Res P-07-47
RESOLUTION NO. P-07-47
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR CONDITIONAL USE PERMIT 07-02,
AND DEVELOPMENT REVIEW 07-01
ASSESSOR'S PARCEL NUMBER 323-201-22
WHEREAS, Minor Conditional Use Permit (MCUP) 07-02 and Development
Review (DR) 07-01 were submitted by Amy and Randy DeLue and RAALI, LLC, for
approval to establish a 10,294-square-foot fitness center that will consist of two separate
existing buildings totaling 7,969 square feet joined by a proposed 2,325-square-foot
addition. The subject property is located at 13864 Poway Road, within the
Automotive/General Commercial zone and the Poway Road Specific Plan area; and
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; and
WHEREAS, on September 18,2007, the City Council held a public hearing on the
above-referenced itern.
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: 1} the addition of less than
10,000 square feet in an area that is not environmentally sensitive, and where all public
services and facilities are available; and 2) the re-use of a previous auto dealership and
repair site for a fitness center, which will generate less traffic and will provide adequate
onsite parking.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for MCUP 07-02, to allow a fitness center to be established on a property located
at 13864 Poway Road, are as follows:
A. The proposed fitness center is consistent 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, and the development policies and standards of
the City in that fitness center are permitted in the A/GC zone with the approval of
an MCUP.
B. The location, size, design and operating characteristics of the use will be
compatible with and will not adversely affect or be materially detrimental to
adjacent uses in that operational-related conditions of approval will ensure that the
parking needs of the facility can be met onsite. A wall will buffer the use and allow
it to be compatible with, and not adversely affect or be materially detrimental to,
adjacent uses, residents, buildings and structures.
Resolution No. P-07-47
Page 2
C. The harmony in scale, bulk, coverage and density of the proposed fitness center
will be consistent with adjacent uses because the California Ranch architectural
design of the buildings will be compatible with surrounding structures.
D. The proposed fitness center will not affect existing public facilities, services and
utilities at the site.
E. The proposed fitness center will not have a harmful effect upon desirable
neighborhood characteristics because a buffer wall has been designed into the
project and additional landscaping will be provided.
F. The proposed fitness center will not affect the capacity and physical character of
surrounding streets, and the project is consistent with the circulation element of
the General Plan in that adequate onsite parking will be provided, and access to
the site will be from Evanston Road and Poway Road, and the capacity of these
roads is adequate to handle any traffic generated by the use.
G. The site is suitable for the type and intensity of use, in that fitness centers are
allowed in the Automotive/General Cornmercial zone with a Minor Conditional Use
Permit, and the size and scope of the facility conforms to development standards.
H. There will not be significant harmful effects upon environmental quality and natural
resources, in that the site has been previously graded and developed, and
contains no native vegetation.
I. There are no other relevant negative impacts of the development that cannot be
mitigated.
J. The proposed fitness center use 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.
K. The proposed fitness center use will comply with each of the applicable provisions
of Title 17 of the Poway Municipal Code.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, for DR 07-01 are made as follows:
A. The project is consistent with the Poway General Plan and has been designed to
comply with commercial development standards and the Poway Road Specific
Plan design standards.
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the proposed addition and exterior building
Resolution No. P-07-47
Page 3
rnodifications are in compliance with all City development standards and the
Poway Road Specific Plan, and enhanced landscaping will be provided.
C. That the project is in compliance with the Zoning and Grading Ordinances in that
the project complies with all City development standards.
D. That the development encourages the orderly and harmonious appearance of
structures and property within the City as the proposed fitness center building is
consistent with the California Ranch architectural vernacular for the Poway Road
Specific Plan area.
Section 4: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary services and facilities will be available to serve this project. The project
requires payment of water and sewer fees, which are assessed on a pro-rata basis
to finance and provide public infrastructure improvements to promote a safe and
healthy environment for the residents of the City.
Section 5: The City Council hereby approves MCUP 07-02 and DR 07-01 to establish
a fitness center within a 10,294-square-foot building that will consist of two separate
existing buildings totaling 7,969 square feet joined by a proposed 2,325-square-foot
addition. The subject property is located at 13864 Poway Road, within the
Automotive/General Commercial zone and the Poway Road Specific Plan area. The
approval is based on plans submitted on July 23, 2007, and is subject to the following
conditions:
(Planning)
A. This approval shall not become effective until the effective date of the Ordinance
adopted pursuant to ZOA 07-05.
B. Approval of this Minor Conditional Use Perrnit and Development Review 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: (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.
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
commercial and residential uses.
Resolution No. P-07-47
Page 4
E. The terms and conditions of Minor Conditional Use Permit 07-02 and Development
Review 07-01 shall be binding upon the permittee and all persons, firms and
corporations having an interest in the property subject to these permits and the
heirs, executors, administrators, successors and assigns of each of them,
including municipal corporations, public agencies and districts.
F. Minor Conditional Use Permit 07-02 shall be subject to annual review, as
determined by the Director of Development Services, for compliance with the
conditions of approval and to address unresolved concerns that may have
occurred during the past year.
