Item 4 - CUP 00-17(M) Resurrection Community Church
AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
INITIATED BY: Niall Fritz, Director of Development Services ~
DATE: Ma~h1,2005
SUBJECT: CUP 00-17(M), Resurrection Community Church; APN: 317-640-52
ABSTRACT
This is a one-year status update on the approved preschool and expanded church hours of operation
at the Resurrection Community Church located at 12730 Elmpark Lane, within the Residential Single-
Family 7 (RS-7) zone, as required by the conditions of approval of CUP 00-17(M). The intent of the
update is to determine whether the approved Elmpark Lane drop-off/pick-up location and extended
hours of operations have caused noise impacts within the neighborhood, and whether the church has
complied with conditions of approval. The preschool has not yet started, but is scheduled to begin
operations in a few months. Staff is recommending that a report be brought back after the pre-school
has been in operation for 6 months. Contact with a neighbor who spoke at the August 19, 2003,
public hearing has indicated that church operations have not caused any impacts to the
neighborhood.
ENVIRONMENTAL REVIEW
This report is not subject to CEQA.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of the staff report has been provided to the Resurrection Community Church and the neighbor
on Elmpark Lane who expressed a concern at the AUQust 19, 2003, City Council meetinQ.
RECOMMENDATION
It is recommended that the City Council direct staff to submit a status report 6 months from the date
that the preschool operations beain.
ACTION
M:lplanningI05reportlcupIOO-17(M) Resurrection Churchlsum.doc
March 1, 2005 Item # I.{
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CITY OF POWAY
AGENDA REPORT
TO:
DATE:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~
Niall Fritz, Director of Development Services I P
Patti Brindle, City Planner p.r ~
Oda Audish, Associate Planner ~
March 1, 2005
FROM:
INITIATED BY:
SUBJECT:
Modification to Conditional Use Permit (CUP) 00-17(M), Resurrection
Community Church, Applicant/Owner: A one-year status update on
the approved preschool and expanded church hours of operation at
the Resurrection Community Church located at 12730 Elmpark Lane,
within the Residential Single-Family 7 (RS-7) zone.
APN: 317-640-52
BACKGROUND
On August 19, 2003, the City Council approved a modification to the existing CUP
(CUP 00-17(M)) for Resurrection Community Church to establish a preschool and to
extend the church's hours of operation to accommodate the preschool and other church-
related activities (Resolution P-03-53, Attachment A). The approximately 3.2-acre church
site is located at 12730 Elmpark Lane, within the Residential Single-Family-7 (RS-7) zone
(Attachments B and C).
The City Council's approval of CUP 00-17M allowed the church to operate a preschool for
15 children within the church's existing community building and to use either of its parking
lots off of Elmpark Lane and Silver Lake Drive for drop-off and pick-up locations of the
children. However, if the Elmpark Lane drop-off and pick-up location was determined to
negatively affect the neighborhood, the church would be limited to use of the Silver Lake
Drive parking lot for pick-up and drop-off.
On February 17, 2004, the City Council received a six-month status update. Since the
preschool had not yet opened, and there were no neighborhood complaints related to the
expanded hours of operation for other church-related activities, the City Council voted to
receive a status update in one year.
Based on a conversation with Father Gary Crandall of the Resurrection Community
Church, the preschool has not yet started but is scheduled to begin operations in a few
months.
2 of 13
March 1, 2005 Item # L/
Agenda Report
March 1, 2005
Page 2
Staff has also spoken with the neighbor on Elmpark Lane who, at the City Council
meeting of August 19, 2003, expressed a concern about the then-proposed preschool
and extended hours of operations because of potential negative noise and traffic impacts
in the neighborhood. The neighbor told staff that since the City Council meeting,
activities at the church site have not created a nuisance in the neighborhood. The City's
Code Compliance officers have not received any complaints related to the Resurrection
Community Church.
Because the preschool has not yet started, staff has not been able to evaluate whether
the Elmpark Lane drop-off and pick-up location will negatively affect the neighborhood.
Therefore, staff is recommending that another update on the Resurrection Community
Church be brought to the City Council for consideration in one year to allow the church
time to establish and operate the preschool. Per Resolution P-03-53, the approval to
establish a preschool within the church facility shall expire on August 19, 2005, unless
prior to that time the use has been established.
ENVIRONMENTAL REVIEW
This report is not subject to CEQA.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of the staff report has been provided to the Resurrection Community Church and
the neighbor on Elmpark Lane who expressed a concern at the August 19, 2003, City
Council meeting.
RECOMMENDATION
It is recommended that the City Council direct staff to submit a status report 6 months
from the date that the preschool operations begin.
