Res P-91-03NO. P- 91-03
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING CONDITIONAL USE PERMIT 90-08
PARCEL NUMBER 31'
WHEREAS, Conditional se Permit 90-08, submitted by Domenic
Mogavero, applicant, reque s approval to operate a restaurant and
carry out delicatessen whic will offer beer and wine within the
existing center located at 2719 Poway Road in the CO zone; and,
on the
on January 8, 1991, the City Council held a
ferenced item.
NOW, the City Council does hereby resolve as
follows:
Section 1: :
The City Council finds that this project is categorically
exempt Class 1 from the California tal Quality Act
in that the project involves interior or exterior alterations
to such things as plumbing and partitions.
Section 2: Find~ :
The proposed project will be consistent with the existing
g neral plan and there is a le probability that
t e project will be consistent with the proposed general
p an in that it is unlikely that land use designations
w 11 change for this property.
That the location, size, design, and oper ting
characteristic of the proposed use will be compa ible
with and will not adversely affect or be mate ally
detrimental to adjacent uses, residents, bull ngs,
structures, or natural The restauran will
serve beer and wine and will be licensed by the A cohol
Beverage Control Board.
That the scale, bulk, coverage, and density is consistent
with adjacent uses, i that the restaurant and carry o't
deli will be locate in an existing center and t e
seating capacity of he operation will be limited o
ensure that the on-s te parking and limited off-si e
parking on Silverlake Road will not negatively impact the
surrounding k
That there are public , , and
utilities to serve the proposed use as all facilities and
can be provided for through the conditions of
approval.
Resolution No. P- 91-03
Page 2
That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the physical
separation between residential and i uses will
be adequate.
That the generation of traffic will not adversely impact
the surrounding streets and/or the City's Circulation
Element in that a condition of approval will require the
payment of Traffic Mitigation Fees and the restriping of
the existing off-street parking lot for the facility.
That the site is for the type and y of
use and development proposed in that the site is located
in the Commercial Office zone and that a restaurant is a
permitted use in a I zone with a conditional use
permit where beer and wine is offered.
That there will not be significant harmful effects upon
the quality and natural
That there are not other relevant negative impacts of the
proposed use that cannot be mitigated.
10.
hat the impacts, as described above, and the location of
he proposed use will not adversely affect the City of
oway General Plan for future as well as present
evelopment.
Section
Decision:
The City Council hereby approves Conditional Use Permit 90-08
subject to the following conditions:
Within 30 days of approval (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 on Real Property.
Hours operation shall be limited to 7:00 a.m. to 10:00
p.m. seven days a week.
Seating shall be limited to 50 places. However, upon
annual review, the Planning Director may grant an
tal increase in seating based on traffic
patterns.
The use conditionally granted by this permit shall not be
conducted in such a manner as to interfere with the
reasonable use and enjoyment of surrounding residential
and commercial uses.
Resolution No. p-91-03
Page 3
SHALL
REGARDING C~
THE OF
WITH THE FOLLOWING CC
SITE
Site shall be developed in accordance with the approved site
plans on file in the Planning Department and the
contained herein.
Appr val of this request shall not waive compliance with all
sect ons of the Zoning Development Code and all other
appl cable City Ordinances in effect at the time of building
perm t i
Trash receptacle shall be enclosed by a six foot high masonry
wall with view-obstructing gates pursuant to City standards.
Location shall be subject to approval by the Planning
Department. Trash enclosures shall not be located adjacent to
street frontages.
Ail roof appurt including air conditioners, shall be
architecturally integrated, shielded from view and sound
buffered from adjacent properties and streets as required by
the Planning Services Department.
Prior to any use of the project site or business activity
being ] thereof, all conditions of approval contained
herein shall be completed to the satisfaction of the Director
of Planning Services.
The applicant shall compl' with the latest adopted Uniform
Bui ding Code, Uniform Mec-anical Code, Uniform Plumbing Code,
Nat onal Electric Code, ,~iform Fire Code, and all other
app icable codes and ord ances in effect at the time of
bui ding permit i
For the development, the applicant shall pay development fees
at the established ra e. Such fees may include, but not be
limited to: Permit an Plan Checking Fees, Traffic Mitigation
Fees, Water and Sewer ervice Fees. These fees shall be paid
prior to building perm t
Site development requirements for handicapped accessibility
found in Chapter 71 of the State of California Building
Standards Code must be adhered to. All new buildings shall be
accessible throughout.
Pursuant to Municipal Code Section 17.10.150(N) "Ail new
construction and remodeling shall be preplumbed for solar hot
10.
