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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