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Res P-93-31RESOLUTION NO. P- 93-31 A F T' CIT' C U CI 0 T E IT¥ PO' ", LI 0 NI APPROvT G IN R CO 'ITI, L E E MI 93-03 -M N DEV PM IE 3- 6 PA L BE 31 - 10- 7 WHEREAS, Minor Conditional Use Permit 93-03 and Minor Development Review 93-26, submitted by Champion Lock & Safe, applicant, R&R Owner, request approval to a 182 square foot locksmith's kiosk within an existing shopping center located at the southeast corner of Pomerado and Twin Peaks Roads in the Commercial General zone; and WHEREAS, on June 15, 1993, 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: The City Council finds that the project is lly exempt from tal review as it can be grouped in Cl'ass 3 which includes construction of small new ' 1 structures on sites zoned for · 1 use. Section 2: Findi~ : Minor Conditional Use Permit 93-03 1. The proposed project is consistent with the General Plan in that the plan designates this site for ' 1 use and the project is a small 1 building. The proposed location, size, design, and operating characte istics of the roposed use are in accord with the title and purpose of th s resolution, he purpose of the land use designation in which the site s located and he Poway General Plan in that the project meets a 1 applicable evelopment standards for the CG zone. o The proposed location, size, design, and operating ch of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, st or natural because the proposed structure contains only 182 square feet and w'ill not interfere with existing traffic circulation patterns. 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, and utilities because the use will be located in an existing shopping center. 10. Minor 1. Resolution No. p-93-31 Page 2 That there will not be a harmful effect upon desirable neighborhood characteristics in that the structure will match the surrounding buildings in design and materials. T at the of traffic will not adversely impact the surrounding s reets a~d/or the City's Circulation Element in that the use will operate w thin a ' 1 center where existing street improvements and off- s feet parking are adequate. 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 ' 1 uses. That there will not be significant harmful effects upon 1 quality and natural in that the use will be contained within a small building on a fully developed site. That there are not other relevant negative impacts of the proposed use that cannot be mitigated. view 93-26 The proposed project will be consistent with the existing specific plan and General Plan in that it is a ' 1 building located on a site designated for General ' 1 use. The proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, because the proposed project is a small building designed to complement adjacent development. The proposed development is in compliance with existing Zoning Development Code standards. The proposed development encourages the orderly and h appearance of structures and property within the City through its design which is similar to adjacent structures. Decision: The City Council hereby approves Minor Conditional Use Permit 93-03 and Minor Development Review 93-26 subject to the following conditions: Within 30 days of approval: (1) the applicant shall submit in writing that all of approval have been read and understood; and (2) the property owner shall execute a 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 ' 1 uses. Resolution No. p-93-31 Page 3 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE OEPARTNENT OF PLANNING SERVICES: The Planning Services shall conduct an annual review of Minor Conditional Use Permit 93-03 for com liance with the conditions of approval. If the department has receive complaints, or the use is not in compliance, the review will be forwar ed to the Council, who may add conditions to the permit or amend exist ng of approval. The applicant shall obtain a business license from the Customer Services Department prior to of business activity. SITE DEVELOPMENT Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 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 ' 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. o Parking for persons with disabilities shall be provided as near as practical to the primary entrance to the kiosk. Since disabled parking is not currently available close to the kiosk, parking should be provi'ed immediately adjacent. The customer service window and walkway outside he window should also be accessible to persons with disabilities, he counter should be located at a height (interior and exterior) that w ll allow transactions to occur between two potentially disabled individuals (employee and customer). The walkway outside the customer service window shall be level. 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. APPROVEO BY THE OEPARTNENT OF ENGINEERING SERVICES. COMPLIANCE SHALL BE Prior to issuance of building permits the applicants shall pay a traffic mitigation fee of $180.18. GENERAL I APPROVALS The minor conditional use permit and minor development review shall lapse and shall become void on June 15, 1995 if the site has not been occupied in accordance with the conditional use. Resolution No. P- 93-31 Page 4 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 15th day of June, 1993. Don Higginson, ATTEST: STATE OF CALIFORNIA City Clerk COUNTY OF SAN DIEGO ) ) ss. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-93-31 , was duly adopted by the City Council at a meeting of said City Council held on the 15th day of June 1993, and that it was so adopted by the following vote: AYES: CAFAGNA, NOES: NONE ABSTAIN: NONE ABSENT: NONE CALLERY, EMERY, SNESKO, HIGGINSON jori ] Wahlsten, City Clerk City of~oway