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Res P-94-27RESOLUTION NO. P-94-27 A OF T CITY C L OF T C TY OF PO Y, CALI A 0 CONDITT AL USE T 94-02 ASSESS' ' PARCEL BER 31 - J-24 WHEREAS, Minor Conditional Use Permit 94-02, submitted by Stix Family Billiards/Frank Harrison, applicant, requests approval to establish a 1 family billiards center in an existing ' 1 suite at 12222 Poway Road, in the ' 1 General zone and; WHEREAS, on June 21, 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: : The City Council finds that the project is lly exempt under the p of CEQA (Class 1), minor alteration of existing private structure. Sec : 1. The proposed project is with the Poway General Plan. e proposed location, size, design and ch of e proposed use are in with the title and purpose of is resolution, the purpose of the land use in which e site is located and the Poway General Plan. That the location, size, design, and operating ch of the proposed use will be compatible with and will not adversely affect or be materially d 1 to adjacent uses, residents, buildings, st or natural , in that the use will be located within an existing ' 1 building. That the harmony in scale, bulk, coverage, and density is with adjacent uses, because the use will be located within existing building. an That there are available public facilities, services and utilities, because the use will be located in an existing 1 building. o That there will not be a harmful effect upon desirable neighborhood ch tics, in that the use will be located inside of a building. That the g of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element, in that the use will operate within a 1 center where existing street improvements and off-street parking are adequate. lO. Resolution No. P-94-27 Page 2 That the site is suitable for the type and intensity of designated use which is proposed, in that it is in an area for general · 1 uses and the intensity of the business activity is directly related to only ten billiards tables being · for use. That there will not be significant harmful effects upon 1 quality and natural in that the use will be contained within an existing building on a fully developed site. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. Section 3: Cit Council The City Council hereby approves Minor Conditional Use Permit 94-02 subject to the following conditions: 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. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and of surrounding residential and 1 uses. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. COMPLIANCE SHALL BE The Planning Services shall conduct an annual review of Minor Conditional Use Permit 94-02 for com liance with the conditions of approval. If the d 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 conditions of approval. The applicant shall obtain an Amusement Establishment License from the Customer Services Department prior to of business 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. ° Prior to the onset of business ' ' all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning 3. The applicant shall obtain a building permit for the installation of tenant improvements and for occupancy change from B-2 to A-3 occupancy. Resolution No. P-94-27 Page 3 Disabled access must be provided throughout the facility for both employees and o Approval of this request 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 The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit ' o This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval or if business activity has not commenced within two years of the approval of this project. 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. APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. CONPLIANCE SHALL BE A tenant plan shall be submitted for review for upgrade of building and fire code issues related to the change of from B-2 to A-3. APPROVED and ADOPTED by the City Council California, this 21st day of June 1994. ATTEST: of the City of Poway, State of STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) Resolution No. P-94-27 Page 4 I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the No. P-94-27 , was duly adopted by the City Council at a meeti6g o~ said City Council le 21st day of June , 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: SNESKO City of ~oway