Soloman color s, Inc
10H light Bufl
EM-4
_ _;;,,, ~ .... ----

SIDE ELEVATION - SOUTH
SCALE: l" = 12'-0"
REAR ELEVATION· EAST (IPAI WAAYPUK TRL)
SCALE: l" = 12'-0 "
EM-4
Reclaimed hll'tal Acce111 Panel:

Distressed / Snlra getl Red
Occurs at Face of the - r
Element Only
EWF-2
EWF-5

EXTERIOR ELEVATIONS
C923 - Poway & Silver Lake - Poway, CA I September 26, 2023 May 21, 2024, Item #13
35 of 43
May 21, 2024, Item #13
May 21, 2024, Item #13
May 21, 2024, Item #13
38 of 43
May 21, 2024, Item #13
May 21, 2024, Item #13
-
r
40 of 43
May 21, 2024, Item #13
Outdoor Seating Area Exhibit
.i:,.
..... ~ V-
o 'r- •• -- • ..... ···--> .i:,. I -··• w
~
~.>
~
-----

POWAY ROAD
- •·-- •·--
.-.c n RC ~ r. N~§1
9o0 ~ ~
~~i ~
)> ;;.!-~~
-I ~;;;~~
- :&1M ~,
-I ~ -
)> ~ n PA()? [R
:J: ,:::..::-1
s: ~ I TR( [ m
z
-I
I I
I
m ! I
:~! !
I I
\I
I I
I' 1/
I ,, ,
. '
Ai
• I
"' I I S(0 CCMMU~C4 TI
!OX
:R:-0 PR()"0S(o 1n
..,..::;~~- - =-- -~- : :!S-p~- --~-----~-:-:-;;z:~~: - .PW.,,":°X / • L.Q ' - - - - -::::; - i!//;- Dlr/o
1 ' ~Cf>OSCO ~~~
------ - ·-~, , ~ " -,;:<,) I I ;'\ r-:,#·"-- •-i:-. ,,.,,,-....., •"' -...,-1.1 l • .-.,,_ \,_ • ';' PRCPERTl' USE . \. ~~ , ' \'
,....,~ --~ ~ 1
= v ;;P / 'i! l&.,~ -·-··
~
~
CAAPtt:C SCAt.£ IU rt[l
0 1 0 20 40
~ I
Proposed landscaped
walkway and seating
Proposed outdoor
seating area
May 21, 2024, Item #13
.i:,.

N
0 ....,
.i:,.
w
Images of Inspiration

POWAY ROAD
/ -®
@ ~
Sc.:,,;et: 113" • 1'-tr
"
2HT
::::::1
~ ;..:.
5 2:
"<'
ff
i
Conceptual Native Plant List
Spede•N-
T~•
Ccrr,soccidl.Tltab
~""'..,,,,
l'.Ml,CLIJar,ri/ o/itl
SC1'aenlng ahrube
Al)m:., CN1!onue11
/leteronlMl,llrlJI.Jfrloba
.......

Aburi.lonp.,Jmen
B.xch.lm 'C81t~·
C..,penfori.J C4~itomlC4
Crlopl,,'#um ~ 'C.Ylrg,n SJI',-.,'
~WZW'F irt:c.rxkt:r'
Rtvtovsta
~dlMl,.v)d.i
~~ 'De lo1 ,,f,rn,J•
PffeMbb/ O,.ffMI
Ac:MfeJ 'P~·
Ac.h,,,"'f:;)'1,~·
~Ql'C,,0,,VM . ~fCfm
EtiQ,,totl ·eac,. Sebawn'
Fr~~ ·~ ·ltl'
.Junc:111p.:,:tt1s 'E!I.BW '
lHsln!)i.t 'Atou~
t..,,,,.,s ·C,.,yonA;,c.'
f,fut~:J,.,,
.....,.,.,, ..

Agtr,r, 'B.t,e(i:o;y '
-
Dud',ey3~f,l
Hr-.¥)('Nyuct:IW~
Existing Notes
G (El Uqvidnmb.Y lrce
@] (E')l'(tl!P0$1
Proposed Notes
(D(P)3'-wit:I
CommonN
\'A-stcm Redbud

0..~lW.:low
~11.n'UO~
P~!,cW,v.P.t-,"rtlfl
'"""' lr>dl.::JnMa.'\o'M
"°""'"""' ...... _
CMvon Sn,..- bbod SnowtWce

1.:.1.YldStl.lOdi~
....... .,
""'"""Ced-m l~~
PolOn~Y:m:,w
Moon5hiiWY4.-row
Rtd· lll;N.·ercd Buc:knilc~s
~asidf,Cbl.y
W,ldS!rawWf'V
eom.-
sr_.C-3100..\sler
C.,,,'On Pfhal V{,ld Ry•
o..e.-0t11u
BloeGiow"9,Jv.

Qr..ayPbn!.
~kl.ivelOt"e'tet
O..Lord'SCand J.t
Existing Tree Protection
& Removal Notes
Al•mtlngpl,Wlf,~erialtoAmM'land
M pre>tK'll>d a.NH otlwrwtM nolad.
,~,
I'' '-.__) (E}llN
~ ,
@ (P)tr~sig,I . rx ; (Q Trce lo borcmovt,d
@ ~~•:•:oddc-c:QtnPOSCc:1g,4rv lo \(_ _ .,
@ (P)wooclbu'>d ,os
@ !Plovt!rtle.»ds~•
@1P1cwcrnc~pos:l:ght
@ IP'lroektor1n:i1looisreittcnc:o
Kan,ey-,,-lp;a,1n1a-prcbYCCc:n\ c,
and$Ulroundng~
@(P)concn,le eldtiwlllk
22-02
~
KIESEL•DESIGN
Kiesel Landscape
Architectur e Inc.
l 75El, t.l•1Stoffl
Vcntw.:,,CA!l3001
(pJ805 .(M 7,07JO
J~: l..4lltl•i.rde~uom
CL/15206
RC #923
Raising Cane's
Poway
12665 Povr11JRolld,
f'aw.ay, CA{l2064
Typ11: Pr•llmlnary
ll'IIU .. s.tupD.c•:

JJl'IUatyl1.202,4
Drn-nB ,-;
" NM.IE DATE
S. Co:bcttl 01/2024
!::.:;:.::.;:::.-::;,:r•~-
THlt:

Preliminary
Landscape Plan
ShfftNum Nr:

L0.1
May 21, 2024, Item #13
.i::,.
w
0 .....
.i::,.
w
(- - \ 6--.. ~ ,..<b- 11: if,, ·~.\ • ) ' 1
1 1 \ /<(1':X.~J.,~·--,=-'::-=-=--~TER u«
t, • \ r .i ~~ - '! /;1 - \... - - - _ t _ 1 'I!.__.-.~ - '"'' ... ::,,,,;/.---A'r:. .: _ --- - - DaSfflC PROPOITY ~[ -~_=,~~::=_:!~~~=~~;:= ~ ~=Z::~.,::i=~-~= ~~::

G) COHestm CURB
0 (XINCR[l'[ Cl.lR9 .i.tC) QJTIDI.

