Item 3.3 - CUP 18-017: A Proposal to Operate an Athletic Gym at 12115 Paine St.O`,�� OF POWgr
City of Poway
COUNCIL AGENDA REPORT
C��%!IN THE WV i
DATE: February 5, 2019
TO: Honorable Mayor and Members of the City Council
'/�
FROM: Robert Manis, Director of Development ServicespA
CONTACT: Austin Silva, Senior Planner 4 iiiiii
(858) 668-4658 / asilva@poway.org
APPROVED
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED ❑
REMOVED ❑
CONTINUED
RESOLUTION NO. P'l d 1-%3
SUBJECT: Conditional Use Permit 18-017: A Proposal to Operate an Athletic
Gym Providing Instruction in Gymnastics, Tumbling and Competition
Cheer at 12115 Paine Street
Summary:
Conditional Use Permit (CUP) 18-017 is a proposal to operate an athletic gym providing
instruction in gymnastics, tumbling and competition cheer in an existing 15,129 square -foot
building at 12115 Paine Street. The project complies with all City development standards.
Recommended Action:
It is recommended that the City Council approve CUP 18-017, subject to the conditions of
approval in the Resolution included as Attachment A.
Discussion:
SoCal TTC, Inc. (SoCal TTC) is the applicant for the CUP on the subject property located at 12115
Paine Street on the northeast corner of Paine Street and Kirkham Road. The subject property is
located within the South Poway Specific Plan (SPSP) and has a land use designation of Light
Industrial (LI). An existing 15,129 square -foot two-story industrial building is located on the
property and was previously occupied by the property owner Hitec RCD, Inc., a business that
imported and distributed mechanical parts. The proposed indoor recreational use can be allowed
in the LI land use designation area with approval of a CUP by the City Council. The site land use
and location map is included as Attachment B.
SoCal TTC provides instruction in gymnastics, tumbling, and competition cheer, and is currently
operating under a CUP that was approved for a similar use in 2001 in a 13,300 square foot space
at 13007 Kirkham Way. SoCal TTC proposes to relocate to 12115 Paine Street and occupy the
entire building at the proposed location which will include instructional areas with trampolines,
tumble tracks, a competition cheer floor and other tumbling instructional aides such as mats,
wedges and tumble rollers. There are no changes proposed to the interior of the building and the
existing offices and break room will be utilized as they previously were. The mezzanine will be
used as a viewing area for parents. Changes to the site include striping for an additional six
parking spaces on the north end of the parking lot that was previously used as a loading area
(Attachment C).
The hours of operation for SoCal TTC are 3:30 PM to 9:30 PM Monday through Friday, and 9:00
AM to 4:00 PM on Saturday and Sunday. The class sizes and number of open practice attendees
1 of 12 February 5, 2019, Item #3-,3
CUP 18-017
February 5, 2019
Page 2
vary depending on the time and range from four (4) to fifty (50) students. The proposed use of the
facility is further detailed in Attachment D, which was provided by the applicant. Typically, the
majority of the parents drop off the students and do not utilize parking stalls on-site allowing for
ample parking to be available. There will be five full-time employees (30 —40 hours a week) and
nine part-time employees (less than 10 hours a week).
Neither the SPSP nor the Poway Municipal Code (PMC) have parking requirements for a
recreational use such as an athletic gym. However, the PMC has a provision that allows the City
Council to approve a specific number of parking spaces for a use that is not specifically identified
in the PMC provided that it is demonstrated that the number of parking spaces will be sufficient.
Although, SoCal TTC does not expect to need more than 26 parking spaces, which is the amount
allocated to them at their current location on Kirkham Way, they are proposing to stripe an
additional six parking spaces on the north end of the parking lot that would increase the total
number of parking spaces onsite to 32. Most of the students at SoCal TTC are dropped off as
indicated in Attachment D. There have been no parking issues at their current location and staff
feels that 32 parking spaces will be adequate to serve the proposed athletic gym.
Environmental Review:
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 alterations to an existing building, and the operation of a
recreation facility which is allowed as a conditional use by the underlying LI land use designation.
Fiscal Impact:
None.
Public Notification:
A public notice was published in the Poway News Chieftain and mailed to property owners
and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Land Use and Location Map
C. Site Plan
D. SoCal TIC Class Schedule
Reviewed/Approved By: Reviewed By: Approved By: -
�c� YW.I�/���f/�l i
Wendy Kaserman Alan Fenstermacher Tina M. White
Assistant City Manager City Attorney City Manager
2 of 12 February 5, 2019, Item #3.3
RESOLUTION NO. P-19-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 18-017
APN: 317-271-46 & 317-271-67
WHEREAS, CUP 18-017 submitted by Stephen Rosko of SoCal TTC, Inc., applicant,
requests a Conditional Use Permit (CUP) to operate a gymnastics school within an existing
building located at 12115 Paine Street within the South Poway Specific Plan with a Light Industrial
(LI) land use designation;
WHEREAS, on February 5, 2019, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
revisions to the project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that Conditional Use Permit 18-017 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 alterations to an existing building, and the operation of a recreation facility which is
allowed as a conditional use by the underlying LI land use designation.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC) (Findings required for a conditional use permit), for CUP 18-017 are made 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 within a building of over 5,000 square feet are permitted as a conditional
use within the LI zone. The proposed project meets all City development standards.
