Res P-15-10RESOLUTION NO. P -15 -10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 14 -019
ASSESSOR PARCEL NUMBER 317 - 223 -31
WHEREAS, the City Council considered Conditional Use Permit (CUP) 14 -019; a
proposal to establish an approximately 47,000- square -foot indoor ice skating arena,
training facility and offices within an existing industrial building at 12455 Kerran Street,
in the Light Industrial (LI) Land Use Designation area of the South Poway Specific Plan
(SPSP); and
WHEREAS, on March 17, 2015, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 14 -019 to establish an indoor ice skating arena,
training facility and offices at 12455 Kerran Road are made as follows:
A. The proposed location, size, design, and operating characteristics of the indoor
ice skating arena, training facility and offices are in accord with the title and
purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the Poway
General Plan, and the development policies and standards of the City, in that an
indoor recreational facility in the LI Land Use Designation of the SPSP area is
allowed with the approval of a CUP.
B. The location, size, design, and operating characteristics of the indoor ice skating
arena, training facility and offices will be compatible with, and will not adversely
affect or be materially detrimental to, adjacent uses, buildings, or structures in
that the use will be conducted within a building.
C. That the harmony in scale, bulk, coverage and density of the indoor ice skating
arena, training facility and offices is consistent with adjacent uses in that the
project is similar in scale to other surrounding industrial and office development.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the indoor ice skating arena, training facility and offices. No new
utilities are proposed.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the indoor ice skating arena, training facility and offices are
located within an existing building surrounded by industrial and office uses.
Resolution No. P -15 -10
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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. The business would provide adequate off - street parking for cars.
G. The site is suitable for the type and intensity of the proposed development in that
the indoor ice skating arena, training facility and offices would be contained in an
existing building surrounded by industrial and office uses, and is appropriate to
the purpose of the LI Land Use Designation area, in which the site is located,
with the approval of a CUP.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the chiller units will be located indoors, the Zambonis
will be electrical, and wastewater from the ice cleaning activities will be disposed
of into the sewer system. The site is fully developed and no natural resources
exist.
There is no relevant negative impact associated with the operations of the ice
skating arena, training facility and offices. A Negative Declaration was prepared
that determined the project would result in no or less than significant impacts.
J. The potential impacts, as described in subsections A through I of this Section,
and the proposed location, size, design, and operating characteristics of the ice
skating arena, training facility and offices, and the conditions under which it
would be operated or maintained, will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity, nor be contrary to the adopted General Plan or the SPSP, in that the
associated activities will be conducted indoors.
K. The proposed indoor ice skating arena, training facility and offices will comply
with the applicable provisions of the Zoning Ordinance and the SPSP.
Section 2: The findings, pursuant to Government Code Section 66020, for the public
improvements for CUP 14 -019 are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project.
B. In accordance with the Poway General Plan, the project requires the payment of
applicable development impact fees, which are assessed on a pro -rata basis to
finance public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
Section 3: The City Council hereby approves CUP 14 -019 as shown on the plans
and project description on file with the City, subject to the following conditions:
Resolution No. P -15 -10
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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
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 request shall apply only to the subject project, and 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.
Additionally, the project shall comply with the stipulations contained in the
applicant's submitted operational statement on file with the City.
C. Within 60 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 14 -019 shall remain in effect for the life of the subject use
and shall run with the land and be binding upon future owners, successors, heirs,
and transferees of the current property owner.
F. CUP 14 -019 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. Proposed signage shall be in accordance with the Poway Sign Ordinance; the
necessary permits and approvals shall be obtained for any signage proposed
prior to installation.
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H. The applicant shall obtain a Building Permit prior to construction. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
(Planning)
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
2. 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.
3. The applicant shall contact the Poway Unified School District 858-
679 -2570) to verify if school impact fees are required. If required, the fees
shall be paid at the rate established at the time of Building Permit
issuance.
4. All architectural details shown on the approved CUP plans shall also be
shown on the building plan check submittal. Modifications to the building
or site design details on the approved CUP plans may require approval of
a CUP revision.
5. If new roof - mounted equipment is proposed, the building plans shall
include elevations and cross sections that show all new roof
appurtenances, including air conditioning, architecturally integrated,
screened from view, and sound buffered from adjacent properties and
streets, to the satisfaction of the Director of Development Services.
6. Landscape and irrigation plans shall be submitted and approved. The
landscape and irrigation plans shall demonstrate compliance with the City
of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC,
the SPSP, and all other applicable standards and ordinances in effect at
the time of landscape and irrigation plan submittal. The landscape and
irrigation plan submittal is separate from other project plan check
submittals, and is made to the Planning Division. Landscape and irrigation
plan review fees are required and are the responsibility of the applicant.
