Cities Index.
Item 6 - CUP23-0002, Request to Establish 16,000 Sq Ft Fitness Center Within Existing Vacant Commercial Building Tenant Space at 12342 Poway Road

Poway City Council
October 17, 2023

Document
Item 6 - CUP23-0002, Request to Establish 16,000 Sq Ft Fitness Center Within Existing Vacant Commercial Building Tenant Space at 12342 Poway Road
Meeting
October 17, 2023
Body
Poway City Council
Pages
6
Original file
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Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

October 17, 2023, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
October 17, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /M
Hector Salgado, Senior Planner ~ ~
(858) 668-4656, [email protected]

CITY COUNCIL
Conditional Use Permit (CUP) 23-0002, a request to establish a 16,000 square foot fitness center within an existing vacant commercial building tenant space located at 12342 Poway Road and a determination that the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301
The applicant is requesting a Conditional Use Permit approval to establish a 16,000 square foot fitness center within an existing vacant commercial building tenant space located at 12342 Poway Road in the Commercial General (CG) land use designation of the Poway Road Specific Plan area. A large fitness center (2,001 square feet or greater) is permitted in the CG land use district with the approval of a conditional use permit.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A) approving the project and making the determination the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301.

Discussion:

The applicant is Daniel Mullin, who is processing the CUP on behalf of Planet Fitness. The property owner is CREFMA 1 Poway Town Center Owner, LLC. The subject property is located at 12342 Poway Road within the Commercial General (CG) land use designation of the Poway Road Specific Plan area (PRSP). The subject tenant space (former Big Lots store) is within the Poway Town Center commercial shopping center located at the northwest corner of the intersection of Poway Road and Pomerado Road (Attachment B). Surrounding land use consists of North Park Produce market in the adjacent commercial tenant space to the west, Dunn Edwards Paints store in the adjacent commercial tenant space to the east, single family residential development (zoned Residential Single family-4) to the north and a commercial center with Smart and Final and the 99 Cent store as major tenants across Poway Road to the south. The applicant will complete tenant improvements within the existing 16,047 square-foot space. The floor plan proposes a large open gym area along with smaller enclosed tanning and hydro lounge spaces, and separate men's and women's showers, locker rooms and restrooms (Attachment C). The proposed exterior building improvements are minor and will consist of changing out the existing glass sliding doors with new glass entry doors (Attachment D). New wall 1 of 13
October 17, 2023, Item #6
signage
will
be
installed
subject
to the
approval
of
a
sign
permit.

As
shown
on
the
project
site
plan
(Attachment
E),
the
applicant
agreed
to
complete
the
following
site
improvements
as
conditions
of
approval
of
the
project:
•
Enhance
and
supplement
landscaping
in
the
existing
landscape
planters
at
the
ends
of
the
three
traffic
aisles
located
directly
in
front
of
the
fitness
center
storefront.
•
Provide
a
compliant
accessible
connection
of
the
existing
pedestrian
path
that
extends
along
the
front
of
the
shopping
center
building
to
the
Pomerado
Road
sidewalk.
•
The
existing
driveway
approaches
along
Poway
Road
and
Pomerado
Road
will
be
made
ADA-
compliant.

Pursuant
to
Poway
Municipal
Code
Section

17.42.030,
the
proposed
fitness
center
is
required
to
have
a
minimum
of
81 parking
spaces.

A
parking
analysis
was
prepared
for
the
project
based
on
parking
demand
of
the
current
businesses
in
the
center
and
the
proposed
use.

It
was
found
that
there
is
adequate
parking
to
serve
the
proposed
fitness
center
as
well
as
the
other
businesses
in
the
commercial
center.

The
proposed
fitness
center
will
be
open
24 hours
a
day,
seven
days
a week.

Environmental
Review:

The
proposed
project
is
a
Class
1 Categorical
Exemption
from
the
California
Environmental
Quality
Act
(CEQA)
pursuant
to
Section
15301
of
the
CEQA
Guidelines,
in
that
the
project
involves
minor
alterations
to
an
existing
building
where
the
operation
of
a fitness
center
is
allowed
as
a
conditional
use
by
the
underlying
Poway
Road
Specific
Plan
land
use
designation,
the
proposed
project
consists
of
a
new
commercial
use
that
will
replace
a
previous
commercial
use
within
an
existing
building,
and
the project
will
involve
negligible
or
no
expansion
of
use
.