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 proposed gymnastics school
will be located within an existing industrial building with all business operations occurring
inside the building. Additionally, a majority of the business operating hours are offset from
the typical operating hours of businesses in the South Poway Business Park. Sufficient
parking will be provided on-site to accommodate the use.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is
consistent with adjacent use in that the proposed gymnastics school will be operating
within an existing building with no proposed changes to the building and the only proposed
change to the site is the striping of additional parking spaces at the north end of the
existing parking lot.
3 of 12 ATTACHMENT A February 5, 2019, Item # 3.3
Resolution No. P-19-
Page 2
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 there
will be no visible changes to the developed site and existing industrial building.
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 a
majority of the operating hours for the proposed gymnastics school are offset from the
typical operating hours of businesses in the South Poway Business Park.
G. The site is suitable for the type and intensity of use or development that is proposed in
that 32 parking spaces can be accommodated, which will provide adequate parking for a
gymnastics school where most students are dropped off.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is fully developed and contains no natural habitat.
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
Title 17.
Section 3: The City.Council hereby approves CUP 18-017, as shown on the approved
plans on file with the City, subject to the following conditions:
A. 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.
B. 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.
4 of 12 February 5, 2019, Item # 3.3
Resolution No. P-19-
Page 3
C. Within 30 days of the date of this approval, and before the issuance of any permit: (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 Regarding Real
Property. In order for the City to prepare the Covenant, the applicant must first submit a
legal description of the subject site.
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 conditions of CUP 18-017 shall remain in effect for the life of the subject use and shall
run with the land and be binding upon future owners, successors, heirs, and transferees
of the current property owner.
F. CUP 18-017 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to address
unresolved operational concerns that may have been raised during the prior year.
G. The site shall be developed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein. A final inspection
from the appropriate City departments will be required.
(Engineering)
1. No person shall dispose of, nor permit the disposal, directly or indirectly of hazardous
materials, paint, wash water, or materials, which result from the construction activities,
into the storm drains.
H. Proposed signage shall be in accordance with the PMC Sign Ordinance (Chapter 17.40).
The necessary permits and approvals shall be obtained for any signage proposed prior to
installation.
The applicant shall comply with the following fire safety requirements, to the satisfaction
of the Fire Marshal:
1. This project shall comply with all exiting requirements based on the Building
Department's determination of Occupancy Classification(s).
2. 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 the Sheriff's Department
Aerial Support to Regional Enforcement Agencies (ASTREA) criteria.
3. The building's fire sprinkler system shall meet Poway Municipal Code requirements.
The entire system is to be monitored by a central monitoring company and backflow
valve assemblies with tamper switches shall be monitored. 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.
The applicant is encouraged to evaluate the underground components of the fire
5 of 12 February 5, 2019, Item #3.3
Resolution No. P-19-
Page 4
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.
4. The building's automatic fire alarm system shall meet Poway Municipal Code
requirements. System shall be completely monitored by a U.L. listed central station
alarm company or proprietary remote station.
5. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75' travel
distance.
J. Upon establishment of the proposed use, pursuant to CUP 18-017, the following shall
apply:
1. The parking areas, driveways and landscape areas shall be well maintained in a
healthy and thriving condition free from weeds, trash and debris. Any damage from
any cause shall be repaired as soon as reasonably possible to minimize occurrences
of dangerous conditions or visual blight. The trees shall be encouraged and allowed
to retain a natural form. Pruning should be restricted to maintain the health of the trees
and to protect the public safety. Unnatural or excessive pruning, including topping, is
not permitted.
2. Trash receptacles shall be enclosed by a six-foot-high masonry wall with view-
obstructing gates. Locations shall be subject to approval by the Planning Division.
3. All parking lot landscaping shall include a minimum of one 15-gallon-size tree for every
three spaces. For parking lot islands, a minimum 12-inch-wide walk adjacent to parking
stalls shall be provided and separated from vehicular areas by a six-inch-high, six-
inch-wide Portland concrete cement curb.
4. All parking spaces shall be double striped. The minimum dimensions for standard
parking stalls shall be 8.5' x 18.5'. The parking lot design shall comply with the
Americans with Disabilities Act for accessible spaces with one van accessible space.
