Res P-92-56RESOLUTION NO. P- 92-56
RES LU ION F T E CIT CO NC L
F TH C TY 0 PO AY, C LIF RNA
APPROV NG M NO CON ITI NAL U E P RM T 92-03
ASSESS R'S AR EL N MBE 317- 73- , , AND 5
WHEREAS, M nor Conditional Use Permit 92-03, submitted byDon Patch and the
ow Elks Lodge .o. 2543, applicants, request approval to operate a private club
n he existing uilding located at 13219 Poway Road in the Commercial General
CG zone. The lks also request approval to serve alcoholic beverages on the
re ises; and
WHEREAS, on October 20, 1992 the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council of the City of Poway does hereby resolve
as follows:
Sec :
The City Council finds that this project is categorically exempt under the
p of CEQA Categorical Exemption Class 1, (Existing Facilities) in
that the use is located in an existing building.
The proposed location, size, design, and operating ch ti s
of the proposed use are in accord with the title and purpose of th s
resolution, the purpose of the zoning in which the site is locate ,
the Powa General Plan and development policies and standards of t e
City, be ause the building is an existing legal structure which has
been use lawfully and in compliance with the Zoning Ordinance and
General lan.
That the location,-size, design, and operating characteristics of
the roposed us will be compatible with and will not adv rsely
affe t or be ma erially detrimental to adjacent us s, resi e ts,
bull ings, struc utes, or natural in that he use w 1 be
loca ed in an ex sting building within the Commercia Genera CG)
zone, where all of the surrounding land uses are o a 1
nature.
That the harmony in scale, bulk, coverage, and density is consistent
with adjacent uses, the exterior of the existing building will not
change other than cosmetically.
4. That there are available public facilities, and utilities,
because the use will be located in an existing 1 building.
Resolution No. P- 92-56
Page 2
That there will not be a harmful effect upon desirable neighborhood
characteristics, in that all of the surrounding land uses are of a
commercial nature.
That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element, in that
there will be adequate off street parking provided.
That the site is suitable for the type and intensity of use or
development which is proposed, in that it is in a 1
location.
That there will not be significant harmful effects upon
tal quality and natural in that the site is
currently completely developed.
That there are no 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 in that the existing
use conforms with the p of the General Plan and the Zoning
Ordinance.
The City Council hereby approves Minor Conditional Use Permit 92-03
subject to the following conditions:
Within 30 days of approval, (a) the applicant shall submit in
writing that all conditions of approval have been read and
understood; and (b} the property owner shall execute a Covenant on
Real Property.
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 1 uses.
The project will be subject to an annual review by the Planning
Director per Section 17.48.140 of the Zoning Ordinance to monitor
compliance with the conditions of approval.
4. Hours of operation will be as follows:
Sunday
Monday - Thursday
Friday and Saturday
8:00 a.m. -
11:00 a.m. -
11:00 a.m. -
9:00 p.m.
I2:00 p.m.
2:00 a.m.
Resolution No. P-92-56
Page 3
Special events that are beyond the normal operation of a private
club shall require approval of a temporary use permit by the
Director of Planning Services.
The applicant shall provide the city with a copy of the license
issued by the Alcoholic Beverage Control prior to t of
use.
The permit allows the Elks to sell alcoholic beverages only to
members and their member-accompanied guests.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
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
The applicant shall comply with the latest adopted Uniform Building,
Plumbing, and Mechanical Codes, the National Electric Code, Uniform Fire
Code, and all other applicable codes and ordinances in effect at the time
of building permit
Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning
e
Corridors will be required to be of one-hour fire resistive construction
with 20 minute-rated doors.
All areas of the facility shall comply with State of California Building
Standards Code requirements for accessibility for persons with
disabilities.
PAR
All parking lot landscaping shall consist of a minimum of one 15 gallon
size tree for every three spaces. For parking lot islands, a minimum 12
inch wide walk adjacent to parking stalls shall be provided and be
separated from vehicular areas by a six inch high, six inch wide portland
concrete cement curbing.
Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
Resolution No. P-92-56
Page 4
All two-way traffic aisles shall be a minimum of 25 feet wide and
emergency access shall be provided, maintained free and clear, a minimum
of 24 feet wide at all times during construction in accordance with Safety
Services Department requirements.
All parking spaces shall be double striped standard spaces and shall have
minimum d' of 8.5' x 18.5'.
The gate along the southerly property line shall remain locked until such
time that legal access is established over the easement that runs from
Bowron Road along the southerly property line.