Fiscal
Impact:

The
proposed
development
is
anticipated
to
have
negligible
increase
in
assessment
value
and
very
little
sales
tax
revenue
due
to
Planet
Fitness'
business
model.

Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
October
5,
2023.

A
public
notice
was
mailed
to
property
owners
and
occupants
located
within
500
feet
of
the
project
site.

Attachments: A.

Resolution
B.

Zoning
and
Location
Map
C.

Proposed
Floor
Plan
D.

Southernly
Building
Elevation
E.

Site
Plan
2 of
13 October 17, 2023, Item #6
Reviewed/Approved By:
w!~,~
Assistant City Manager
3 of 13
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
October 17, 2023, Item #6
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 23-0002 TO ESTABLISH A 16,000 SQUARE FOOT

FITNESS CENTER IN A COMMERCIAL TENANT SPACE
LOCATED AT 12342 POWAY ROAD; ASSESSOR PARCEL
NUMBER: 317-153-21-00
WHEREAS, Conditional Use Permit (CUP) 23-0002, submitted by Daniel Mullin, applicant, a request to establish a 16,000 square foot fitness center in an existing commercial tenant space located at 12342 Poway Road in Commercial General (CG) land use district of the Poway Road Specific Plan (PRSP);
WHEREAS, on October 17, 2023, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against, relative to this application; WHEREAS, Section 17.48.070 of the Poway Municipal Code (PMC) establishes findings required for granting a Conditional Use Permit; and
WHEREAS, the City Council has read and considered the agenda report for the proposed Conditional Use Permit request and has considered other evidence presented at the public meeting.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: The proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, in that the project involves minor alterations to an existing building where the operation of a fitness center is allowed as a conditional use by the underlying Poway Road Specific Plan land use designation and the proposed project consists of a new commercial use that will replace a previous commercial use within an existing building and the project will involve negligible or no expansion of use.

SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve CUP 23-0002, are made as follows:

A. The location, size, design and operating characteristics of the proposed use are in accord with the General Plan, and the development policies and standards of the City in that the fitness center is allowed on a property with a land use designation of CG of the PRSP area with the approval of a CUP and will otherwise comply with all of the relevant codes and standards of the City of Poway.

B. The location, size, design, and operating characteristics of the fitness center use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the use will be conducted entirely within an existing commercial building.

C. That the scale, bulk, coverage and density is consistent with adjacent uses, in that the use will operate entirely within an existing commercial building that is part of an existing 4 of 13 ATTACHMENT A
October 17, 2023, Item #6
commercial
center.

Resolution
No
. 23-
Page
2 D.

There
are
adequate
public
facilities,
services
and
utilities
available
at
the
subject
site
to
serve
the
proposed
use
in
that
the
use
is
locating
within
an
existing
commercial
building
that
is
served
by
public
facilities
and
·services
can
be
provided
for
through
the
conditions
of
approval.

E.

There
will
not
be
a
harmful
effect
upon
desirable
characteristics
within
the
area
in
that
the
use
will
operate
entirely
within
an
existing
commercial
tenant
space
and
in
a
manner
that
is
compatible
with
surrounding
commercial
and
residential
development.

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
in
that
the
proposed
fitness
center
use
will
be
locating
within
an
existing
commercial
tenant
space
within
a
commercial
center
and
typically
the
average
daily
vehicle
trips
generated
by
a
neighborhood
commercial
center
is
greater
than
the
average
daily
vehicle
trips
generated
by
a
fitness
center.

Therefore,
there
should
be
no
increase
in
traffic.

G.

That
the
site
is
suitable
for
the
type
and
intensity
of
use
and
development
in
that
the
site
is
located
within
an
existing
commercial
tenant
space
within
an
existing
commercial
center
in
an
area
that
is
designated
as
a
(CG)
land
use
district
which
permits
the
operation
of
a
large
fitness
center
when
regulated
by
a
conditional
use
permit.

H.

That
there
will
not
be
significant
harmful
effects
upon
the
environmental
quality
and
natural
resources,
in
that
the
fitness
center
use
will
operate
entirely
within
an
existing
commercial
building
and
in
a
manner
that
is
compatible
with
surrounding
commercial
and
residential
development.

I.

There
are
no
relevant
negative
impacts
of
the
proposed
use
that
cannot
be
mitigated.

J.

