Res P-05-51
RESOLUTION NO. P-05-51
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 05-03
ASSESSOR'S PARCEL NUMBER 317-225-05
WHEREAS, Conditional Use Permit (CUP) 05-03 was submitted by Susan Barnes,
SoCal Elite Allstars, Applicant, to establish a cheerleading studio within a 5,381-square-foot
tenant space in an existing industrial building located at 12576 Kirkham Court, Building H,
Suite 2, in the Scenic View Business Park, in the Light Industrial zone of the South Poway
Specific Plan area, and;
WHEREAS, on July 19, 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 05-03 to establish a cheerleading studio for the purposes of cheerleading
instruction to children within a 5,381-square-foot tenant space in an existing industrial
building located at 12576 Kirkham Court, Suite 2, in the Scenic View Business Park, in the
Light Industrial zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the
cheerleading 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 cheerleading 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 located 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 cheerleading studio 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.
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D. There are adequate public facilities, services, and utilities available at the subject
site to serve the cheerleading studio.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the cheerleading studio can be accommodated wholly within
an enclosed building and there are adequate parking facilities to serve the existing
industrial uses, and the cheerleading 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 cheerleading 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 cheerleading center will operate during off-peak traffic hours from the
surrounding general industrial area. The number of students and employees are
limited 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 cheerleading studio will be located within an existing industrial
building, and will not impact natural habitat resources.
I. The potential impacts, and the proposed location, size, design and operating
characteristics of the cheerleading 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 05-03 to establish a cheerleading
studio within a 5,381-square-foot tenant space in an existing industrial building located at
12576 Kirkham Court, Building H, Suite 2, within the Scenic View Business Park, in the
Light Industrial zone, as shown on the plans dated May 19, 2005, 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.
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D. The conditions of CUP 05-03 shall remain in effect for the life of the subject
cheerleading studio, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. CUP 05-03 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 occupancy and 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 May 19, 2005) 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. Prior to occupancy, the owner of the Scenic View Business Center shall
install restroom improvements in accordance with the 2000 UPC code,
Chapter 19, Minimum Plumbing Fixtures. The improvements shall include,
at a minimum, a total of two water closets for the men's restroom and three
water closets for the female restroom, 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:
1. The proposed use for a cheerleading studio, located at 12576 Kirkham Court,
is classified as a Group A Occupancy, Division 3, in the 1998 edition of the
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 cheerleading
studio, must comply with all applicable requirements of Section 1003 (UBC),
for all portions of the means of egress from the subject building. The
applicant shall meet the following minimum state and local codes, which are
not necessarily limited to the following:
a. Exiting must conform with the requirements of an A-3 Public
Assembly; single-action locking hardware or keyed lock on front entry
and panic hardware on secondary exits.
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b. 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.1 003.2.8 & 1003.2.8.4,
UBC).
c. If a key lock is used on the front entry, a sign shall be placed above
the door stating "THIS DOOR MUST REMAIN UNLOCKED DURING
BUSINESS HOURS" (Sec.1007.2.5, UBC).
d. 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 of the cheerleading studio, pursuant to CUP 05-03, the
following shall apply:
1. The cheerleading studio shall be comprised of a reception area, one office,
storage and utility rooms, and an approximate 3,375-square-foot classroom
area, as reflected in the site plans dated May 19, 2005. An expansion ofthe
floor area into any adjacent suite, or relocation to a different suite within the
center, will require the approval of a Modification to CUP 05-03.
2. A minimum of 12 on-site parking spaces has been allocated for Suite 2, in
Building H. A copy of the parking allocation in the lease agreement for
the Scenic View Business Park 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 demand exceeds the
allotted of 12 spaces, the applicant shall process a modification to the
Conditional Use Permit to address the parking issue.
3. The cheerleading center is limited to operation Monday through Friday from
4:30 to 9:30 p.m. and on Saturdays from 10:00 a.m. until 2:30 p.m.
Additional hours or an expansion in floor area for the cheerleading 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 Scenic View Business Park.
Section 4: The approval of CUP 05-03 shall expire on July 19, 2007, at 5:00 p.m.,
unless the applicant has obtained a building permit pursuant to this approval prior to the
expiration date.
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PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of July 2005.
ATTEST:
L~~~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. P-05-51, was duly adopted by the City Council at a meeting of
said City Council held on the 19th day of July 2005, and that it was so adopted by the
following vote:
AYES: EMERY, HIGGINSON, CAFANGA
NOES: NONE
ABSENT: BOYACK, REXFORD
DISQUALIFIED: NONE
):: ~~
L Diane Shea, City Clerk
City of Poway