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Res P-97-40RESOLUTION NO, P- 97-40 A OF THE CITY OF THE CITY OF POWAY, CALIFORNIA APPROVING A REQUEST TO EXTEND THE APPROVAL OF A MODIFICATION TO MINOR CONDITIONAL USE PERMIT 94-02 ASSESSOR'S PARCEL NUMBER 317-153-24 WHEREAS, a request to modify Minor Conditional Use Permit 94-02, submitted by Dan Caruso, applicant, seeks approval to be able I to serve beer at Stix Family Billiards and extend the hours of operation to 2:00 a.m. on Fridays and Saturdays and 10:00 a.m. to 12 midnight on Sundays. The subject properly is located at 12222 Poway Road, #19 and #20 within the Community B and NOW, THEREFORE, the City Council does hereby follows: The City Council finds that this action is not subject to the California E Quality Act (CEQA). That the location, size, design, and operating ch ! Stix Family Billiard ' ' ~ance with the title and purpose of this title, the purpose of the zone in which the site is located, the City General Plan, and the development policies and standards of the City in that billards halls as recreational facilities are allowed in zones of the City with the approval of a :litional use permit. That the location, size, design and operating characteristics of Stix Family Billiards will be compatible and will not have an adverse affect or be materially detrimental to adjacent uses, residents, buildings, or structures, in that Stix has developed operational procedures to add ,7 issues and insure that the use will operate in a manner that is compatible with surrounding uses. That Stix Family Billiards should not have a harmful effect upon desirable neighborhood ch ' ' that Stix has operated at the subject location without problems for the past six months. Operational procedures have been developed to add :y issues and the management of on-site alcohol sales. That the I J operating ch ! Stix Family Billiards will not be detrimental to the public health, safety or welfare, ly injurious to properties or imp the vicinity. o o Resolution No. P-97-40 Page 2 and natural ' that the use is operating within an existing building on a fully developed site. That the ~ rflc will ! iml: .;I streets and/or the City's Cimulation Element, in that the use will operate within a center wh ' 3 street imp :1 off-street parking are adequate. That th :1: l negative impacts of the use that cannot be mitigated, in that th 3ject t review and the operation will be monitored regularly to insure that any negative impacts are addressed. The City Council hereby approves Minor Conditional Use Permit 94-02M 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 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 '~1 uses. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. The applicant shall operate in compliance with all of the conditions of approval listed in Resolution No. P-94-27 for Minor Conditional Use Permit 94-02. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 12th day of August, 1997. ATTEST: Don Higginson, Mayor Marjorie K~ Wahlsten, City Clerk Resolution No. P-97-40 Page 3 STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) 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-97-40 . was duly adopted by the City Council at a meeting of said City Council held on the 12th day of August 1997, and that it was so adopted by the following vote: AYES: CAFAGNA, ENERY, REXFORD, NOES: NONE ABSTAIN: GOLDBY ABSENT: NONE HIGGINSON Marjorie I~. Wahlsten, City Clerk City of PoWay