Item 3 - CUP 05-06 Randy Rolfsen c� F WqY
AGENDA REPORT SUMMARY
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CM�IN THE ��J
TO: Honorable Mayor and Members he City Council
FROM: James L. Bowersox, City Man
INITIATED BY: Niall Fritz, Director of Development Services�/
DATE: September 6, 2005
SUBJECT: Conditional Use Permit 05-06; Randy Rolfsen, Applicant.
APN 323-190-74
ABSTRACT
The applicant is requesting approval to establish a church (The Life Church) in an existing
3,600-square-foot tenant space within a multi-tenant commercial building, located in the Automotive/
General Commercial (A/GC) zone, at 14034 Poway Road, Suites G - J, within the Poway Center.
The center is located on the north side of Poway Road, east of Ann-O-Reno Lane. No exterior
improvements are proposed. In the past there was a religious use in the center, and that use did not
cause conflicts with the tenants in the center.
ENVIRONMENTAL REVIEW
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 establishing a new use in an existing commercial building and involves
negligible expansion of use beyond that existing.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public notice was published in the Poway News Chieftain and sent to 94 property owners within
500 feet of the site, as well as to all 7 tenants occu in the Powa Center.
RECOMMENDATION
It is recommended that the City Council approve Conditional Use Permit 05-06, subject to the
conditions in the attached ro osed Resolution.
ACTION
M:�planning\OSreport�cup\05-06_Life Church�sum.doc
1 of 13 September 6, 2005 Item #�_
G`,�� OF PpWqY
C I TY O F P O WAY
AGENDAREPORT Ty�c�r'�NTHEaG�J��y
TO: Honorable Mayor and Members o e City Council
FROM: James L. Bowersox, City Manag
INITIATED BY: Niall Fritz, Director of Development Servicesl��
Patti Brindle, City Planner �
Lisa Mercurio, Assistant Planner�
DATE: September 6, 2005
SUBJECT: Conditional Use Permit 05-06; Randy Rolfsen, Applicant: A request
to establish a church (The Life Church) in an existing 3,600-square-foot
tenant space within a multi-tenant commercial center located at 14034
Poway Road, Suites G- J (Poway Center).
APN: 323-190-74
BACKGROUND
The applicant is requesting approval to establish a church, The Life Church, in an existing
3,600-square-foot tenant space within a multi-tenant commercial center located at
14034 Poway Road, Suites G - J (Poway Center), in the Automotive/General Commercial
zone (A/GC). (See Attachment B.) The building and tenant spaces within the Poway
Center, and in the immediate area of the subject space, are leased except for two individual
tenant spaces, and include miscellaneous commercial and retail uses. (See Attachment C.)
A hair salon, video production company, chiropractic center and two restaurants occupy
tenant spaces near the proposed church. The tenants of the center were also notified by
mail of the applicanYs proposal. The property is zoned A/GC and, pursuant to the Poway
Municipal Code, church uses are allowed on properties designated A/GC with the approval
of a Conditional Use Permit. In the past there was a religious use in the center, and that
use did not cause conflicts with the tenants in the center.
FINDINGS
Proiect Descriotion
The Life Church, the proposed church, will provide church services for approximately 50
adults and children during the main Sunday services. City fire and building codes limit
the tenant space to a maximum capacity of 100 people. The floor plan is shown on
Attachment D. The church will consist of several key areas; the open sanctuary area
and two existing office spaces, which will be used as office space, a nursery and a
2 of 13 September 6, 2005 Item #_�
Agenda Report
September 6, 2005
Page 2
classroom. Another portion of the space, Suite J, will be used as the Teen Activity area.
The church is proposing to do minor tenant improvements to the suites to accommodate
their use. They will be adding walls to provide some separation between the uses. No
exterior modifications to the center are proposed. The teen members of the church will be
able to meet under responsible adult supervision and enjoy movies and social activities.
The scheduled activity, Teen Night, will be offered Tuesday evenings from 6:30 p.m.to 8:30
p.m. The applicant is also proposing to have a Bible Study once a week on Saturday, from
7:30 a.m. to 8:30 a.m. The main service will be held on Sundays, from 8:00 a.m. to 12:00
noon. The project will be conditioned to return to the City for further review if changes are
proposed in service times and/or activities.
The only sensitive use that is located nearby is the single-family residential uses to the north
and west of the center. The proposed church tenant space is approximately 100 feet
away from the closest single-family residence. The residences to the north are located at
a slightly higher elevation. There will be no impact to this use from the Church because
the services will be conducted inside of the existing commercial space and will be
conditioned so that no loudspeakers can be used outside.
