Item 7 - CUP 22-0002; Proposal to Establish an Indoor Recreation Facility at 12900 Gregg Ct. APN 317-270-63September 20, 2022, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway September 20, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /A/1. Hector Salgado, Associate Planner (858) 668-4656 or hsalgado@poway.org CITY COUNCIL Conditional Use Permit (CUP) 22-0002; a proposal to establish an indoor recreation facility within an existing 19,000 square-foot building located at 12900 Gregg Court; APN: 317-270-63 Conditional Use Permit (CUP) 22-0002 is a proposal to establish a private indoor recreation facility, City Fun Center, that includes indoor mini-golf, mini-bowling, arcade games, video games with interactive experiences, party rooms and food within an existing 19,000 square-foot building (formerly Staples) located at 12900 Gregg Court. The project has been designed to comply with City standards. Recommended Action: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A). Discussion: Steve Krongard is the applicant for the proposed CUP on the subject property located at 12900 Gregg Court, at the northwest corner of Gregg Court and Community Road. The subject property is located within the South Poway Specific Plan (SPSP) and has a land use designation of South Poway Commercial (SPC). The existing 19,000 square-foot building (Subject Building) was previously occupied by a Staples retailer which was vacated nearly four years ago. The Subject Building is part of a commercial retail center (Center), which includes Kohl's Department Store and ln-N-Out Burger. The Zoning and Location Map is included as Attachment B. The recreation facility, referred to in the application as the City Fun Center will be the sole occupant of the Subject Building. The City Fun Center proposes to provide indoor amusement activities such as mini-golf, mini-bowling, party rooms, and a variety of video games including redemption games, driving and target simulators, and video games with interactive experiences. Additionally, they will provide a cafe, a small bar, family food packages, and the availability to host birthday parties. Areas in the building not proposed for recreation will be utilized as an administrative office, storage, and a utility room. The proposed floorplan of the Subject Building is provided as Attachment C. No exterior modifications are proposed as part of this project, except for signage. The project will be required to 1 of 11 ,
September 20, 2022, Item #7comply with Poway Municipal Code requirements associated with the proposed interior improvements and change in use in the building. The proposed indoor recreational use can be allowed in the SPC land use designation area with approval of a CUP by City Council. The proposed site plan is included as Attachment D. The proposed hours of operation are 1 :00 p.m. to 10:00 p.m. on Friday, 10:00 a.m. to 10:00 p.m. on Saturday, and 11 :00 a.m. to 8:00 p.m. on Sunday. The Facility will also be open on Monday and Tuesday for private parties between 4:00 p.m. and 8:00 p.m. and, depending on demand, the facility will expand the hours of operation on Wednesday and Thursday to between 4:00 p.m. and 8:00 p.m. The Center was originally approved in 2003 with three separate buildings. At the time of approval, a total of 487 parking spaces were required and 595 parking spaces are provided on-site, exceeding parking space requirements by 103 spaces. The proposed project results in eight additional spaces required for the recreation use over the requirement for the previous retail use. As a result, there remains 95 parking spaces in excess of what is required for the Center. Staff believes the design and operation of the recreation facility would be compatible with the surrounding uses and enhance the property. Similar recreation uses exist within the surrounding area. 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 interior alterations to an existing building where the operation of a recreation facility is allowed as a conditional use by the underlying SPC land use designation and the proposed project consists of a new commercial use that will replace a previous commercial use with negligible or no expansion. Fiscal Impact: None Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on September 8, 2022. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments A. Resolution B. Zoning and Location Map C. Proposed Floorplan D. Site Plan Reviewed/ Approved By: Wendy ~$erman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager
September 20, 2022, Item #7RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 22-0002 TO ESTABLISH AN INDOOR RECREATION FACILITY AT 12900 GREGG COURT; ASSESSOR'S PARCEL NUMBER 317-270-63 WHEREAS, Conditional Use Permit (CUP) 22-0002 was submitted by Steve Krongard, Applicant, and Pajama Properties, LLC, Owner, for the establishment of a recreation facility within an existing commercial building located at 12900 Gregg Court, within the South Poway Commercial (SPC) land use area of the South Poway Specific Plan (SPSP). WHEREAS, on September 20, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a CUP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: 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 interior alterations to an existing building, where the operation of a recreation facility is allowed as a conditional use by the underlying SPC land use designation, and the proposed project consists of a new commercial use that will replace a previous commercial use with negligible or no expansion. SECTION 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve CUP 22-0002 to allow the establishment of a recreation facility, 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, including the SPSP in that indoor recreational uses are permitted as a conditional use within the SPC land use area. 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 recreational facility will be located within an existing commercial building with all business operations occurring inside the building. C. The proposed facility is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the use will be complementary to commercial retail uses located within the commercial retail center and will provide recreational opportunities 3 of 11 ATTACHMENT A
September 20, 2022, Item #7Resolution No. 22-Page 2 for the Business Park workforce and/or families. The facility is located within an existing commercial building which complies with SPSP requirements. No changes to the building exterior are proposed. 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 commercial 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 there will be no increase in traffic based upon the change in use. G. The site is suitable for the type and intensity of use or development that is proposed in that the facility is within an existing commercial building and will provide recreational opportunities for the workforce in the Business Park and the community. 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. I. 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, in that the site has adequate parking to accommodate the proposed use and all activities use will occur within the existing commercial building. K. That the proposed conditional use will comply with each of the applicable provisions of this Title. SECTION 3: The City Council hereby approves CUP 22-0002, as shown on the site and operations plan incorporated herein by reference and stamped as "Exhibit A" and dated September 20, 2022, on file in the Development Services Department, except as noted herein, 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. 4 of 11
September 20, 2022, Item #7Resolution No. 22-Page 3 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. 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 developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. F. The conditions of CUP 22-0002 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. G. CUP 22-0002 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. H. Prior to business operations, the applicant shall apply to obtain a Business Certificate through the Customer Services Department of the City of Poway and comply with the following: 1. 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. 2. Any signs proposed for the recreation facility shall be designed in accordance with the Sign Ordinance and SPSP. The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation. I. The applicant shall obtain a Building Permit for tenant improvements and signage proposed. Prior to issuance of a Building Permit, the applicant shall comply with the following: 5 of 11 1. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. 2. The site shall be developed in accordance with the approved plans stamped as "Exhibit A" on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required.
