Res 23-051RESOLUTION NO. 23-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 23-0002 TO ESTABLISH A 16,000 SQUARE FOOT
FITNESS CENTER IN A COMMERCIAL TENANT SPACE
LOCATED AT 12342 POWAY ROAD; ASSESSOR PARCEL
NUMBER: 317-153-21-00
WHEREAS, Conditional Use Permit (CUP) 23-0002, submitted by Daniel Mullin, applicant,
a request to establish a 16,000 square foot fitness center in an existing commercial tenant space
located at 12342 Poway Road in Commercial General (CG) land use district of the Poway Road
Specific Plan (PRSP);
WHEREAS, on October 17, 2023, the City Council held a duly advertised public meeting
to solicit comments from the public, both for and against, relative to this application;
WHEREAS, Section 17.48.070 of the Poway Municipal Code (PMC) establishes findings
required for granting a Conditional Use Permit; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
Conditional Use Permit request and has considered other evidence presented at the public
meeting.
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 project involves minor alterations to an existing building where
the operation of a fitness center is allowed as a conditional use by the underlying Poway Road
Specific Plan land use designation and the proposed project consists of a new commercial use
that will replace a previous commercial use within an existing building and the project will involve
negligible or no expansion of use.
SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve
CUP 23-0002, are made as follows:
A. The location, size, design and operating characteristics of the proposed use are in accord
with the General Plan, and the development policies and standards of the City in that the
fitness center is allowed on a property with a land use designation of CG of the PRSP
area with the approval of a CUP and will otherwise comply with all of the relevant codes
and standards of the City of Poway.
B. The location, size, design, and operating characteristics of the fitness center 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 use will be conducted entirely
within an existing commercial building.
C. That the scale, bulk, coverage and density is consistent with adjacent uses, in that the use
will operate entirely within an existing commercial building that is part of an existing
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commercial center.
D. There are adequate public facilities, services and utilities available at the subject site to
serve the proposed use in that the use is locating within an existing commercial building
that is served by public facilities and services can be provided for through the conditions
of approval.
E. There will not be a harmful effect upon desirable characteristics within the area in that the
use will operate entirely within an existing commercial tenant space and in a manner that
is compatible with surrounding commercial and residential development.
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
proposed fitness center use will be locating within an existing commercial tenant space
within a commercial center and typically the average daily vehicle trips generated by a
neighborhood commercial center is greater than the average daily vehicle trips generated
by a fitness center. Therefore, there should be no increase in traffic.
G. That the site is suitable for the type and intensity of use and development in that the site
is located within an existing commercial tenant space within an existing commercial center
in an area that is designated as a (CG) land use district which permits the operation of a
large fitness center when regulated by a conditional use permit.
H. That there will not be significant harmful effects upon the environmental quality and natural
resources, in that the fitness center use will operate entirely within an existing commercial
building and in a manner that is compatible with surrounding commercial and residential
development.
There are no relevant negative impacts of the proposed use that cannot be mitigated.
That the impacts, as described in subsections A through I of this Section, and the proposed
location, size, design, and operating characteristics of the fitness center 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 fitness center use and all activities 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 23-0002 as shown on the site plan
incorporated herein by reference and stamped as "Exhibit A" and dated April 28, 2023, 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
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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.
B. Approval of this CUP shall apply only to the subject project and shall not waive compliance
with all other 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 reasonable use and enjoyment of surrounding uses.
E. The conditions of CUP 23-0002 shall remain in effect for the life of the subject structure
and shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
F. CUP 23-0002 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.
G. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08)
requirements that govern construction activity and noise levels.
H. All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural
form. Pruning should be restricted to maintain the health of trees and protect the public
safety. Unnatural or excessive pruning, including topping, is not permitted.
I. All roof appurtenances, including air conditioners, shall be architecturally intergraded,
screened from view and sound buffered from adjacent properties and streets as required
by the Development Services Department.
J. A minimum of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with the Fire Department
requirements.
K. No outdoor storage, display or activities shall occur onsite except through approval of
the appropriate permits.
L. The activities of the facility shall not occur in such a manner as to create adverse
impacts on the circulation and parking on surrounding streets.