Hours of Oqeration - The proposed hours of operation for the church will be 6:30 p.m. to
8:30 p.m. on Tuesdays, 7:30 a.m. to 8:30 a.m. on Saturdays, and 8:00 a.m. to 12:00 p.m. on
Sundays. The peak use hours for most of the nearby businesses in the center, such as the
Chiropractic Center, a video productions company, and the Hair Salon, occurs on weekdays,
during standard business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. and,
therefore, will not conflict with the proposed church activities or parking. The two
restaurants in the center, Thai Poway and Coney Island Pizza, will be open during the time
of the Tuesday evening activities. The pizza restaurant will be open at 11:00 a.m. on
Sundays, which will be a slight overlap of the proposed church services.
Parkinq - The Poway Municipal Code sets parking standards for church uses in Section
17.42.030.C, which determines the amount of required parking for a church use at 1 space
for every 45 square feet of sanctuary area. Of the 3,600 square feet, 1,421 square feet is
available for sanctuary space, which requires 32 parking spaces. With the current tenant
mix, and having all of the tenant spaces open for business at the same time, 82 parking
spaces are required. The center provides a total of 67 parking spaces; but, as is explained
further below, this difference in parking spaces is not an issue, since all of the businesses
are not open at the same time.
The Poway Center provides 67 total parking spaces and the businesses that are open on
Sunday open at 11:00 a.m. With 32 parking spaces required for the church use,
this leaves 35 parking spaces available for the businesses that are open on Sunday
morning. These two businesses, Thai Poway and Coney Island Pizza, only require 17
spaces. The other time there is any overlap is on the Tuesday evening Teen Night, where
approximately 15 teens are expected to attend. Both of the restaurants are still open at this
time, but since the teen activity involves approximately 8 parking spaces and both
3 of 13 September 6, 2005 Item #�
Agenda Report
September 6, 2005
Page 3
restaurants are only required to have 17 spaces, that leaves 42 spaces remaining.
Therefore, there should be no parking conflicts at any of the proposed activity times.
Additionally, the Safety Services Department has stated that the tenant space will allow
for a maximum capacity of 100 people.
To insure that the church does not have an adverse impact on the parking and traffic in the
general area of the use, Conditions of Approval for the project will require the following:
• If, in the future, the needs of the church change, such that they are proposing
to operate during the weekdays, this will require the approval of a Conditional
Use Permit Modification.
■ The City will monitor the traffic and parking conditions of the use. In the event
the Development Services Department receives complaints and it becomes
evident that the use requires parking in excess of that available, the
Conditional Use Permit shall be set for a public hearing before the City
Council, to consider modification to address the parking issues.
■ The property owner will be responsible for maintaining required parking on all
future uses within the center.
The church will be able to operate compatibly with the surrounding uses because it operates
off-peak from the standard business hours of the other commercial and retail uses in the
Poway Center. There are no occupancy compatibility issues with the adjoining uses since
they are primarily commercial and retail-type businesses, and will not be incompatible with
the proposed use.
ENVIRONMENTAL REVIEW
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 establishing a new use in an existing commercial
building and involves negligible expansion of use beyond that existing.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public notice was published in the Poway News Chieftain and sent to 94 property owners
within 500 feet of the site, as well as to all 7 tenants occupying the Poway Center.
4 of 13 September 6, 2005 Item #,�_
Agenda Report
September 6, 2005
Page 4
RECOMMENDATION
It is recommended that the City Council approve Conditional Use Permit 05-06, subject to
the conditions in the attached proposed Resolution.
Attachments:
A. Proposed Resolution
B. Zoning/Location Map
C. Site Plan
D. Floor Plan
M:�planning�OSreport�cup\OS-O6_Life Church�agentla.doc
5 of 13 September 6, 2005 Item #�
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 05-06
ASSESSOR'S PARCEL NUMBER 323-190-74
WHEREAS, Conditional Use Permit (CUP) 05-06 was submitted by Randy Rolfsen,
Applicant, a request to establish a church (The Life Church) in an existing 3,600-square-foot
tenant space within a multi-tenant commercial center. The subject property is located on
the north side of Poway Road, in the Poway Center, within the Automotive/General
Commercial (A/GC) zone, and is addressed at 14034 Poway Road, Suites G — J; and
WHEREAS, on September 06, 2005, 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, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The project is Categorically Exempt from the California Environmental Quality
Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves establishing a new use in an existing commercial
building and involves negligible expansion of use beyond that existing.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for CUP 05-06 to establish a church in an existing 3,600-square-foot tenant space
within a multi-tenant commercial center, located at 14034 Poway Road in the Automotive/
General Commercial zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
church are in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General Plan, the
Poway Road Specific Plan, the Automotive General Commercial zone, and the
development policies and standards of the City in that churches are allowed with a
Conditional Use Permit. The project will not significantly impact traffic circulation or
parking because the church will take place inside an existing commercial tenant
space.
