Item 5 - MCUP 95-06 PCPA
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AGENDA Rl... '>R.T SUMMARY
TO: Honorable Mayor and Members of the City Council ... . .v-..--.-
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- James L. Bowersox, City Mana~ ~~.......=.-.;. ~
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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.
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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
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~ 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:
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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.
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Attachments:
A. Proposed Resolution
B. Zoning and Location Map
C. Site Plan
D. Floor Plan
E:\CITY\PLANNING\REPORT\MCUP9506.AGN
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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 ..
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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
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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
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MCUP 95-06
CITY OF POW A Y ITEM:
ZONING AND LOCATION
f1\::\ TITLE: MAP
'8 BCALE: NO~ ATTACHMENT: B.
7 of 9 NOV 7 1995 ITEM 5 .
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TTACHMENT C tiOV 7 1995
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Pram:....... T.1!IiI.,d TD: Annett. Huf"fnwn ~:....~ Time: 12:08:. P..,." on
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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
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Men's '--
Dressing -Add 11 '1 0" wall
Room
A TT ACHMENT 0
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