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
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