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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