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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. '.. 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. -. 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. r--. ATTEST: / I ~ I , \, .. .-/ ~ Linda) royan, MMC, City Clerk Resolution No. P-09-26 Page 4 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 ~ / ~ '-- ~LihO~A. Troyan, MMC, City Clerk City of Poway