Res P-06-41
RESOLUTION NO. P-06-41
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 05-03M
AND RESCINDING RESOLUTION NO. P-05-51
ASSESSOR'S PARCEL NUMBER 317-225-05
WHEREAS, Conditional Use Permit (CUP) 05-03M was submitted by Susan
Barnes, SoCal Elite Allstars Cheerleading & Dance, Applicant, to modify an existing
Conditional User Permit to enable the cheerleading studio to relocate to a larger tenant
space in an existing industrial building located at 12556 Kirkham Court, Building J, Suites
2 and 3, in the Scenic View Business Park, in the Light Industrial zone of the South Poway
Specific Plan area, and;
WHEREAS, on September 5, 2006, 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 05-03M to relocate an existing cheerteading studio for the purposes of
cheerleading instruction within a 13,200-square-foot tenant space in an existing industrial
building located at 12556 Kirkham Court, Building J, Suites 2 and 3, 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.
Resolution No. P-06-41
Page 2
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.
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 05-03M to relocate an existing
cheerleading studio within a 13,200-square-foot tenant space in an existing industrial
building located at 12556 Kirkham Court, Building J, Suites 2 and 3, within the Scenic View
Business Park, in the Light Industrial zone, as shown on the plans dated June 27, 2006,
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.
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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.
D. The conditions of CUP 05-03M 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 05-03M 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 June 27,2006) 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 Marshall 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 UBC, 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 Marshall:
1. The proposed use for a cheerleading studio, located at 12556 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
Resolution No. P-06-41
Page 4
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.
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 05-03M, the
following shall apply:
1. The cheerleading studio shall be comprised of a reception area, an office,
storage and utility rooms, and an open classroom area, as reflected in the site
plans dated June 27, 2006. Any future expansion of the floor area into any
adjacent suite, or relocation to a different suite within the center, will require
the approval of a Modification to CUP 05-03M.
2. A minimum of 27 on-site parking spaces has been allocated for Suites
2 and 3, in Building J. 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 27 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 from 4:00 to 11 :30 p.m.
Monday through Thursday, from 4:00 p.m. until 9:00 p.m. on Fridays, and
from 10:00 a.m. until 3:00 p.m. Saturdays. 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: Resolution No. P-05-51 is hereby rescinded.
Resolution No. P-06-41
Page 5
Section 5: The approval of CUP 05-03M shall expire on September 5, 2008, at
5:00 p.m., unless the applicant has obtained a building permit pursuant to this approval prior
to the expiration date.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 5th day of September 2006.
ATTEST:
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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-06-41, was duly adopted by the
City Council at a meeting of said City Council held on the 5th day of September 2006,
and that it was so adopted by the following vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED: NONE
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City of Poway