Item 13 - CUP 24-0004 & DR 24-0001, Request to Modify Approved CUP 22-0006 & DR 22-0005 by Relocating Outdoor Dining Area for Raising Cane’s, 12665 Poway Road

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
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43 RA
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City
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zoning
/ Location
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Item:

CUP24-0004
250
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ATTACHMENT
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May 21, 2024, Item #13
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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.
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33 of 43 ATTACHMENT D
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May 21, 2024, Item #13
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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
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40 of 43
May 21, 2024, Item #13
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KIESEL•DESIGN
Kiesel Landscape
Architectur e Inc.
l 75El, t.l•1Stoffl
Vcntw.:,,CA!l3001
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CL/15206
RC #923
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Poway
12665 Povr11JRolld,
f'aw.ay, CA{l2064
Typ11: Pr•llmlnary
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JJl'IUatyl1.202,4
Drn-nB ,-;
" NM.IE DATE
S. Co:bcttl 01/2024
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Preliminary
Landscape Plan
ShfftNum Nr:

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May 21, 2024, Item #13
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SITE DATA
PADLCT OESCRIPTK)N:
/ ADDRESS:
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1270J POWAY ROAD, POWAY, CA 112011-4
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ADJ.ACENT ZDHIHG DISTitlClS: N: PC-I Pl.>.N€D COMWUNITY ZON[ [: PC-8 Pl>,N€D COMMUNITY zt)N[
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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.
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5 /·
TOTAL PNJ AREA: 2,1199 s.r.

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

J&.$88 s.r.
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27,312 5.1'.
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BICYOE PARKING SIIMMA.RY:
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LEGAL DESCRIPTION

PRELIMINARY SITE PLAN
C0923 RAISING CANE'S POWAY
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Poway City CouncilMay 21, 2024

Poway City Council
May 21, 2024