Res P-10-05RESOLUTION NO. P -10 -05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA, APPROVING
MINOR CONDITIONAL USE PERMIT 09 -04
ASSESSOR PARCEL NUMBER 317 - 271 -20
WHEREAS, Minor Conditional Use Permit 09 -04 was submitted by Don
Cunnyngham, Applicant: A proposal to establish a 3,300- square -foot martial arts
training center within an existing multi- tenant building located at 12170 Tech Center
Drive, on property designated for Light Industrial land use within the South Poway
Planned Community zone, and
WHEREAS, on February 2, 2010, a duly advertised public hearing was held 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 a change in use in existing facility.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for the approval of Minor Conditional Use Permit 09 -04,
a proposal to establish a 3,300- square -foot martial arts center within an existing
multi- tenant building located at 12170 Tech Center Drive, on property designated for
Light Industrial land use within the South Poway Planned Community zone, are made
as follows:
A. The location, size, design, and operating characteristics of the proposed martial
arts center 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 indoor recreation uses are allowed with a Minor 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 martial arts center
will be compatible with, and will not adversely affect or be materially detrimental
to, adjacent uses, buildings, structures, or natural resources, in that the facility is
zoned for the use and has been designed to comply with City development
standards.
C. The proposed martial arts center 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 and a student drop -off program will be implemented to
minimize parking demand.
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D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed martial arts center.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that adequate parking will be provided onsite and the business
will operate off -peak from the normal weekday daytime business hours of the
surrounding light industrial uses.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the subject property provides
adequate vehicle circulation onsite.
G. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed site is completely developed and contains
no natural habitat resources.
Section 3 : The City Council hereby approves Minor Conditional Use Permit 09 -04,
a proposal to establish a 3,300- square -foot martial arts center within an existing
multi- tenant building located at 12170 Tech Center Drive, on property designated for
Light Industrial land use within the South Poway Planned Community zone 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 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 Minor Conditional Use Permit 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.
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
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(2) the property owners shall execute a Covenant Regarding Real Property
which states that the applicant must abide by the conditions contained in this
Resolution.
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
uses.
E. The conditions of this MCUP shall remain in effect for the life of the project, and
shall run with the land and be binding upon future owners, successors, heirs,
and transferees of the current property owner.
F. Minor Conditional Use Permit 09 -04 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. Building Permits are required for all new tenant improvements associated
with the martial arts center. Egress and disabled accessibility is required. 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.
H. Activities, hours of operation and class size are limited to those contained in the
project description on file with the City. Changes to the activities, hours of
operation or class size will require a modification to the MCUP and payment of
applicable fees. Changes may be approved administratively at the discretion of
the Director of Development Services.
To minimize potential traffic /parking impacts, not more than two classes shall be
scheduled to occur during the same time period and the maximum class size
shall not exceed ten students.
J. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. The building shall display its numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be eight
inches on the front fagade of the building.
2. A "Knox" Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
3. A rated separation wall between the existing use and the proposed martial
arts center is required as defined by the California Building Code.
Resolution No. P- 10 -05,
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4. The building has an installed and approved fire sprinkler system meeting
Poway Municipal Code requirements. A tenant improvement sprinkler
plan shall be submitted to the Fire Department, and approved, prior
to any sprinkler modifications in excess of six sprinkler heads. The
improvements shall comply with the Poway Municipal Code requirements.
There is a separate fee for fire sprinkler plan check and inspection
services.
K. If the martial arts school use for which MCUP 09 -04 was issued terminates or
ceases operation for a continuous period of time in excess of 180 calendar days,
except for: (1) Destruction or damage by acts of God; (2) destruction or damage
by malicious acts; or (3) remodeling or rehabilitation requiring prolonged closure,
and such remodeling or rehabilitation shall be continuously and diligently
pursued; that use shall expire, and shall thereafter be of no further force or effect.
Section 4 : The approval of Minor Conditional Use Permit 09 -04 shall expire on
February 2, 2012, at 5:00 p.m. unless, prior to that time, use 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 2nd day of February 2010.
T
Don Higginson, Mayor
ATTEST:
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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- 10 -05, was duly adopted by
the City Council at a meeting of said City Council held on the 2nd day of February 2010,
and that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Linda fy. Troyan, MMC, City Clerk
City of Poway