Loading...
Res P-00-38RESOLUTION NO. P- 00-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 00-01 ASSESSOR'S PARCEL NUMBER 317-223-05 WHEREAS, Conditional Use Permit 00-01, submitted by Dean Dadey, applicant, requests approval of a conditional use permit to establish an indoor batting cage operation within an existing 12,432 square foot industrial building located at 12576 Kirkham Court within the South Poway Planned Community zone. The land use designation of the property is Light Industrial; and WHEREAS, on May 2, 2000, the City Council held a duly advertised public hearing to obtain testimony both pro and con on the above described item. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Poway as follows: on 1: on th Conditional Use Permit 00-01 will not result in a significant adverse impact t and the Negative Declaration dated April 5, 2000, is approved. Section 2: The findings, in compliance with Section 17.48.070 of the Poway Municipal Code for Conditional Use Permit 00-01, are made as follows: The proposed project is consistent with the General Plan and the South Poway Specific Plan in that the site is designated for Light Industrial use and a batting cage facility is allowed with the approval of a conditional use permit. The location, size, design, and operating ch of the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, building ' that the use will locate on a property which has existing facilities that can :late the batting cage operation. In addition, th ';ted to oF y basis during regular weekday business hours to insure adequate onsite parking is available. The scale, bulk, coverage, and density l with adjacent uses in that the use will operate within an existing industrial building on a developed site. Th 31e public 1' :l utilities to serve the approved use in that the site is presently developed and served with adequate public utilities, facilities, and services. E= Resolution No. P- 00-38 Page 2 There will be no harmful effect upon desirable neighborhood ch the use will I property which has existing facilities that :late the batting cage operation. In addition, the use is restricted to operation on a reservation only basis during regular weekday business hours to insure that adequate onsite parking is available. The § ! traffic will not adversely impact the surrounding :l/or the City's Cimulation Element in that the batting cage use is being limited to operating on a reservation only basis during regular weekday business hours to insure an adequate parking supply in the area. Th 31e for the type and intensity of use and development proposed as the use will be operating within an existing industrial building on a completely developed site. There will be no significant harmful effects upon the quality and natural the site is developed and the use will be operating within an existing industrial building. I. Th :h impacts of the proposed use that cannot be mitigated. Section 3: The findings, in accordance with Section 66020 of the G Conditional Use Permit 00-01, are made as follows: : Code for The design and improvements of the use are consistent with all elements of the Poway General Plan as well as City ordinances because all necessary I be able to serve this project. No additional development impact f :luired at this time as the use will occupy an existing industrial building and will not require additional Section 4: The City Council hereby approves Conditional Use Permit 00-01 to establish a batting cage operation having seven (7) batting cages, one (1) pitching bull I: ~ bar area, a small retail shop, and reom facilities within a 12,432 square foot building located at 12576 Kirkham Court in the South Poway Planned Community zone 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. Resolution No. P- 0 0 - 3 8 Page 3 The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use of sUrrounding industrial and uses, Conditional Use Permit 00-01 may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to add that may h :t during the past year. The applicant shall obtain a City of Poway business license from the Customer Services Department prior to the onset of b :y. Prior 1 :a building permit, the applicant shall comply with the following: Tenant improvement plans incorporating all conditions of approval shall be submitted to the Building Division for review and approval. During this review process, the tenant improvement plans shall be routed to the Fire Marshall 1' :1 approval. The imp 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 ord' effect at the time of building permit issuance. Upon establishment of the use in reliance upon this conditional use permit, the following conditions shall apply: A ' ' ; thirty-one (31) parking stalls shall be allocated for the batting cage facility. A bicycle storage rack which can store a ' ' provided near the entry of the subject building. ~two bicycles shall be 3. The hours of operation for the batting cage facility shall be as follows: Monday - Friday: 11:00 a.m. - 9:00 p.m.* Saturdays: 9:00 a.m. - 9:00 p.m. Sundays: 10:00 a.m. - 9:00 p.m. * The batting cage use is limited to oF reservation only basis on weekdays during regular business hours (8:00 a.m. - 5:00 p.m.) to insure adequate parking supply in the general area of the facility. Resolution No. P-00 - 38 Page 4 G. If building I; :issued for this project, this approval shall I; II and void on May 2, 2002, at 5:00 p.m. Any signs proposed for this development shall be designed and approved in :h the Sign Ord :ler a separate sign permit. Section 5: Pursuant to G l Code Section 66020, the 90-day approval period in which the applicant may file a protest of the imposition of any fees, dedications, reservat' 3osed pursuant to this approval shall begin on May 2, 2000. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a reg ' 3 this 2nd day of May, 2000. Don Higginson, De~Ct~t'y Mayor ATTEST: STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P- 00 - 38 was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of May, 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, RIGGINSON NOES: NONE ABSTAIN: ABSENT: NONE REXFORD, CAFAGNA L~r ~nne Peoples, City Cle'~k City of Poway