Res P-05-72
RESOLUTION NO. P-05-72
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 05-03
ASSESSOR'S PARCEL NUMBER 317-130-68
WHEREAS, Minor Conditional Use Permit (MCUP) 05-03 was submitted by Generoso
Russo, Applicant; a request to allow live entertainment inside of O'Harley's Sports Bar &
Grill, an existing 4,787-square-foot tenant space within a multi-tenant commercial center.
The subject property is located on the east side of Community Road,
in the WalMart Center, within the Commercial General (CG) zone, and is addressed as
13437 Community Road; and
WHEREAS, on October 6, 1998, Specific Plan 98-01 was adopted pursuant to
Ordinance No. 507 establishing additional land use regulations on the subject property; and
WHEREAS, on November 15, 2005, an amendment to the Community Road and
Hilleary Place Specific Plan (Specific Plan Amendment SPA 98-01A) and Zoning Ordinance
Amendment (ZOA) 05-02 concerning Live Entertainment in Commercial Zoning districts were
adopted; and
WHEREAS, on October 25, 2005, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The project is Categorically Exempt from the California Environmental 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 and
involves negligible expansion use beyond that existing.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for MCUP 05-03 to allow live entertainment on property located at 13437 Community
Road, in the Commercial General zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of 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 Commercial General zone, and 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 and will serve existing patrons.
B. The location, size, design, and operating characteristics of the proposed live
entertainment will be compatible with and will not adversely affect or be materially
Resolution No. P-05-72
Page 2
detrimental to adjacent uses, residents, buildings, structures, or natural resources
in 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.
C. 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 commercial building.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed live entertainment in an existing commercial building.
E. 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 commercial building, which is
surrounded by other commercial buildings.
F. The generation of traffic will not adversely impact the capacity and physical character
of the surrounding streets and/or the Circulation Element of the General Plan in that
the proposed live entertainment will be an additional service provided for existing
customers of O'Harley's Sports Bar & Grill. The live entertainment will not generate
additional traffic because the existing restaurant customers will be the primary
beneficiaries of the entertainment, and the streets and site are developed to handle
this traffic.
G. The site is suitable for the type and intensity of use or development which is proposed
in that the proposed live entertainment use will enhance citizen interaction
opportunities in the City. This will help the restaurant move towards the City of
Poway's goal of the Poway Road Specific Plan to promote land uses that provide
citizen interaction.
H. There will not be significant harmful effects upon environmental quality and natural
resou rces in that the proposed live entertainment is located on a developed property
and does not involve the removal of natural habitat resources.
I. 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.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of 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.
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K. The proposed live entertainment will comply with all the applicable provisions of
Chapter 17.48 of the Poway Municipal Code in thatthe facility has been designed and
sited such that it will not result in visual impacts.
Section 3: The City Council hereby approves MCUP 05-03 to allow live entertainment
inside O'Harley's Sports Bar & Grill, located at 13437 Community Road, as shown on the
plans dated June 16, 2005, subject to the following conditions:
A. Approval of this MCUP 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.
B. 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.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
D. The conditions of MCUP 05-03 shall remain in effect for the life of the subject
restaurant, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. MCUP 05-03 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the Conditions of Approval and to address
concerns that may have been raised during the prior year.
F. This MCUP approval is contingent on the approval of Zoning Ordinance Amendment
ZOA 05-02 and Specific Plan Amendment 98-01 A. Should ZOA 05-02 and SPA 98-
01A be denied, the City Council hereby authorizes the Director of Development
Services to convert this MCUP to a CUP upon the applicant's payment ofthe required
CUP application processing fee.
G. Prior to commencing the live entertainment, the applicant shall comply with the
following:
1. The applicant shall comply with the requirements of Chapter 5.12 (Dances and
Dancehalls) and Chapter 5.16 (Entertainment Licenses) of the Poway
Municipal Code as deemed appropriate by the City.
2. The site shall be developed in accordance with the approved plan on file in the
Development Services Department (dated June 16, 2005) and the conditions
contained herein and conducted pursuant to the project description on file
with the City. A final inspection from the Planning Division and Safety Services
Department will be required.
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3. Hours of live entertainment are to be conducted as stated in the attached staff
report, except for Special Occasions/Events that may be approved by the
Director of Development Services. Requests for such Special Events must be
submitted to the Development Services Department 10 working days prior to
the event.
4. A raised stage must be ADA accessible and all appropriate Building Permits
must be obtained.
5. The applicant shall comply with the following requirements to the satisfaction
of the Director of Safety Services:
a. Do not exceed the legal occupant load of the tenant space. Post
maximum occupant load sign(s), indicating total capacity of both the
bar and patio areas.
b. Do not block any exits.
H. Upon establishment of the use to allow live entertainment inside of O'Harley's Sports
Bar & Grill, pursuant to MCUP 05-03, the following shall apply:
1. All exterior doors of O'Harley's Sports Bar & Grill tenant space shall be kept
closed for the duration of the live entertainment.
2. No exterior speakers are allowed in the patio area.
3. The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
4. The applicant shall comply with Chapter 8.08 of the Poway Municipal Code
with regard to noise.
Section 4: This MCUP shall become effective on the effective date of Zoning Ordinance
Amendment 05-02 and Specific Plan Amendment 98-01A.
Section 5: The approval of MCUP 05-03 shall expire on December 15, 2007, 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 has commenced prior to its expiration.
Resolution No. P-05-72
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PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 15th day of November 2005.
ATTEST:
~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. P-05-72 was duly adopted by the City Council
at a meeting of said City Council held on the 15th day of November 2005, and that it
was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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L. Dane Shea, City Clerk
City of Poway