M. The facility shall be operated in such a manner as to minimize any possible disruption
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caused by noise and shall comply with noise standards contained in Chapter 8.08 of the
PMC. At no time shall noise from any source exceed the noise standards defined in the
PMC.
N. Prior to opening of business, the Applicant shall apply to obtain a Business Certificate
through the Customer Services Department of the City of Poway. Prior to a business
Certificate, the Applicant shall comply with the following:
O. 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.
P. Any signs proposed for the project shall be designed in accordance with the Sign
Ordinance and the comprehensive sign program for Poway Town Center. The necessary
Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to
installation.
Q. The applicant shall obtain a Building Permit associated with the proposed project. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
The applicant shall comply with the latest adopted building and electric codes, and
all other applicable codes and ordinances in effect at the time of the Building Permit
issuance.
2. Accessible parking spaces and access aisles are required to be level (maximum
1:48 slope) in all directions to provide a surface for wheelchair transfer to and from
vehicles.
3. 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.
(Engineering)
4. Building plans shall show the existing driveway approaches along Poway Road
and Pomerado Road to be made ADA-compliant. Please show new, ADA-
compliant driveways per San Diego Regional Standard Drawings at all driveway
entrances. The layout and standard(s) to be used shall be noted on the site plan.
5. Building plans shall show an ADA-compliant path of travel from the building
entrance to the City's sidewalk fronting the parcel.
6. The applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on the site
plan and be appropriately sized for the proposed level of development.
7. A minimum cash security for erosion control is required.
8. The applicant shall attend a pre -construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a City
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standard form available from the City's project engineer. The applicant's action
plan that identifies measures to be implemented during construction to address
erosion, sediment and pollution control will be discussed. Compliance for
sediment control shall be provided as directed by the project inspector.
9. Erosion control shall be installed and maintained by the developer from October 1
to April 30 annually. The developer shall maintain all erosion control devices
throughout their intended life.
10. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
11. Prior to start of any work within a City -held easement or right-of-way, a Right -of -
Way Permit shall be obtained from the Engineering Division of the Development
Services Department. All appropriate fees shall be paid prior to permit issuance.
This will be required to be approved prior to building permit issuance.
12. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
(Planning)
13. The six landscape planters located at the ends of the traffic aisles that are directly
in front of the subject tenant space shall be enhanced and refreshed with trees and
shrubs in accordance with the City Landscape and Irrigation Design Manual if the
total square footage of the subject landscape planters exceed 2,500 square feet
landscape and irrigation plans and the accompany plan review fees shall be
submitted to the Planning Division for review and approval. Pursuant to Poway
Municipal Code Section 17.41.200 Prescriptive Compliance if the total square
footage of the six landscape planters is less than 2,500 square a landscape
documentation package along with the required review fees shall be submitted to
the Planning Division for review and approval.
R. Prior to Final Inspection:
(Engineering)
1. An adequate drainage system shall be provided around the building pad capable of
handling and disposing all surface water to the satisfaction of the Engineering
Inspector.
2. 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.
(Planning)
3. The sign facia area of the subject tenant space shall be refurbished (repaired, painted,
etc.) so that it is similar to the adjacent tenant facia to the satisfaction of the Director
of Development Services.
4. Landscaping and irrigation shall be completed in accordance with the approved
landscape plan. Any missing, dying or dead landscaping shall be replaced and shall
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be adequately irrigated and permanently and fully maintained by the Property Owner
at all times.
a. The site shall be cleared of all construction materials, supplies, and equipment.
The landscaping shall be kept in a thriving condition. Landscaped areas within
the adjacent public right-of-way shall be permanently and fully maintained by
the owner.
SECTION 4: The approval of CUP 23-0002 shall expire October 17, 2025, at 5:00 p.m.,
unless prior to that time a Building Permit has been issued and construction has commenced on
the property unless prior to the expiration, a request for a time extension is submitted to the
Development Services Department and a time extension is subsequently granted by the City
Council.
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, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Poway, California on the 17th day of October 2023, by the following vote, to wit:
AYES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
teve Vaus, Mayor
ATTEST:
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Carrie Gallagher, CMC, Cit� Clerk