To the satisfaction of the Director of Development Services, the landscape
plans shall also provide irrigation, and plant sizes and species for new
landscape areas and existing areas to be refurbished, including, but not
limited to, the addition of a minimum of nine trees.
(Engineering)
7. A minimum cash security of $2,000 is required for erosion control.
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8. The applicant shall attend a pre- construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer.
The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control will
be discussed. Compliance for sediment control shall be provided as
directed by the project inspector.
9. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
control devices throughout their intended life.
10. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$2,636.
11. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. Listed below are estimates of the current
applicable fees and amounts:
a. Traffic $16,270
b. Sewer $5,760
The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
1. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
contact the Division of Fire Prevention at 858 - 668 -4470 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. Roof covering of the existing building and the canopies in the activity
areas shall be fire retardant as per PMC 15.04.050, and City of Poway
Ordinance No. 64 and its amended Ordinance No. 526.
3. The building shall display the approved numbers and /or addresses in a
location plainly visible and legible from the street or roadway fronting the
property from either direction of approach. Said numbers shall contrast
with their background and be a size between six (6) inches (minimum) and
18- inches (maximum). The building address shall also be displayed on the
roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff Department - ASTREA criteria.
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4. The building's fire sprinkler system shall meet PMC requirements. The
entire system is to be monitored by a central monitoring company and
backflow valve assemblies with tamper switches shall be monitored.
Relocation of six or more sprinkler heads shall require a separate plan
submittal and approval by the fire department. A water analysis will not be
required.
Advisory
The applicant is encouraged to evaluate the underground components of
the fire sprinkler system. The City of Poway requires that anytime an
underground water supply system for an existing fire protection system
fails, including maintenance, testing, and seismic failures, the fire
protection system shall be retrofitted with backflow protection devices.
5. A properly licensed contractor shall install an automatic fire alarm system
to approved standards. System shall be completely monitored by a U.L.
listed central station alarm company or proprietary remote station.
6. A properly licensed contractor shall install an automatic fire alarm system
to approved standards. System shall be completely monitored by a U.L.
listed central station alarm company or proprietary remote station.
7. Rack storage in excess of 8 -feet in height requires a Building Division
permit for installation.
8. Proposed chiller and accessory equipment shall meet applicable
requirements of National Fire Protection Association (NFPA).
J. Prior to issuance of the Certificate of Occupancy:
1. 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 appropriate City departments will be
required.
(Engineering)
2. All utility services shall be installed and completed by the applicant, and
inspected and approved by the Engineering Inspector. All new utility
services shall be placed underground.
3. An adequate drainage system shall be provided around the building pad
capable of handling and disposing all surface water to the satisfaction of
the Engineering Inspector.
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4. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from
this project.
K. Upon establishment of the indoor ice skating arena, training facility and offices
pursuant to CUP 14 -019, the following shall apply:
(Planning)
1. The activities shall comply with the stipulations contained in the applicant's
submitted operational statement on file with the City.
2. The owner or operator of the indoor ice skating arena, training facility and
offices shall routinely and regularly inspect the site to ensure compliance
with the standards set forth in this permit and in accordance with the
applicant's operational statement on file with the City.
3. No loudspeaker sound amplification system shall be used to produce
sounds in violation of the Noise Ordinance, including telephone, electric
bell, or chime system.
4. All landscaping onsite and within the adjacent public right -of -way shall be
adequately irrigated, and permanently and fully maintained by the owner
at all times in accordance with the requirements of the City of Poway
Landscape and Irrigation Design Manual. The trees shall be encouraged
and allowed to retain a natural form. Pruning should be restricted to
maintain the health of the trees and to protect the public safety. Trees
should be trimmed or pruned as needed to develop strong and healthy
trunk and branch systems. Tree maintenance and pruning shall be in
accordance with "American National Standard for Tree Care Operations"
latest edition (ANSI A300). Trees shall not be topped and pruning shall not
remove more than 25% of the trees' leaf surface.
5. The parking areas, driveways and landscape areas shall be well
maintained.
6. Spectator seating shall not be provided without prior City approval of a
modification of the CUP.
Section 4: The approval of CUP 14 -019 shall expire on March 17, 2017, 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 prior to its expiration.
Section 5: 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.
Resolution No. P -15 -10
Page 8
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 17th day of March 2015.
Steve Vaus, Mayor
ATTEST:
Sheila R. obian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -15 -10 was duly adopted by
the City Council at a meeting of said City Council held on the 17th day of March 2015,
and that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
&a�R' 004, �' —
Sheil R. Cobian, MC, City Clerk
City of Poway