Res P-07-09
RESOLUTION NO. P-07-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 06-13
ASSESSOR'S PARCEL NUMBER 323-481-14
WHEREAS, Conditional Use Permit (CUP) 06-13 was submitted by Susan
Barnes, SoCal Elite Allstars Cheerleading & Dance, Applicant, to establish a cheerleading
and dance studio within a 9,700-square-foot tenant suite within an existing industrial
building located at 13880 Stowe Drive, Suite B, in the Light Industrial (L1) zone of the South
Poway Specific Plan area, and;
WHEREAS, on March 13, 2007, 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 06-13 to establish a cheerleading and dance studio within a 9,700-square-
foot tenant space in an existing industrial building located at 13880 Stowe Drive, Suite B, in
the LI zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the studio are
in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code
(Conditional Use Permit Regulations), the City's 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 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 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.
Resolution No. P-07 -09
Page 2
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the studio.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the studio can be accommodated wholly within an enclosed
building, and there are adequate parking facilities to serve the existing industrial
uses and the 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 studio will operate during off-peak daytime hours and limited weekend
hours.
G. The site is suitable forthe type and intensity of use or development that is proposed
in that the studio 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 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 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 06-13 to establish a cheerleading and
dance studio within a 9,700-square-foot tenant space in an existing industrial building
located at 13880 Stowe Drive, Suite B, in the Light Industrial (L1) zone, as shown on the
plans dated December 28, 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.
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-07-09
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D. The conditions of this CUP shall remain in effect for the life of the subject
cheerleading and 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 06-13 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
(UBC), National Electric Code, and all other applicable codes and ordinances
in effect at the time of Electrical/Building Permit issuance.
2. The tenant space shall be soundproofed. Specifications on the sound-
proofing material shall be shown on the plans submitted to the Building
Division for review and approval by the Building Division, Planning Division
and Fire Marshal.
3. The site shall be developed in accordance with the approved plan on file in
the Development Services Department 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.
4. Prior to occupancy, the owner or the applicant 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
woman's 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. 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:
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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 and dance studio, pursuant to CUP 06-13,
the following shall apply:
1. The cheerleading and dance studio is limited to operation from 4:00 p.m. to
11 :30 p.m. Monday through Friday, and from 8:00 a.m. until 7:00 p.m. on
Saturdays. Modifications to the days and hours of operation are subject to
the review and approval of the Director of Development Services, and may
be subject to City Council review and approval.
2. Any signs proposed for the use shall be designed and approved in
conformance with the Sign Ordinance and the Comprehensive Sign
Program for the site.
Section 4: The approval of CUP 06-13 shall expire on March 13.2009. at 5:00 p.m.,
unless the applicant has obtained a Building Permit pursuant to this approval prior to the
expiration date.
Resolution No. P-07-09
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PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 13th day of March 2007.
ATTEST:
6
LD6h~~~
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-07-09, was duly adopted by the City Council at a meeting of
said City Council held on the 13th day of March, 2007, 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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L. Di ne Shea, City Clerk
City of Poway