Res P-18-03RESOLUTION NO. P-18-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL
USE PERMIT 17-006 ASSESSOR'S PARCEL NUMBER
(APN): 317-225-04
WHEREAS, an application has been submitted requesting approval of Minor Conditional
Use Permit (MCUP) 17-006 to establish an indoor recreation use within an approximate 2,800
square foot portion of an existing multi-tenant building located at 12544 Kirkham Court in the Light
Industrial (LI) zone of the South Poway Business Park; and
WHEREAS, on February 20, 2018, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
Section 1: The City Council finds that the proposed project is Categorically Exempt from the
California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption, pursuant to
Section 15303 of the CEQA Guidelines, in that the project involves minor interior alterations and
conversion of use in a portion of an existing building.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code
(PMC) for MCUP 17-006, 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 Permits Regulations), the
General Plan, and the development policies and standards of the City in that indoor
recreational uses are allowed in the LI area with a MCUP and the project will comply with
development regulations.
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,
people, buildings, structures, or natural resources in that the site provides adequate parking
and project will comply with development regulations.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is
consistent with the surrounding development, in that the project will occupy the developed
building.
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 desirable neighborhood characteristics in that the site
provides adequate parking and the use will comply with development regulations.
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 this use will
not generate significantly more traffic than that associated with other uses on the site.
Resolution No. P-18-03
Page 2
G. The site is suitable for the type and intensity of use and development, in that the project site
is already developed with a building.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is currently fully developed and contains no natural habitat.
I. There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. That the impacts, as described in subsections A through I of this Section, and the proposed
location, size, design, and operating characteristics of the proposed use and the conditions
under which it would be operated or maintained, will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be
contrary to the adopted General Plan.
K. That the proposed conditional use will comply with each of the applicable provisions of this
title.
Section 3: The City Council hereby approves MCUP 17-006 to establish indoor recreation
use within the existing building located at 12544 Kirkham Court, as shown on approved plans and
the submitted project description on file at the City, subject to the following conditions:
A. Approval of this MCUP 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.
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 MCUP 17-006 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.
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F. MCUP 17-006 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. This parcel is located within the very high fire hazard area of the City and is new interior
construction; therefore, California Building Code Chapter 7A and Poway Municipal Code
15.24 will apply.
I. This project shall comply with all exiting requirements based on the Building Department’s
determination of Occupancy Classification.
J. The building’s fire sprinkler and automatic fire alarm systems shall meet Poway Municipal
Code 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.
K. 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.
L. 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.
M. 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.
Section 4 : 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California,
at a regular meeting this 20th day of February 2018.
___________________________________
John Mullin, Deputy Mayor
ATTEST:
________________________________
Nancy Neufeld, CMC, City Clerk
Resolution No. P-18-03
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STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty
of perjury that the foregoing Resolution No. P-18-03 was duly adopted by the City Council at a
meeting of said City Council held on the 20th day of February 2018, and that it was so adopted by
the following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN
NOES: NONE
ABSENT: VAUS
DISQUALIFIED: NONE
Nbncyfi4euteld, CMC, City Clerk
City of Poway