Res P-90-03RESOLUTION NO. P- 90-03
F T CIT CO I
F T ITY 0 PO' v, C LIF I
APPROV NG N R CON.ITI L U E P I 89-15
AS ESS ' PARC L N BER 17- - 2
Wher as, Minor Conditional Use Permit 89-15, submitted by Heavenly
applicant, requests approval to operate a 1,920 square foot arcade
in an ex sting building located at 13242 Poway Road, in the Commercial General
zone; an
Whereas, on January g, lggo, 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 of the City of Poway does hereby resolve
as follows:
Section l: E :
This project is categorically exempt under the provisions of CEQA (Class 1),
minor alteration of existing private structures.
Section 2: :
he proposed location, size, design, and operating characteristics of
he proposed use is in accord with the title and purpose of this reso-
ution, the pu pose of the zoning in which the site is located, the
oway General lan and the development policies and standards of the
ity, because he use is and will be located on a site which
is designated or use by the General Plan.
That the location, size, design, and operating char cteristics of the
proposed use will be compatible with and will not aversely affect or
be materially detrimental to adjacent uses, residen s, buildings,
structures, or natural , in that the use w ll be located
within an existing ' 1 center.
That the harmony in scale, bulk, coverage, and density is consistent
with adjacent uses, because the street exterior of the building will
not change.
That there are available public facilities,
because the use will be located in an existing
and utilities,
1 building.
That there will not be a harmful effect upon desirable neighborhood
charact in that the use will be located inside a building and
be adequately buffered from adjacent residential development.
That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element, in that the
arcade will operate out of a shopping center where existing street
improvements and off-street parking are adequate.
No. P-90-03
Page 2
e
That the site is suitable for the type and intensity of use or develop-
ment which is proposed, in that it is in a 1 location with an
existing parking lot.
Be
That there will not be significant harmful effects upon envi
quality and natural in that the use will be contained within
an existing building on a fully developed site.
ge
That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
10.
That he impacts, as described abo e, an the location of the proposed
use w ll not adversely affect the ity o Poway General Plan for future
as we 1 as present development in hat t e proposed use conforms with
the C ty's General Plan and a cond tion as been established for
Plann ng Services to conduct an annual review of MCUP 89-15 for
compl ance with the conditions of approval and address any issues that
may arise.
Section 3: sion:
The City Council hereby approves Minor Conditional Use Permit 89-15 subject
to the following conditions:
Within 30 days of approval, 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.
APPLICANT SHALL CONTACT THE DEPARTNENT OF PLANNING SERVICES REGARDING CONPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Hours of operation shall not begin before 9:00 a.m. and shall end by 10:00
p.m. September through May and 11:00 p.m. June through August.
2. The applicant shall obtain an Amusement Establishment License from the
Customer Services Department prior to of business activity.
e
The Planning Services Department shall conduct an annual of review of MCUP
89-15 for com liance with the conditions of approval. If the department has
received comp aints, or the use is not in compliance, the review will be
forwarded to he Council, who may add conditions to the permit or amend
existing cond tions of approval.
e
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 1 uses.
Resolution No. p-90-03
Page 3
Evidence of sale, use, or consumption or illegal drugs by employees or
patrons of the permitee on or about the Lively Center premises shall consti-
tute grounds for or of this use permit.
6. The rear door shall be an "Emergency Only" exit and shall be equipped with
an alarm whtch will be automatically activated when the door is opened.
7. Security lighting shall be provided in the area north of the building and
the area shall be regularly patrolled by a security guard.
SITE DEVELOPNENT
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.
Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
The applicant shall obtain a buildi g permit for the of tenant
imp The improvements sha 1 conform to all applicable requirements
of the latest adopted Uniform Build ng, Plumbing, and Mechanical Codes, the
National Electric Code, and the Sta e Handicap and Energy Regulations.
The site shall be developed in with the ap roved site and floor
plans on file in the Planning Services Department, an the conditions con-
tained herein. Three restrooms shall be provided as ollows: one equipped
for use by handicapped persons which may be used by ether gender; one for
use by females; and one for use by males.
PARKING & VEHICUIJkR ACCESS
A minimum of one bicy le parking stall per video game machine shall be pro-
ided. A bicycle rac shall be utilized for bicycle storage and shall be
ocated according to he approved site plan. The design and orientation of
he bicycle rack shal be subject to the approval of the Director of
lanning Services.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance and Comprehensive Sign Plan 78-14.
Resolution No. P- 90-03
Page 4
GEF
AND APPROVALS
If bulldtn
va1 hall
rece ved 9
Deve opmen
P
ermlts are not Issu d, the minor use permit appro-
x ire on January 9, I 91. Application for time extension must be
ays prior to expira ion in with the City's Zoning
ode. If Ordinance o. 311 is approved on January 9, 1990, its
s all supersede.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 9th day of January, lggo.
Don Hlgglm ~1
ATTEST:
jorie~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Mar orle K. Wahlsten, City Clerk of the City of oway, do hereby certify,
under the enalty of perjury, that the foregoing Resolu ion, No. P-90-03 , was
duly adopt d by the City Council at a meeting of said Cty Council held on the
9th .day o Januar, , 1990, and that it was so adop ed by the following
vote:
AYES: BRANNON, GOLDSMITH, KRUSE, HIGGINSON
NOES: EMERY
ABSTAIN: NONE
ABSENT: NONE
R/R-i-2.8-11
City of ~PoWay
sten, City ( rk