PftOPOS(D l.»CSC»'IHC PER LAHOSCAPC PLANS
@ ACCCS5131.I PAAl<J,fC STALL SIGN
© ootECTlONAl.lrUr.RIOHGPCRPLAH
© ACC£SSll..£ RAMP .lH ll£T£CTA8LE WARNHC (TRUNCATID DOILS) © JOIN EXISTINC o.ntB, aJR9 ,II CUTTER, SID£WALX,
. j_l,.-----=-c:_-=F~ / ~ - - - ~ -----;-,:,:1 ~;::~::
= = =y~-,[ -~- .---~ .JJL:.r_/ ~ · · ·· : j --.......,__ ' i c:'.3 ,v.v, DUTYCONa!m - - •~==1=~~__, --=-~ --, _- --- - --- - --- --- - ,- ' - ! c=J =ftV.NTDI AAEA 0 "Q.UN NA/VAN POOL/CV" ~ 12" HICH lllHllt l[TT[RS AT ntE DID OF P~C STAL.I. © f\1TUfl:C E/V owtWIC STAT!ON. CONOOT TO BC RAH TO ST.AU. roR, F\llURC CONM:CT!ON © NJAPATH (S lRA\O.SICN
@ CO\UIED TR.A.SH 0Kl.05UR£ .AHl R[C't'tt.lNG lllH STORACC @ STAHtl.ARD 90" PNU(f,IC ST.ALL STRIPflC.
~/
X 1/,
~. f?
~~ alg
~~ B ~;:,.¼
'?, i(
RET,
' .. ,
I
I
(,
I I
RET,
"
~
~
CII.APHIC SC.Al£ 1H fllT
U-Jo j
SCALE
,--..,.~,.fnA.1.-
I L___J PA\Oo!OIT
@ ~T T£RW BIKE AAO<
/
r---, HrAV'I' DUTY ASPHALT
/! ~---- - ---- ~ ~:::::::::::::::I OCTECTA.11..EWAINNCSYSTEV - , ~ _ . : ~ COLMID C0NCR£T£/ENHANCQl
@) LONG mtM Ill([ RAO<
@) J>RE\'IEWIIOAAO
DFllo~·•\Y
1, l j ~ PAw«l FOR PAno
~ - I -,~ ~ i~:~~~'P
@) ORDER BOAAD
@ otJ'IDOOR C0',£R(D PATIO TO BC STAKO STA.NDAAD DOTY COHCR£Tt PA-.0.DIT ® INST.ALL 'IIHmSTOPS roR PARKN. SPACES ADJ.Aeon TO W.AUCWA~ 1511HC -'~ Wf!!. ~~-:~ 11111 DCCOMPOS[I) CRNITt
/ / J / / /;' _f; __ "' _. ACa:SSIBLE ROUT[ (LOCATICN
@ ACC(SSIBI..E PATM OI' TRA\O. ~ ACCESSeU; PATHS SHAU B[ o.iANCO> PAW¥. '.· I OQSTIHC FlRE'.A. -- PURPQSES CH..Y, DO NOT Sl\NC H"TtlAAHT i ';' PAINT) POU. / ,' ~-t,/-i I ...._ SIQ'4 POST
~[ k' lr, 0--0 LICHT pt\.[ (PRIVAlt)
@) 18" W.AUC-OFT CURS @) 't CUl:8 0JT
@ "STOP" SICH @ PROPOSED TRANSfOftW(R
® 3.0' •OE VAU£T CUTTER @ MOtUIOIT SIQ.I
' ! D-ilC UQIT PU.E (PUBUC)
@ 24" X 2-4" .LNSEN PRECAST DROP INLET 'MTM @ DRl'vtWAY PER SORSD C-14.A @ =~ASINCAH:~ HSERT fOR TRASH CAPlURE. ® NOT USCD.
~
©
@ l.AHDSCN'E POI LANDSCAPING PUN @ [)OST'HC 5['MJt L.ATtRAI.. @ ACCESSIBLE P..woNG s·uu !lRfflC ® =~~~/= 'IIHIT[
---- Ra.uiHCWAU.
@ P,I.OPOS£D PUIIUC CURB • CUTTER .AHl SIOEW.AUC @ ~S AT Tl-£ DID Of' PAAIONG @ LICHT POLE ® SCR£DIINC tDICE

SITE DATA
PADLCT OESCRIPTK)N:
/ ADDRESS:
""''
Iii.AP~;
ZOHINGDISTitlCT:
@ 0£TtCTA81.[ WAAAl'tC (TRUNCAT[D DOKS) @ OV1000fl CO',£RCIJ PATlO All[A. @ DISTING TIU:[ TO BE RDl<MD
ODICIJTIOH Of' OOSTING PAlb<J<fC LOT AHO IIJI.DING. NEW CONSlRVCllON OF A llAISlofC CANE'S ORM: lHltU RrSTAURANT AND PJJlKINC LOT.
1270J POWAY ROAD, POWAY, CA 112011-4
,..,.
~== ~~ =:t:m i~ f~~)
ADJ.ACENT ZDHIHG DISTitlClS: N: PC-I Pl.>.N€D COMWUNITY ZON[ [: PC-8 Pl>,N€D COMMUNITY zt)N[
S.: 05-RM OPCN SPAC£-R[SCIURCE WANACCMOIT ZOH[
, W: PC-II Pl.>.N€D COMMUNITY ZONE
( :
/./t/i ':.""" ,//:,:- \;_,/;
,,'//'' ·' '
j;•j;:',I,\ I
J~t:11J_1 ~;/~;
IQiT 1r1'-,
' fififi,';('
.'i 7 r"
. •1' ~S1:"'G ORI\U'AY
'I ~,':, / /
~:,r ~ ~O[WAU(
l i=n<G __ >U<_x-"'~ I ! M /li:
"· /' / ~ ~ . ~ ] /Jt)~ G~tH'i'ORAHT
) / ~ r ,e<""""""''~-:t!I"'·'---1:i ~- ~ , · 11/ //7"'-...oos,.,,....,,,.,o.mr,1, /,! \ f/~- r / / ,; / , // / X. '\..
\=='-1' ;j'/ / lrr:~s~//~A~Y
I 1· \1 ,',/ ,' / /~;' c· '-- \ ,,t ,I i / ,;-:;.,..._ , ~----~
~AA~~~J~{~~ =~~~:~~~CT. j ~&1l'~~l ~I
PR-CO l>OWAT ROAD COl&ltRa.Al ClfTICE
N: ~-CO POWAY ROAD COMMtROAL OfJ'IC.t:
~ SE~f:: ::::~ ::

PROPOS[D US£~[SS: RNSINC CANt'S DRl'JC-THRU RESTAURANT

POWAY RON, CORRIDOR
ZONE X - AREAS DElD!WIKED TO BE OOTSI)[ Tl-£ 0.02X ANNUAL otAHa: fl.OOOPI.AIN.

TOTAL DISlURB[D ARD.: -45,,1&0 s.r.
!
,_ .. "i ~~rlrcE ~ f~W~ rs~s.
5 /·
TOTAL PNJ AREA: 2,1199 s.r.

H[W PARa:L AREA: 311.,~ S.f.

J&.$88 s.r.
~ur,
27,312 5.1'.
7,2-42S.f,
~, "" '""
"'" O.l5N:.

0.07 A
O.l!SIAC
!
• ., "l 0.07.AC
"'"" 0.5-lAC

0.17N:.
'""' us
'"' 10.ei:
, ...
~ 3,1-4-4 s.r. (1 ST.ALL/150 S.f. GROSS IN'TDUOR fl.OCR AREA) • 21 ST.AUS REQUIRED PER QTY COO[ ~
BICYOE PARKING SIIMMA.RY:
~
I,
I'!"""'"-
'
C S'TM.J..S REOIAAEO, PD'- 2011 aic..

ST.ALLS lt£0W'tEO PER 2011 ~
ITI»IG, F\ln-UTICIOIT, CARPOOL/VANP0ot.. AHO n.tCTRIC
~o~:l CONCD'lUAL PUHS SHALL COMP\. v •lH Tl-£
B Of' TH[ POWAY ROAD CORRIOOR SPECFlC Pl.AH.
2 f~~~r~ .. }ics,gtJlWctrr~=\ASED ON
h ~OPOSEO RAISING CAArs PARl(l,IG)
ij~ isro:; ~trc.5?Aari ~~ c:J;~~~~~ PJ:cOR1.k°" PO#AY WUNIOPN.. C00E filll!lil...W

POWAY, CALIFORN IA
~-~ ;~ f'
AEeUl:!111
JAY ttCQNS
ll.AISINGCAl£SRESTAURAHTSUC
iSIIOO BISHOP ROAD
PU.NO, TX 7502-4
(605)a37-U70
JA'rt)CHGCI-ISl.J.ND.COW
~
AM(UA l>U.TRAH, P(
KM.LT-HORH AHO ASSOCIATtS. ~C.
2ol5ETHRDSTR£ET
LONC BU.of, CA 90802
(~2)~9-2200
.AM[UA.Bn.TRAHCII01o&.£Y-HORM.COW
~1IF-f.ol,
t.l!C!ilID:I
a:OUA URIO
51!10 P.AOflC COAST HIGHWAY
LONC BUCH, CA IKII0-4
(e.J.J)523-252S
CEOUA.IJRIOOCSRSl,jC.COM

TITLE REPORT EXCEPTIONS
0 ©
S1R\JCTU"5
CM> Tlt[ UWITS
WAIHTOl~Of

LEGAL DESCRIPTION

PRELIMINARY SITE PLAN
C0923 RAISING CANE'S POWAY
,., ·_ '" . K" I "' H rc,_.,,.a-,-,,,,..=c-:---,/'-r--RE_C_O_R_D_P_L_A_N_l-, _____ , _________ -=',"'~"'::.s::.:,,:"""'~,£E-3SY~~.lf'--f",..,-_.;;~ .. "il:;:"'-.. -,.;:Yt.:""""_""_=--;:::c,-.;;n;:;~;;,;;:,.--:---:-.,'°=-;c,"',..,.,.Jl·:::~"'-;;;;-''--;;,-,a;;;.,------;-.--;,,---;;;,-,:;;:.-,,;:;.;;;:,.-=i ~,, ,;e=~~es,:;;;e:;-s==---c!"'''= ... =·=======,, cc;.. '" 1m ey>~/' orn (2·-: -~ ' =".:;;;,:;:.1:;~,:':.'.wm,,,..,,, .... , _ R,~, I~·...-:· t.i • .::aJ!! j ~•£.' OF" M\lf OF" M NS!!Ilf!CH CURR IIUYll?I C, JAW Q'2U11 TU Tr.-: looch P.t jjj!,i DAit ls ,ff • -:-:,1;"' H:l ; -..t1r<tttb'-.., ~•~=~~l·: t:t!:~~ ... ~J~ ,.,.'i1: •• 6.-ib.. -&)J,,,.,._ U7/U)2.,if- :co::-;::: \ AN[ It,,~ "u- 11 a,_ ..,. l y I I :-,,h· ~-•~''::-··=.-----11----------------------'.:-~~ •~".'l~•~,,,.~.'.":'_ ____ L-i'~<:::::::•:::• :__J__'.:•=:_!:·"""~•~liti- 1_•~ ___ ,_•'_' _l_L ______ j__j_ __ J.:=:.::•:::-:::·"::.""""-----::'·::•=· =.::":::~:::::•':::::w"======.J-":=~::"-'-'':::":"'::~::~::::':::'::::'::":::":::!.c::::~=-=• ~=:!:===' Lr-<!'\,:.,,-: .li..,,-- WWW.KM.Fr.+tOII.N.COLI P.C. I IN !>4 ,)i< I
May 21, 2024, Item #14
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
May 21, 2024
Honorable Mayor and Members of the City Counci IA
Robert Manis, Director of Development Services fAJ~
Sara Trunzo, Senior Civil Engineer
858-668-4622 or [email protected]

CITY COUNCIL
Underground Waiver (UW) 23-0002; a Request For a Waiver of the Requirement to Underground an Existing Overhead Pole and Utility Lines By Paying an In-Lieu Fee to Be Established By Resolution of the City Council
The owner and developer of a single-family residence, Nilesh Patel, has requested to pay an in-lieu fee to be determined by the City Council instead of undergrounding existing overhead utilities across his property at this time. The City of Poway staff has confirmed an in-lieu fee payment would be acceptable to defer undergrounding until undergrounding the entire system is feasible.

Recommended Action:

It is recommended the City Council adopt a resolution (Attachment A) to establish the in-lieu fee amount to be paid by the applicant for the deferral of the undergrounding requirements.

Discussion:

The proposed development consists of demolition of an existing single-family home and construction of a new single-family residence in the Residential Rural (RR)-C zone. The new single-family residence on Creek Road has been approved per Minor Development Review Application (MORA) 21-028. A standard requirement with a MORA is the undergrounding of any overhead utility lines spanning the property. Per the policy established by Resolution 91-003 (Attachment B), the project qualifies for a waiver of the requirements to underground utilities per Section I.C: "where less than 1,000 feet of overhead lines are to be undergrounded, the property owner shall have the option of paying an in lieu fee to be established by resolution of the City Council." The total amount of existing overhead lines over the property is approximately 97 feet. This is a portion of overhead lines that also crosses two other parcels. There are no utility poles on this property.

After coordination with San Diego Gas & Electric (SDG&E), City staff was informed the ultimate underground service in the area will be connected from source lines along Creek Road fronting the property and neighboring properties instead of across the rear yard of the project and neighboring 1 of 10
May 21, 2024, Item #14
properties, where the current overhead lines are located. Mr. Patel is placing underground service lines along the frontage of his property as a part of the new single-familiy residence construction. City staff also worked with Mr. Patel and SDG&E on the removal of the existing overhead lines across this property. This would require the removal of an existing pole on the neighboring property to the northwest and the installation of a new pole near the southeast property line of Mr. Patel's property.

Access for SDG&E was a primary concern and ultimately, there was no acceptable design solution found.

For these reasons, staff supports the request of an in-lieu fee for the removal of the existing overhead lines within the subject parcel to be paid now. The paid fee will be kept in an account held by the City until the time the actual work to remove the overhead utilities is to be completed. The individual property owners are responsible for the removal costs associated with the portion of overhead lines spanning their property. The payment of the in-lieu fee does not absolve the property owner of the requirement to pay their pro rata share of the actual costs of the removal of the existing overhead transmission lines within the project property at the time the work is done. Since there are no overhead poles within the limits of the parcel, this may require the removal of adjacent pole(s) located offsite. The applicant has also signed a covenant agreeing not to oppose a future private or public utility undergrounding district and to pay their pro rata share of the actual removal costs of the existing overhead transmission lines within the property.

MORA 21-028 for this project has been approved with a condition the in-lieu fee determined by City Council be paid prior to building permit issuance for the residential structure. City staff recommends the fee to be paid should be the actual cost of the work if it were to occur presently, as calculated by the applicant's utility contractor per Attachment C. The amount calculated by this cost estimate is $9493.20 and the cost involves the removal of transmission lines within the property only, which entails the relocation of an overhead pole from the northwesterly to the southeasterly property boundary. A pole relocation will not be necessary when the scope of the project is to underground all overhead utilities across the rear yard of the project and neighboring properties. Attachment D shows the span of the existing overhead lines across the rear of three properties with the portion Mr. Patel is responsible for highlighted in blue.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

City to hold the in-lieu payment as a deposit under the Land Development Engineering Deposit In Lieu account: 305030-86900.

