Res P-01-67RESOLUTION NO. P-01-67
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 01-14
ASSESSOR'S PARCEL NUMBER 320-220-04
WHEREAS, CUP 01-14 submitted by Glenn and Susan Wilson, GTC Academy,
applicants, request a Conditional Use Permit to operate a gymnastics school within an
existing building located at 13007 Kirkham Way within Light Industrial zone of the South
Poway Planned Community, and
WHEREAS, on December 11,2001, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application,
and
NOW, THEREF RE, the City Council does hereby
follows:
Section 1: The City
CEQA, Section 15301
wholly within an exist'-
Plan.
ouncil finds that Conditional Use Permit 01-14 is exempt from
lass 1, Existing Facility, as the proposed use will be conducted
facility and the use is permitted within the South Poway Specific
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for the GTC Academy, CUP 01-14, to operate a gymnastics school within an existing
building located at 13007 Kirkham Road, are made as follows:
That the project ' : with the South Poway Specific Plan and the Poway
General Plan in that new recreational facilities are permitted within the Light
Industrial land use designation of the South Poway Planned Community zone with
the approval of a Conditional Use Permit.
That the location, size and design and operating characteristics of the use will be
compatible with and will not adversely affect or be materially detrimental to adjacent
uses, residents, buildings, st :ural that the use will locate
within an existing industrial building and the majority of the peak use of the facility
will be offset from the regular peak hours of the South Poway Business Park.
That the scale, bulk, coverage, and density' l with adjacent uses, in that
the use will be located with' ' .:l building and the use of the facility occurs
during scheduled :t events.
That th 31e public facili1' :1 utilities to serve the facility in
that the site is developed and is served by existing public facilities and utilities.
Resolution No. P-0].-67
Page 2
That the § y impact the surrounding :J/or
the City's Circulation Element in that the trail generated by th
be readily handled by the existing roadways without impacting the existing level of
:1 that the hours of operation are offset from the peak period of use for the
and industrial uses of the South Poway Specific Plan.
That the site is suitable for the type and intensity of use and development proposed
in that the proposed use would be located within a specific area of the existing
building and all of th :lated within the structure.
That there are no other relevant impacts of the proposed use that cannot be
mitigated.
That the impacts, as described above, and the location of the proposed gymnastics
facility will not adversely affect the City of Poway General Plan for ful I as
present development, in that the South Poway Specific Plan all use
at this location with the approval of a Conditional Use Permit.
Section 3: The City Council hereby approves CUP 01-14 for the operation of a
gymnastics facility occupying 13,300 square feet of an industrial building at 13007 Kirkham
Way in the Light Industrial zone of the South Poway Planned Community, subject to the
following conditions:
Approval of this CUP request shall apply only to the subject project and shall not
~liance with all ;the Zoning Ordinance and all other applicable
City Ordinances in effect at the time of Building Permit issuance.
Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and (2) the property
owners shall execute a Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
industrial uses.
The conditions of CUP 01-14 shall ' ' :t'ect for the life of the subject project
and shall run with the land and be binding upon ful heirs,
and ~ : I the current property owner.
CUP 01-14 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 have been raised during the prior year.
The applicant shall obtain a Building Permit prior to installation of interior tenant
imp Prior to ' "a Building Permit, the applicant shall comply
with the following:
Resolution No. P-0].-67
Page 3
The comply with the 3ted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance.
Pursuant to Section 17.30.020.D of the Poway Municipal Code, the applicant
shall submit building plans that reflect the proposed interior tenant
improvements for conformance with the applicable South Poway Specific
Plan standards.
3. The applicant shall meet all building and fire code req ~ for A2.1
occupancy to the sal " ~ the Fire Marshal.
The applicant shall obt permit from the Fire Marshal to operate
assembly occupancy with an occupant load over 99 persons.
The following development fees shall be paid to the Engineering Services
Division:
Sewer: 6.10 EDU's were previously assigned to the parcel:
GTC Academy: ( ~ 60 students = 2.8 EDU's
250 gal/EDU
Advanced EDM
6,000 sf/EDU
=3.64 EDU's
Total Sewer Fee = (6.52 - 6.10) x $2,356 =$ 989.52
Tra'
1.5 trip/student x 60 students x $66 per trip x 0.25 -- $1,485.00
Credit wareh
(6 trips/I,000 sf 13,4000 sf $66/trip x 0.25) = ($1,330.56)
Total Traffic Mitigation Fee = $1,485.00 - $1,330.56 =$ 154.44
Prior to obtaining a final inspection on the Building Permits, the applicant shall
comply with the following:
1. The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City departments will be required.
H. Upon
1.
Section 4:
p.m. unless,
facility in
Resolution No. P-01-67
Page 4
The applicant shall enter into a written shared parking
arrangements with the property owner I :lequate off-street parking
for special events held at the facility. The form and content of the agreement
shall be to the salr f the Director of Development Services.
Any and all signs shall be designed and approved in lh the
City's sign ordinance. All proposed signage shall be submitted to the
Planning Division 1' :t approval prior to installation.
occupancy, the following conditions shall apply:
Adequate parking shall be provided onsite during hours of operation. Should
the Director of Development Services determine additional parking is
needed, the applicant/property owner shall construct additional parking
sp :11 ~ared parking agreement with an adjacent
property owner to meet the parking demand to the sal :the Director
of Development Services. Prior to Building Permit issuance, the
owner/applicant shall submit a written agreement to this condition.
The approval of MCUP 01-14 shall expire on December 11, 2003, at 5:00
prior to that time, the use has been established and occupancy within the
the CUP approval h :t prior to its expiration.
ATTEST:
Resolution No. p-01-67
Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 11th day of December 2001.
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 01-67 , was duly adopted by
the City Council at a meeting of said City Council held on the 11th day of December 2001,
and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
Sherrie D. Worrell, Deputy City Clerk
City of Poway