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
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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