G. Any changes increasing the intensity of use of the operation beyond what is being
approved shall be considered as a major revision to the Minor Conditional Use
Permit and shall require City Council to approve the request.
(Engineering)
H. If any grading is to exceed 50 cubic yards of earthwork, or if any cut is greater than
two feet in vertical depth and creates a cut slope steeper than 2:1 (two horizontal
to one vertical), or if any fill is more than one foot in vertical depth, or if any paving
is to exceed 10,000 square feet, then the applicant shall apply for a Grading
Permit and submit a grading plan for review and approval to the City Development
Services Department. If the above conditions do not apply, then the applicant
shall provide certification from a State Registered Civil Engineer indicating the
quantity of earthwork involved and pay a $500 inspection fee prior to building
permit issuance
I. Prior to Grading Permit issuance, the applicant shall complete the following:
1. A $2,000 sediment and erosion control cash security deposit shall be
posted with the City.
2. The applicant shall attend a pre-construction meeting, at which time an
Action Plan shall be presented that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control shall be provided using one or more of the
following guidelines:
a. Provide an onsite de-silting basin with a volurne based on 3,600
cubic feet per tributary acre drained during any earthwork operations.
b. Cover all flat areas with approved mulch
c. Install an earthen or gravel bag berm that retains three inches of
water over all flat areas prior to discharge, effectively creating a de-
silting basin from the pad.
Resolution No. P-07-47
Page 5
3. Erosion control, including, but not limited to, de-silting basin(s), shall be
installed and maintained by the property owner throughout construction of
the project.
4. The site shall be developed in accordance with the approved site plans and
conditions of approval on file in the Development Services Department and
the conditions contained herein.
5. Prior to start of any work within City-held easements or rights-of-way, a
Right-of Way Permit shall be obtained from the Engineering Division of the
Development Services Department.
6. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading.
J. Prior to the issuance of a Building Permit, the applicant shall comply with the
following.
1 . The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. The applicant shall comply with the latest adopted Uniform Building
Code, National Electric Code, and all other applicable codes and
ordinances in effect at the time of Electrical/Building Permit issuance.
2. The locations of any new utility boxes over three feet in height shall be
noted on the plans, and screening shall be provided to the satisfaction of
the Director of Development Services.
3. 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.
(Engineering)
4. Grading shall be in accordance with the Uniform Building Code, the City
Grading Ordinance, the approved grading plan, the approved soils report,
and grading practices acceptable to the City.
5. Rough grading is to be completed and meet the approval of the City
inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer
of work.
b. A final soil compaction report for review and approval by the City.
Resolution No. P-07-47
Page 6
6. The following development fees shall by paid to the City, unless other
payee is indicated. The fees and the corresponding amounts are as follows
and are subject to change without further notice. The amounts to be paid
shall be those in effect at time of payment:
a. Water: If the existing water meter is to be replaced by a larger water
meter, the applicant shall contact the City's Engineering Division for
fee information.
b. Sewer: Sewer Equivalent Dwelling Units (EDU) are calculated at 1
EDU per 2,000 square feet (sf) of building area.
The existing building contains an area of 7,969 (sf). The proposed
building addition will contain an area of 2,325 sf.
7,969 sf / 2,000 sf
= 4.0 EDU's previously paid for this site
(7,969 + 2,325 sf}/2,OOO sf = 5.2 EDU, or an additional 1.2 EDU's
(1.2 EDUs)($2,356/EDU) = $2,827.20
c.
d.
e.
Traffic mitigation
Drainage
Park
= NA
= NA
= NA
(Planning)
7. The site plan shall show and note all required parking. A minimum of 52
parking spaces shall be provided. All parking spaces within the parking lot
shall be double striped. The parking lot design shall comply with the
Americans with Disabilities Act for accessible spaces, with one van
accessible space.
8. The site plan shall show wheel stops for all parking spaces that front any
landscape planters or a walkway less than six feet in width.
9. The site plan shall include signs and markings in the paving to direct one-
way traffic along the back of the building. Markings in the paving indicating
employee parking only shall be provided for the parking spaces along the
north property wall.
10. All outdoor lighting shall be shielded or directed so that no light spillage
shall encroach into adjoining residential properties, or onto Poway Road
and Evanston Drive. After 11 :00 p.m. all lighting shall be low-pressure
sodium with the overall wattage kept to a minimum in areas closest to the
residential neighbors. Automatic timers shall be installed to ensure
Resolution No. P-07-47
Page 7
compliance with the dark sky/low-pressure sodium requirement. The
maximum height of freestanding light posts shall not exceed 18 feet.
11 . Any proposed security lighting shall utilize low-pressure sodium fixtures.
The fixtures shall be shielded with well-defined cut-off limits to confine
illumination to onsite areas only.
12. Exterior building materials and finishes shall reflect the approved elevations
on file with the City and the conditions of approval, and shall be noted on
the building plans to the satisfaction of the Director of Development Service.