Attachments:
A. Resolution P-03-53, approving CUP 00-17(M)
B. LocationlZoning Map
C. Reduced Site Plan
M:\planning\05report\cup\OO-17(M) Resurrection Church\agd.doc
3 of 13
March 1, 2005 Item # ~
RESOLUTION NO. P- 03-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION TO CONDITIONAL USE PERMIT 00-17(M),
A REQUEST BY THE RESURRECTION COMMUNITY CHURCH
TO ESTABLISH A PRESCHOOL AND EXPAND THE HOURS OF OPERATION
AND RESCINDING RESOLUTION NO. P-00-63
APN: 317-640-52
WHEREAS, on August 15, 2000, the City Council approved Conditional Use Permit 00-
17 establishing a church (Resurrection Community Church) on a 3.2-acre site located
at 12730 Elmpark Lane within the Residential Single-Family-7 (RS-7) zone, pursuant to
Resolution No. P-00-63; and
WHEREAS, an application for a modification to Conditional Use Permit 00-17(M) was
submitted by Resurrection Community Church, applicant and owner, to establish a preschool
for 15 children within the church's existing community room and to expand the church's hours
of operation to accommodate the preschool and church-related activities in the evening, and
WHEREAS, on August 19, 2003, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BElT RESOLVED the City Council does hereby resolve as
follows:
Section 1: The City Council finds that this project is Categorically Exempt from the
California Environmental Quality Act as a Class 3, pursuant to Section 15303 of the CEQA
Guidelines, because the project involves the conversion of an existing small building to a
preschool and the development of a small playground. No exterior modifications are proposed
to the building.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for the modification to Conditional Use Permit 00-17 to establish a preschool for 15
children and to extend the hours of operation of the church located at 12730 Elmpark Lane
within the Residential Single-Family-7 (RS-7) Zone, are made as follows:
A. The location, size, design, and operating characteristics of the church and preschool,
and the extended hours of operation are in accord with the title and purpose of Chapter
17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the RS-7
zone, the City General Plan, and the development policies and standards ofthe City in
that preschool and church uses are allowed with a Conditional Use Permit.
B. The location, size, design, and operation characteristics of the church and preschool
will be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, residents, buildings, structure, or natural resources in that the number of
students at the preschool will be limited to 15 and the facility will be located within an
existing building.
4 of 13
ATTACHMENT A
March 1, 2005 Item # 4
Resolution No. P-03-53
Page 2
C. The church and preschool are in harmony with the scale, bulk, coverage, and density
of, and is consistent with, adjacent uses in that the preschool will occupy an existing
building whose design is consistent and complimentary to surrounding buildings. The
playground will be located adjacent to the church and screened from neighboring
residences by an existing wall.
D. There are adequate public facilities, services, and utilities available at the subject site
to serve the church and preschool.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the church and preschool will occupy existing buildings. The
surrounding neighborhood will be able to participate in the preschool and other
activities occurring as a result of extending the hours of operation.
F. The generation of traffic will not adversely impact the capacity and physical character
of the surrounding streets in that the church does not operate at peak traffic hours, the
preschool will only have 15 children, and the use provides on-site parking as required
by the zoning code requirements. Drop-off and pick-up of children will occur within the
parking lot. The extended hours of operation will not increase the current traffic levels
in the neighborhood because the number of attendees at the potential new church
related functions are limited by the capacity of the existing church sanctuary and
community room currently in use.
G. The site is suitable for the type and intensity of the proposed use and development in
that the church and preschool use are located within an existing church facility that has
the capacity for a preschool and playground.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the church and preschool are located on a previously developed
property, and does not involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the church and preschool
that cannot be mitigated.
J. The potential impacts, and the proposed location, size, design, and operating
characteristics of the church and preschool will not be materially injurious to properties
or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the
church and preschool has been designed and sited to comply with the Poway Zoning
Code and the General Plan.
K. The church and preschool will comply with all the applicable provisions of Chapter
17.48 of the Poway Municipal Code.
Section 3: The findings, in accordance with Government Code Section 66020 for the public
improvements, are made as follows:
5 of 13
March 1, 2005 Item # '-I
Resolution No. P-03-53
Page 3
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 services and facilities will be available to serve the project. The provision of
public improvements and payment of traffic impact fees are needed as a result of the
proposed development to protect the public health, safety and welfare.
Section 4: The City Council hereby approves CUP 00-17(M) to establish a preschool for 15
children in conjunction with an existing church previously approved under this CUP and to
extend the hours of operation of the church located at 12730 Elmpark Lane within the RS-7
Zone, as shown on the plans dated July 12, 2000, and June 2, 2003, subject to the following
conditions:
A. Approval ofthis 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.
B. Within 30 days of the date ofthis approval: (1) the applicant shall submit in writing that
all conditions of approval have been read and understood; and, (2) the property owners
shall execute a Covenant Regarding Real Property.
