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Res P-07-24 RESOLUTION NO. P-07-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 95-02M(3) AND RESCINDING RESOLUTIONS NO. P-95-21 AND P-01-01 ASSESSOR'S PARCEL NUMBER 317-101-42 WHEREAS, MCUP 95-02M(3), submitted by Lynelle Lynch, Applicant, requests a modification to a Minor Conditional Use Permit to allow the expansion of an existing beauty school into an three adjacent suites in the Lively Shopping Center located in the Town Center zone at 13264 Poway Road; and WHEREAS, on June 5, 2007, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The project is Categorically Exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15303(c), Class 3 exemption, in that it is a minor change of use to an existing commercial building. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for MCUP 95-02M(3) to modify a Minor Conditional Use Permit to allow the expansion of an existing beauty school into an adjacent suite in the Lively Shopping Center at 13264 Poway Road in the TC zone, are made as follows: A. The design of the proposed project will meet the required type, height limit, and operating hours; and it will otherwise comply with all of the relevant codes and standards of the City of Poway. The proposed use is considered to be an allowable use in the TC zone, with the approval of a Minor Conditional Use Permit. Therefore, the proposed location size, design and operating characteristics of the proposed use are in accord with the title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of the zone in which the site is located, the City General Plan, the Poway Road Specific Plan, and the development policies and standards of the City. B. The location and design ofthe proposed school expansion will not create a negative visual impact on surrounding properties since it will involve only minor exterior changes to the building. Therefore, 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, residents, buildings, structures, or natural resources. C. There will be only minor exterior changes to the building. Therefore, the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses. Resolution No. P-07-24 Page 2 D. There are public facilities, services and utilities available in the existing commercial building. E. The proposed beauty school expansion will occur within an existing shopping center and will be an enlargement of an existing use. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. The project will not measurably increase traffic. Therefore, the generation of traffic will not adversely impact the capacity and physical character of surrounding streets and/or the circulation element of the General Plan. G. The project is located in a large shopping center (characteristic of its neighborhood), which provides adequate parking and onsite circulation. Therefore, the site is suitable for the type and intensity of use or development that is proposed. H. The project will not involve expanding the limits of the existing structures and will not involve hazardous materials or processes. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. I. There are no other relevant negative impacts of the proposed use that cannot be mitigated. J. The project will involve only minor exterior changes to the building. The proposed use is an allowable use in the TC zone. Therefore, the impacts, as described above, 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; and K. That the proposed conditional use will comply with each of the applicable provisions of Section 17.48.070 of the Poway Municipal Code. Section 3: The City Council hereby approves MCUP 95-02M(3) to expand an existing approximate 13,1 OO-square-foot beauty school into an adjacent 6,OOO-square-foot area in the Lively Shopping Center at 13264 Poway Road in the TC zone, as shown on the plans dated March 9, 2007, subject to the following conditions: A. Approval of this MCUP 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. 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 on Real Property. Resolution No. P-07-24 Page 3 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 commercial uses. D. The conditions of MCUP 95-02M(3) shall remain in effect for the life of the subject private school and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. MCUP 95-02M(3) is subject to annual review to ensure compliance with the Conditions of Approval and to address concerns that may have been raised during the prior year. If it is determined that there have been complaints or issues raised with the use, or the use is not in compliance, the review will be forwarded to the City Council. The City Council may add conditions to the permit, amend the permit or revoke the Conditional Use Permit. F. Prior to occupancy of the new suite, the applicant shall obtain a Building Permit for the interior improvements. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The applicant shall obtain a Building Permit for the interior improvements. 2. The applicant shall comply with the latest adopted Uniform Building Code, and all other applicable codes and ordinances in effect at the time of Building Permit issuance, including, but not limited to, the 1997 UBC and the CCR Title 24. 3. The applicant shall obtain necessary permits from San Diego County Environmental Health Department. 