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Item 5 - MCUP 95-06 PCPA r- ~ AGENDA Rl... '>R.T SUMMARY TO: Honorable Mayor and Members of the City Council ... . .v-..--.- ~ - -"':1'-,.1, - James L. Bowersox, City Mana~ ~~.......=.-.;. ~ II.; net. (;i:9': . ROM: INITIATED BY: John D. Fitch, Assistant City Manager~\~ ~Ul Reba Wright-Quastler, Director of Planning Services DATE: November 7, 1995 SUBJECT: Minor Conditional Use Permit 95-06, Poway Performing Arts Company, Applicant ABSTRACT A request to operate a playhouse in a second story tenant space located within the Lively Center Commercial Plaza located at 13250 Poway Road within the Commercial General (CG) Zone. ENVIRONMENTAL REVIEW The project is not subject to CEQA. FISCAL IMPACT None. L- ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Public Notice was published in the Poway New Chieftain and mailed to 40 property owners in the project area and to all businesses within the Lively Center. RECOMMENDATION It is recommended that the City Council approve Minor conditional Use Permit 95-06 subject to the conditions in the attached resolution. ACTION : \CITY\PLANN G\ ORT\MCUP9 .:suM - liOV 7 1995 ITEM 5 . . 1 of 9 - ~ AGENDA REPORT CITY OF POW A Y TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana~ ~ INITIATED BY: John D. Fitch, Assistant City Manager~ ~~ Reba Wright-Quastler, Director of Planning Services Carol M. Rosas, Assistant Planner II DATE: November 7, 1995 MANDATORY ACTION DATE: December 15, 1995 SUBJECT: Minor Conditional Use Permit 95-06. Powav PerforminG Arts ComDanv. ADDlicant: A request to operate a playhouse in a second story tenant space located within the Lively Center Commercial Plaza located at 13250 Poway Road within the Commercial General (CG) zone. APN: 317-101-42 BACKGROUND Nancy Green and Annette Huffman of the Poway Performing Arts Company are requesting approval to operate a playhouse in a 3,667 square foot, second story suite in the Lively Center located at 13250 Poway Road. Section 17.10.080 of the Poway Municipal Code allows theaters within the Commercial General zone with the approval of a use permit. FINDINGS The Poway Performing Arts Company has been a cultural and civic presence in Poway since the spring of 1981. The Company consists of volunteers. During the past 10 years the Company has worked and performed out of the Golden West Academy located on Cynth ia Lane in the 01 d Poway area. On average the Company has presented three to four productions per year. This season, which began in July 1995, the Poway Performing Arts Company plans to present six theatrical shows. Performances will be offered Friday through Sunday, with afternoon matinees on Sundays, and evening performances beginning at 8:00 p.m. The theater will be able to seat approximately 80 patrons. ACTION: JIUV ( ~., )) 2 of 9 Agenda Report -- November 7, 1995 Page 2 Other businesses located within the Lively Center near the proposed theater suite include a restaurant, karate studio, an arcade, the County library and various reta i1 shops and offices. The theater use should be compatible with and complement many of the existing surrounding uses and development. The Performing Arts Company will be locating in an area of the City in which the proposed Poway Road Specific Plan suggests the establishment of a town center lOne. Theater type uses will be encouraged within this lone. The proposed theater complies with City development and zoning standards. Staff recommends approval of Minor Conditional Use Permit 95-06. DeveloDment Facilities - The use will not require additional exterior upgrades to the center. Adequate access and parking facilities exist on site to accommodate the theater. Conditions of approval for the project require that the theater suite be brought into compliance with current City fire safety, building and disabled access standards. ENVIRONMENTAL REVIEW The project is not subject to CEQA. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Public notice was published in the Powav News Chieftain and mailed to 40 property owners in the project area and to all businesses within the Lively Center. RECOMMENDATION It is recommended that the City Council approve Minor Conditional Use Permit.95- 06 subject to the conditions in the attached resolution. JLB:JDF:RWQ:CMR:kls Attachments: A. Proposed Resolution B. Zoning and Location Map C. Site Plan D. Floor Plan E:\CITY\PLANNING\REPORT\MCUP9506.AGN NOV 7 1995 ITEM 5 3 of 9 ~._---- ~---- -.--.-- -_.- RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 95-06 ASSESSOR'S PARCEL NUMBER 317-101-42 WHEREAS, Minor Conditional Use Permit 95-06, submitted by Poway Performing Arts Company, Applicant, requests approval to operate a playhouse in the Lively Center located at 13250 Poway Road within the Commercial General zone; and WHEREAS, on November 7, 1995, the City Council held a hearing on the above referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinas: The City Council finds that this project is not subject to the California Environmental Quality Act. Section 2: Findinas: l. The project is consistent with the general plan in that a playhouse is considered to be a compatible use in the Commercial General zone. 2. That location, size, design, and operating characteristics of the use are in accordance with the title and purpose of this resolution, the purpose of the land use designation in which the site is located and the Poway General Plan. 3. That 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, residents, buildings, structures, or natural resources, in that the use will be located within an existing commercial building. 