Res P-91-87NO. P- 91-87
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING CONDITIONAL USE PERMIT 90-19
ASSESSOR'S PARCEL NUMBER 317-490-55
WHEREAS, Conditional Use Permit 90-19, submitted by De zi
Bashogi, applicant, requests approval to operate a restaurant wh ch
will offer alcoholic beverages other than beer and wine within he
existing center located at 12845 Poway Road in the CG zone; an
on December 17, 1991, the City Council held a hearing
on the above-referenced item.
NOW, the City Council does hereby resolve as
follows:
Section 1: Environmental FJ s:
The City Council finds that this project is categorically
exempt Class 1 from the California hal Quality Act
in that the project involves interior or exterior alterations
to such things as plumbing and partitions.
Section 2: Findi :
The proposed project will be consistent with the existing
general plan in that the proposed project is located in
the Commercial General zone which permits restaurants
serving alcoholic beverages with a conditional use
permit.
That the location, size, design, and o er lng
characteristic of the proposed use will be co pa ble
with and will not adversely affect or be ma er lly
detrimental to adj cent uses, residents, bu ld gs,
structures, or na ural The prop sed
restaurant is locate in a center with other restaura ts,
will be licensed by he Alcohol Beverage Control Bo rd,
and will offer alcoho ic beverages only during hours hen
food is served.
That the scale, bulk, coverage, and density is consis ent
with adjacent uses, in that the restaurant wil be
located in an existing center and the seating capaci of
the operation will be limited to ensure that the on te
parking will not negatively impact the surrou ng
That there are available public facilities, 9
utilities to serve the proposed use as all facilities~and
can be provided for through the conditions of
approval.
No. P-91-87
Page 2
That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the physical
separation between residential and 1 uses will
be
That the generation of traffic will not adversely impact
the surrounding streets and/or the City's Circulation
Element in that the seating capacity of the is
not anticipated to cause a significant ~ in
traffic and the center has adequate parking spaces for
this establishment.
That the site is suitable for the type and intensity of
use nd development proposed in that the site is located
in t e i General zone in which a restaurant
serv ng alcoholic beverages is a permitted use with a
cond tional use permit.
That there will not be significant harmful effects upon
the i quality and natural
That there are not other relevant negative impacts of the
proposed use that cannot be mitigated.
10.
That the impacts, as described above, and the location of
the proposed use will not adversely affect the City of
Poway General Plan for future as well as present
development.
Section 3: Cit
il Decision:
The City Council hereby approves Conditional Use Permit 90-19
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 1:00
a.m. seven days a week. Alcoholic beverages shall be
served only during the hours that food is served.
Seating shall be limited to 36 places. , 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 1 uses.
SITE
1.
Resolution No. P-91-87
Page 3
The applicant shall provide the City with a copy of the
license issued by the Alcoholic Beverage Control Board
prior to t of use.
SHALL CONTACT THE OF
WITH THE FOLLOWING CONDITIONS:
Site shall be developed in accordance with the approved site
plans on file in the Planning Department and the
herein.
Appr val of this request shall not waive compliance with all
sect OhS of the Zoning Development Code and all other
appl cable City Ordinances in effect at the time of building
perm t
The trash receptacle to be used by this restaurant 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.
Ail roof ap~ , including air conditioners, shall be
architecturally integrated, shielded from view and sound
buffered from adjacent properties and streets as required by
the Planning 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
The applicant shall comply with the latest adopted Uniform
But ding Code, Uniform Mechanical Code, Uniform Plumbing Code,
Nat onal Electric Code, Uniform Fire Code, and all other
app icable codes and ordinances in effect at the time of
bui ding permit
For the development, the applicant shall pay development fees
at the established rate. Such fees may include, but not be
limited to: Permit and Plan Checking Fees, Traffic Mitigation
Fees, Water and Sewer Service Fees. These fees shall be paid
prior to building permit
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.
9. Disabled access must be provided throughout the restaurant.
A of three feet clearance behind the service bars must
Resolution No. P-91-87
Page 4
be a ntained. Entry to front service bars must be
main a ned. Entry to front service bar shall be adequately
size o allow for disabled access. Partition between urinal
nd o let i men's room shall be ~ in order not to
~terfere wi h disabled access. At least one seating space
ur wheelcha r bound customers shall be designated. Doorway
ardware sba 1 comply with disabled access requirements.
10. A grease trap shall be installed on the sewer.
11.
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.
SIGNS
Any permanent or temporary signs proposed for this development
shall be designed and approved in conformance with the Sign
Ordinance. The applicant shall submit a sign application to
the Planning Department prior to the installation of
any sign.
ED
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
Services 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 CONTACT THE OF ENG 3 SERVICES
WITH THE
The applicant shall obtain a LOA for two EDUs of sewer
capacity prior to of a building permit.
SHALL CONTACT THE
WITH THE
OF SAFETY
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 Director
o Safety Services. Minimum size of building numbers is six
inches on facade of building.
Resolution No. P-91-87
Page 5
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.
Provide 40 BC extinguisher for kitchen area and
2A:10BC extinguisher for assembly area.
APPROVED and
State of California,
ATTEST:
this
by the City Council of the City of Poway,
17th day of December 1~91.
Marj¢ Wahlsten, City Clerk
STATE OF )
)
COUNTY OF SAN DIEGO )
SS.
Resolution No. P-91-87
Page 6
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-91-87 , was duly adopted ~¥t~he City Council
at a meeting of said City Council held on the day of
December 1991, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
J r~e\ . Wahlsten, City Clerk
City o~oway