That
the
impacts,
as
described
in
subsections
A
through
I of
this
Section,
and
the
proposed
location,
size,
design,
and
operating
characteristics
of
the
fitness
center
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,
in
that
the
site
has
adequate
parking
to
accommodate
the
proposed
fitness
center
use
and
all
activities
will
occur
within
the
existing
commercial
building.

K.

That
the
proposed
conditional
use
will
comply
with
each
of
the
applicable
provisions
of
this
Title.

SECTION
3:

The
City
Council
hereby
approves
CUP
23-0002
as
shown
on
the
site
plan
incorporated
herein
by
reference
and
stamped
as
"Exhibit
A"
and
dated
April
28,
2023,
on
file
in
the
Development
Services
Department,
except
as
noted
herein,
subject
to
the
following
conditions: 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
s
of
13 October 17, 2023, Item #6
Resolution
No.
23-
Page
3 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.

8. Approval
of
this
CUP
shall
apply
only
to
the
subject
project
and
shall
not
waive
compliance
with
all
other
sections
of
the
Zoning
Ordinance
and
all
other
applicable
City
ordinances
in
effect
at
the
time
of
Building
Permit
issuance.

C.

Within
30 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
reasonable
use
and
enjoyment
of
surrounding
uses.

E.

The
conditions
of
CUP
23-0002
shall
remain
in
effect
for
the
life
of
the
subject
structure
and
shall
run
with
the
land
and
be
binding
upon
future
owners,
successors,
heirs,
and
transferees
of
the
current
property
owner.

F.

CUP
23-0002 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
.

The
developer
is
required
to
comply
with
the
Poway
Noise
Ordinance
(PMC
Chapter

8.08)
requirements
that
govern
construction
activity
and
noise
levels
.

H.

All
landscaped
areas
shall
be
maintained
in
a
healthy
and
thriving
condition,
free
from
weeds,
trash
and
debris.

The
trees
shall
be
encouraged
and
allowed
to
retain
a
natural
form.

Pruning
should
be
restricted
to
maintain
the
health
of
trees
and
protect
the
public
safety.

Unnatural
or excessive
pruning,
including
topping,
is
not
permitted.

I.

All
roof
appurtenances,
including
air
conditioners,
shall
be
architecturally
intergraded,
screened
from
view
and
sound
buffered
from
adjacent
properties
and
streets
as
required
by
the
Development
Services
Department.

J.

A
minimum
of
24 feet wide
emergency
access
shall
be
provided,
maintained
free
and
clear
at
all
times
during
construction
in
accordance
with
the
Fire
Department
requirements.

K.

No
outdoor
storage,
display
or
activities
shall
occur
onsite
except
through
approval
of
the
appropriate
permits.

L.

The
activities
of
the
facility
shall
not
occur
in
such
a
manner
as
to
create
adverse
impacts
on
the
circulation
and
parking
on
surrounding
streets.

M.

The
facility
shall
be
operated
in
such
a
manner
as
to
minimize
any
possible
disruption
6 of
13 October 17, 2023, Item #6
Resolution
No
. 23-
Page
4 caused
by
noise
and
shall
comply
with
noise
standards
contained
in
Chapter

8.08 of
the
PMC.

At
no
time
shall
noise
from
any
source
exceed
the
noise
standards
defined
in
the
PMC.

N.

Prior
to
opening
of
business,
the
Applicant
shall
apply
to
obtain
a
Business
Certificate
through
the
Customer
Services
Department
of
the
City
of
Poway
.

Prior
to
a
business
Certificate,
the
Applicant
shall
comply
with
the
following:

0. 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.

P.

Any
signs
proposed
for
the
project
shall
be
designed
in
accordance
with
the
Sign
Ordinance
and
the
comprehensive
sign
program
for
Poway
Town
Center.

The
necessary
Sign
Permit(s)
and
Building
Permit(s)
approvals
for
signage
shall
be
obtained
prior
to
installation.

Q.

The
applicant
shall
obtain
a
Building
Permit
associated
with
the
proposed
project.

Prior
to
issuance
of
a
Building
Permit,
the
applicant
shall
comply
with
the
following:

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
the
Building
Permit
issuance.

2. Accessible
parking
spaces
and
access
aisles
are
required
to
be
level
(maximum
1 :48
slope)
in
all
directions
to
provide
a surface
for
wheelchair
transfer
to
and
from
vehicles.

