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Res P-13-07RESOLUTION NO. P -13 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 12 -016 ASSESSOR'S PARCEL NUMBER 317 - 270-49 WHEREAS, Conditional Use Permit (CUP) 12 -016 was submitted by Mike Foster, to establish an indoor recreation use within an existing approximate 27,000 - square -foot building in the Light Industrial (LI) land use area of the Poway Business Park located at 12160 Community Road; and WHEREAS, on March 5, 2013, 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: The City Council finds that this project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it can be said with certainty that there is no possibility that the project will result in an impact on the environment. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 12 -016 are made as follows: A. The location, size, design, and operating characteristics of the proposed facility are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan, and the development policies and standards of the City in that indoor recreation use is permitted at this location with approval of a CUP. B. The location, size, design, and operating characteristics of the proposed facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the site has adequate on -site parking to accommodate the use. C. The proposed facility is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the use will be complementary to commercial retail uses located north of the site and will provide recreation opportunities for the Business Park workforce and /or their families. The facility is located within an existing building which complies with South Poway Specific Plan requirements. No changes to the building exterior are proposed. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use which is within an existing building. Resolution No. P -13 -07 Page 2 E. There will not be a harmful effect upon the surrounding property characteristics in that the site has adequate on -site parking to accommodate the proposed use. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and /or the Circulation Element of the General Plan in that the proposed facility will generate traffic within the range of other uses permitted in the LI land use area. G. The site is suitable for the type and intensity of use or development that is proposed in that the facility is within an existing building and will provide recreational opportunities for the workforce of the Business Park. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed facility is within an existing building and will not involve the removal of natural habitat resources. There are no relevant negative impacts associated with the proposed facility in that the site has adequate parking to accommodate the proposed use. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the facility will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the site has adequate parking to accommodate the proposed use and all activities will occur within an existing building. Section 3: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 4: The City Council hereby approves CUP 12 -016 to establish an indoor recreation facility as shown on the approved plans on file with the City, 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 Resolution No. P -13 -07 Page 3 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 CUP shall apply only to the subject project and shall not waive compliance with 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, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. 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 CUP 12 -016 shall remain in effect for the life of the subject facility, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. CUP 12 -016 may 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 been raised during the prior year. G. The applicant shall provide building improvements as required by the building and fire codes for the change in occupancy in this building. H. The site 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. Additional parking for the facility, if needed, may occur on adjoining properties only with the underlying property owner's consent and within improved parking areas. The applicant shall provide notice to the City of any such activity. Section 5: The approval of CUP 12 -016 shall expire on March 5, 2015, 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. Resolution No. P -13 -07 Page 4 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 5th day of March 2013. s CT�-- Don Higginson, Mayor ATTEST: Imoi P. "W Kristen M. Crane, Interim City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Kristen M. Crane, Interim City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 13 -07, was duly adopted by the City Council at a meeting of said City Council held on the 5th day of March 2013, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE 4& P, �4y Kristen M. Crane, Interim City Clerk City of Poway