Res P-09-26
RESOLUTION NO. P-09-26
A RESOLUTION OF THE CITY COUNCil
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 09-02
AND RESCINDING RESOLUTION P-99-67
FOR CONDITIONAL USE PERMIT 99-09
ASSESSOR'S PARCEL NUMBERS 317-281-11
WHEREAS, Eric Dye has submitted a request for approval of a Conditional Use
Permit (CUP) to establish an indoor golf training facility within an existing building at
13000 Danielson Street, in the Light Industrial (L1) land use designation area/Planned
Community (PC) zone; and
WHEREAS, the indoor golf training facility will be established within a portion of
the building where a gymnasium had previously been established under CUP 99-09,
which has been discontinued; and
WHEREAS, on August 4, 2009, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: This 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 the change of use within an existing
facility.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 09-02 to establish an indoor golf training facility within
an existing building at 13000 Danielson Street in the Light Industrial (L1) land use
designation area/Planned Community (PC) zone, are 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
Permit Regulations), the South Poway Specific Plan (SPSP), the City General
Plan, and the development policies and standards of the City in that the subject
use is allowed with a Conditional Use Permit. The facility has been designed and
sited such that it will be compatible with the surrounding development.
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, buildings, structure, or natural resources, in that the facility is
zoned for the use and has been designed to comply with City development
standards.
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Resolution No. P-09-26
Page 2
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with, adjacent uses in that adequate parking will be provided
onsite.
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 the desirable surrounding property
characteristics in that adequate parking will be provided onsite.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed use provides adequate
vehicle circulation onsite.
G. There will not be significant harmful effects upon environmental quality and
natural resources in that the site proposed for the expansion has been previously
graded and contains no natural habitat resources.
Section 3: The City Council hereby rescinds Resolution P-99-67 and approves CUP
09-02 to establish an indoor golf training facility within an existing building located at
13000 Danielson Street in the Light Industrial (L1) land use designation area/Planned
Community (PC) zone, as shown on plans dated June 3, 2009, subject to the following
conditions:
A. Approval of this Conditional Use Permit 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.
B. Within 30 days of the date of this approval, the applicant shall submit in writing
that all conditions of approval have been read and understood, and a deed
covenant with these conditions of approval shall be recorded on both of the
properties.
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
uses.
D. The terms and conditions of Conditional Use Permit 09-02 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.
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Resolution No. P-09-26
Page 3
E. Conditional Use Permit 08-06 shall be subject to annual review, as determined
by the Director of Development Services, for compliance with the conditions of
approval and to address concerns that may have occurred during the past year.
F. Building permits are required for all new tenant improvements associated with
the indoor golf training facility. All requirements deemed necessary by the
Building and Fire Departments as part of the building plan review shall be
implemented to the satisfaction of the City.
G. Signs are subject to a separate Planning Division permitting process and require
subsequent Building Permits. The applicant shall submit a separate Sign Permit
application for signs.
H. Activities and hours of operation are limited to those contained in the project
description on file with the City. Changes to the activities and hours of operation
require an amendment to the CUP and applicable review fees. Changes may at
the discretion of the Director of Development Services may be approved
administratively.
Section 4: The approval of CUP 09-02 shall expire on Auqust 4. 2011, 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 CUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 4th day of August 2009.
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ATTEST:
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Linda) royan, MMC, City Clerk
Resolution No. P-09-26
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STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-09-26, was duly adopted by
the City Council at a meeting of said City Council held on the 4th day of August 2009,
and that it was so adopted by the following vote:
AYES: BOYACK, KRUSE, HIGGINSON
NOES: NONE
ABSENT: CUNNINGHAM, REXFORD
DISQUALIFIED: NONE ~
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~LihO~A. Troyan, MMC, City Clerk
City of Poway