C. 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.
D. The conditions of CUP 00-17(M) shall remain in effect for the life of the subject church
and related uses, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. Within six (6) months of the date of this approval, the Director of Development Services
shall submit to the City Council a staff report on the preschool operation and the
extended hours of operation and their compliance with the conditions of approval and
the Poway Municipal Code.
F. CUP 00-17(M), and any revision thereto, may be subject to annual review as
determined by the Director of Development Services for compliance with the conditions
of approval and to address concerns that may have been raised during the prior year.
G. Prior to establishment of Phases 3 and 4 as shown on the plans dated July 12,2000,
for CUP 00-17 approved by City Council Resolution P-00-63, an amendment to this
permit, with review by the City Council at a public hearing, is required
H. Any changes in the approved use of the site, including, but not limited to, the hours of
operation, the number of students, reduction in parking, activities that would modify the
parking requirement, will require the approval of a modification to this Conditional Use
Permit. Depending upon the scope of such changes, at the discretion of the Director of
6 of 13 March 1, 2005 Item # '-f
Resolution No. P-03-53
Page 4
Development Services, said modification may be processed administratively or may be
referred to the City Council for a public hearing.
I. A 20-foot-wide path shall be provided from the preschool exit to the public right-of-way
to the satisfaction of the Director of Development Services.
J. The drop-off and pick-up location of the children may be conducted within the parking
lots off of Elmpark Lane and Silver Lake Drive. If the Elmpark Lane drop-off and pick-
up location negatively affects the neighborhood as determined by the Director of
Development Services, the drop-off and pick-up location shall be limited to the Silver
Lake Drive parking lot.
K. A 6-foot-high, black, vinyl-coated, chain-link fence shall be provided around the
playground to the satisfaction of the Director of Development Services.
L. Prior to the operation of the preschool, the following shall apply:
1. The applicant shall prepare a landscape maintenance plan for the church
property, including, but not limited to, the park area along Silver Lake Road and
the borders of both parking lots. This is to ensure that the landscaping will be
adequately irrigated, and permanently and fully maintained by the owner at all
times.
2. The applicant shall submit to the Planning Division a revised site plan that
shows the 20-foot-wide exit path, landscape strip, fencing, and drop-off and
pick-up location as required by this resolution.
3. The following development fees shall be paid to the Engineering Services
Department within 30 days of approval of this application. These fees are
currently in effect and are subject to change:
Traffic MitiQation Fee
The traffic mitigation fee for the preschool is as follows:
(3.2 acres - 0.5 acre credit for the pastoral house)(60 trips/acre)($66.00Itrip)(O.2S)
+ (1.5 trip/student)(15 students)($66.00 per trip)(0.25) =
(2.7)(60(66)(0.25) +
(1.5)(15)(66)(0.25)
=
($2,673.00) + ($371.25) ($780.00) = $2,264.25
Traffic mitigation fees previously paid on this property totals $780.00
7 of 13
March 1, 2005 Item # 4-
Resolution No. P-03-53
Page 5
M. The applicant shall comply with the following requirements to the satisfaction of the
Director of Safety Services:
8 of 13
1.
Roof coverings shall be fire retardant as per UBC Section 3203(e) and City of
poway Ordinance No. 64.
2.
The building shall display the numeric address in a manner visible from the
access street. The minimum size of the building numbers shall be six inches on
the front facade of the building. The building address shall also be displayed on
the roof in a manner satisfactory to the Director of Safety Services, and meeting
Sheriff's Department "ASTREA" criteria.
3.
Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all weather driving surfaces of not
less than 16 feet of unobstructed width, with adequate roadway turning radius
capable of supporting the imposed loads of fire apparatus and having a
minimum of 13 feet 6 inches of vertical clearance. The road surface type shall
be approved by the City Engineer, pursuant to the City of Poway Municipal
Code.
4.
The buildings will be required to install an approved fire sprinkler system
meeting P.M.C. requirements. The entire system is to be monitored by a central
monitoring company. System post indicator valves with tamper switches, also
monitored, are to be located by the City Fire Marshal prior to installation.
Buildings needing sprinklers will be determined as construction submittals come
forward.
5.
An automatic fire alarm system shall be installed to approved standards by a
properly licensed contractor. System shall be completely monitored by a U.L.
listed central station alarm company or proprietary remote station. (Classroom
building.)
6.
A hood and duct extinguishing system shall be installed for all cooking facilities
within the kitchen area. Plans to be submitted and approved prior to installation.
7.
A 'Knox' Security Key Box shall be required for the buildings at a location
determined by the City Fire Marshal. A padlock shall be required for the fire
sprinkler system Post Indicator Valve.
