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Res P-05-03 RESOLUTION NO. P-05-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 04-18 ASSESSOR'S PARCEL NUMBER 317-223-19 WHEREAS, Conditional Use Permit (CUP) 04-18 was submitted by Kelly Grant, Scripps Dance Center, Applicant, to establish a dance studio within a 3,500-square-foot tenant space in an existing industrial building located at 12840 Danielson Court, Building B, Suite A, within the Foremost Business Park, in the South Poway Planned Community zone, and; WHEREAS, on January 25, 2005, 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 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 04-18 to establish a dance studio for the purposes of dance instruction to children within a 3,500-square-foot tenant space in an existing industrial building located at 12840 Danielson Court, Building B, Suite A, within the Foremost Business Park, in the South Poway Planned Community zone, are made as follows: A. The proposed location, size, design, and operating characteristics of the dance studio is 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 a recreational use is allowed with the approval of a Conditional Use Permit within buildings of 5,000 square feet or greater. B. The location, size, design, and operating characteristics of the dance studio 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, it will not increase the intensity of use in the surrounding industrial area, and adequate parking is available. C. The dance 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 and no exterior modifications are proposed. Resolution No. P-05-03 Page 2 D. There are adequate public facilities, services, and utilities available at the subject site to serve the dance studio. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the dance studio can be accommodated wholly within an enclosed building and there are adequate parking facilities to serve the existing industrial uses, and the dance studio. 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 dance center will operate during off-peak daytime hours and limited weekend hours. G. The site is suitable for the type and intensity of use or development that is proposed in that the dance center will operate during off-peak traffic hours for the surrounding general industrial area. The number of children and employees are small and there is no impact anticipated to the surrounding industrial uses. H. There will not be significant harmful effects upon environmental quality and natural resources in that the dance studio will be located within an existing industrial building, and will not impact natural habitat resources. I. That the potential impacts, and the proposed location, size, design and operating characteristics of the dance studio 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 04-18 to establish a dance studio within a 3,500-square-foot tenant space in an existing industrial building located at 12840 Danielson Court, Building B, Suite A, within the Foremost Business Park, in the South Poway Planned Community zone, as shown on the plans dated November 23, 2004, subject to the following conditions: A. Approval of this CUP 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. 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. Resolution No. P-05-03 Page 3 D. The conditions of CUP 04-18 shall remain in effect for the life of the subject dance studio, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. CUP 04-18 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. If a Building Permit is required and/or prior to occupancy, 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 November 23,2004) 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 owner of the Foremost Business Center will install doors on the trash enclosure in front of Building E, consistent with City standards. G. Prior to occupancy, the applicant shall comply with the following fire safety requirements to the satisfaction of the Fire Marshal: The proposed use for a dance center, located at 12840 Danielson Court, is classified as a Group A Occupancy, Division 3, in the 1998 edition ofthe California Uniform Building Code (UBC). All public assembly occupancies that are used to gather 50 or more persons together as defined in the 1998-UBC, Section 303.1.1, including the proposed use of a dance center, must comply with all applicable requirements of Section 1003 (UBC), for all portions ofthe means of egress from the subject building. A recent fire and life safety inspection disclosed non-compliance with certain minimum state and local codes which are not necessarily limited to the following: 1. A minimum of two approved exit doors must be provided from each separate dance room per Table A, (UBC). The front "dance room" has an occupant load capacity of a minimum of 53 to a maximum113 persons, and the rear "dance room" a minimum capacity of 78 to a maximum of 167. The maximum occupant load for each room will depend upon a combination of the actual seating capacity and the dance floor area intended to be used. Resolution No. P-05-03 Page 4 2. The two required exit doors within each dance room, must be separated a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the area served measured in a straight line between the center of the exit doors (Sec.1 004.2.4, UBC). 3. Provide panic hardware for the second exit door of each dance room. The front and main exit door may be provided with a key-locking device in place of the panic hardware, provided there is a readily visible durable sign adjacent to the doorway stating, "THIS DOOR MUST REMAIN UNLOCKED DURING BUSINESS HOURS," (Sec.1007.2.5, UBC). 4. Illuminated exit signs shall be provided for each required exit door and where required within the connecting corridor throughout the building, to indicate the path of exit travel (Sec.1003.2.8 & 1003.2.8.4, UBC). 5. Exit doors shall swing in the direction of the path of travel where the area served has an occupant load of 50 or more. H. Upon establishment ofthe dance studio, pursuant to CUP 04-18, the following shall apply: 1. The dance studio shall comprise of two offices, restroom, and a dance floor (dance studio) as reflected in the site plans dated November 23,2004. An expansion of the dance floor area into the storage area will require the approval of a Modification to CUP 04-18. 2. A minimum of 12 on-site parking spaces has been allocated for Suite A, in Building B. A copy of the parking allocation in the lease agreement for the Scripps Dance Center 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 dance studio is exceeding the allocation of 12 spaces, the Conditional Use Permit shall be set for a public hearing before the City Council, to consider modification to address the parking issues. 3. The dance center is limited to operation Monday through Friday from 4:00 to 8:00 p.m. and on Saturdays from 9:00 a.m. to 1 :00 p.m. Additional hours or an expansion in floor area for the dance studio may be approved by the City Council upon determination that there is no impact on the demand for parking. 4. 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 Foremost Business Park. Resolution No. P-05-D3 Page 5 Section 4: The approval of CUP 04-18 shall expire on January 25,2007, at 5:00 p.m. unless, the applicant has entered in a lease agreement with the owner and has been conducting business within the Foremost Business Park prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 25th day of January 2005. ATTEST: ~~~ STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-05- 03 , was duly adopted by the City Council at a meeting of said City Council held on the 25th day of January 2005, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~ 1z.- ~u- L. iane Shea, City Clerk City of Poway