B. The location, size, design, and operating characteristics of the proposed church will
be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, residents, buildings, structures, or natural resources in that the facility
has been designed and sited such that it will not result in visual impacts to the
surrounding community and it will comply with the Poway Municipal Code, and all
other applicable State and County codes.
C. The proposed church is in harmony with the scale, bulk, coverage, and density of,
and is consistent with, adjacent uses in that the proposed use will be inside of an
existing commercial building.
6 of 13 ATTACHMENT A September 6, 2005 Item #,�_
Resolution No. P-
Page 2
D. There are adequate public facilities, services, and utilities available at the subject site
to serve the proposed church in the existing commercial building.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed church has been designed and sited such that
it will not result in an impact to'the surrounding community. The church will take
place inside of an existing commercial building, which is surrounded by other
commercial buildings.
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 church will be operated when most other tenants in the center are not
operating. The church will not generate a significant increase in traffic because the
church is proposing to have only 50 people (adults and children), and the streets and
site are developed to handle this traffic.
G. The site is suitable for the type and intensity of use or development which is proposed
in that the proposed church use will enhance citizen religious opportunities in the City.
This will assist the City of Poway's goal of the Poway Road Specific Plan to promote
land uses that provide family-oriented uses.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed church will be located on a developed property and
does not involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the proposed use that cannot
be mitigated in that the use will comply with Poway Municipal Code noise standards.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed church will not be materially injurious to properties
or improvements in the vicinity, nor be contrary to the adopted General Plan, in that
the facility has been designed and sited such that it will not result in impacts.
K. The proposed church will comply with all the applicable provisions of Chapter 17.48
of the Poway Municipal Code in that the facility has been designed and sited such
that it will not result in visual impacts.
Section 3: The City Council hereby approves CUP 05-06 to establish a church in an
existing 3,600-square-foot tenant space within a multi-tenant commercial center at 14034
Poway Road, Suites G - J as shown on the plans dated July 19, 2005, subject to the
following conditions.
A. 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.
7 of 13 September 6, 2005 Item #�_
Resolution No. P-
Page 3
B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all Conditions ofApproval 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 05-06 shall remain in effect for the life of the subject church,
and shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
E. CUP 05-06 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the Conditions ofApproval and to address
concerns that may have been raised during the prior year.
F. Any changes in the approved use of the site, including, but not limited to, the hours of
operation, the number of attendees, reduction in parking, or 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 Development Services, said modification may be
processed administratively or may be referred to the City Council for a public hearing.
G. The applicant shall obtain a Building Permit prior to establishing the church use.
Prior to issuance of a Building Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, 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 site plan on file
in the Development Services Department, dated July 19, 2005, and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
3. A Building Permit will be needed for the change of occupancy from commercial
to assembly.
4. Separate toilet rooms will be required for men and women.
H. The applicant shall comply with the following requirements to the satisfaction of the
Director of Safety Services:
1. Provide panic hardware on all exit doors from the public assembly areas and
doors shall swing in the direction of exit travel.
8 of 13 September 6, 2005 Item #,�_
Resolution No. P-
Page 4
2. Install approved illuminated exit signs above the exit doors from the public
assembly areas. The exit signs shall be equipped with emergency battery
back up.
3. A minimum 2A:10BC fire extinguisher is required for every 3,000 square feet
and 75 feet of travel distance.
4. Suite numbers shall be displayed on or above each exterior door with lettering
four to six inches in height.
I. Upon establishment of the use to allow a church in an existing tenant space, pursuant
to CUP 05-06, the following shall apply:
1. 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.
2. 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, electric bell, or chime system.
3. Temporary uses pursuant to Chapter 17.26 of the Poway Municipal Code,
including, but not limited to, carnivals, outdoor arts and crafts shows, and
entertainment attractions, shall require City approval of a Temporary Use
Permit (TUP). A TUP application should be submitted at least 3 weeks
prior to the event.
4. All activities shall occurwithin the building unless otherwise approved through
a Temporary Use Permit issued by the City.
5. Any signs proposed for this development shall be designed and approved in
conformance with the Poway Municipal Code and the Comprehensive Sign
Program for the center, and require the approval of a separate Sign Permit.
Section 4: The approval of CUP 05-06 shall expire on September 6, 2007, at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the CUP
approval and the use has commenced prior to its expiration.
9 of 13 September 6, 2005 Item #,�_
Resolution No. P-
Page 5
PASSED,ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 6th day of September 2005.
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, , City Clerk of the City of Poway, do hereby certify, under the penalty of
pery'ury, that the foregoing Resolution No. , was duly adopted by the City Council
at a meeting of said City Council held on the 6th day of September 2005, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
L. Diane Shea, City Clerk
City of Poway
M:�planningW5report�cup\OS-O6_Life ChurchUeso.doc
10 of 13 September 6, 2005 Item #,�_
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12 of 13
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ATTACHMENT D
13 of 13 September 6, 2005 Item #�_