Item 6 - MCUP 94-05 Cappuccino Cottage
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AGENDA R~PORT SUMMARY
~ TO: Honorable Mayor and Members of the City Council
FROM: James (, Bowersox, City Man~
INITIATED BY: John D, Fitch, Assistant City Manager~it ~~
Reba Wright-Quastler, Director of Plannin9 Services
Marijo Van Dkye
DATE: July 19, 1994
SUBJECT: Minor Conditional Use Permit 94-05, Cappuccino Cottage, Charlie Church,
Applicant
ABSTRACT
A request to establish a specialty coffee kiosk, on a permanent basis, within the Lively
Center located at 13232 poway Road in the CG (Commercial General) zone.
ENVIRONMENTAL REVIEW
This project is categorically exempt from environmental review, Class 3.
FISCAL IMPACT
~ The subject property is not located within the Redevelopment Project Area.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 15 property owners
within 500 feet of the project boundaries, and a courtesy letter was sent by the property
owners to the tenants of the Lively Center,
RECOMMENDATION
It is recommended that the City Council approve MCUP 94-05 subject to the conditions
contained in the attached proposed resolution.
ACTION
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JUL 19 1994 lTE'M 6
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~ AGENDA REPOR'_
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: John D, Fitch, Assistant City Manager~~ Jl
Reba Wright-Quast1er, Director of Plan ing Services~
Marijo Van Dyke, Associate Planner
DATE: July 19, 1994
MANDATORY
ACTION DATE: July 19, 1994
SUBJECT: Minor Conditional Use Permit 94 05. Caoouccino CottaQe .
Charlie Church, Aoolicant: A request to establish a specialty
coffee kiosk, on a permanent basis, within the Lively Center
located at 13232 Poway Road in the CG (Commerc i a 1 General)
lone.
APN: 317-101-42
BACKGROUND
On December 10, 1993, the Planning Services Department approved Minor Development
Review 93-63 which permitted the temporary siting of the coffee vending kiosk on
the subject property for a maximum period of three (3) months, as prescribed in
the Zoning Ordinance. The ordinance requires that after the initial three-month
period, if the use is to remain, then a Conditional Use, or Minor Conditional Use
Permit must be granted through the public hearing process,
FINDINGS
The owners have been operating successfully for a period of three months and are
now seeking approval to remain in the same location, wi th use of the same
bu i 1 ding, on a permanent basis, The building meets all building code
requirements, with the exception of the installation of a small ramp needed to
fulfill disabled access requirements, The location in the parking lot has been
observed by both City Staff and other tenants and the owners of the center, No
significant adverse effects have been detected as a result of the placement of
the building or the queuing for the drive-up lane. The modular building has some
ACTION: I
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Agenda Report
- July 19, 1994
Page 2
decorative upgrades, including a red standing seam metal roof and window box.
The small pl anter pots are designed to resi st impact simil ar to the use of
bollards, but are also decorative. The colors and materials otherwise match the
surrounding center.
ENVIRONMENTAL REVIEW
Thi s project is categori cally exempt from envi ronmental review. It can be
grouped in Class 3, which includes construction of sma 11 new commercial
structures on sites zoned for commercial use.
FISCAL IMPACT
The subject property is not located within the Redevelopment Project Area.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to --12
property owners within 500 feet of the project boundaries, and a courtesy letter
was sent by the property owners to the tenants of the Lively Center.
RECOMMENDATION
It is recommended that the City Counc i 1 approve MCUP 94-05 subject to the
conditions contained in the attached proposed resolution.
JLB:JDF:RWQ:MVD:kls
Attachments:
A. Proposed Resolution
B. Existing Site Plan
C. Building Photos
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3 of 8 JUL 1 9 1994 ITEM 6.
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 94-05
ASSESSOR'S PARCEL NUMBER 317-101-42
WHEREAS, Minor Conditional Use Permit 94-05, submitted by Cappucci no
Cottage, Charlie Church, applicant, requests approval to establish a specialty
coffee kiosk within an existing shopping center located at 13232 Poway Road,
within the Lively Center in the Commercial General zone; and
WHEREAS, on July 19, 1994, 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 does hereby resolve as follows:
Section 1: Environmental FindinGs:
The City Counci 1 finds that the project is categori ca 11 y exempt from
environmental revi ew as it can be grouped in Class 3 whi ch includes
construction of sma 11 new commerci al structures on sites zoned for
commercial use.
Section 2: Findinqs:
l. The proposed project is consistent with the General Plan in that the plan
designates this site for commercial use and the project is a sma 11
commercial building.
2. The proposed location, size, design, and operating characteristics of the
proposed use are in accord with the title and purpose of this resolution,
the purpose of the land use designation in which the site is located and
the Poway General Plan in that the project meets all applicable
development standards for the CG zone.
3. The proposed location, size, design, and operating characteristics of the
proposed use will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structures,
or natural resources because the proposed structure contains only 80
square feet and wi 11 not interfere wi th exi st i ng traffic circulation
patterns.
4. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses due to the small scale of the proposed structure.
5. That there are available public facilities, services, and util ities
because the use will be located in an existing shopping center.
6. That there wi 11 not be a harmful effect upon desirable neighborhood
characteristics in that the structure will match the surrounding buildings
in design and materials.
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Resolution No. P-
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7. That the generation of traffic will not adversely impact the surrounding
streets and/or the City's Circulation Element in that the use will operate
within a commercial center where existing street improvements and off-
street parking are adequate.
8. That the site is suitable for the type and intensity of designated use
which is proposed in that it is in an area designed for general commercial
uses.
9. That there wi 11 not be significant harmful effects upon envi ronmenta 1
quality and natural resources in that the use will be contained within a
small building on a fully developed site.
10. That there are not other relevant negative impacts of the proposed use
that cannot be mitigated.
Section 3: Citv Council Decision:
The City Counc i 1 hereby approves Minor Conditional Use Permit 94-05
subject to the following conditions:
l. 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.
2. 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 commercial uses.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES:
The Planning Services Department shall conduct an annual review of Minor
Conditional Use Permit 94-05 for compliance with the condit ions of
approval. If the department has received complaints, or the use is not in
compliance, the revi ew wi 11 be forwarded to the Counc i 1, who may add
conditions to the permit or amend existing conditions of approval.
SITE DEVELOPMENT'
l. Approval of this request shall not waive compliance with all sections of
the Zoning Development Code and all other applicable City Ordinances in
effect at the time of building permit issuance.
2. Obtain building permit for kiosk, including installation of a small ramp
to fulfill disabled access requirements.
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Reso 1 ut i on No. P-
Page 3
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
Prior to issuance of building occupancy the applicants shall pay a traffic
mitigation fee of $180.00.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 19th day of July, 1994.
Robert C. Emery
Deputy Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Mar jori e K. Wahl sten, City Cl erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. ____
, was duly adopted by the City Council at a meeting of said City Council
held on the day of . 1994, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
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