13. The building plans shall include elevations and cross sections that show all
new roof-mounted appurtenances, including, but not limited to, air
conditioning and vents, screened from view and sound buffered from
adjacent properties and streets, to the satisfaction of the Director of
Development Services.
14. The existing trash enclosure shall be painted to be consistent with the new
building design.
15. Submit landscape and irrigation plans to the Planning Division, for review
and approval, consistent with the City of Poway Guide to Landscape
Requirements to the satisfaction of the Director of Development Services.
The landscape and irrigation plan shall identify plant species, sizes, and
automatic irrigation for all areas to be planted. A plan check review fee is
required at the time of initial submittal of the plans. Based on the
preliminary landscape plans submitted on July 23, 2007, the plans shall be
revised to address the following:
a. Increase the number of trees within the parking lot to provide at
minimum one tree for every three parking spaces. Some of the
required additional parking lot trees shall be provided along Poway
Road.
b. Two to three trees shall be provided in the planter along the north
property line adjacent to the wall.
c. Trees need to be provided in the new planters.
16. All new and existing electrical/communication/CATV utilities, if any, shall be
installed underground prior to installation of concrete curbs, gutters and
sidewalks, and surfacing of the streets. The applicant/developer is
responsible for complying with the requirements of this condition, and shall
make the necessary arrangements with each of the serving utilities.
Resolution No. P-07-47
Page 8
17. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance under a separate Sign Permit. There
shall be no wall signs permitted along the east building elevation.
18. The building site plan shall show an 8-foot-high decorative masonry block
wall to replace the gate located along the west property line if the
15-foot-wide private road easement serving Assessor Parcel Number
323-201-05 has been vacated. The wall shall match the design of the
existing block wall. Clearance shall be provided under the wall to allow
proper drainage of runoff within drainage improvements.
K. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
and City of Poway Ordinance No. 64 and its amended Ordinance No. 526.
2. The building shall display its 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 emergency 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 proposed addition is to be tied into the existing approved fire sprinkler
system, meeting Poway Municipal Code 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-07-47
Page 9
6. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. If appliances are to be used, other than
microwaves, plans are to be submitted and approved prior to installation.
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 irnmediate 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 2A:10BC 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.
12. If the tenant improvement sprinkler addition requires water flow information,
a water analysis must be applied for to obtain current information.
L. Prior to occupancy, or as otherwise noted, the following shall be complied with:
1. The site of the respective lot 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.
(Engineering)
2. An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
3. All proposed utilities within the project site shall be installed underground.
4. The developer shall repair, to the satisfaction of the City Engineer, any and
all damages to Poway Road and Evanston Drive caused by construction
activity from this project.
Resolution No. P-07-47
Page 10
(Planning)
5. All landscaping shall be planted pursuant to the Poway Guide to Landscape
Requirements and the approved landscape plans.
M. Upon occupancy the applicant shall comply with the following conditions:
1. Classes shall be defined as scheduled group activities that take place in
either Space A or Space B, as described on the attached floor plan.
2. At any given time, no more than thirty-eight (38) people may participate in
class activity. This means that if two classes are held concurrently, the total
combined attendance of both classes may not exceed thirty-eight (38)
participants. Additionally, there will be one instructor (employee) per class.
3. A minimum buffer of thirty (30) minutes shall be required between classes.
4. The six (6) parking spaces located behind the building shall be designated
as employee-only parking only.
5. Directional signs shall be posted along Evanston Drive and Poway Road to
direct customers to onsite customer parking spaces.
6. There shall be a sign delineating parking restrictions located in the parking
lot.
7. There shall be a sign located in the locker room detailing proper parking
areas.
8. The membership contract shall state that parking is prohibited within
residential neighborhoods, and violators may face suspension and
revocation of their membership privileges.
9. The owners shall make their contact phone numbers and email addresses
available to the neighbors for easy access in the event of problems with
parking. The phone number shall be on file with the City of Poway
Development Services Department.
10. Manicures, pedicures, or hair treatments shall not be provided.
11. The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
12. 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 forrn. Pruning should be restricted to maintain
Resolution No. P- 07-47
Page 11
the health of the trees and to protect the public safety. Unnatural or
excessive pruning, including topping, is not permitted.
Section 6:
hereby void
Permit.
MCUP 00-06M(2) for the previous auto service use on this property is
pursuant to Poway Municipal Code Section 17.48.080.B, Lapse of a Use
Section 7: The approval of MCUP 07-02 and DR 07-01 shall expire on September 18,
2009, at 5:00 p.m., unless, prior to that time, a Building Permit has been issued and
construction has commenced on the property in reliance on the MCUP approval prior to
its expiration.
Section 8: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant rnay protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on September 18,2007.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 18th day of September 2007.
yor
ATTEST:
~e~~":;~&-
Resolution No. P-07-47
Page 12
STATE OF CALIFORNIA }
}SS.
COUNTY OF SAN DIEGO }
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty
of perjury, that the foregoing Resolution No. P-07-47 was duly adopted by the City
Council at a meeting of said City Council held on the 18th day of September 2007, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
kWN- ~..
L. Di e Shea, City Clerk
City of Poway
.