Res P-92-10NO. P- 92-10
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING CONDITIONAL USE PERMIT 91-16
PARCEL NUMBER 314-710-32
Conditional Use Permit 91-16, submitted by James
Smathers, applicant, requests approval to operate a t
which will offer alcoholic beverages other than beer and wine
within the existing center located at 14771 Pomerado Road in the CG
zone; and
on March 3, 1992, the City Council held a hearing on
the above-referenced item.
NOW, the City Council does hereby resolve as
follows:
Section 1: Find :
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: Fi~ :
The proposed project will be consistent with the existing
general plan in that the proposed project is located in
the I General zone which permits restaurants
serving alcoholic beverages with a I use
permit.
That the locat on, size, design, and operat ng
ch racteristics o the proposed use will be compati le
wi h and will no adversely affect or be materia ly
de rimental to a Jacent commercial uses, residen s,
bu ldings, structures, or natural The
pro osed restaurant is located in a center with other
res aurants, will be licensed by the Alcohol Beverage
Con rol Board, and will offer alcoholic beverages only
dur ng hours when food is served.
That the scale, bulk, coverage, and density is consistent
with adjacent uses, in that the restaurant will be
located in an existing center and the seating capacity of
the operation will be limited to ensure that the on-site
parking will not negatively impact the lng
No. P- 92-10
Page 2
That there are available public facilities, services, and
utilities to serve the proposed use as all facilities and
services can be provided for through the conditions of
approval.
That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the physical
separation between residential and 1 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 the seating capacity of the restaurant 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 y of
use nd development proposed in that the site is located
in t e Commercial 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 1 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,
the proposed use will not adversely
poway General Plan for future as
development.
and the location of
affect the City of
well as present
Section 3: Cit
The City Council hereby approves Conditional Use Permit 91-16
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.
Alcoholic beverages shall be served only during the hours
that food is served.
Seating shall be limited to 90 places. , upon
annual review, the Planning Director may grant an
incremental increase in seating based on traffic
patterns.
SITE
1.
No. P-9~-10
Page 3
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 uses.
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 THE OF
WITH THE
Site shall be developed in
plans on file in the Planning
conditions contained herein.
with the approved site
Department and the
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
Ail roof appurtenances, 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 compl' with the latest adopted Uniform
Bui ding Code, Uniform Mec-anical Code, uniform Plumbing Code,
Nat onal Electric Code, 'niform Fire Code, and all other
app icable codes and ordnances 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 Building
Standards Code must be adhered to.
Resolution No. P-92-10
Page 4
Restaurant must comply with all requirements of a Group A,
Division 3 occupancy as designated by the Uniform Building
Code.
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 Services Department prior to the installation of
any sign.
iRED
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 CONTACT THE OF
C( WITH THE CC
The applicant shall pay $3,769.69, the balance of sewer
connection fees for two additional EDU's of sewer capacity.
R&R Partners have paid the initial reservation fees.
SHALL
THE OF SAFETY
WITH THE FOLLOWING
1. Submit plans for a tenant improvement plan review.
If modifications to the existing fire sprinkler system need to
be made, plans must be submitted to and approved by the Fire
Department before the work is done.
3. Provide plans for a hood and duct fire extinguishing system.
4. Provide a front door key for the "Knox" Security box.
5. Address must be at least six inches in height and easily seen.
6. Provide a posted occupant load sign that is easily seen.
Page 5
No. P- 92-10
and by the City Council of the City of Poway,
State of California, this 3rd day of March 1992.
ATTEST: ~~yor
J ~ ahlsten, City Clerk
STATE OF )
) SS.
COUNTY OF SAN DIEGO )
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-92-10 , was duly adopted by the City Council
at a meeting of said City Council held on the 3rd day of
March , 1992, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
EMERY, HIGGINSON
' j rle\K. Wahlsten, City Clerk
City o~oway