A detailed landscape and irrigation plan shall be submitted to and
approved by the Department of Planning Services prior to the issuance of
building permits.
2. All landscaped areas shall be maintained in a health 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.
Existing building{s} shall be made to comply with current building and
zoning regulations for the intended use.
APPLICANT SHALL CONTACT THE DEPARTNENT OF ENGINEERING SERVICES REGARDING
CONPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
Grading and paving of the subject property shall be in accordance with the
Uniform Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
The requirement for a preliminary soils report is waived. A aving
recommendation shall be submitted by a soils engineer bas d on "R" alues
and a traffic index of 4.5 for parking spaces and 5.0 or drive sles.
Minimum structural section shall be three inches of aspha t on four nches
of Class II base for parking spaces and three inches asphalt on six
inches of Class II base for drives. Five inches of lass III may be
substituted for four inches of Class II base and eight inches of Class III
Resolution No. P-92-56
Page 5
may likewise be substituted for six inches of Class II base. If the "R"
value of the native soils exceeds 50, four inches of asphalt may be placed
on 12 inches of native subgrade compacted to 95 percent.
The final grading and paving plan, prepared on a standard size sheet,
shall be subject to review and approval by the Planning Services and
Engineering Services Departments and shall be completed prior to issuance
of a grading permit.
A subgrade compaction report shall be submitted and approved prior to
scheduling of paving.
Non-supervised nor non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
Erosion control, including, but not limited to desiltation basins, shall
be installed. The developer shall make p to insure the proper
maintenance of all erosion control devices throughout their intended life.
The tops and toes of all graded slopes shall be
foot minimum setback from any open space area.
with a five
All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Department of Engineering
Services.
Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Engineering Services
department and appropriate fees paid, in addition to any other permits
required.
The development shall acquire an encroachment permit for any private
improvements placed within the public right-of-way.
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.
The a plicant shall pay for a water system analysis if required for a fire
sprin let system, at the established rate to determine the proper size and
locat on for the public water system. The amount shall be paid upon
deman by the City.
Resolution No. P-92-56
Page 6
Within 30 days after receiving approval of the minor cond tional use
permit, the applicant shall apply for a L tter f Availabili y (LOA) to
reserve one additional EDU of sewerage avai abili y an post wit the City,
a nonrefundable fee equal to 2 % of he appropria e sewerage
fee in effect at the time the L A is ssued.
Water main lines and appurtenances that may be installed at locat ons
other than within public streets shall have an easement, a min mum o 20
fee wide, dedic ted to the City of Poway. Multiple parallel acili les
will re uire add tional easement width for on-site facilities. .edica ion
shall b offere in the final map whereas off-site lines shal have the
easemen dedica ed by a separate instrument recorded prior to final map
approva .
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COHPLIANCE
WITH THE FOLLOWING CONDITIONS:
Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
The building shall display their numeric address in a manner visible from
the cess street. Minimum size of the building numbers shall be 6 inches
on + front facade of the building. Building address shall also be
dis ayed on the roof in a manner satisfactory to the Director of Safety
Serv ces.
The building will be required to install an approved fire sprinkler
system. The entire system is to be monitored by a central monitoring
company. System post indicator valves with tamper switches, also
monitored, are to be located by the City Fire Marshal prior to
installation.
If a new on-site fire hydrant is required, the location of the hydrant
shall be determined by the City Fire Marshal. Approximate location will
be at the driveway entrance into the site on Poway Road.
o
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 Valve.
Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
The removal of an abandoned underground fuel tank, or verification of the
removal of the tank will be required. Verification can be accomplished by
various means: County records; invoice for removal cost, dated after
Resolution No. P-92-56
Page 7
Ja uary lggO, when the tank w s discovered; hiring a company to use a
me al detector; removing the s orage shed and sandbox play area to show
ev dence of excavations; or ot er methods. This shall be accomplished
pr or to occupancy of the bull lng.
The minor conditional use permit Shall lapse and become void on October
20, 1994 if the site has not been occupied in accordance with the
conditional use.
APPROVED AND ADOPTED by the City Council of the City of Poway, State of
California, this 20th day of October, 1992.
'jorie K~ W( , ky Clerk
Resolution No. P- 92-56
Page 8
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Marjorie K.. Wahlsten, City Clerk of the City of Poway, do hereb
certify, under the penalty of perjury, that the foregoing Resolution, No. P-
, was duly adopted by the City Council at a meeting of said City Counci
held on the 20th day of October 1992, and that it was so adopte
by the following vote:
.-56
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY~ HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
Marjorie h , y
City ofip~way