4. The building plans shall be in accordance with the approved plans dated March 9, 2007, for MCUP 95-02M(3), and on file in the Development Services Department, along with the conditions contained herein. 5. All entrances shall provide disabled person access to the satisfaction of the Building Division. 6. The applicant shall comply with the following requirements to the satisfaction of the Director of Safety Services: a. Do not exceed the legal occupant load of the tenant space. Post maximum occupant load sign(s). b. Do not block any exits Resolution No. P-07-24 Page 4 7. The following development fees shall be paid to the Development Services Department prior to building permit issuance. These fees are currently in effect and are subject to change: Sewer Based on 32 additional students: (12 oalJstudent) x (32 students) x $2,356/EDU = $3,618.82 250gal/EDU Traffic MitiQation Based on 32 additional students during the day: (1.5 trips/student) x (32 students) x ($66 per trip) x (0.25) = $792.00 8. The property owner shall replant the landscape area immediately west of the easterly driveway new small shrubs and/or plant material to replace vegetation that has either died or been removed. The material shall be not exceed two feet in height and shall be subject to the approval of the Director of Development Services. Groundcover shall also be planted in the front yard landscape area located east of the eastern curb cut in the area between Poway Road and the side of Kragen auto parts. G. Upon establishment of the use in reliance upon this Minor Conditional Use Permit, the following conditions shall apply: 1. The maximum number of students shall be 200 and the maximum number of employees shall be 20 during any class session. 2. The school may operate anytime within the hours of 7:00 a.m. and 10:00 p.m., provided there is approximately one hour difference between when one class ends and the next one begins to insure that adequate parking remains available to business customers and student alike. 3. The school proposes to operate in two sessions as noted below, but may modify the proposed hours to meet changes in their curriculum. Any change to the schedule shall be provided to the Director of Development Services for review and approval, to ensure adequate onsite parking. . Day Session . Evening Session Tues. - Fri.: Sat.: Mon. - Fri.: 9:00 a.m. to 2:30 p.m. 9:00 a.m. to 5:00 p.m. 5:00 p.m. to 10:00 p.m. . Administrative duties Monday from 9:00 a.m. to 5:00 p.m. (No Day Classes): * Advance Class - one Monday per month from 9:00 a.m. - 5:00 p.m. and limited to 25 students. Resolution No. P-07-24 Page 5 4. Any sign proposed for this expansion shall be designed and approved in conformance with the Sign Ordinance under a separate sign permit. 5. The site shall be developed in accordance with the approved plan on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. 6. Students and staff shall utilize the rear and east side parking spaces in the Lively Center before using the parking spaces in the interior of the center to facilitate customer parking for other businesses in the center. H. The applicants shall construct the following improvements to the satisfaction of the Director of Safety Services: 1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and City of Poway Ordinance No. 64. 2. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff's Dept. -ASTREA criteria. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the minimum required for Fire Department emeroencv access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the City of poway Municipal Code, shall approve the road surface type. 4. The building will be required to install an approved fire sprinkler system meeting P.M.C. requirements. The entire system is to be monitored by a central monitoring company. Double detector check valve assembly and system post indicator valve(s) with tamper switches shall also be monitored. The City Fire Marshal prior to installation shall locate these fire protection devices. 5. A properly licensed contractor shall install an automatic fire alarm system to approved standards. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. Resolution No. P-07-24 Page 6 6. Provide a reciprocal maintenance agreement to maintain the fire protection systems including but not limited to the post indicator valve, swing check valve. fire department connection and water line leading to each buildings fire sprinkler riser. 7. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler system Post Indicator Valve. 8. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 9. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 10. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and 75' travel distance. 11. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0" man door. Section 4: Resolutions No. P-95-01 and P-01-01 for MCUP 95-02 are hereby rescinded. Section 5: The approval of MCUP 95-02M(3) shall expire on June 5, 2009 at 5:00 p.m. unless, prior to that time, a building permit has been issued and construction on the property in reliance on the MCUP approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 5th day of June 2007. m~ ane Shea, City Clerk Resolution No. P-07-24 Page 7 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-07-24, was duly adopted by the City Council at a meeting of said City Council held on the 5th day of June 2007, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA NOES: NONE ABSEN~ REXFORD DISQUALIFIED: NONE (i:52f;.~iv-- City of Poway