Loading...
Res P-99-30RESOLUTION NO. P-99-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING A MODIFICATION TO MINOR CONDITIONAL USE PERMIT 92-03M ASSESSOR'S PARCEL NUMBER 317-473-01 thru 05 WHEREAS, Minor Conditional Use Permit 92-03M, submitted by Elks Lodge 2543 requests approval to modify th :litional use permit to allow for the rental of the Elk's Club for certain non-member activities and to allow the of a small smoking patio. The property is located at 13219 Poway Road within the Town Center zone; and WHEREAS, on April 20, 1999, the City Council held a duly advertised public hearing to obtain testimony both pro and con on the above described item. WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication, reservation, or otb described in this resolution begins on the effective date of this resolution and any such protest must b that complies with Section 66020. NOW, THEREFORE, the City Council does hereby follows: The City Council finds that the proposal is Categorically Exempt, Class 1 from the California E Quality Act in that the use operates within an existing building, The project' I with the Poway Road Specific Plan and the Poway General Plan in that fratemal :1 social clubs are permitted within the Town Center C zone with the approval of a conditional use permit. That the location, size and design and operating ch "the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structures, or natural in that the use will locate within an existing building. Resolution No. P- 99-30 Page 2 That the scale, bulk, coverage and density' l with adjacent uses, in that the use will be located within an existing building and the proposed smokers patio is a minor addition to an existing building. That there are available public facilities, services and utilities to serve the lodge in that th 31etely developed and is served by existing public facilities and utilities. That there will not be a harmful effect upon desirable neighborhood ch in that the use will be located within an existing building and a temporary use permit will be required for any band/concert related special events. That the g :traffic will not adversely impact the surrounding streets and/or the City's Cimulation Element in that the trail generated by the use can be readily handled by the existing roadways without impacting the existing level of service. That the site is suitable for the type and intensity of use and development proposed in that th ' ' designated 1' use and the Elks have a reciprocal parking agreement with the adjacent business. That there will not be significant harmful effects upon the Iai quality and natural in that the use will be contained within an existing building on a fully developed site. 9. That th :t: mitigated. l impacts of the proposed use that cannot be il Decision: The City Council hereby approves Minor Conditional Use Permit 92-03M 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, (b)the property owner shall 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 residential and uses. Resolution No. P~ 99-30 Page 3 This conditional use permit shall be subject to annual review by the Director of Development Services for compliance with the conditions of approval and to add that may h :1 during the past year. If the permit is not in compliance with the conditions of approval, or the Development Services Department h -1 complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEVELOPMENT SERVICES DEPARTMENT. SITE DEVELOPMENT Site shall be developed in accordance with the approved site plans on file in the Development Services Department and the condil' ,I herein. Revised site plans and building incorporating all conditions of approval shall be submitted to the Development Services Department prior to issuance of building permits. The proposed enclosed patio area shall be re-designed so that the existing parking stalls located along the front of the building will not be impacted or displaced. 3. The color of the 4 foot high wrought iron railing proposed 1' the smoking patio shall be dark grey or black. Approval of this request shall not Ordinance and all other applicable City Ord' permit issuance. 31lance with all :the Zoning rfect at the time of building Prior to any use of the project site or b ly being ~ thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services. 6. The applicant shall obtain the required building department approvals and permits. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ord =fect at the time of building permit issuance. The applicant shall obtain the required approvals from the Alcoholic Beverage Control for th :1 smoking patio area prior to ' ; building permits. A copy of the new or modified license shall be submitted to the Development Services Department. Upon receiving the necessary approvals from Alcoholic Resolution No. P-99-30 Pa~e 4 Beverage Control, MCUP 93-02M allows the Elks to sell alcoholic beverages only to members and their member-accompanied guests. Special events that are beyond the normal operation of a pdvate club or involve live music (i.e., band concerts or bands playing for weddings or parties) shall require the approval of a temporary use permit by the Director of Development Services. E 1 as dart t non-member meetings, or parties and weddings without live music shall not require a temporary use permit. All activity shall be confined within the building. 10. In accordance with Section 8.44.080, the keeping or storage of motor homes on the p ' prohibited. 11. All youth ( under age 18) related activities sponsored at the lodge shall comply with City curfew laws. Adequate adult supervision shall be provided during such events. Access to the bar/lounge area shall be restricted and secured during any youth related events. 12. A reciprocal parking agreement shall be established and maintained to provide additional, close-by parking for special events. 13. The approved hours of oF follows: Sunday Monday-Thursday Friday and Satu~ay 8:00 a.m. - 9:00 p.m. 11:00 a.m. -12:00 midnight 11:00 a.m. - 2:00 a.m. 14. Th pancy of the building shall not exceed standards established in the Uniform Building Code. SIGNS Any signs proposed for this development shall be designed and approved ' with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. Provide appropriate exit signag d ring patio area. = Gate limiting access to parking area west of Elk's Lodge shall not reduce access width below 20 feet. If these g ly operated, they shall be equipped with a K ' :le key switch. Resolution No. P-99-30 Page 5 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 20th day of April 1999. ATTEST: Lori Anne Peoples, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-99-30, was duly adopted by the City Council at a meeting of said City Council held on the 20th day of April, 1999, and that it was so adopted by the following vote: AYES: EHERY, GOLDBY, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA, HZGGINS0N Lori Anne Peoples, City Clerk ' ,~0h City of Poway N:\P