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Res P-92-23NO. P-92-23 A OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA USE PERMIT 92-03 PARCEL NUMBER 317-480-11 Conditional Use Permit 92-03, submitted by Michael Morton, applicant, requests approval to construct a restaurant which will offer alcoholic beverages, including hard liquor at the Brigantine Restaurant to be located on the southeast corner of Poway Road and Community Road, (a portion of Creekside Plaza), and within the CC (Community l) zone; and the Poway Municipal Code requires that any eating and drinking establishment which serves hard liquor obtain a conditional use permit before commencing business operations within the City; and on May 12, 1992, the City Council held a hearing on the above-referenced item, and took public testimony both oral and written regarding the same, NOW, the City Council does hereby resolve as follows: Th City finds th t the impacts of this business were an icip ted and mit gation requirements for traffic impacts an par lng standar s were produced within the EIR for the un erly ng parcel su d In addition, a dinner house, as wel as other entertainment type businesses were anticipated in the General Plan EIR, to be sited at this as in the Town Center concept. No further tal review is found to be The proposed project will be consistent with the General Plan. A dinner house use is consistent with Goal V, Policy A3 and A6 in that it is a t that will provide community-wide That the locat on, size, design and operat ng ch racteristics o the proposed use will be compati le i h and will no adversely affect or be materia ly e ri ental to a Jacent uses, residen s, u ld ngs, structures or n rural The proposed u ld ng is being designe as a part of Creekside Plaza, here ore, suc as parking, access, and opera lng practices are ad ressedln conjunction with the needs of the entire center. Se No. P-92-23 Page 2 That the scale, bulk, coverage and density is consistent with adjacent uses, for the reasons cited in Finding No. 2 above. T at there are available public facilities, services and u ilities to serve the proposed use in that a condition o approval requires the applicant to purchase sufficient Cty sewer and water capacity prior to of building permits. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the physical separation between the restaurant building and surrounding residential neighborhoods is the possible for any lot in Creekside Plaza. That the generation of traffic will not adversely imp ct the surrounding streets and/or the City's Transportat on Master Element in that the seating capacity of he restaurant has be n factored into the parking lot des gn and is integrate into the master parking plan for he center. In construction of the center required major street righ -of-way dedication and widening of both Poway and Community Roads along the entire property frontage as mitigation for traffic circulation impacts. That the site is for the tye and intensity of use and development proposed in that t is located at the central 1 intersection of he City and in an area designated for the establishmen of restaurant and entertainment uses. T at there will ot be significant harmful effects upon t e environmenta qualit' and natural in that t e building wil be loc ted in an area of the property w ich has been isturbe for long periods of time and contains no sensitive p ant or animal species, has no mature trees, and is not near a war That there are not other relevant negative impacts of the proposed use that cannot be mitigated. 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. In fact, the project as proposed is an element in the revitalization of the Powa¥ Road downtown No. i:'-92-23 Page 3 SITE 1. Section 3: C uncil Decision: The City Council hereby approves Conditional Use Permit 92-03 subject to the 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. The use 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. Alcoholic beverages may be served up to one and one half hours following the hours in which food is being served. Any increase in seating capacity shall require a review of parking standards for Creekside Plaza, and City Council approval. The applicant shall provide the City with a copy of the license issued by the Alcoholic Beverage Control Board prior to t of use. SF~LL THE OF WITH THE Site shall be developed in accordance with the approved site plans on file in the Planning Department and the conditions contained herein. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Department prior to of building permits. Approval of this request 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 Tr sh receptacle shall be en losed by a six foot high wa 1 constructed of mater als which are architecturall. in egrated with the main b lding and with view-obstructin ga es pursuant to City stan ards. Location shall be subjec to approval by the Planning Department. No. P-92-23 Page 4 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 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 Bui ding Code, Uniform Mechanical Code, Uniform Plumbing Code, Nat onal Electric Code, Uniform Fire Code, and all other app lcable codes and ordinances in effect at the time of bui ding permit i For a new i development, or addition to an existin developmen , the applicant shall pay fees at th stablishe rate. Such fees may include, but not be limite o: Permi and Plan Checking Fees, School Fees, Water an ewer Serv ce Fees. These fees shall be paid: prior to ilding permit 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 VEHICUSA~ ACCESS Ail parking lot landscaping shall be consistent with the approved plan for Creekside Plaza. Parking lot lights shall be consistent with the approved design for Creekside Plaza. 