Resolution No. P-91-03
Page 4
water heating for the common facilities". The provision for
solar plumbing should be shown on the building construction
set.
This approval shall become null and void if building permits
are not issued for this project within two years from the date
of project approval.
AND ACCESS
Ail parking lot landscaping shall consist of a of one
15 gallon size tree for every three spaces. Said trees shall
be put in tree wells in the front parking area for the
required 14 spaces (5 2 existing = 3 trees) of restaurant
parking.
Parking lot lights, if desired, shall be low pressure sodium
and have a maximum height of 18 feet from the finished grade
of the parking surface and be directed away from all property
lines, adjacent streets and residences.
Ail two-way traffic aisles shall be a minimum of 25 feet wide
and emergency access shall be provided, maintained free and
clear, a of 25 feet wide at all times during
construction in accordance with Safety Department
requirements.
Ail parking spaces shall be double striped with a minimum
inside dimension of 8'6" x 18'6"
The landscape planters adjacent to Poway Road shall be
replanted with ground cover and shrubs.
A detailed landscape and irrigation plan shall be submitted to
and approved by the Public Department and Planning
Services Department prior to the issuance of building permits.
Ail landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
SIGNS
On or before March 1, 1991, the existing forming
freestanding t sign shall be removed or prior to
certification of occupancy of the restaurant whichever is
earlier.
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance. The
Resolution No. P-91-03
Page 5
applicant shall submit a sign application to the Planning
Services Department prior to the installation of any sign.
The conditional use permit shall be submitted to annual review
by the Director of Planning Services for compliance with the
conditions of approval and to address that may have
occurred during the past year. If the permit is not in
compliance with the conditions of approval, or if the Planning
Department has received complaints, the required
annual review shall be set for a public hearing before the
City Council to consider modification or revocation of the use
permit.
SHALL THE OF
WITH T~E
Ail proposed utilities within the project shall be installed
underground including existing utilities along Circulation
Element roads and/or highways less than 34.5 KV.
The applicant shall obtain a LOA for three EDUs of sewer
capacity prior to issuance of a building permit.
The applicant shall pay the Traffic Mitigation Fee at a pro
rated amount based on the old use (auto parts store) and the
rate for a restaurant.
SHALL CONTACT THE
WITH THE
OF SAFETY
Roof covering shall meet Class A fire retardant testing as
specified in the Uniform Building Standards No. 32-7 for fire
retardant roof covering materials, per City of Poway Ordinance
No. 64.
T e buildings shall display their numeric address in a manner
v sible from Poway Road. Building addresses shall also be
d splayed on the roof in a manner satisfactory to the
o Safety size of building numbers is six
inches on facade of building.
One of the following is to be done:
The building will be required to install an approved fire
sprinkler system meeting NFPA #13 and Fire Department
standards due to size (over 2,500 square feet) and
occupancy (assembly) of new tenant. The entire system is
Resolution No. P-91-03
Page 6
to be monitored by a central monitoring agency. A system
post indicator valve with tamper switch, also monitored,
is to be located by the City Fire Marshal prior to
installation.
Fire sprinkler the new occupancy area and install a rated
fire wall between the new occupancy and existing leased
space occupancies.
A "Knox Box" security system and Knox padlock shall be
provided for the building and post indicator valve meeting
Department of Safety requirements.
Hood and duct extinguishing system shall be installed for
cooking areas.
Access for emergency vehicles shall be designated as fire
lanes with appropriate signage and curb markings.
Provide 40 BC extinguisher for kitchen area and minimum
2A:10BC extinguisher for assembly area.
Prior to delivery f combustible building material on site,
water and sewer sys ems shall satisfactorily pass all required
tests and be connec d to the public water and sewer systems.
In addition, the f st lift of asphalt paving shall be in
place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not be installed
until all other construction activity has been substantially
completed to the satisfaction of the City.
and ADOPTED by the City Council of the City of Poway,
State of California, this 8th day of January 1991./,
ATTEST: yor
Marjort
y Clerk
STATE OF )
) SS.
COUNTY OF SAN DIEGO )
Resolution No. P-91-03
Page 7
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-91-03 , was duly adopted by the City Council
at a meeting of said City Council held on the 8th day of__
JanL , 1991, and that it was so adopted by the following
vote:
AYES: EMERY, HIGGINS0N,
NOES: NONE
NONE
ABSENT: NONE
SNESKO, GOLDSMITH
[arJo ~ ;en, City Clerk
City o~. Poway