Res P-16-05RESOLUTION NO. P -16 -05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 15 -010
ASSESSOR'S PARCEL NUMBER 317 - 280 -37
WHEREAS, MADesign and Drafting Services, on behalf of Apex Movement, has
submitted a request for approval of a Conditional Use Permit (CUP) to establish an
approximate 15,000- square -foot indoor recreation facility within an existing building
located at 13651 Danielson Street, in the Light Industrial (LI) Land Use Designation
area of the South Poway Specific Plan (SPSP).
WHEREAS, the SPSP requires the review and approval of a CUP for any indoor
recreational use to be acted upon by the City Council.
WHEREAS, on February 2, 2016, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt from the California
Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to
Section 15301 of the CEQA Guidelines, in that the project involves minor interior
alterations to an existing building, and establishment of a recreation facility which is
allowable with a CUP by the underlying land use designation for the site.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 15 -010 are as follows:
A. The location, size, design, and operating characteristics of the proposed use are
in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permit Regulations), the SPSP, the City General Plan, and the development
policies and standards of the City in that the subject use is allowed with a CUP.
The facility has been designed and will be conducted such that it will be
compatible with the surrounding development.
B. The location, size, design, and operating characteristics of the proposed use will
be compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, structures, or natural resources in that the site is zoned
for the use, the facility has been designed and will be operated in compliance
with City development standards.
Resolution No. P -16 -05
Page 2
C. The proposed use is in harmony with the scale, bulk, coverage and density of,
and is consistent with, adjacent uses in that adequate parking will be provided
on -site and on adjoining properties that are parties to a shared parking and
access agreement.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that adequate parking will be provided on -site and on adjoining
properties that are parties to a shared parking and access agreement.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed use provides adequate
vehicle circulation on -site.
G. There will not be significant harmful effects upon environmental quality and
natural resources in that the site is already developed and contains no natural
habitat resources.
Section 3: The City Council hereby approves CUP 15 -010 to establish an
approximate 15,000- square -foot recreation facility within an existing building located at
13651 Danielson Street, in the LI Land Use Designation area of the SPSP, subject to
the following conditions:
A. Approval of this CUP shall apply only to the subject project and shall not waive
compliance with all other Sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
B. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
Resolution No. P -16 -05
Page 3
C. Within 30 days of the date of this approval, the applicant shall submit in writing
that all conditions of approval have been read and understood, and a deed
covenant with these conditions of approval shall be recorded on the property.
D. 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
uses.
E. The terms and conditions of CUP 15 -010 shall be binding upon the permittee and
all persons, firms and corporations having an interest in the property subject to
these permits, and the heirs, executors, administrators, successors, and assigns
of each of them, including municipal corporations, public agencies and districts.
F. CUP 15 -010 shall be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have occurred during the past year.
G. Building Permits are required for all new tenant improvements associated with
the facility. All requirements deemed necessary by the Building Division and Fire
Department, based on the change of use /occupancy in this building, will be
determined in the building plan review process.
H. Operation of the facility shall be conducted in compliance with the applicant's
submitted project description which is on file with the City. Minor amendments to
the facilities operations may be reviewed and approved by the Director of
Development Services. Major amendments, as deemed by the Director of
Development Services, shall require City Council review and approval.
In the event that the parking demand for the use cannot be satisfied entirely on
the project site, the adjoining properties located at 13691, 13741, and 13771
Danielson Street (APNs 317 - 280 -77 and 78), which were master planned and
developed in conjunction with the project site, will provide access to parking
spaces that are in excess of City parking requirements on those adjoining
properties. This shall be a requirement for the life of the CUP.
J. All tenant improvements associated with the use shall be in accordance with the
California Fire Code and Sections 406.6.1 through 406.6.6 of the California
Building Code.
K. Signs are subject to a separate Planning Division permitting process, and may
additionally require subsequent Building Permits. The applicant shall submit a
separate Sign Permit application for any signs.
L. The applicant shall comply with the following to the satisfaction of the Director of
Safety Services:
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1. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
contact the Fire Prevention Office at (858) 668 -4470 to set up a meeting
prior to submitting building plans in order to review project requirements.
2. Roof covering shall be fire retardant as per Section 15.04.050 of the PMC,
and City of Poway Ordinance No. 64 and its amended Ordinance No. 526.
3. The building shall display their numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be six
inches on the front facade of the building. Building address shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff's Department ASTREA criteria.
4. The building's fire sprinkler and automatic fire alarm systems shall meet
PMC requirements. Relocation of six or more sprinkler heads shall
require a separate plan submittal and approval by the fire department. A
water analysis will not be required.
5. The applicant is encouraged to evaluate the underground components of
the fire sprinkler system. The City of Poway requires that anytime an
underground water .supply system for an existing fire protection system
fails, including maintenance, testing, and seismic failures, the fire
protection system shall be retrofitted with backflow protection devices.
6. A properly licensed contractor shall install an automatic fire alarm system
to approved standards. System shall be completely monitored by a U.L.
listed central station alarm company or proprietary remote station.
7. Rack storage in excess of 8 -feet in height requires a building department
permit for installation.
Section 4: The approval of CUP 15 -010 shall expire on February 2, 2018, at 5:00
p.m. unless, prior to that time, a Building Permit has been issued and /or establishment
of the use on the property in reliance on this CUP approval has commenced prior to its
expiration.
Section 5: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Resolution No. P -16 -05
Page 5
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 2nd day of February, 2016.
a
Steve Vaus, Mayor
I_11012n 1
Linda Hascup, CMC, Interi 'City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda Hascup, CMC, Interim City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -16 -05 was duly adopted by
the City Council at a meeting of said City Council held on the 2nd day of February 2016,
and that it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
i I c Pr
Linda Hascup, MC, Interim City Clerk
City of Poway