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 24 feet wide at all times during construction in accordance with Safety Department requirements. Ail parking spaces shall be double striped. A detailed landscape and irrigation plan has been submitted for Creekside Plaza, which includes this parcel. It shall be approved by the Planning Services Department prior to the of building permits for this project. No. P- 92-23 Page 5 y pruning and/or removal of either parking lot trees or perimeter trees without the written approval of the City of Poway's Landscape Architect is prohibited. Ail landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. A Comprehensive Sign Program for Creekside Plaza including the Brigantine signs shall be submitted to the Planning Department for their review and approval by City Council. APPLICANT SHALL CONTACT THE DEPARTMENT OF WITH THE Grad ng of the subject property shall be in accordance with the '-iform Building Code, City Grading Ordinance, approved grad g plan and geotechnical report, and accepted grading prac ices. 2. A final compaction report shall be submitted and approved prior to of building permit. Site grading shall be by the project civil engineer prior to of building permit. STREETS AND Reciprocal access and/or maintenance agreements shall be provided insuring access to all parcels over private parking areas and maintenance thereof to the satisfaction of the Director of Engineering Services. Ail damaged off-site public facilities, including parkway trees, shall be repaired or replaced to the satisfaction of the Department of Engineering Services, prior to granting of occupancy. Prior to any w rk being performed in the public right-of-way, an permit shall be obtained from the Engineering Services Depar ment and appropriate fees paid, in addition to any other perm ts required. No. P-92-23 Page 6 Ail proposed utilities within the project shall be installed underground. Utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering The developer shall be responsible for the relocation and undergrounding of existing public as required. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway and the County of San Diego Department of Health. Prior to occupancy, the sewer and water systems serving the project shall be installed to the satisfaction of the Director of Engineering Prior to issuance of building permit, all sewer fees shall be paid. Ail improvements shown on Improvement Plan TM 90-05, and Grading and On-Site Improvements plans for Creekside Plaza G 802-92, shall be installed to the satisfaction of the Director of Engineering Services, prior to occupancy. Ail outdoor light fixtures shall use a clear, low pressure sodium vapor light source, except for landscape accent lighting. Cable television services shall be provided and installed underground. The developer shall notify the cable company when trenching for utilities is to be accomplished. SF~%LL T~E OF SAFETY WITH THE Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Section No. 3203(e) and City of Poway Ordinance No. 64. The building shall display their numeric address in a m n er visible from Poway Road. A minimum size of the bu~ d ng umbers shall be six inches on the front facade o he uilding, street facing side. The building address shal a so e displayed on the roof in a manner satisfactory to he irector of Safety , and meeting Sheriff Department ASTREA criteria. Resolution No. P-92-23 Page 7 The buildings shall be required to i stall an approved fire sprinkler system, meeting Poway Munic pal Code requirements. The entire system shall be monitored y a central monitoring company. A system post va ve with tamper switch, also monitored, shall be locate by the City Fire Marshal prior to installation. The approx mate location will be at the public main in front of the new ilding. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. Two new on-site fire hydrants are required. The location of the hydrants shall be determined by the City Fire Marshal. The approximate location will be as installed within the Creekside Plaza project site. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A 'Knox' padlock shall be required for the fire sprinkler system, Post Indicator Valves. A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. Plans shall be submitted and approved prior to installation. t access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. Fire Department access for use of fire fighting equipment shall be provided to the immediate Job construction site at the start of construction and maintained at all times until construction is completed. and by the City Council of the City of Poway, State of California, this 12th day of May 1992. ATTEST: Kathy McIntyre, Deputy Mayor · Wahlsten, City Clerk STATE OF ) ) SS. COUNTY OF SAN DIEGO ) Page 8 No. P- 92-23 I, MarJorie K. City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-92-23 , was duly adopted by the City Council at a meeting of said City Council held on the 12th day of__ May , 1992, and that it was so adopted by the vote: AYES: NOES: ABSENT: EMERY, HIGGINSON, MCINTYRE, SNESKO NONE NONE GOLDSMITH City )<~oway ~-en, City Clerk