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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. Resolution No. P -10 -05 Page 2 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 Resolution No. P -10 -05 Page 3 (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, Page 4 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: Resolution No. P -10 -05 Page 5 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