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Res P-95-60RESOLUTION NO. p- 95- 60 A RE L TION OF CI Y C U I1 OF T TTY OF P v APPROVING CONDIT L 'SE E IT 95-06 ASSESS'' PARCEL ~BE 31 - -42 WHEREAS, Minor Conditional Use Permit Arts Company, Applicant, requests approval Center located at 13250 Poway Road within 95-06, submitted by Poway Performing to operate a playhouse in the Lively the Commercial General zone; and WHEREAS, on November 7, 1995, the City Council held a hearing on the above referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: The City Council finds that this project is not subject to the California E tal Quality Act. The project is consistent with the general plan in that a playhouse is considered to be a c~atible use in the Commercial General zone. That location, size, design, and operating characteristics of the use are in accordance with the title and purpose of this resolution, the purpose of the land use designation in which the site is located and the Poway General Plan. That the location, size, design, and operating characteristics of the roposed use will be compatible with and will not adversely affe t or be materially d 1 to adjacent uses, residents, bull ings, structures, or natural in that the use will be loca ed within an existing ' 1 building. That harmony in scale, bulk, with adjacent uses, because existing building. coverage, and density is consistent the use will be located within an That there are available public facilities, services and utilities, because the use will be located in an existing ' 1 building. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the use will be located inside of a building. That the generation 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. That the site is suitable for the type and intensity of designated use, in that it is in an area designated for general 1 uses and the operating hours of the use are offset from the peak business hours of the majority of other uses within the center. go Resolution No. P-95-60 Page 2 That there will not be significant harmful effects upon tal quality and natural in that the use will be contained with an existing building on a fully developed site. 10. That there are no other relevant negative impacts of the use that cannot be mitigated. The City Council hereby approves Minor Conditional Use Permit 95-06 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 enjoyment of surrounding residential and commercial uses. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTNENT OF PLANNING SERVICES. COMPLIANCE SHALL BE The Planning Services Department s'all conduct an annual review of Minor Conditional Use Permit 95-06 for compl ance with the conditions of approval. If the department has received complain s, or the use is not in compliance, the review will be forwarded to the Counci , who may add conditions to the permit or amend existing conditions of approval. 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 activity, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 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 Disabled access must be provided throughout the facility for both employees and customers. 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. Resolution No. P-95-60 Page 3 SIGNS Any stgns proposed for this use shall be designed and approved in conformance with the Sign Ordinance. CONPLXANCE WZTH THE FOLLOWZNG CONDZTZONS XS REQUZRED. APPROVED BY THE DEPARTNENT OF SAFETY SERVICES. CONPLIANCE SHALL BE All exit doors, including the door(s) leading to the north exit and the landing on this exit, require panic hardware devices. In the event the gate at the bottom of the stairs remains, panic hardware shall also be installed. The subject tenant space shall be retrofitted to comply with Poway Fire Department standards in the areas of exiting signage, emergency lighting, the fire sprinkler system, and knox box installation. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 7th day of November lggs. ATTEST: STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) I, Harjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-95- 60 , was duly adopted by the City Council at a meeting of said City Council he 7th day of November , 1995, and that it was so adopted by the following vote: CALLERY, REXFORD, HIGGINSON AYES: NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA, EM~.Y~. ~ ~K~jFx.j_~_~ City O~oway E:\CITY\PLANNING\REPORT\MCUPgSO6.RES