Res P-03-80
RESOLUTION NO. P-O3-80
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY. CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-11
ASSESSOR'S PARCEL NUMBER 317-223-19
WHEREAS, Conditional Use Permit (CUP) 03-11 was submitted by One Governor
Park LP, Applicant, to establish an indoor party center within an 11 ,226-square-foot tenant
space in an existing industrial building located at 12760 Danielson Court within the Napoli
Business Park in the South Poway Planned Community zone, and;
WHEREAS, on December 16, 2003, 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 ofthe City of powayas
follows:
Section 1: The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines, in that the use will occupy an existing industrial building
and will not increase the intensity of use in the surrounding industrial area.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 03-11 to establish an indoor party center within an 11,226-square-foot
tenant space in an existing industrial building located at 12760 Danielson Court within the
Napoli Business Park in the South Poway Planned Community zone, are made as follows:
A The proposed location, size, design, and operating characteristics of the party
center are in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General Plan and
the South Poway Specific Plan, and the development policies and standards of the
City in that the site is designated for Light Industrial use and an indoor party
center/recreational use is allowed with the approval of a Conditional Use Permit; and
the center will be locating within an existing industrial building where there are
adequate parking facilities to serve the existing industrial uses and the party center.
B. The location, size, design, and operating characteristics of the party center will be
compatible with and will not adversely affect or be materially detrimental to adjacent
uses, buildings, or structures in that the use will be locating within an existing
industrial building and will not increase the intensity of use in the surrounding
industrial area.
C. The party center is in harmony with the scale, bulk, coverage, and density of, and is
consistent with, adjacent uses in that the use will be located within an existing
industrial building.
Resolution No. P-O3-80
Page 2
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the party center.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the party center will be located within an existing industrial
building and there are adequate parking facilities to serve the existing industrial uses
and the party center.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that the level of service of the streets in the area is at an acceptable level
and the party center will primarily operate during off-peak traffic hours for the
general industrial area.
G. The site is suitable for the type and intensity of use or development which is
proposed in that the party center will primarily operate during off-peak traffic hours
for the surrounding general industrial area.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the party center will be located within an existing industrial building
and will not impact natural habitat resources.
I There are no relevant negative impacts associated with the party center that cannot
be mitigated.
J. That the potential impacts, and the proposed location, size, design and operating
characteristics of the party center will not be materially injurious to properties or
improvements in the vicinity, nor be contrary to the adopted General Plan or the
South poway Specific Plan, in that the use will operate within an existing industrial
building and will not increase the intensity of use in the surrounding industrial area.
Section 3: The City Council hereby approves CUP 03-11 to establish an indoor party
center within an 11,226-square-foot tenant space within an existing industrial building
located at 12760 Danielson Court within the Napoli Business Park in the South Poway
Planned Community zone, as shown on the plans dated October 29, 2003, subject to the
following conditions:
A. Approval of this CUP request shall apply only to the subject project and 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 issuance.
Resolution No. P-O3-80
Page 3
B. 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 Regarding Real Property.
C. 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.
D. The conditions of CUP 03-11 shall remain in effect for the life of the subject party
center and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
E CUP 03-11 may 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 been raised during the prior year
F. The applicant shall obtain a Building Permit prior to installation of the facility. Prior
to issuance of a Building Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance.
2. The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated October 29, 2003) and the
conditions contained herein. 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 Marshal for review and approval. A final inspection
from the appropriate City Departments will be required.
3. The applicant shall comply with the following fire safety requirements to the
satisfaction of the Fire Marshal:
a. All exterior exit doors, with the exception of the electric room, must
swing outward in direction of travel. Two exterior exit doors from the
reception area that swing out in direction of travel.
b. Both reception exit doors shall have panic hardware; with the
exception that the center reception exit door may have a key operated
flag lock with a sign above the door stating "This door to remain open
during business hours".
Resolution No. P- 03-80
Page 4
c. North area exterior doors leading from public assembly areas shall
have panic hardware.
d. All exterior doors with panic hardware must have illuminated exit signs
above the door.
e. The center demising wall between activity area #1 and activity area #2
shall have double leaf doors with each leaf swinging in opposite
directions.
f. The existing connection party room and reception area shall be
relocated to the front or south exterior wall. Exit doors must have
panic hardware and swing outward in direction of travel.
4. The party center may consist of up to two (2) activity rooms and two (2) party
rooms, along with ancillary administrative and restroom areas. An increase
in the number of activity rooms or party rooms will require the approval of a
Modification to CUP 03-11.
5. A minimum of 39 on-site parking spaces shall be allocated for the exclusive
use of the Pump It Up party center. In addition, a provision that after 6:00
p.m. on weekdays and all day on weekends Pump It Up may utilize 13
additional on-site parking spaces as needed. A copy of the parking allocation
in the lease agreement for Pump It Up shall be provided to the Planning
Division for documentation. In the event that the Development Services
Department receives complaints and it becomes evident that the party center
requires parking in excess of the 39 spaces on weekdays and 52 spaces on
weekday evenings and weekends, the Conditional Use Permit shall be set for
a public hearing before the City Council, to consider modification to address
the parking issues.
G. Upon establishment of the party center, pursuant to CUP 03-11, the following shall
apply.
1. The hours of operation for the party center shall be as follows: Sunday
through Saturday 9:30 am. to 10:00 p.m. The party center use is limited to
operation on a reservation only basis. Activity/party rooms shall be
scheduled to allow 30-minute intervals of downtime. or non-use, between
reservations to provide adequate on-site parking supply and to minimize
traffic congestion between arriving and departing patrons.
Resolution No. P- 03-80
Page 5
2. Any signs proposed for the use shall be designed and approved in
conformance with the Sign Ordinance and the Comprehensive Sign Program
(CSP 00-03) for the Napoli Business Park
Section 4: The approval of CUP 03-11 shall expire on December 16, 2005, at 5:00 p.m.
unless, prior to that time, a Building Permit has been issued and construction on the
property in reliance on the CUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of December 2003.
ATTEST: ~
~¡ ~ ~iL>
Lor Anne Peoples, City lerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-03-80 , was duly adopted by the
City Council at a meeting of said City Council held on the 16th day of December 2003, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
~¡~~
Lon Anne Peoples, ity lerk
City of poway