Public Notification:

A public notice was mailed to any property owners directly affected by the existing overhead transmission lines in the area.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2 of 10
May 21, 2024, Item #14
Attachments:

A. Resolution
B. Resolution 91-003
C. Cost Estimate
D. Overhead Utility Map
Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
3 of 10
Reviewed By:

Alan Fenstermacher
City Attorney
Approved/:
~ Chris Hazeltine
City Manager
May 21, 2024, Item #14
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, ESTABLISHING AN IN-LIEU FEE

AMOUNT TO BE PAID BY THE APPLICANT FOR THE

DEFERRAL OF UNDERGROUNDING REQUIREMENTS FOR
MINOR DEVELOPMENT REVIEW APPLICATION 21-028,
ASSESSOR'S PARCEL NUMBER 320-020-19-00
WHEREAS, on January 26, 2024, City staff approved the Minor Development Review Application 21-028, a request for the demolition of an existing single-family home and construction of a new single-family residence;
WHEREAS, a requirement for developing single-family residences is to underground existing utility services;
WHEREAS, the applicant has instead requested to defer undergrounding and pay an in lieu fee pursuant to Resolution 91-003 Section I.C which establishes the criteria for the waiver of the requirement to underground utility services, adopted by the City Council on January 8, 1991; WHEREAS, the future underground service in the area will be connected from source lines along Creek Road;
WHEREAS, the total amount of existing overhead lines to be undergrounded on subject property is less than 1,000 feet;
WHEREAS, the applicant has signed and recorded a covenant on February 14, 2024 (Document number 2024-0038092) agreeing not to oppose a future private or public utility undergrounding district and to pay a pro rata share of the removal of the existing overhead transmission lines within the property;
WHEREAS, the payment of the in-lieu fee does not absolve the requirement to pay a pro rata share for the removal of the existing overhead transmission lines within the project property in the future;
WHEREAS, a cost estimate for the removal and replacement of existing poles calculated by the applicant's utility contractor was provided; and WHEREAS, the City Council has read and considered the agenda report for the proposed in-lieu fee, including the attachments.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: That the foregoing recitals are true and correct and are the findings of the City Council.

SECTION 2: The City Council hereby establishes the in-lieu amount to be paid by the applicant for the deferral of undergrounding requirements as $9,493.20. 4 of 10
II
II

ATTACHMENT A
May 21, 2024, Item #14
Resolution No. 24-

Page 2 ends

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California, on the 21st day of May, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
5 of 10
May 21, 2024, Item #14

RESOLUTION
NO.
91-003
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

ESTABLISHING

CRITERIA
FOR
THE
WAIVER
OF
THE

REQUIREMENT
FOR

UNDERGROUNDING
OF

UTILITIES
AND

RESCINDING

RESOLUTION
NO.
90-117

WHEREAS,
the
City
Council
wishes
to
establish
equitable
standards
for
the
waiver
of
the
requirement
to
underground
utilities;
and

WHEREAS,
Section

17. 08
.190
(E)
of
the
Poway
Municipal
Code
allows
for
the
requirement
for
undergrounding
existing
utility
connections
by
the
City
Council
in
accordance
with
criteria
and
provisions
adopted
by
resolution
of
the
City
council.

NOW

THEREFORE,
BE
IT

RESOLVED
that
the
Poway
City
Council
adopts
the
following:

Section
I:

Policv
Concerning
Waiver
of
Requirement
to
Underground
Utilities
6 of
10 IT
IS
THE
POLICY
OF
THE
CITY
OF
POWAY
THAT:

The
Director
of
Planning
Services
may
grant
a
waiver
from
the
requirement
to
underground
utility
service
under
any
of
the
following
circumstances:

1. The
development
is
a
single-family
home,
or
accessory
structure,
approved
by
Minor
Devel
opment
Review
in
the
RR-A
or
RR-B4
zone
(re
gardless
of
necessity
of
placing
new
poles);

2. The
development
is
a
single-family
home,
or
accessory
structure,
approved
by
Minor
Devel
opment
Review
in
an
area
of
predominantly
overhead
service
and
new
poles
will
not
be
added
as
a
result
of
the
service;

3. The
development
is
a
single-family
home,
or
accessory
structure,
approved
by
Minor
Devel
opment
Review
and
is
located
on
the
last
lot
to
be
developed
in
an
area
where
all
surround
ing
properties
are
served
by
overhead
lines;
4 .

The
requirement
is
to
underground
existing
lines
for
a
subdivision
which
creates
no
more
than
one
additional
lot
and
is
in
the
RR-A
or
RR-B4
zone,
or
is
in
an
area
of
predominantly
overhead
service.

ATTACHMENT
B
May 21, 2024, Item #14
7 of
10 Resolution
No.
91-003
Page
2 s.

The
requirement
is
to
underground
existing
lines
in
conjunction
with
an
addition
of
750
square
feet
or
more
to
an
existing
single-family
home
and
the
following
conditions
apply:
a.

The
property
is
in
an
area
served
by
overhead
utilities
and
it
is
unlikely
that
the
utili
ties
will
be
relocated
underground
in
the
foreseeable
future,
and;
b.

Trenching
required
for
the
undergrounding
would
disrupt
mature
landscaping
which
would
otherwise
remain
intact
or
would
cross
a
paved
street.

The
City
Council
may
grant
a
waiver
of
the
requirement
to
underground
existing
utility
service
for
non-profit
uses
or
where
overhead
service
would
substantially
reduce
environmental
impacts
associated
with
new
utility
service.
c.

Where
less
than
1,000
feet
of
overhead
lines
are
to
be
undergrounded,
the
property
owner
shall
have
the
option
of
paying
an
in-lieu
fee
to
be
established
by
resolution
of
the
City
Council.

When
a
waiver
from
the
requirement
to
underground
utili
ties
is
granted,
the
following
shall
apply:

1. The
waiver
does
not
apply
to
the
service
to
the
structure;
lines
between
the
structure
and
the
nearest
pole
must
be
underground.

If
new
poles
are
added,
the
closest
pole
to
the
structure
must
be
at
least
40 feet
away
unless
it
is
located
on
a
prop
erty
line;

2. All
new
service
required
in
conjunction
with
a
subdivision,
whether
on-
or
off-site,
is
required
to
be
underground;

3. Whenever
a
waiver
is
granted,
whether
by
the
Director
of
Planning
Services
or
by
the
City
Coun
cil,
the
property
owner
shall
record
a
deed
covenant
agreeing
not
to
oppose
an
undergrounding
district
and
to
pay
_ a
pro
rata
share
of
future
undergrounding
costs.

May 21, 2024, Item #14
Resolution
No.
91-003
Page
3 E.

Upgrading
of
existing
overhead
facilities
and
additions
of
cable
or
lines
to
existing
overhead
utility
poles
by
the
utility
shall
be
permitted
overhead.

The
placement
of
additional
poles
will
be
considered
by
the
City
Council
where
it
is
determiend
to
be
beneficial.

Upgrading
and
relocation
of
existing
overhead
electrical
service
to
single-family
homes
shall
be
permitted
to
remain
overhead
except
in
conjunction
with
an
addition
of
750
square
feet
or
more.

Section
II:

Resolution
90-117
is
hereby
rescinded.

APPROVED
and

ADOPTED
by
the
City
Council
of
the
City
of
Poway,
state
of
California,
this
8th
day
r,
Janua~
,,
1991.

ATTEST: STATE
OF

CALIFORNIA
COUNTY
OF
SAN
DIEGO
City
Clerk
) )
ss.
)
v--------
I,
Marjorie
K.

Wahlsten,
City
Clerk
of
the
City
of
Poway,
do
hereby
certify,
under
the
penalty
of
perjury,
that
the
foregoing
Resolution,
No.
91~003
,
was
duly
adopted
by
the
City
Council
at
a
meeting
of
said
City
Council
held
on
the
8th
day
of
January
,
1991,
and
that
is
was
so
adopted
by
the
following
vote:
8 of
10 AYES: NOES:

EMERY,

HIGGINSON,

MCINTYRE,

SNESKO,

GOLDSMITH
NONE
ABSTAIN:

NONE
ABSENT:

NONE
Marjorie
\K.

