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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 --......rammil INE11.11= t - e.WAY—Ry e____ a LI I mar; a ■ 4.c . . ■ LI-S Q' LI Mil 11111111 a all a.. —S LI LI /LI-SLu v LI IP emwi IP P I I LI Subject Location: 12115 Paine Street / JLIy-S I ��� M R E OS /Q�`�P . G`,�� OF I'ply,- \ CITY O F POWAY L: 8b0h1Mnd Use /etb �-TME at ' V 0 87.5175 350 m-- Feet 9 of 12 ATTACHMENT B February 5, 2019, Item # 3. 3 • name 'YO AVMOd 133tl1B 341Vd GIIZ- '-NI 011 Ie3OSB$ i F F ' i-i i ) 1 i i OP -I. !ii; 'Ii: '3 e 'e Li 1kgs 8l3 811I$ of9 3 .-. ..4 1wig 51 ,11 -01 e _ O . li m ® d i—.,_,t..±ii ..—,——. pp.�e ii 7 r� t 1 I - 1§ - - lig Q., 4 c,: i . ILS cC rm�it i Np_ 1 1 g v 1 J..-d.......:-.L.:-t2,. -. I . 1 0 n I as , O o 4 s ! n— rl— a o ' 31 iE i( i •�_ a .1.. S 1 413 1- IY' 4I ' 1nc_f11 =2I I 'j1 ' gg Y C a 1. /! \, -" .`/ •%r Cyd i l • ` .:�. , 1 / 1. N ISI. A ..�.. " I —J v 1S 3Mtld _ I $ CC ii I 7 x 1 - -- ( 0 I 1 it 1 1 " ! I ) 11 1 iil i ¢¢• 1 pli ;y 1 ; age p I H T .1 9 ° % I € ! n.hp .s i 3 y .i. Ili? C .g i y 1:`. r° 1111111 "1101 " grim tgli ; I. n aig 11 ling vigil ml II1g ?7,1 EF..ith172gig ee as aa®aa a®®®® ee•® eica3 aaa as CM: a®a®m®aa $ 6 S 0 ig Po d.hgg . " WI° 1 NII d m it! JHi h flit! 8.P �lcg 10 of 12 iilti ATTACHMENT C February5, 2019, Item # 33 „liky 55 }3p3¢¢gg y a g w .a.... i86l iililiNil Y4d$Y- I�IE$� . O Jdw. d• w s .. - d O I r( 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. �CESV@� f!s,,•0 3 WA 11 of 12 ATTACHMENT D February 5, 201,9 jtem #3.3 "'AGENT SERVICES ems • 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. • +� 12 of 12 February 5, 2019, Item #3.3