Res P-00-14RESOLUTION NO. P- 00-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 88-19(M2),
VARIANCE 99-17 AND DEVELOPMENT REVIEW 99-23
ASSESSOR'S PARCEL NUMBER 275-510-16
WHEREAS, Conditional Use Permit 88-19(M2), Variance 99-17 and Development
Review 99-23, St. Bartholomew's Episcopal Church, Inc., applicant, requests approval to
construct improvements to the existing church campus, including th " :1
expansion of the ed ~l church sanctuary buildings at 16275 Pomerado Road, on
a 4.88 the RR-C zone. A ~uested 1' ~ment into
the required side yard setback; and
WHEREAS, the request
later withdrawn; and
for the height of th
building was
WHEREAS, it is the desire of the congregation to establish the land use right for
a future private religious day school and to expand the number of students enrolled in the
school program from 44 to 72 students; and
WHEREAS, the applicant has requested City Council approval of a bell tower for the
3/building which will be 60 feet in height and one on the education building
at 42.5 feet in height; and
WHEREAS, on February 15, 2000, the City Council held a duly advertised public
headng to solicit comments from the public, both pro and con, relative to this application;
and the City Council considered the ab ~ :1 item.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds the project to be Categorically Exempt pursuant to
Section 15302 (Class 2) and Section 15305 (Class 5) of the California E Iai
Quality Act because the use will operate within existing facilities and it entails a minor
alteration in a setback limitation that does not result in the creation of a new parcel.
Section 2: The findings in accordance with G
public imp -le as follows:
Code Section 66020 for the
The design and imp =the proposed development l with all
elements of the Poway General Plan as well as City ordinances because all
necessary services and facilities will be available to serve this project. The
construction of public imp needed as a result of the proposed
development to protect the public health, safety, and welfare are identified below:
Resolution No. P- 00-:]_4
Page 2
Development fees ( :1 traff~c mitigation) are required to
be paid on a per-student basis for thJent enrollment from 44
to 72 students. Th 3er of stud' :lditional sewer
discharge and increased amounts of traffic to the local streets.
New fire hydrants will be required to be added along with th
the new education and church sanctuary buildings in order to provide
adequate fire protection to the adults and children attending the facility
throughout the week.
Sectior The findings in accordance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 88-19(M2) approving th :1 expansion
of an existing church, the increase in the number of children in the existing school from
44 to 72, and establishment of the right for a future day school are made as follows:
That the location, size, design, and operating characteristics of the use are in
accordance with the general plan and the zoning ordinance in that a church facility
with accessory school facilities is found to be a compatible semi-public land use in
a residential zone when governed by a conditional use permit.
That the location, size, design, and operating ch of the church and
school facilities will be compatible with and will not have an adverse effect or be
materially detrimental to adjacent uses, building because the church
facility has been operating ly in the same location for more than twenty
years and the school has operated 1' ~hs. The proposed expansion is a
response to an increase in the size of the parish which is made up partly of
surrounding residents.
That the I :1 operating ch ; the church and school facilities will
not be detrimental to the public health, safety, or welfare, ly injurious to
properties or imp ' the area for th · ' :1 above.
That there will be no significant harmful effects upon Iai quality and
natural in that the use will operate within an existing building envelope
including parking on a previously developed site. Natural .3 the southeast
and 'Jes of the property will remain natural.
That the g :traffic will not adversely impact the surrounding streets and/or
the City's Circulation Element, in that the use will Ol; ' 3 developed
church property where existing improvements and sufficient off-street parking are
in place.
Resolution No. P-0 0 - :~ 4
Page 3
That there are no other relevant negative impacts of the use that cannot be
mitigated.
Section 4: The findings in accordance with Section 17.50.070 of the Poway Municipal
Code for Variance 99-17 approving the reduction in the side yard setback from 50 feet to
15 feet made as follows:
That there are special 3plicable to the property
and because of this the stdct application of the zoning ordinance deprives the
property of privileges enjoyed by other properties in the vicinity with the identical
zoning classification in that the property is sloping and contains significant rock
outcroppings. The building area is, therefore, restricted to the portions of the lot
which have been previously developed.