8.
Fire Department access for use offire fighting equipment shall be provided to all
immediate job construction sites at the start of construction and maintained at all
times until construction is completed.
9.
Permanent access roadways for fire apparatus shall be designed as 'Fire Lanes'
with appropriate signs and curb markings.
March 1, 2005 Item # '-I
Resolution No. P-
Page 6
10. A minimum 2A:1 OBC fire extinguisher is required for every 3,000 square feet
and 75 feet of travel distance.
11. The addition of an on-site fire hydrant may be required. The location of the
hydrant shall be determined by the City Fire Marshal.
12. Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit man door
or shall be located inside an enclosed closet with an exterior access man door.
Door shall be labeled with a sign indicating "Fire Sprinkler Riser". When the
closet method is chosen, applicant shall provide 36 inches of clearance from the
standpipe or attached additional risers, accessible by a 3'-0" man door.
13. Dead-end access roadways in excess of 150 feet in length require an approved
fire department turn around.
14. A Fire Alarm System must be installed at the preschool facility. If the children
will sleep in the preschool facility, smoke detectors will be required.
N. Upon establishment of the preschool, pursuant to CUP 00-17(M), the following shall
apply:
1. The use of the church and preschool shall be limited to religious and
educational activities, along with related accessory uses that provide a benefit to
the community.
2. The use ofthe church and preschool along with related accessory uses shall be
limited to the times as follows:
. Monday through Friday from 6:00 a.m. to 6:00 p.m. - preschool.
. Monday through Friday from 6:00 p.m. to 10 p.m. (various church-related
activities and meetings).
. Saturday from 9:00 a.m. to 10:00 p.m. (various church-related activities
and meetings).
. Sunday from 8:00 a.m. to 10:00 p.m. (various church-related activities
and meetings).
3.
All activities shall occur within the building, playground, and/or courtyard
immediately adjacent to the buildings unless otherwise approved through a
Temporary Use Permit issued by the City.
4.
In addition to the Temporary Use Permit requirements contained in Chapter
17.26 of the Poway Municipal Code, any temporary outdoor special event
not accessory to the church use, such as block parties, picnics, practice
campouts for Scouts and similar activities, as determined by the Director of
9 of 13
March 1, 2005 Item # .....!:L.
Resolution No. P-
Page 7
Development Services, shall require the approval of aT emporary Use Permit by
the City.
5. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with the noise standards contained
in Chapter 8.08 of the Poway Municipal Code. At no time shall equipment noise
from any source exceed the noise standards contained in the Poway Municipal
Code. No loudspeaker sound amplification system shall be used to produce
sounds in violation of the Noise Ordinance, including telephone or electric bell or
chime system.
6. All facilities and related equipment shall be maintained in good repair. Any
damage from any cause shall be repaired as soon as reasonably possible so as
to minimize occurrences of dangerous conditions or visual blight.
7. All lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining premises.
8. The owner or operator of the facility shall routinely and regularly inspect the site
to ensure compliance with the standards set forth in this permit.
9. All landscaping, including areas within the park and adjacent to 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
Guide to Landscape Requirements. 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 Operation" latest edition (ANSI A300). Trees shall not
be topped and pruning shall not remove more than 25% of the trees' leaf
surface.
10. The church shall ensure that the congregation, church and preschool staff, and
all service providers park within the on-site parking areas, and not on the nearby
streets. Drop-off and pick-up locations shall occur within the parking lots.
11. Any signs proposed for this development shall be designed and approved in
conformance with the Poway Municipal Code and require the approval of a
separate Sign Permit.
Section 5: Resolution No. P-00-63 is hereby rescinded.
Section 6: The approval for the establishment of a preschool within the church facility shall
expire on August 19, 2005, at 5:00 p.m. unless prior to thattime the use has been established.
10 of 13
March 1, 2005 Item #
Lj
Resolution No. P-Q3-53
Page 8
PASSED, ADOPTED and APPROVED by the City Council of the City of POWilY, State
of California, this 19th day of August 2003.
, .
ATTEST:
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No.P-03-53 ,was duly adopted by the City
Council at a meeting of said City Council held on the 19th day of August 2003, and that it was
so adopted by the following vote:
AYES:
NOES:
EMERY, GOLDBY, HIGGINSON, REX FORO
NONE
ABSTAIN:
NONE
ABSENT:
CAFAGNA
Lori nne Peoples, City Cler
City of Poway
11 of 13
March 1, 2005 Item # ~
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12 of 13
TITLE: Location and Zoning
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ATTACHMENT:
ATTACHMENT B
March 1, 2005 Item # t-/
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ATTACHMENT C
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