4. That harmony in scale, bulk, coverage, and density is consistent with adjacent uses, because the use will be located within an existing building. S. That there are available public facilities, services and utilities, because the use will be located in an existing commercial building. 6. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the use wi 11 be located inside of a building. 7. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element, in that the use will operate within a commercial center where existing street improvements and off-street parking are adequate. 8. That the site is suitable for the type and intensity of designated use, in that it is in an area designated for general commercial uses and the operating hours of the use are offset from the peak business hours of the majority of other uses within the center. NOV 7 ITEM .5 .. 4 of 9 ATTACHMENT A 1995 Resolution No. P- Page 2 g. That there will not be significant harmful effects upon environmental quality and natural resources in that the use will be contained with an existing building on a fully developed site. 10. That there are no other relevant negative impacts of the use that cannot be mitigated. Section 3: Citv Council Decision: The City Council hereby approves Minor Conditional Use Permit 95-06 subject to the following conditions: 1. Within 30 days of approval (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 on Real Property. 2. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. The Planning Services Department shall conduct an annual review of Minor Conditional Use Permit 95-06 for compliance with the condition~ of approval. . If the department has received complaints, or the use is not in compliance, the review will be forwarded to the Council, who may add conditions to the permit or amend existing conditions of approval. SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Prior to the onset of business activity, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 3. Approval of this request 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. 4. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. 5. Disabled access must be provided throughout the facility for both employees and customers. 6. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. NOV 7 ITEM 5 , 1995 5 of 9 -- I Resolution No. P- Page 3 llill Any signs proposed for this use shall be designed and approved in conformance with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COIIPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. l. All exit doors, including the door(s) leading to the north exit and the landing on this exit, require panic hardware devices. In the event the gate at the bottom of the stairs remains, panic hardware shall also be installed. 2. The subject tenant space shall be retrofitted to comply with Poway Fire Department standards in the areas of exiting signage, emergency lighting, the fire sprinkler system, and knox box installation. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 7th day of November 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. , was duly adopted by the City Council at a meeting of said City Council held on the day of , 1995, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K. Wahlsten, City Clerk City of Poway E:\CITY\PLANNING\REPORT\MCUP9506.RES ITEM " .-.4 NOV 7 1995 6 of 9 , - - r---' ..L ~ :.'........ .....<'.'. -:.' "'-'-'-';r~ 81/'-. '/ I R ~:. .,~; " '" _I il1r...lI'-. R .P '" MHP ~,,, A g:;~ .... " '. R ~ I~-'~/A. _(mn .. r~ :; ~ II I - ~\ :R-;blil . ~ \?/ . ~ ROO,: ~ r \ \ ~ - ~ " ff A (\\":,"~ R. ... .J f) h A ~ lit.: j ~ ~~Jj RFl-C .2 f1!"RA ~.. 'r",: ~t ~~. r;;:;1 ~ WililI!l _ k'ff!. 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S ~ Neva 'JI ellfe . 13252 poway Rd. 212 W - /3':'Sc'{ I 1200 Marsh 'Storage ,....~.:',. {. ':::or Ihlr IO.Itb!t8 720 \,,:......>...t- , Alnmt tet'ndtt. 720 cd b} - - - [~ '~ ~ g-;; C4 .y i -- '::r t1 1lI_ wi ~~ ~, ~f:1 ,J en . '< , , Ii I ~~[ ;J .~'.; - . R - ~g "I <; & ;:,-g ~ l- I '< ~ ' 6657 2650" I 8169 4920 2870 2706 984 ..' m=" 5 TTACHMENT C tiOV 7 1995 8 of 9 I ~ - ..--.- -. -----.. . Pram:....... T.1!IiI.,d TD: Annett. Huf"fnwn ~:....~ Time: 12:08:. P..,." on \ - : : Stage House , Stage Storage .- .. Storage Manager .-.......... Props .- Add door I- Hot T~ Wat>:r Ialer Remove 2.5 Walle Women's Men's Work Restroom Restroom Room Green I Room Costume Entrance Storage Flat I Hospitality Storage Women's Office I ~' Dressing Room '- .// Men's '-- Dressing -Add 11 '1 0" wall Room A TT ACHMENT 0 ... ITEM .5 .\ 9 of 9 NOV 7 1995 -