Res P-07-21
RESOLUTION NO. P-07-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT (MCUP) 07-01
ASSESSOR'S PARCEL NUMBER 317-130-68
AND RESCINDING RESOLUTIONS NO. P-97-40 AND P-94-27
WHEREAS, Minor Conditional Use Permit (MCUP) 07-01 was submitted by Jeffrey S.
Dolphin, Applicant; a request to allow Stix Family Billiards to relocate to an existing 3,336-
square-foot tenant space within a multi-tenant commercial center. The subject property is
located on the south side of Poway Road, in the Carriage Center, within the Commercial
Business (CB) zone, and is addressed as 12845 Poway Road #204; and
WHEREAS, on May 8, 2007, 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, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The project is Categorically Exempt as a Class 1 Categorical Exemption from
the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves negligible or no expansion of an existing use in a
developed commercial center.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC), for MCUP 07-01 to allow Stix Family Billiards on property located at 12845
Poway Road #204, in the Commercial Business (CB) zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
family billiards are in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City's General Plan, the
Poway Road Specific Plan, the Commercial General zone, and the development
policies and standards of the City in that family billiards are allowed with a Minor
Conditional Use Permit. The project will not significantly impact traffic circulation or
parking because the proposed use will take place inside an existing commercial
space.
B. The location, size, design, and operating characteristics of the proposed family
billiards will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structures, or natural resources
in that the facility has been designed and sited such that it will not result in visual
impacts to the surrounding community and it will comply with the City of Poway
Municipal Code, and all other applicable State and County codes.
C. The proposed family billiards is in harmony with the scale, bulk, coverage, and density
of, and is consistent with, adjacent uses in that the proposed use will be inside of an
existing commercial building.
Resolution No. P-07-21
Page 2
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed family billiards in an existing commercial building.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed family billiards has been designed and sited such
that it will not result in an impact to the surrounding community. The family billiards
will take place inside of an existing commercial building, which is surrounded by other
commercial buildings.
F. The generation of traffic will not adversely impact the capacity and physical character
of the surrounding streets and/or the Circulation Element of the General Plan in that
the proposed family billiards will be an additional service provided for the patrons of
the center and nearby restaurants. The family billiards will not cause any traffic
issues because the streets and site are developed to handle this traffic.
G. The site is suitable for the type and intensity of use or development, which is
proposed, in that the proposed family billiards use will enhance citizen interaction
opportunities in the City. This will help the center move towards the City of Poway's
goal of the Poway Road Specific Plan to promote land uses that provide citizen
interaction.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed family billiards is located on a developed property and
does not involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the proposed use that cannot
be mitigated in that the use will comply with PMC noise standards.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed family billiards will not be materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan, in that the facility has been designed and sited such that it will not result in
impacts.
K. The proposed family billiards will comply with all the applicable provisions of Chapter
17.48 PMC in that the facility has been designed and sited such that it will not result in
visual impacts.
Section 3: The City Council hereby approves MCUP 07-01 to allow family billiards inside
Stix Family Billiards, located at 12845 Poway Road #204, as shown on the plans dated
March 1,2007, subject to the following conditions:
A. Approval of this MCUP request shall apply only to the subject project and 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 issuance.
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B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2) the property
owners shall execute a Covenant Regarding Real Property.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
D. The conditions of MCUP 07-01 shall remain in effect for the life of the subject
business, and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
E. MCUP 07-01 is subject to annual review to ensure compliance with the Conditions of
Approval and to address concerns that may have been raised during the prior year. If
it is determined that there have been complaints or issues raised with the use, or the
use is not in compliance, the review will be forwarded to the City Council. The City
Council may add conditions to the permit, amend the permit or revoke the Conditional
Use Permit.
F. If a Building Permit is required and/or prior to commencing the family billiards, the
applicant shall comply with the following:
1. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in effect
at the time of Electrical/Building Permit issuance.
2. The site shall be developed in accordance with the approved plan on file in the
Development Services Department (dated March 1,2007) and the conditions
contained herein and conducted pursuant to the project description on file
with the City. A final inspection from the Planning Division and Safety Services
Department will be required.
3. The hours of operation for the family billiards are to be seven days a week
from 1 :00 pm to 2:00 am, except for Special Occasions/Events that may be
approved by the Director of Development Services. Requests for such Special
Events must be submitted to the Development Services Department 10
working days prior to the event.
4. The applicant shall comply with the following requirements to the satisfaction
of the Director of Safety Services:
a. Do not exceed the legal occupant load of the tenant space. Post
maximum occupant load sign(s), indicating total capacity of both the
bar and patio areas.
b. Do not block any exits.
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5. The applicant shall construct a new solid decorative block trash enclosure, with
a solid metal gate, for the nearest dumpster location.
G. Upon establishment of the use to allow family billiards inside of Stix Family Billiards,
pursuant to MCUP 07-01, the following shall apply:
1. All exterior doors of Stix Family Billiards tenant space shall be kept closed
while the business is in operation, except as needed for employee access and
access to the trash facility. A sign shall be placed on the inside of the door
stating this "Exit is for Employees Only".
2. The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
3. The applicant shall comply with Chapter 8.08 PMC with regard to noise.
4. Any signs proposed for the use shall be designed and approved in
conformance with the Sign Ordinance and the Comprehensive Sign Program
for the Carriage Center.
H. The applicants shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. The building shall display their numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches on
the front fa"ade of the building.
2. A properly licensed contractor shall install an automatic fire alarm system to
approved standards. System shall be completely monitored by a U.L. listed
central station alarm company or proprietary remote station.
3. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A breakaway padlock shall be required
for the fire sprinkler system Post Indicator Valve.
4. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
5. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and
75' travel distance.
Section 4: Resolutions No. P-97-40 and P-94-27 for MCUP 94-02 are hereby rescinded.
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Page 5
Section 5: The approval of MCUP 07-01 shall expire on May 8,2009, at 5:00 p.m., unless,
prior to that time, the conditions above have been completed in reliance on the MCUP
approval and the use has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council ofthe City of Poway, State
of California, this 8th day of May 2007.
ATTEST:
~~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. P-07-21, was duly adopted by the City Council at a meeting of
said City Council held on the 8th day of May, 2007, and that it was so adopted by the
following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway