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Res P-98-68RESOLUTION NO. P- 98-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 98-06 ASSESSOR'S PARCEL NUMBER 317-810-22 WHEREAS, Conditional Use Permit 98-06, submitted by Chades Jackson/Poway Sports Management requests approval to operate a volleyball recreational facility within an existing building located at 13955 Stowe Drive within the South Poway Planned Community zone. The land use designation of the property is Light Industrial; and WHEREAS, on December 8, 1998, the City Council held a duly advertised public hearing to obtain testimony both pro and con on the above described item. WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication, reservation, or otb described in this resolution begins on the effective date of this resolution and any such protest must I: that complies with Section 66020. NOW, THEREFORE, the City Council does hereby follows: he City Council finds that the previously certified Final EIR and Final Subsequent R for the South Poway Specific Plan adequately address the potential Iai impacts of the proposed development. The project' : with the South Poway Specific Plan and the Poway General Plan in that f permitted within the Light Industrial land use designation of the South Poway Planned Community zone with the approval of a conditional use permit. That the location, size and design and operating ch ~the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, or natural that the use will locate with' ~ industrial building and the majority of the peak use of the facility will be off-set from the regular peak hours of the South Poway Business Park. That the scale, bulk, coverage and density' l with adjacent uses, in that the use will be located within an existing building and the use of the facility' ~pointment basis. Resolution No. P- 98-68 Page 2 o 10. That there are available public facilities, services and utilities to serve the park in that th ~letely developed and is served by existing public 1' utilities. That there will not be a harmful effect upon desirable neighborhood ch in that the use will be located within an existing building. That the 9 :traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that the traff generated by th be readily handled by the existing roadways without impacting the existing level of service. That the site is suitable for the type and intensity of use and development proposed in that th designated for light industrial use and the facility will be operated on an appointment basis. That there will not be significant harmful effects upon the Iai quality and natural in that the use will be contained within an existing building on a fully developed site. That th mitigated. I impacts of the proposed use that cannot be That the impacts, as described above, and the location of the proposed park will not adversely affect the City of Poway General Plan for future as well as present development, in that the South Poway Specific Plan allows use at this l :h the approval of a conditional use permit. The City Council hereby approves Conditional Use Permit 98-06 subject to the following conditions: Within 30 days of approval, (a) the applicant shall submit in writing that all conditions of approval have been read and understood, (b)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 surrounding industrial and uses. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address Resolution No. P- 98-68 Page 3 concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services Department h '] complaints, the required annual review shall be set for a public hearing before the City Council, to consider modif permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the condir :1 heroin. Revised site plans and building elevat' ~orating all conditions of approval shall be submitted to the Planning Services Department prior I :building permits. Approval of this request shall not 31iance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. Prior to any use of the project site or business activity being :1 thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Diroctor of Planning Services. 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 ord ~:ect at the time of building permit issuance. The applicant shall establish sharod parking arrangements with adjacent property owners to insure adequate off-stroet parking for 1 l events held at the facility. Written d · :ion of these arrangements shall be provided to the Planning Services Department prior to the first I I being scheduled at the facility. 'EMENTS All landscaped aroas shall be maintained in a healthy and thriving condition, froe from weeds, trash, and debds. The troes shall b 3ed and allowed to rotain a natural form. Pruning should be rostricted t ' the health of the trees and to protect the public safety. Unnatural pruning, including topping, is not permitted. Resolution No. P- 98- 68 Page 4 SIGNS Any signs proposed for this development shall be designed and approved ' with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. If modifications to the existing fire sprinkler system need to be made, plans must be submitted to and approved by the fire department before the modifications are made. 2. The range in the kitchen is required to have a hood and duct fire p ./stem. Plans must be submitted to and approved by the fire department before the system is installed. 3. A f' .¢stem is required. 4. Fire extinguishers shall be distributed as follows: 1st Floor: (11 ) 2A10BC Fire extinguishers M (2) 2A10BC Fire extinguishers Kitchen: (1) 2A10BC Fire extinguisher 5. Provide any required keys for the K :y box. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 8th day of December 1998. ATTEST: Michael Resolution No. P-98-68 Page § STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby cer[ify, under the penalty of perjury, that the foregoing Resolution, No. P-98- 68 , was duly adopted by the City Council at a meeting of said City Council held on the 8th day of December 1998, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NONE NONE NONE Peoples, City Clerk City of Poway