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Res P-00-22RESOLUTION NO. P- 00-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MCUP 00-002 ASSESSOR'S PARCEL NUMBER 317-220-33 WHEREAS, MCUP 00-002 submitted by William and Stephanie Washam, applicant, requests a Minor Conditional Use Permit to I ~proximately 200 square foot drive- through/walk-up coffee kiosk within the South Poway Planned Community (South Poway C land use designation) at 12755 Danielson Court; and WHEREAS, on March 21, 2000, 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 follows: Section 1: The City Council finds that Minor Conditional Use Permit 00-002 is Categorically Exempt from the provisions of the California E Quality Act, pursuant to Section 15303(c), Class 3, as it is a small new facility not involving hazardous substances located on a site zoned for such a use. Section 2: The findings in accordance with Section 17.48.070 of the Poway Municipal Code for MCUP 00-002 to locate an approximately 200 square foot drive- through/walk-up coffee kiosk in the South Poway Planned Community (South Poway C land use designation) are made as follows: The design of the proposed project follows its function. It will provid to local workers in the vicinity of their job sites and it will comply with all of the relevant codes and standards of the City of Poway. Therefore, the location, size, design and operating characteristics of the proposed use is in accordance with the title and purpose of Section 17.48.070, the purpose of the South Poway Specific Plan, the Planned Community zone, the City General Plan, and the development policies and standards of the City. The location and design of the proposed kiosk will not create a negative visual impact :ling properties. The proposed lin size, the building I match the adjacent garden center, and the hours of operation will be generally offset with the garden center. Therefore, the 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, :ural The proposed use is small in size and intensity and therefore its scale, bulk, coverage and density I with adjacent uses. Resolution No. P- 0 0- 2 2 Page 2 Th ~cient public facilities, ~1 utilities available since the limited nature of the use (the kiosk will be self-contained in terms of water and utilities) will not significantly affect said public facilities, :1 utilities. There will be no harmful effects upon desirable neighborhood characteristics since the coffee kiosk will be compatible in design with the existing onsite building. The expected traffic volumes will be well within the capacity of said surrounding streets and the area in which the kiosk is located provides for adequate onsite 3icle stacking. Therefore, the generation of traffic will not adversely impact the capacity and physical character of surrounding streets and/or the cimular l of the general plan. The location provides for suitabl iion and the peak hours of operation do not adversely affect parking for the business sharing the property. Therefore, the 31e for the type and intensity of use or development which is proposed. There will be no significant harmful effects Ul: due to the limited nature of the land use. quality and natural There are no otb I negative impacts of the proposed use that cannot be mitigated, due to the nature of the use. The impacts, as described in subsections (A) through (I) of Section 17.48.070, and the location, size, design and operating ch :the proposed use and the conditions under which it would be operated -I will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan. The proposed conditional use will comply with each of the applicable p Section 17.48.070 of the Poway Zoning Code. Section 3: The City Council hereby approves MCUP 00-002 to allow an approximately 200 square foot drive-through/walk-up coffee kiosk at an existing facility at 12755 Danielson Court in the South Poway Planned Community, with a land use designation of Poway C subject to the following conditions: Approval of this MCUP request shall apply only to the subject project and shall not waive compliance with all : the South Poway Specific Plan, the Zoning Ord' :1 all other applicable City ordinances in effect at the time of building permit issuance. Resolution No. P- 00-22 Page 3 No freestanding sign is approved herein. All signage shall comply with the Poway Zoning Code and the South Poway Specific Plan. A separate sign permit is required. Within 30 days of the date of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. N :lng is allowed. Prior ~ ! a building permit the applicant shall comply with the following: 1. The building elevations shall depict the colors and materials of the kiosk which shall b : with the submitted file exhibits (i.e. grey standing roof and roll up door; stucco and masonry ~ing the nursery building) to th : the Director of Development Services. 2. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. Compliance with the following conditions is required prior to occupancy: 1. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. Upon occupancy, and for the duration of the existence of the coffee kiosk, compliance with the following conditions is required: 1. All sales, food preparation, and product display shall be confined to within the kiosk structure. 2. N 3. ~ing areas shall be provided. If, at any time after the establishment of the use, the City d that undue traffic conflicts have been created due to vehicles blocking the easterly drive aisle, the City may require the submittal and implementation of an onsite traffic circulation plan to the satisfaction of the City Traffic Engineer. Resolution No. P-00-22 Page 4 Section 4: The approval of MCUP 00-002 shall expire on March 21, 2002 at 5:00 p.m. unless prior to that time a Building Permit has been issued and construction on the property in the MCUP approval h J prior to its expiration. PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a regular meeting this 21st day of March, 2000. ATTEST: Michael P. Cafagnai Anne Peoples, C~ty ~;lerk 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- 00 - 22 was duly adopted by the City Council at a meeting of said City Council held on the 21st day of March 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE City of Poway