3. The
development
shall
comply
with
the
current
addition
of
the
California
Building
Code,
California
Plumbing
Code,
California
Mechanical
Code,
California
Electrical
Code,
California
Residential
Code,
California
Fire
Code,
California
Energy
Code
and
California
Green
Code
at
time
of
submittal
to
the
Building
Division.

All
development
shall
comply
with
state
structural
calculations
and
seismic
safety
requirements.
(Engineering) 7
of
13 4.

Building
plans
shall
show
the
existing
driveway
approaches
along
Poway
Road
and
Pomerado
Road
to
be
made
ADA-compliant.

Please
show
new,
ADA­
compliant
driveways
per
San
Diego
Regional
Standard
Drawings
at
all
driveway
entrances.

The
layout
and
standard(s)
to
be
used
shall
be
noted
on
the
site
plan
.

5. Building
plans
shall
show
an
ADA-compliant
path
of
travel
from
the
building
entrance
to
the
City's
sidewalk
fronting
the
parcel.

6. The
applicant
shall
incorporate
Low
Impact
Development
(LID)
design
features
into
the
site
development.

These
shall
be
clearly
shown
and
identified
on
the
site
plan
and
be
appropriately
sized
for
the
proposed
level
of
development.

7. A
minimum
cash
security
for
erosion
control
is
required.

8. The
applicant
shall
attend
a
pre-construction
meeting
at
the
Department
of
Development
Services.

The
scheduling
request
shall
be
submitted
on
a
City
October 17, 2023, Item #6
Resolution
No
. 23-
Page
5 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.

11. Prior
to
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of~
Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance
.

This
will
be
required
to
be
approved
prior
to
building
permit
issuance.

12. The
applicant
shall
pay
all
applicable
development
impact
fees
in
effect
at
time
of
permit
issuance
.
(Planning)

13. The
six
landscape
planters
located
at
the
ends
of
the
traffic
aisles
that
are
directly
in
front
of
the
subject
tenant
space
shall
be
enhanced
and
refreshed
with
trees
and
shrubs
in
accordance
with
the
City
Landscape
and
Irrigation
Design
Manual
if the
total
square
footage
of
the
subject
landscape
planters
exceed
2,500
square
feet
landscape
and
irrigation
plans
and
the
accompany
plan
review
fees
shall
be
submitted
to
the
Planning
Division
for
review
and
approval.

Pursuant
to
Poway
Municipal
Code
Section

17.41.200
Prescriptive
Compliance
if
the
total
square
footage
of
the
six
landscape
planters
is
less
than
2,500
square
a
landscape
documentation
package
along
with
the
required
review
fees
shall
be
submitted
to
the
Planning
Division
for
review
and
approval.

R.

Prior
to
Final
Inspection:
(Engineering)
8 of
13 1.

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
.

2. 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.
(Planning) 3.

The
sign
facia
area
of
the
subject
tenant
space
shall
be
refurbished
(repaired,
painted,
etc.)
so
that
it
is
similar
to
the
adjacent
tenant
facia
to
the
satisfaction
of
the
Director
of
Development
Services
.

4. Landscaping
and
irrigation
shall
be
completed
in
accordance
with
the
approved
landscape
plan.

Any
missing
, dying
or
dead
landscaping
shall
be
replaced
and
shall
October 17, 2023, Item #6
Resolution No. 23-

Page 6 ends

be adequately irrigated and permanently and fully maintained by the Property Owner at all times.
a. The site shall be cleared of all construction materials, supplies, and equipment.

The landscaping shall be kept in a thriving condition. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner.

SECTION 4: The approval of CUP 23-0002 shall expire October 17, 2025, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council.

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.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of October 2023, by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
9 of 13
October 17, 2023, Item #6
~RR-C
RS-1
•
0 NORTH
10 of 13
-u
0 '----------1 0
~
L__-------! Q)
(U
, --------< >
I
!Rimbach Rd
0 RS-4
co
Subject Location:

APN 317-153-21
PC-8
CB
City of Poway .

Zoning / Location Map
Item: CUP23-0002
250 500

ATTACHMENT B
1,000
Feet
RR-A
-1ria Ct
D
RA
October 17, 2023, Item #6
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October 17, 2023, Item #6
Nlt(;
NOT(;
[IT[RIOII 0.CVAOONS NC> S1CK1rCE: ARE rOfl:

R(f[R(NC[ ON.Y »() WU 8C Rt'o'l[l{D lHlCII
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October 17, 2023, Item #6
PARKING PlAN LEGEND
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