5. All parking stalls shall observe a minimum 25-foot setback from the right-of-way.
Parking stalls that are parallel to the street shall observe a minimum 40-foot setback
from the right-of-way.
6. All two-way traffic aisles shall be a minimum of 25-feet wide. A minimum 25-foot-wide
emergency vehicle access shall be provided in accordance with Safety Services
Department requirements.
7. Parking lot lighting and security lighting shall comply with Chapter 17.10.150(H) of the
PMC.
8. All roof appurtenances, including air conditioners, shall be architecturally integrated,
screened from view, and sound buffered from adjacent properties and streets as
required by the Planning Division. q
6 of 12 February 5, 2019, Item # 3..3
Resolution No. P-19-
Page 5
9. The owner or operator of the facility shall routinely and regularly inspect the site to
ensure compliance with the standards set forth in this permit.
10. The use of the facility shall be limited to activities described in the application.
11. The activities of the facility shall not occur in such a manner as to create adverse
impacts on the circulation and parking on surrounding streets.
12. The facility shall be operated in such a manner as to minimize any possible disruption
caused by noise and shall comply with noise standards contained in Chapter 8.08 of
the PMC. At no time, shall noise from any source exceed the noise standards defined
in the PMC.
13. No outdoor storage, display or activities shall occur onsite except through approval of
the appropriate permits.
14. Classes shall consist of 50 students or less at any given time.
(Engineering)
15. No person shall dispose of, nor permit the disposal, directly or indirectly of hazardous
materials, paint, wash water, or materials, which result from the construction activities,
into the storm drains.
Section 4: The approval of CUP 18-017 shall expire on February 5, 2021, at 5:00 p.m.
unless, prior to that time, use and occupancy on the property in reliance on the 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 5th day of February 2019.
Steve Vaus, Mayor
ATTEST:
A. Kay Vinson, CMC, Interim City Clerk
7 of 12 February 5, 2019, Item #
Resolution No. P-19-
Page 6
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO )
I, A, Kay Vinson, CMC, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-19- was duly adopted by the City Council
at a meeting of said City Council held on the 5th day of February 2019, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
A. Kay Vinson, Interim City Clerk
City of Poway
8 of 12 February 5, 2019, Item #3.3
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EXHIBIT B
Several types of classes are conducted hourly throughout the week:
Monday - Thursday:
3:45-4:45pm: usually 2-4 Recreational/Preschool/Tumbling classes take place with an average
of 4-8 students in each class. On average about 25% of parents stay to watch classes.
4:45-5:45pm: usually 2-4 Recreational/Preschool/Tumbling classes take place with an average
of 4-8 students in each class. On average about 25% of parents stay to watch classes.
5:45-7:15pm: 30-40 competitive team members practice. Less than 10% of parents stay to
watch.
7:15-8:45pm: 30-40 competitive team members practice. Less than 10% of parents stay to
watch.
8:45-9:45pm: 5-8 Adult class members practice.
Friday: .
3:45-4:45pm: usually 2 Recreational/Tumbling classes take place with an average of 4-8
students in each class. On average about 25% of parents stay to watch classes.
4:30-5:30pm: usually 2-4 Recreational/Tumbling classes take place with an average of 4-8
students in each class. On average about 25% of parents stay to watch classes.
5:30-7:30pm: 25-50 Open Gym members attend to pradtice. On average less than 25% of
parents stay to watch.
Saturday:
8:30am-10:30am: Competitive team: 10-15 athletes with less than 10% of parents stay to
watch.
9-10am: 3 Recreational/Preschool/Tumbling classes take place with an average of 4-8
students in each class. On average about 25% of parents stay to watch.
10-11am: 3 Recreational/Preschool/Tumbling classes take place with an average of 4-8
students in each class. On average about 25% of parents stay to watch.
10:30-12pm: Competitive team: 15-20 athletes with less than 10% of parents stay to watch.
12-2pm: 25-50 Open Gym members attend to practice. On average less than 25% of parents
stay to watch.
2:30-4:30pm Birthday Party. Usually 8-15 participants with average of 50% of parents staying
to watch.
4:30-6:30pm Birthday Party. Usually 8-15 participants with average of 50% of parents staying
to watch.
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11 of 12 ATTACHMENT D February 5, 201,9 jtem #3.3
"'AGENT SERVICES
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Sunday:
8-10am: 15-20 Competitive team members practice. Less than 5% of parents stay to watch.
10-12pm: 15-20 Competitive team members practice. Less than 5% of parents stay to watch.
12-2pm: 15-20 Competitive team members practice. Less than 5% of parents stay to watch.
2:30-4:30pm: Birthday Party. Usually 8-15 participants with average of 50% of parents staying
to watch.
4:30-6:30pm: Birthday Party. Usually 8-15 participants with average of 50% of parents staying
to watch.
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12 of 12 February 5, 2019, Item #3.3