Res P-03-43 RESOLUTION NO. P-03-43
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWA¥, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 03-003
ASSESSOR'S PARCEL NUMBER 317-101-15
WHEREAS, Minor Conditional Use Permit (MCUP) 03-003 was submitted by
Marianne Nealan, Applicant, to allow live by solo artists and small bands
inside Patrick's Irish Pub. Patrick's Irish Pub is located on the north side of Poway Road, in
the Poway Valley Center, within the Town Center (TC) zone, and is addressed at 13314
Poway Road, and;
WHEREAS, on July 29, 2003, the City Council held a duly advertised public hearing
to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The project is Categorically Exempt from the California E Quality
Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves live entertainment in an existing restaurant/pub and
~ligible exp beyond that existing.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for MCUP 03-003 to allow live entertainment by solo artists and small bands on
property located at 13314 Poway Road in the Town C are made as follows:
The proposed location, size, design, and operating ch !the proposed
live entertainment are in accord with the title and purpose of Chapter 17.48 of the
Poway Municipal Code (Conditional Use Permit Regulations), the City General Plan,
the Poway Road Specific Plan, the Town C -1 the development policies
and standards of the City in that live entertainment is allowed with a Minor
Conditional Use Permit. The project will not significantly impact traffic circulation or
parking because the live entertainment will take place inside an existing
restaurant/pub and will 3 patrons.
The location, size, design, and operating characteristics of the proposed live
entertainment will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, building
that the facility has been designed and sited such that it will not result in visual
impacts to the surrounding community and it will comply with City of Poway
Municipal Code, and all other applicable State and County codes.
The proposed live entertainment is in harmony with the scale, bulk, coverage, and
density of, and is consistent with, adjacent uses in that the proposed use will be
inside of an existing building.
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Resolution No. P-03-43
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There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed live entertainment in an existing building.
There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed live entertainment has been designed and sited
such that it will not result in an impact to the surrounding community. The live
entertainment will take place inside of an existing building, which is
surrounded by otb buildings.
The generation of traffic will not adversely impact the capacity and physical
character of the surrounding :l/or the Circulation Element of the General
Plan in that the proposed live entertainment will be an additional service provided
for existing of Patrick's Irish Pub. The live entertainment will not
generate additional traffic because the existing restaurantJpub I be the
primary beneficiaries of the entertainment, and th ~1 site are developed to
handle this traffic.
The site is suitable for the type and intensity of use or development, which is
proposed in that the proposed live entertainment use will enh
opportunities in the City. This will help th ~/pub move towards the City of
Poway's goal of the Poway Road Specific Plan to promote land uses that provide
citizen interaction.
There will not be significant harmful effects ul: Iai quality and natural
· that the proposed live entertainment is located on a developed property
and does not involve the removal of natural habitat
There are no relevant negative impacts associated with the proposed use that
cannot be mitigated in that the use will comply with Poway Municipal Code noise
standards.
That the potential impacts, and the proposed location, size, design, and operating
ch :the proposed live entertainment will not be materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan, in that the facility has been designed and sited such that it will not result in
impacts.
The proposed live entertainment will comply with all the applicable provisions of
Chapter 17.48 of the Poway Municipal Code in that the facility has been designed
and sited such that it will not result in visual impacts.
Resolution No. P-03-43
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Section 3: The City Council hereby approves MCUP 03-003 to allow live entertainment
by solo artists and small bands inside Patrick's Irish Pub at 13314 Poway Road, as shown
on the plans dated May 12, 2003, subject to the following conditions:
Approval of this MCUP request shall apply only to the subject project and shall not
31lance with all ! the Zoning Ordinance and all other applicable
City ord' ~ect at the time of Building Permit issuance.
Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2) the property
owners shall execute a Covenant Regarding Real Property.
The use conditionally granted by this approval shall not be conducted in such a
to interfere with th 31e use and enjoyment of surrounding uses.
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The conditions of MCUP 03-003 shall remain in effect for the life of the subject
restaurantJpub, and shall run with the land and be binding upon future owners,
heirs, and I ~ : the current property owner.
MCUP 03-003 may be subject to annual review as determined by the Director of
Development Services for compliance with the conditions of approval and to
add that may have been raised during the prior year.
F. Within 60 days of this approval, the applicant shall comply with the following:
The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated May 12, 2003) and the
conditions contained herein. A final inspection from the Planning Division
and Safety Services Department will be required.
The applicant shall comply with the following requirements to the satisfaction
of the Director of Safety Services:
Post pant load sign(s) indicating total capacity of
both the bar and patio areas.
Occupant Load Capacity:
Main R :~ing bar area - 51
Patio Area - 24
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Upon establishment of the use to allow live entertainment by solo artists and small
bands inside Patrick's Irish Pub, pursuant to MCUP 03-003, the following shall
apply:
Any doors on the west side of Patrick's Irish Pub tenant space shall be kept
closed for the duration of the live entertainment.
2. Th
site
~erator of the facility shall routinely and regularly inspect the
31iance with the standards set forth in this permit.
3. Comply with the City of Poway Noise Ordinance.
Section 4: The approval of MCUP 03-003 shall expire on July 29, 2005, at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the
MCUP approval and the use h -1 prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 29th day of July 2003.
ATTEST:
~n~e
Peoples, City Cl~rrl~
Mich~yor
Resolution No. P- 03-43
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STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-03-43 , was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of July 2003, and that it
was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lori Anne Peoples,
CityoL°rilAf Poway City Clerk