September 20, 2022, Item #7Resolution No. 22-Page 4 (Engineering) 3. The applicant will be required to install trash treatment control devices inside all existing private storm drain grated inlet structures onsite. Please call out the proposed devices on the building plans. (Planning) 4. Applicable school impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570. (Public Works) 5. The applicant shall ensure that a correctly sized and properly installed GRE Grease Trap/Interceptor is present, utilized, and maintained. The plans shall reference the correct size, type, location of installation, applicable tie-ins and complete the Food Service Establishment Wastewater Discharge Permit (FSEWDP) application and schedule an inspection for permit (call (858) 668-4735). 6. Any damage to Landscape Maintenance District (LMD) landscaping and/or irrigation shall be repaired and paid for by construction contractor to the satisfaction of the City's inspector. 7. All stormwater conveyance assets will be maintained by property owner. J. The following requirements shall be completed to the satisfaction of the Fire Department: 6 of 11 1. The project shall comply with all applicable PMC, California Fire Code (CFC) and California Building Code (CBC) for this project. 2. The Fire Sprinkler system is required to be maintained and designed to properly protect the new interior space per the National Fire Protection Association (NFPA) 13 standard. 3. The Fire Monitoring system is required to be maintained and properly signaling to a UL Listed Central Station Monitoring Company at all times. 4. A commercial Type 1 Kitchen Hood with Mechanical Ventilation Exhaust, protected by a commercial kitchen Fire Suppression System shall be required if the exceptions in CFC Section 607.2 are not met. 5. Fire protection system area access doors shall be identified by appropriate signage from the interior and exterior on the building. 6. Illuminated Exit Signage is required throughout per the CFC & CBC. 7. Emergency Exit Lighting is required throughout per the CFC & CBC. 8. Panic Hardware is required on all egress doors for places of assembly occupancy types. 9. An Occupancy Load Sign is required inside main occupancy space and spaces over 49 occupants.
September 20, 2022, Item #7Resolution No. 22-Page 5 10. Fire extinguishers (minimum 3A40BC) are required throughout per the CFC & CBC. 11. Fire Department Knox Box is required and business owner shall provide Master Keys. 12. Fire Lanes shall be maintained per the CFC & CBC. 13. Electrical room shall be identified by signage and maintained free of any combustible storage. K. Prior to issuance of a Certificate of Occupancy: (Engineering) 1. A recorded Stormwater Trash Management Facilities Maintenance Agreement, perpetual maintenance of facilities and an easement granted to the City will be required. Acceptable devices can be found at https://poway.org/963/Stormwater-Forms. 2. The stormwater facilities shall be complete and operational prior to occupancy. 3. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project. L. Upon establishment of the proposed use, pursuant to CUP 22-0002, the following shall apply: 7 of 11 (Planning) 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. All landscaping shall be adequately irrigated and permanently and fully maintained by the Property Owner at all times. 3. All parking space striping shall be maintained. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces with one van accessible space. 4. The use of the facility shall be limited to activities described in the application. 5. No outdoor storage, display or activities shall occur onsite except through approval of the appropriate permits. 6. 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
September 20, 2022, Item #7Resolution No. 22-Page 6 the PMC. At no time, shall noise from any source exceed the noise standards defined in the PMC. (Engineering) 7. 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 CUP22-0002 shall expire on September 20, 2024, 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 at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of September, 2022 the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 8 of 11
September 20, 2022, Item #7· ·Scripps·PowayPky 9 of 11 Subject Location: APN 317-270-63 • NORTH 0 City of Poway Zoning/ Location Map Item: CUP22-0002 125 250 500 ------•Feet ATTACHMENT B
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