Bo
Setback Reduction: That granting of th -lificar 'y for
the p :1 enjoyment of a substantial property right possessed by other
property in the same vicinity and land use designation for which the variance is
being sought in that it will allow the property to be developed to a comparable level
as other lots within the vicinity that do not have significant rock outcroppings.
Setback Reduction: That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or injurious to the
property or imp 1 vicinity and zone in which the property is located
in that the church property and the proposed buildings will be sufficiently lower in
elevation than the closest residences to the south.
lion: That the granting of th' does not constitute a special
privilege ' I with the limitation upon other properties in the vicinity and
zone in that the variance will allow the property to be developed in the same
the odginal church sanctuary and religious ed :1 play areas are
presently located, reducing the overall disturbance to the site.
That the granting of this variance does not allow the use or
activity which is not otherwise expressly authorized by the Poway Municipal Code
in that a church facility is allowed in the Rural Residential C zone with a CUP.
Section 5: The findings pursuant to Section 17.52.010 of the Poway Municipal Code for
Development Review 99-23 approving the site plan and design of a new 12,575 square-
foot, two-story over a basement education building and replacement of the existing 5,592
square-foot sanctuary building with a new 16,395 square-foot sanctuary which will contain
a basement and fl :le as follows:
Resolution No. P- 0 0 - 14
Page 4
The development will not have an adverse aesthetic, health, safety, or
amhitecturally related impact upon adjoining properties because the architecture is
of high quality modern Gothic design, utilizing rust color standing seam metal roof
:11 <tedor and 1 which will blend visually with
surrounding properties.
The development encourages the ordedy and h
and property within the City through its
residential development throughout the City.
::)p
with the high standards for
Conditional Use Permit 88-19(M2) and Development Review 99-23 will allow
two phases of development which are as follows: Phase 1, expansion of the school
licensed for an additional 28 children, for a total enrollment of 72 children with the
construction of a new 12,575 square-foot, two-story over a basement education building
and; Phase 2, the replacement of the existing 5,592 square-foot sanctuary building with
a new 16,395 square-foot sanctuary containing a basement and a and
establishment of a future day school; and Variance 99-17 to reduce the side yard setback
from 50 feet to 15 feet are hereby approved subject to the following conditions:
A=
Conditions of approval for Conditional Use Permit 88-19 and modification to
Conditional Use Permit 88-19(M) approving the school are included here by
~ and remain in full force and effect. Approval of a new day school will
req :lification to the CUP at the time when the parish wishes to move
forward with that proposal, specifying the number of students, hours of operation
and related details.
Within 30 days of approval (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 on Real Property.
The uses conditionally granted by this approval shall not be conducted in such a
to interfere with th 31e use and enjoyment of the surrounding
residential and uses.
Approval of this request shall not
ord' :1 all other applicable City ord'
permit issuance.
31iance with all : the zoning
effect at the time of building
The site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein.
Resolution No. P- 00- ! 4
Page 5
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 ~fect at the time of building
permit issuance.
Prior 1
conditions:
grading permit, the applicant shall comply with the following
If grading is to exceed 50 cubic yards of earthwork, or if the cut is more than
2 feet and the fill is more than 1 foot, then the applicant shall apply for a
grading permit and submit a grading plan for review and approval to the
City's Development Services Department. If it is determined that grading
does not exceed 50 cubic yards and a grading permit is not required, then
the applicant shall provide a certification from a State Registered Civil
Engineer indicating the quantity of earthwork involved and pay a $500
inspection fee prior to building permit issuance.
If a grading permit is required, a grading plan for the development, prepared
on Mylar at a scale of 1"=20', shall be submitted to the Development
Services Department - Engineering Division 1' ~1 approval. As a
· ' the grading plan shall show the following:
All new slopes with a
2:1 (horizontal to vertical) slope.
Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
A separate erosion control plan for prevention of sediment runoff
during
All utilities (proposed and existing), together with their appurtenances
and associated Encroach not permitted upon
any easement without an approved encroachment agreementJpermit.
L : all utility boxes, cleady identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
Tops and toes of graded slopes shall be shown with a minimum five
foot setback from open space areas and property lines. Buildings
shall be located at least five feet from tops and toes of slopes, unless
-- Resolution No. P-0 0- 14
Page 6
waived by the Planning Division and/or Engineering Division prior to
: a grading permit.
A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. More
specifically, the drainage study shall address flows from adjacent
subdivisions surrounding the church site. Said system shall include all
required to properly handle the drainage. Concentrated flows
across driveways are not permitted.
The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
The applicant shall prepare a Storm Water Pollution Prevention Plan
(SWPPP) that effectively addresses the elimination of
the storm drain system. The SWPPP shall include, but not be limited to, an
effective method of hillsid :1 sediment control, a material storage
site, to protect construcr from being exposed to storm
runoff, protection of all storm drain inlets, on-site concrete truck wash and
:1 otb ~ Best Management Practices to effectively
eliminate pollutants from entering the storm drain system. The applicant
shall certify the SWPPP prior to approval of the grading and improvement
plans. The SWPPP may be incorporated with the erosion control plan, but
shall be under sel; from the grading and improvement plans.
Grading ' the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City.
During site preparation for each phase, the applicant shall comply with the following
conditions:
A right-of-way permit shall be obtained from the City's Engineering Division
for any work to be done within the public street right-of-way or any City-held
easement. Said work shall include, but not be limited to, construction of a
driveway approach, sewer lateral installation, wa! line installation,
and street construction.
10.
11.
12.
13.
14.
15.
Resolution No. P-00-14
Page 7
Every building hereafl :ted shall be accessible to Fire Department
apparatus by way of access roadways with all-weather ddving surfaces of
not less than 20 feet of unobstructed width, with adequate roadway turning
radiuses capable of supporting the imposed loads of fire apparatus having
a minimum of 13'6" of vertical The road surface type shall be
approved by the City Engineer, pursuant to the City of Poway Municipal
Code.
Fire Department access for use of fire fighting equipment shall be provided
to the immediate job site at the start of construction and
:1 at all times until is completed.
Permanent :lways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
E including desiltation I: ~eck dams shall be installed
and -I onsite, and/or along the cul-de-sac during or
wet weather. An erosion control plan shall be submitted as part of the
grading or drainage plan.
Concentrated drainage runoff over driveways or sidewalks will not be
permitted. A drainage system capable of handling and disposing of all
surface water underground shall be provided. Drainage swales shall be a
· ' ; three (3) feet wide.
The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. Grading of lots shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the approved
soils report, and grading p " 3table to the City.
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer from October 15 to April 15. The
developer shall I devices throughout their intended
life.
16.
Proposed and existing utilities within the project shall be installed
underground.
17.
Prior to start of any work within City-held ';Iht-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.
Pdorl
18.
19.
20.
21.
Resolution No. P- 00- :14
Page 8
"building permits, the applicant shall comply with the following:
The building lall be revised t to th height
of 35 feet except for the church bell tower and the education building tower.
Drawings shall be submitted for approval by the Department of Development
Services, Planning Division. The height of the church bell tower shall be
limited to 60 feet in height.
All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened f :1 sound buffered from adjacent properties
and st :luired by the Planning Division.
Rough grading of the lots is to be completed and meet the approval of the
City inspector and shall include submittal of the following:
A certification of line and grade for each lot, prepared by the engineer
of work.
^ final soil compaction report for each lot 1'
the City.
approval by
The following development fees shall be paid to the Engineering Division
prior to building permit issuance. These f Ily in effect and are
subject to change.
