Res 22-069RESOLUTION NO. 22-069
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; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby
finds and declares:
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
Resolution No. 22-069
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.
Resolution No. 22-069
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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:
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.
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:
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.
Resolution No. 22-069
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(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:
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.
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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.orq/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:
(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
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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: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
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AW, ad AW
Carrie Gallagher, CMC, City Cle k