Res P-94-38RESOLUTION NO. P- 94-38
A OF T CITY C IL
OF T C TY OF PO Y, CALI IA
APPROVING CONDITT- AL USE IT 94-05
PARCEL .BER 31 - 1-42
WHEREAS, Minor Conditional Use Permit 94-05, submitted by Cappuccino
Cottage, Charlie Church, applicant, requests approval to establish a specialty
coffee kiosk within an existing shopping center located at 13232 Poway Road,
within the Lively Center in the Commercial General zone; and
WHEREAS, on July 19, 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,
the City Council does hereby resolve as follows:
Section 1: E :
The City Council finds that the project is ly exempt from
1 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: Fi~
The proposed project is with the General Plan in that the plan
d this site for ' 1 use and the project is a small
1 building.
The proposed location, size, design, and operating ch of the
proposed use are in accord with the title and purpose of th s
the purpose of the land use designation in which the site s located and
the Poway General Plan in that the project meets a 1 applicable
development standards for the CG zone.
The proposed location, size, design, and ch of the
proposed use will be compatible with and will not adversely affect or be
materially d 1 to adjacent uses, residents, buildings, structures,
or natural because the proposed contains only 80
square feet and will not with existing traffic circulation
That the harmony in scale, bulk, coverage, and density is
adjacent uses due to the small scale of the proposed
with
That there are available public facilities, and utilities
because the use will be located in an existing shopping center.
o
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.
o
10.
Resolution No. p-94-38
Page 2
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 imp and off-
street parking are
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.
Section 3: Ci :
The City Council hereby approves Minor Conditional Use Permit 94-05
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
such a manner as
surrounding
lly granted by this permit shall not be conducted in
to interfere with the reasonable use and of
1 uses.
CORPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES:
The Planning Services shall conduct an annual review of Minor
Conditional Use Permit 94-05 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.
SITE DEVELOPMENT
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
2. Obtain building permit for kiosk, including installation of a small ramp
to fulfill disabled access requirements.
Resolution No. P-94-38
Page 3
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 ENGINEERING SERVICES.
COMPLIANCE SHALL BE
Prior to issuance of building
mitigation fee of $180.00.
the applicants shall pay a traffic
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this I9th day of July, 1994. ~~
Presidin~/~[icer
ATTEST:
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-g4-38
, was duly adopted by the City Council at a meeting of said City Council
held on the 19th day of 1994, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY, HIGGINSON