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