Wahlsten,
City
Clerk
City
o(_
_Joway
May 21, 2024, Item #14
PAR Western Line Contractors
Customer Mr. Patel Date of Work TBD ----------------- PARWLC Job Number NIA -----------------Work Order N/A Job Name 11624 Creek Rd. Poway CA Description of Work:

Name
Remove Pole
Install Pole
Equip. Unit#
VENDOR
Invoice#
9 of 10

ACTIVITY CODE

ELFM-ST

ELJL-ST

ELFM-ST

ELJL-ST

SUB-DAY

ACTIVITY CODE
FLATT-2T
BUCKETT-65'
PU-4X4
BUCKETT-65'
Remove Existing Pole & Install New Pole
Pole Height Approx. 20-30'
Bucket Truck and Equipment Accesable
LABOR

DESCRIPTION
Electric Foreman (ST)
Journeyman Lineman(ST)
Journeyman Lineman(ST)
Journeyman Lineman(ST)
Electric Foreman (ST)
Journeyman Lineman(ST)
Journeyman Lineman(ST)
Journeyman Lineman(ST)
Daily Subsistence

EQUIPMENT

DESCRIPTION
Flatbed Truck, 2-Ton
Utility Bed Bucket Truck (57' -65')
Pickup Truck (4x4)
Utility Bed Bucket Truck (57' -65')

THIRD PARTY

ACTIVITY CODE DESCRIPTION
SUBCONTRACTORS/MATERIAL PURCHASED/3RD PARTY
Vendor Description Amount Markup 10%
New Pole (150' per Ft x 20' pole) $ 3,000.00 $ 300.00
Wire, Connectors, Misc material) $ 2,500.00 $ 250.00
$ -
$ -
$ -
$ -
$ -
Subtotal $ 5,500.00 $ 550.00
QTY. RATE

1.5 $ 179.17

1.5 $ 160.38

2.5 $ 179.17

2.5 $ 160.38

4.0 $ 50.00
TOTAL LABOR=
QTY. RATE

4.0 $ 40.31

4.0 $ 46.29

4.0 $ 17.60

4.0 $ 46.29

TOTAL EQUIPMENT

QUANTITY RATE

TOTAL THIRD PARTY
Tax
$ -$ -

TOTAL NON-UNIT PRICED MATERIAL

ATTACHMENT C
TOTAL
$ 268.76
$ 240.57
$ 240.57
$ 240.57
$ 447.93
$ 400.95
$ 400.95
$ 400.95
$ 200.00
$ 2,841.24
Total
$ 161.24
$ 165.16
$ 70.40
$ 165.16
$ 601.96
Total
$
Total
$ 3,300.00
$ 2,750.00
$ -
$ -
$ -
$ -
$ -
$ 6,050.00
$ 6,050.00
1 $ s,493.20 I
May 21, 2024, Item #14
10 of
10 Map
Provided
by
the
City
of
Poway
Disclaimer
: Map
and
parcel
data
are
believed
to
be
accurate,
but
accuracy
is
not
guaranteed
.

This
is
not
a
legal
document
and
should
not
be
substituted
for
a
title
search,appraisal
, survey,
or
for
zoning
verification
.

ATTACHMENT
D
Map
Scale
1 inch
=
100
feet
5/8/2024
May 21, 2024, Item #15
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
May 21, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services M,
Mary Piscitelli, Associate Planner ,v{f
858-668-4657 or [email protected]

CITY COUNCIL
Pre-Development Conference 24-0001, a Proposal for a Specific Plan Amendment to Allow a Car Wash as a Conditional Use in the Mixed Use Land Use Designation in the Poway Road Specific Plan, APN 317-540-64-00
The applicant is proposing a Specific Plan Amendment {SPA) to allow Car Washes with a Conditional Use Permit {CUP) in the Mixed Use (MU) land use designation of the Poway Road Specific Plan {PRSP).

If such an amendment is approved, the applicant will propose the demolition of an existing structure and construction of a 4,330 square-foot {sf) car wash with three drive aisles funneling into the wash tunnel building. The project will be subject to three submittal applications: a SPA to the PRSP, a CUP for the car wash use, and a Development Review {DR) for the site planning and design of the car wash.

The review of the PDC 24-0001 is advisory only. The applicant is seeking feedback on their proposed plans. The City Council will not render any decision.

Recommended Action:

It is recommended the City Council provi9e input and direction regarding the request.

Discussion:

The applicant and property owner is Mike Foster, for Foster & Company, with Super Star Car Wash as his agents for site planning, design, and construction. The site is designated Mixed Use {MU) in the PRSP. The project site is located at 12509 Poway Road, on the south side of Poway Road east of Pomerado Road {Attachment A). Existing surrounding land uses within the PRSP include fast food, small offices, retail, and automotive services {auto body repair) to the north; small shops and service businesses to the east; automotive services {oil change business) and small professional offices to the west; and single-family residences and apartments are located to the south of the subject site which are zoned Residential Apartment {RA).

In accordance with the PRSP, new automotive uses are prohibited in the MU Land Use District. Prior to the adoption of the PRSP, automotive services, gas stations, and similar automotive uses were allowed in this segment of Poway Road. With the adoption of the PRSP, those existing uses are now 1 of 20
May 21, 2024, Item #15
nonconforming and new automotive uses are prohibited as they are not consistent with the goals and objectives of the MU Land Use District.

Project Summary
The applicant is proposing to construct a 4,330-sf car wash on the subject property, a 40,792.85-sf (0.68 acre) existing site. The car wash is proposed to have three access lanes funneling into a single lane wash tunnel structure. The architectural design incorporates a modern design with grey, red, beige, and white colors. The project plans are included as Attachment B.

The property currently has a vacant building facing the street, with a parking lot behind. It was once a bank building, with the drive-up banking aisles on the back (south) side of the building. A total of 28 parking spaces would be proposed, including 3 employee spaces, 2 ADA-accessible vacuum bay stalls, 20 vacuum bay parking stalls, and 3 additional parking spaces. Setbacks are in accordance with the MU district from the PRSP. Maximum lot coverage in the MU district is 55 percent, and this project utilizes 10.8 percent lot coverage for the building only.

Poway Road Specific Plan
The land use designation for the parcel is MU in the PRSP. The MU land use district was developed to allow for residential development to complement long established retail and commercial uses. The objectives of the MU land use are to create development at key locations to support pedestrian activity, integrate residential uses either as stand-alone residential or combined with mixed use projects, and to ensure that building massing along large blocks are designed to allow for through passage and pedestrian circulation with pathways leading to destinations, including outdoor plazas, paseos, and courtyards. The MU land use was developed to provide incentives for mixed use development with retail emphasis on the ground floors and residential uses above, activating building edges with housing and/or office uses above. The MU land use also encourages lot consolidation and improvements for underutilized space to transform the district into a vibrant mixed-use area. The Land Use Plan Map is included as Attachment C.

The concept of this MU district for Poway Road was to support a broader mix of uses, including retail and service businesses. The MU land use is structured in the PRSP to balance the corridor with infill development consisting of retail, office, and residential uses, while coordinating with existing and new buildings, including new multi-family residential condos and apartments. This section of the PRSP is included as Attachment D.

Currently, the PRSP does not allow new automotive and vehicle-related businesses in the MU\land use designation, including automobile washing and detailing facilities. Other areas of Poway Road, such as east of Community Road, are designated for automotive and general commercial use in the PRSP.

This area allows a wide variety of automobile-related uses. The Land Use Matrix in PRSP, pp. 3-13 -3- 14, is included as Attachment E.

Specific Plan Amendment (SPA)
In order to allow the project, a SPA would be required for the following reasons:
• Establish Automotive Washing and Detailing as a Conditional Use in the MU land use designation.
o Automotive Washing and Detailing is currently a Conditional Use in the Commercial 2 of 20
May 21, 2024, Item #15
Office (CO) land use and the Commercial General (CG) land use in the PRSP.

