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Res P-91-25NO. P-91-25 A OF THE CITY COUNCIL OF THE CITY OF POWAY, APPROVING CONDITIONAL USE PERMIT 91-03 PARCEL NUMBER 317-225-04 Conditional Use Permit 91-03, submitted by Shell Scott, Batters Box, applicant, requests approval to operate indoor batting cages within an existing building located at 12528 Court, in the Planned Community zone; and on April 23, 1991, the City Council held a duly ~ public hearing to solicit comments from the public, both pro and con, relative to this application NOW, the City Council does hereby resolve as follows: Section 1: Environr : This project CEQA (Class st is categorically exempt under the p 1), minor of of Section 2: : The proposed pr Ject will be consistent with the existing general plan an specific plan, and there is a reasonable probability fha the project will be consistent with the proposed genera plan. T e proposed location, size, design, and operating aracteristics of the proposed use are in accord with e title and purpose of this the purpose of e land use designation in which the site is located, e Poway General Plan and the South Poway Specific Plan. That the locat on, size, design, and o er ting characteristics o the proposed use will be co pa ible with and will no adversely affect or be ma er ally detrimental to a jacent uses, residents, bu ld ~gs, structures, or natural , in that the use wi be located within an existing industrial building. That t e harmony in scale, bulk, coverage, and density is consis ent with adjacent uses, because the use will be locate within an existing building and be operated on an appoin ment only basis. That there are available public facilities, , and utilities, because the use will be located in an existing industrial building. No. P-91-25 Page 2 That there will not be a harmful effect upon desirable neighborhood characteristics, in that the use will be located inside a building. That the generation of traffic will not adversel' impact the surrounding streets and/or the City's Cir ulation Element, in that the use will operate out of a siness park where existing street improvements and of -street parking are adequate. St That the site is suitable for the type and intensity of designated use which is proposed, in that it is in an area for light industrial uses and the business will operate on an appointment only basis. That there will not be significant harmful effects upon environmental quality and natural in that the use will be contained within an existing building on a fully developed site. That there are no other negative impacts of the proposed use that cannot be mitigated. ouncil Decision: The City Council hereby approves subject to the following conditions: Use Permit 91-03 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. 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 ~ light industrial uses. SHALL CONTACT THE OF WITH THE The Planning Services Department shall conduct an annual review of i Use Permit 91-03 for compliance with the conditions of approval. If the department has received complaints, or the use is not in compliance, the review will be f to the Council, who may add to the permit or amend existing conditions of approval. In the event noise emanating from the use becomes a nuisance to the adjacent tenants (the City receives complaints), the applicant shall have a noise study promptly prepared. The Resolution No. P-91-25 Page 3 Planning Department will d whether the project complies with City Noise Standards. If noise mitigation is found y, the applicant shall comply. The applicant shall obtain a business license from the Department prior to of activity. The applicant shall obtain an approved temporary use permit for any on-site outdoor promotional events. SITE Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. Appr val of this request shall not waive compliance with all sect ons of the Zoning Development Code and all other appl cable City Ordinances in effect at the time of building perm t Prior to any use of the project site or business activity being ~ thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning SIGNS Any signs proposed for this development shall be designed and approved in with the Sign Ordinance. SF~ALL CONTACT THE WITH THE OF SAFETY 1. Provide a key for suite to put in "Knox Box". 2. Provide one 2A:10BC fire extinguisher. Any changes/modification to the suite that interferes with fire sprinkler operation shall be corrected. The referenced conditions shall be inspected at the time of occupancy. AND The conditional use permit shall lapse and shall become void April 23, 1993 if the site has not been occupied in accordance with the conditional use. Page 4 No. P-91-25 and by the City Council of the City of Poway, State of California, this 23rd day of April 199~. { .ds ': ye ATTEST: -~'-d~r~ STATE OF ) ) 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 P-91-25 , was duly adopted ~,~he City Council at a meeting o~ said City Council held on the.w_ day of April , 1991, and that it was so adopted by the following vote: AYES: NOES: ABSENT: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NONE NONE NONE MarJ o~'ie ~K y , City d~f~ ~way REPORT\