Conditional Use Permit and Development Review
If the City Council approves the SPA to allow car washes with a CUP in the MU designation, the applicant would submit applications for a CUP and DR for this car wash to be developed.

Major Issues brought up in the review included:
• Trip Generation analysis would be required with an automotive use. Depending on the number of trips being generated, the project may be required to complete a Local Mobility Analysis (LMA).
• As it is currently designed, the project may require a grading permit. • As it is currently designed, the project may require a Priority Development Project (PDP) Storm Water Quality Management Plan (SWQMP).
• The building design incorporates a modern design with bright colors, which are not recommended in the PRSP.
• A taller (26') grey masonry wall with white bands is shown on the project plans at the front of the building for signage. The PRSP recommends stepping back walls taller than 18' for fa~ade articulation.

Next Steps:

If the applicant wishes to proceed with their application, it is with the understanding the City Council has made no representation upon which the applicant may rely. The Agreement of Understanding is included as Attachment F.

Environmental Review:

Because no action can be taken, this item is not a "Project" pursuant to the CEQA and therefore is not subject to CEQA review. After project submittal, staff will determine the appropriate CEQA document to be prepared.

Fiscal Impact:

None.

Public Notification:

None.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
3 of 20
May 21, 2024, Item #15
Attachments:

A. Zoning/Location Map and Aerial Photo of Site
B. Site Plan, Elevations and Architectural Renderings
C. Poway Road Specific Plan Land Use Plan Map (showing Mixed Use District) D. Poway Road Specific Plan, pp. 3-3 -3-5, Land Use Designations and Map (for MU Land Uses) E. Poway Road Specific Plan, pp. 3-13 -3-14, Land Uses and Permit Requirements Matrix for Vehicle Uses, Poway Road Specific Plan
F. Agreement of Understanding
Reviewed/Approved By:

Assistant City Manager
4 of20
Reviewed By:

Alan Fenstermacher
City Attorney
May 21, 2024, Item #15
, I I \ \ \/
co RR-A
, ___ ,~r
,--
rni
\ ~i f I r-------t-------'
I, _
_ ______L.-,..--.----
CB
RR-C
1----
5 of20
.&
NORTH
0 1,000
~~~~--~~~~~~~--Feet
250 500

ATTACHMENT A
May 21, 2024, Item #15
•
0 25
NORTH
6 of 20
May 21, 2024, Item #15
7 of20
~
ij
ij
... --
-=--
It

ATTACHMENT
B
q <( z
-,
<t: ..J
-
s.-..
a.
'
IJJ
-
J:'"
ti
-•i
st -0 0 N 0-<t: u >-' ~
O
o
~
a._
0 ci
a::
g:
>-
<t:
~
3:
:\:
~
0 5s
Cl.
~
May 21, 2024, Item #15
00 0 ....

N
0 ~!~ .,-=~

POWAY ROAD
12509 POWAY RD.,
POWAY, CA 92064

CONCEPT PACKAGE
DATE: 202 4/02/19

SHEET INDEX

ARCHITECTURAL

COVER SHEET/ SHEET INDEX
Al.0 SITE PLAN
A2.0 FLOOR PLAN
A3.0 EXTERIOR ELEVATIONS
A4.0 PERSPECTIVE 1
A5.0 PERSPECTIVE 2
A6.0 PERSPECTIVE 3
A7.0 COLORS & MATERIALS
A O
Archit ect ure.

Design .

11. Relationships.

May 21, 2024, Item #15
18 '
i I
i::
g
of
20 ·-
_·
1 q <( z <( -' a. a:: 0 g u.

May 21, 2024, Item #15
....
0 0 ...,
N
0 Q£.!.J ~
0-= ........... , -15 j ]ff¥, I . ➔l l
~ .. /_.. ..
~ .. /
~
~ -./
T
""T
~--··
t
~.
0= .
, i ;
i =
ROOF
LINE
~j~l
Ml l !iHM j~MU2]ICMUI
~J
..
'
• 10·-o· /
~,,:,?,;.
/ Oi'f:NN ING '•
w,>J ~
T
_p
;r.·----...
1 ·
Q
---~
~
.~

SOUTH ELEV ATION
I::: I I ~ ·••••••••••••••••·••••••·•
~
~
/
~I·>< / " WAiM'

TUNNEL '
OffNNING '

POWAY ROAD

NOR T H E LEVA TI ON
12509 POWAY RD .. POWAY. CA 92064
.~
~- 20'•0" !Si
.:...~
·······~

WEST ELEVATION
······~
\ .. ~
~

EAST ELEVATION
METALS TAI.DING SE-',1-1 RCCF VI/ M!:T.\LF .. SCl i.

COL.CR TC MATCHCl,ROINALRED
n,F RA.l< EOIK, \TE.Rt,MISTE.RS •
l 'l til;RE EMPLOYEESSTANLlfOR.lLANES ~~
e,;iu, IISS COLUMN
COLO~ TO MATCt1 STONE f•MSUI~ ['1Eft,1S
EXPOSED UI IEAR ll(;H r FIX1URES

EXTER IOR ELEVATIONS
_.. I I
< '
!oNRY
CMU·l
CMU·2
CMU·)
CMLl-4
HETAL
MM
Ml·2
·Ba
,·:o:s· Xlt. • Mt.NUFACTURE·S.UPER U TE
TVPE: STANDARL'I ELOCK - PATTERN ST/,CK 80tl0
PAIN TED TO MATC H PT-I (STONE , ... .,<,.S~N D~c,_1Sl
s· X a· X I!, - HANL'FJ.Cf\JRE : SU?ERUT E
JYPf.:ST/INO/,RC BLOCK· PMTTERI~. ST/,CK 60N0
PA11-ffEO TO MATCH f'i-2 (HISTORIC WHliE DETt.~
12"X ti " X It." (6"X31 • HAUU F/,CTURE: SUPERUTE'
TYPE.: STANDARD BLOCK· P/iTTEll l l: STACK aor 10 •
AAKED Flt l lSli
PAIN TED TO MATCH r'T•l 1~T9t l ff-1ASO! ~ DET015l
1r ~ s·x 10· 1s·xa,- M;.r 1LJFJ.CTUR£: SUPthUH:

TYPE: STMIDARO DLOCX • P/,TTERN. STACK 00~/0 •

RAKED FIIIISH
FAlmEDTO MATCtl PT-2 \li li TORu; _wrtl TE DET65Jl
MET/,L CANO;>Y- COLOR TO MAT(:11 PT·J
l.'1B13EO I-IE UL P).N!:LS WALL SIOING OY~IVER51DI! S1-11:ET METAL · COLC R.CARCINAL RED'
MT·) I 1-!f.TALF LASHINC. ·COLORTOMMCHP T·)
M T·4
MISC
CAP-1
CAP·2
CT
WP
PAINT
PT•l
PM
?T•J
PT·<
OTHER
MEJ.:.L FU,SHINC. • COLOR TC M,\TCH Pf-4
Z"LMUO\?• CCLO.tTO M.\TCH ?T·-1
z·cMU CAP. COLO R TO MATC H PT•J
CAl l O~YTUGE • ARCHES AND COLUMNS
COLO R:PT·2
FABRIC SHADEcovrn MAl 4U. GALE P,l,,Cl!="IC USA JNC •
COLOR · CHERAY RED
HOLLOW M ET/, LDOORS / rRAMES PA INTED
COLOR: 000~ TO MATCH WALLCCLOR
W.\LL PACY. Ll::i HIING
CUNN EDWAUOS ·ST ONEMASON DET 61S
DUNN EO'.'✓AADS - HISTORIC WHITE DET 653
COLOR TO M ATCH "CARDINAL RED"
DUN~ ECWMWS ·SUNFLOWER· DESJQI
SIGliAC.E UXATIOl 1_,_ UNDER A SP AAAl E PERMIT

PAY STATIONS
A,O
Archi tect ure.

Design .

Relationshi ps.

A3.0
May 21, 2024, Item #15
..... .....
tftf- l
•NOTE: A LL EXTERIOR SIGNAGE UNDER A SEPARATE PERMIT
LAN DSCAPING DEPICTED IS FOR ILLUSTRATIVE PURPOSES ONLY ; REFER TO LA NDSC APE PLAN.

POWAY ROAD
12509 POWAY RD., POWAY, CA 92064
PERSPECTIVE 1
~ .. o
~
(.:::Ll
~ -· Ip.,/ I
fitJr;q I
i :=t, ; l ll; i
l ~!2~!ILJ
~-L-'
l(E"'l'PLAN
Architecture.

Design
Re lation ships.

A4.0
May 21, 2024, Item #15
~
N
0 ....

N
0 ~£~l
•NOTE , A LL EXTERIOR SIGNAGE UNDER A SEPARATE PERMIT
LANDSCAPING DEPICTED IS FOR ILLUSTRATIVE PURPOSES ONLY ; REFER TO LANDSCAPE PLAN.

POWAY ROAD PERSPECTIVE 2
12509 POWAY RD., POWAY, CA 92064 A,O
( I'\ ,. o
~ ,....-~
!. < ·,· f'aijE !
l ~Ii-j: · 11:~ l 1 ; I 1 .-· ; , •- i I
l_~:~]!~Lj
Architecture.

Design
Relationships.

AS.O
May 21, 2024, Item #15
~
w
0 ....

N
0 ~f-l
•NOTE , A LL EXTERIOR SIGNAGE UNDER A SEPARATE PERMIT
LANDSCAPING DEPICTED IS FOR ILLUSTRATIVE PURPOSES ONLY ; REFER TO LANDSCAPE PLAN.

POWAY ROAD PERSPECTIVE 3
12509 POWAY RD., POWAY, CA 92064 A .. O
E''~:
/
~
~•~· ! ,,.. (> I
I . --A'.:1 i
l ~U.JF1!]
! F _1H' 11~_ ! ! -- •· · "i 11 +.1_ '- I
U•t;~C~iLJ
Architecture.

Design .

Relationships.

A6.0
May 21, 2024, Item #15
.....
.i::,.
0 ""i\
N
0 CM U-1
MT-1
PTl PT2
lft!~ l
CMU-2
MT-2
PT3 P T4

POWAY ROAD
12509 POWAY RD .. POWAY, CA 92064
CMU- 3 C MU- 4
FA
LJ ~ 11:-j ;;,1. - --·===-·:j('-La_ . ~
~ 1:~, - :._~ -=~.J •l)~ _;r;.~171•
~ -r~- . x r JI

MASONRY
CMU- 1 s·x11 · X16- MANU F/;CTURE:SUPERLITE'
TYPE· STANO,~AD BLOCK- PAT"TERII. STACKOOllD
P:..1NlED TO l•l;\ l C H FT-I (STONE MASC/ I CEH, 15)
CM!J-2 ! s·x a· X 16- HAN UFACl"URE:SUPEAUiE
CMU·J
CMU ·4
fHETAL
MT·!
MT-2
MT-3
MT·.'.!
HISC
lYPE: STANDAR D BLOCK- PATIERN· Sf.",CK BOND
PAINTED TO M ti.TCH PT-2 (HISTORIC WHI TE OET65j}
12· xs· )( 16" (S')(81- MANUF/\CTUhE: SUPER UTE
TYPE: STANDARD BLOCK-PAT!EJl:N: STAC.K BCND
R.l.KED FINISH
P,,lNTEO TO Ml\.TCH PH (STONE Mt.SON OET6l5l
12· l( 8" X 10 • {6?:8") - MANUFACiUhE: SUPERLJi £
TYPE: STANDAl'I D SLOCK- PATTEAN. STACK SOND
RA.KEO FINISH
PAINTED TO M/\TCH PT-2 [HISTCRJC WHITE OET653J
MITALC.MIOPY· COLOR TO M/,TO l PT-3
RIBBED MET~LPANEL.5 WALL SIDING !3YPIVERS1DE SH EET
METAL- COLOM "CARDlNAL RfO"
MElAL;:Lf, SHlt~G - COLO A TO MATCH PT-3
METAL FLASHlt~G - COLOP. TO M ATCH PT-.1
CAP· I z· ct-1UCM'' - COLORTOMATCHP7-4
CAP-:!. TCMUCAP·COLOATOMA1Cl{P1-~
CT CANOP.fTUi3£-ARCHESANO COLUMNS
COLOR. PT-2
F,\ FABFIJC SHADE COV ER. MAN U: G.\LE PACIFIC USf\ INC • COLO~ , CHERffY RED
HM HOLLO'//METf\ L DCcR;/FRAMESPAmreo
COLOf. : DOOR TO M ATCH WA!..l COLOR
WP WALL PACK UG!-HING
t PT-2
~
PT-4
r oTHER
I S
DUNN EDWAl<DS ·STONEMASON OETGIS
DUNN EDWARDS - HIS TO/l lC W.-IITE DETC>Sl
COlDH TO MATCWCARDINA L R£D·
DUNN [O·m•RD~_:-SUNfLCWER • DES)',\
SfG!·l ,\GE LOCATfCN.yNDER:A SE PAP./,TE PERMIT
I
"\ -=- - i 'I ~q;, I tt
~ - ~~ - c1~f , rx I
~i~1 ~;''<,~:~~~ )- -- -~~-vL -.':'.~
~ ~
--.it;,
,/,f ') I >. 11-
~- / ,:_-=n,;t
~

COLO RS & MATERIALS
A~O

VAC UU M DETA ILS
Arch itecture .

Design .

Relationship s.

A7.0
May 21, 2024, Item #15
.....

U1
0 -t,
N
0 ~
-I
)>
("")
:I:
s:: m
z
-I
("")
FIGURE 3-1: Land Use Plan
ii':

C
>.: a;
E
~ r
D I
~, .., I
Q c,
-'<
.1
C,
~
""2 1
-8' I & I , ..,
"t:,
Q:
8,
J
C
a...
6'
..... ~-. ~·
~ -~ --- (
rJ // ;14-1-, _li,:i, l:.,1,
.r- ..,--, j r---' ""''";,1,;,. ,:,;,.,
! l- o,i>-. Knoll Rd
...._~ --~
\
P.::- .·1.1 , Oak!.

Nt:1'.Ji br •1 i P,-,~1.

Land Use
{ ] ', Feet
Q7 0 500 1,000 2,000 [- 7 Plan Boundary
Parcels
Parks
Creeks
e
~
0 C)
Land Use Districts
- Town Center (TC)
- Mixed Use (MU)
Commercial Office (CO)
3-4 I poway road corridor specific plan I land use regulations and development standards ·o
" C::
u
,'ii
'5
~i s
0 .s
'" "'
u c;
>, ..,
~
0 CL
,:: .r---, ~ ~ r- - ,
I "' ~ I I
I O O -J I I r-, ~ r--'-._r I
I _,- J I~ I I
L _ _r-'" L_J Garden 1Rd
I r---------J . ___ .;: - : __ .,.-::-,_ ___ _ .J
LJ 0
cS u,
:-0
l'.l
?;
Q)
>
~
> C __,
g
~
5 '-- --
;.-.
~
f
0 l'.l
- Commercial General (CG)
Automotive/Commercial General (A/CG)
May 21, 2024, Item #15
..... en
0 ....

3.1 Land Use Designations
0 These Poway Road Corridor Specific Plan
land use designations-unique to
properties within the Specific Plan-regulate
allowable uses within each of the
established districts (see Figure 3-1: Land
Use Plan) .

Town Center (TC)
Intent: To create a d istinct Town Center
in Poway that supports a mix of land uses,
~ with unique shopping, dining, and
)>
n :::c
s: m
entertainment uses and vibrant street
activity well integrated with housing, civic
z buildings, cultural uses, and parks and
--4
c other pub lic spaces.

The Town Center is distinguished by a
distinct and exciting "Main Street'
character, with pedestrian-oriented
buildings. The goal is to have a mix of uses
that draw people during the day, evenings,
and on weekends.

Physical Form: The physical form consists
of two- to three-story vertical and/or
horizontal mixed-use building types that
accommodate active storefronts,
• boutiques, restaurants, cafes, small offices,
civic uses, and residential uses. Wide
sidewalks, consistent street tree planting,
public plazas, and well-designed buildings
will support the pedestrian character of the
Town Center.

Mixed Use (MU)
Intent: To accommodate new resident ial
development types that provide
opportunities for home ownership, and to
encourage new reta il activity that
complements well-established businesses
and serves surrounding neighborhoods.

Allowed uses include attached and
detached residential developments,
mixed-use residential/commercial projects,
and stand-alone retail, service, office,
dining, and recreational and entertainment
businesses. Places of public assembly are
permitted through discretionary review.

Specifically prohibited are heavy
commercial uses and any use that creates
noise, odors, and similar adverse conditions
that are incompatible with residential uses.

Physical Form: The physical form
emphasizes two- to three-story
development that has a clear relationship
to the street and a mix of residential and
commercial uses along the street frontage.

Commercial/Office (CO)
Int ent: To provide an environment for
professional office, service, and retail
uses where local and
national/international businesses ca n
meet the needs of Poway residents,
support the local economy, and provide
opportun ities for new jobs.

Allowed uses include a full range of
commercial businesses. Places of public
assembly and housing are permitted
through discretionary review.

The Commercial/Office district is a dynamic
employment center where established
office and retail space is enhanced by new
infill development and creative, flexible
building spaces that meet emerging
business needs and practices, including
buildings with large
poway road corridor specific plan I land use regulations and development standards I 3-3 May 21, 2024, Item #15
:::j and open layouts that can easily be
0 ;::; reconfigured and places where multiple
0 individuals or companies can co-locate.

The physical form consists of lower-intensity
office and retail buildings, with opportunities
for office on upper floors above retail.

Commercial General (CG)
Intent : To strengthen establ ished reta il
businesses and accommodate a d iverse
range of shopping, personal service,
dining, enterta inment , and hotel uses
within a business-friendly environment
that supports the need s of the local
commun ity, visitors, a nd tourists.

The Commercial General district provides
opportunities for retail and service
businesses to locate in a central
commercial environment and to establish
incubator space for small and local
businesses. Housing may be allowed
through discretionary review.

Physical Form: The physical form responds
to the need for maximum flexibility to allow
buildings and uses to easily transform over
time as market demands shift. Buildings do
not necessarily require immediate street
frontage, but all street-facing facades
need to welcome pedestrians and
contribute to an aesthetically pleasing
street presence .

Automotiv e/Co mmercial General
(A/CG)
-----
Intent : To accommodate a full range of
retail, service, and wholesale commerc ial
act ivities and particu larly, a uto sa les an d
vehicle service and repa ir businesses.

The Automotive/Commercial General
district supports a broad array of more
intensive commercial businesses that are
appropriately separated from residential
uses and clearly oriented toward auto
dependent and auto-related uses and
customers. While the district serves as a
place for clustering auto sales and related
activities, technological and market trends
over the longer term may lead to changes
in space required to accommodate such
uses. Thus, land use regulations provide
flexibility for other commercial uses that
require larger lots and separation from
residential development. Housing is not
permitted in this district.

Physical Form: The physical form consists
of medium to large commercial buildings
designed for maximum flexibility and
compatibility, along with accommodation
of a range of concentrated commercial
uses.
powoy rood corridor spec ific pion I land use regulations and deve lopmen t stand ards I 3-5 May 21, 2024, Item #15
.....
00 0 ...,
N
0 l>
-I -I
l> n :::c:
s: m
2 -I
m
TABLE 3-1 LAND USES AND PERMIT REQUIREMENTS
Land Uses
RETAIL
Alcohol Sales -Associated with a winery, brewery, or
distillery
Antique Shop; Consignment Store
Drive-through Facility
Liquor Store
Retail Store (up to 20,000 sq. ft.)
Retail Store (greater than 20,000 sq. ft.)
Thrift or similar second-hand sales

VEHICLE USES
Automobile Repair and Service- Major (all except
quick-service facilities, such as lube and tune-up)
Automobile Repair and Service - Minor
Automobile Sales, Lease, and Rentals
P = Permitted by Right
AUP = Administrative Use Permit
A = Accessory Use
X = Not Allowed
C = Conditional Use Permit
TC MU co CG A/GC Additional Regulations

AUP AUP C C C
X X p p p

X C AUP AUP AUP
Liquor stores are not permitted within 1,000
C C X C C feet of any public school.
p p p p p See also PMC Section 5.48 (Firearms Sales).

AUP AUP p p p See also PMC Section 5.48 (Firearms Sales).

X X X C C

X X X C AUP
X X C C AUP No vehicles shall be stored outside overnight .

X X C C p Includes used automobile sales
poway road corridor specific pla n I land use regulations and development standards I 3-1 3 May 21, 2024, Item #15
.....
\0
0 ....

N
0 TABLE 3-1 LAND USES AND PERMIT REQUIREMENTS
P = Permitted by Right
Land Uses AUP = Administrative Use Permit
C = Conditional Use Permit
TC MU co CG
Automobile Washing/Detailing X X C C
Boat and Recreational Vehicle Sales, Rental, and
Repair X X X X
Gasoline/Fueling Service Stations, including vehicle
charging stations X X C C
Tire Sales and Services as freestanding use X X X C
Vehicle Towing and Storage X X X X
3-l 4 I poway road corridor specific plan I land use regulations and development standards A = Accessory Use
X = Not Allowed
A/GC Additional Regulations
C
AUP
C
p
C
May 21, 2024, Item #15

AGREEMENT
OF

UNDERSTANDING
City
Council
for
the
City
of
Poway,
hereinafter
referred
to
as
"City"
and
SPH6,
LLC/Michael
J · Foster
, hereinafter
referred
to
as
"Proponent"
enter
into
this
Agreement
of
Understanding
based
upon
the
following
facts:

Proponent
owns
or
has
an
equitable
interest
in
land
described
by
tax
Assessor's
Parcel
Number(s)
317-540-64-00
Proponent
desires
to
develop
this
property
in
accordance
with
the
will
of
the
City
and
without
the
expense
of
a
protracted
development.

City
is
concerned
that
Proponent
will
create
development
plans
unsatisfactory
to
City
and
consume
time
and
effort
of
City
employees
needlessly
on
unsatisfactory
development
plans
unless
City
assists
in
directing
Proponent.

Based
upon
the
above
mentioned
facts,
City
will
grant
Proponent
a
hearing
prior
to
filing
any
application
for
development
upon
the
following
understanding:
a.

City
will
render
no
decision
with
regards
to
any
development
proposal
or
part
thereof
.
b.

City
will
receive
no
evidence,
specific
in
nature,
in
support
of
a
particular
development
plan
.
c.

City
will
make
no
representations
that
will
obligate
the
City
to
render
a
decision
in
favor
of
or
against
any
development
proposal
or
part
thereof
Proponent
may
subsequently
submit.
d.

If
any
development
proposal
is
subsequently
submitted,
Proponent
will
proceed
at
its
sole
and
exclusive
risk
with
the
understanding
that
City
has
made
no
representations
upon
which
Proponent
may
rely.

Dated:
5/8/24
Proponent:
20 of
20 ATTACHMENT
F

Poway City CouncilMay 21, 2024

Poway City Council
May 21, 2024