Sewer
C
Preschool:
Fee
(28 students)(12 gal/day)(1 EDU/250 gal/day) = 1.5 EDU
(1.5 EDU @ $2,356/EDU) = $3,534
Church Expansion: $2,356/EDU based on 1 EDU/4 new fixtures
Cleanout Box $50 each
Inspection $25
Water
· Cost SDCWA Fee* Sewiqe
3/4-inch $130 $3,710 $1,871 $1,350
1-inch $270 $6,678 $2,994 $1,430
To be paid by a separate check, payable to San Diego County Water
Authority.
Traffic Mitigation (28 additional students x $66 x 1.00 trip x 0.25)= $462
22.
23.
24.
25.
26.
27.
28.
29.
Resolution No. P-0 0-14
Page 9
A Knox security key box shall be provided for the building at a location
determined by the City Fire Marshal. A Knox padlock shall be required for
the fire sprinkler system post ind
Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and
a 75-foot travel distance.
If
gurney. Minimum d
by 4'3" deep.
led, it shall be sized 1 ~ hospital
for the inside car platform shall be 6'8" wide
The addition of onsite fire hydrants is required. The location of the hydrants
shall be determined by the City Fire Marshal.
Prior to delivery of combustible building material, onsite water and sewer
systems shall satisfactorily pass all required tests and b J to the
public water and sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction of
the City.
Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit
man door or shall be located inside an enclosed closet with an exterior
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-foot man door.
Complete landscape construction documents shall be submitted to the
Engineering Division of the Development Services Department with submittal
of the public improvement plan check. Plans shall be prepared in
accordance with City of Poway Guide to Landscape Requirements (latest
edition).
The following development fees shall be paid to the Engineering Division
prior to building permit issuance. These fees are currently in effect and
subject to change without p
Sewer C Fee = $3,148.47
Traffic Mitigation Fee = $ 646.55
These fees are based on the addition of 28 school children for a total of 72.
-- Resolution No. P- 00- 14
Page 10
Prior to '
following:
30.
31.
32.
33.
34.
35.
36.
37.
38.
Certificate of Occupancy, the applicant shall comply with the
All drainage ~mp 3all be installed, completed and inspected and
approved by the Engineering Inspector.
Should there be a need for a new fire hydrant, a water system analysis may
be required and shall be prepared to establish the prol: :1 location
of the public water system. Applicants shall pay to the City the cost of
preparing the analysis prior to submittal. Improvement plans shall be
submitted for approval by the Engineering Division. Plan check and
inspection costs shall be paid by the developer.
Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per section
16.52.130B of the grading ordinance. Record drawings shall be submitted
to allow the City adequate time 1' :1 approval prior to
: occupancy and release of grading securities.
An automatic i- .¢stem shall be installed to approved standards by
a properly licensed contractor. System shall be completely monitored by a
UL listed central star 3any or proprietary · :ion.
A hood and duct extinguishing system shall be installed for all cooking
1' :hin the kitchen area. Plans to be submitted and approved, prior
to installation.
Roof covering shall be fire retardant, as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
The buildings shall display th ' :Id 31e from the
:. M :the building numbers shall be 18 inches on
the front facade of the building. Building address shall also be displayed on
the roof in a manner satisfactory to the Director of Safety Services and
meeting SherifFs Department - ASTREA criteria.
Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Re(~ "~
shall be planted at an average of 30 feet 3acing along all streets.
Prior to any use of the project site or business activity being -I
thereof, all conditions of approval contained herein shall be completed to the
sal' ' : the Director of Development Services.
-- Resolution No. P-00- 14
Page 11
K. Upon occupancy, the following conditions shall apply:
39.
Landscaped areas within the adjacent public right-of-way shall be
permanently and fully :1 by the owner.
40.
All landscaped areas shall b -I in a healthy and thriving condition,
free from weeds, trash, and debris. The trees shall be encouraged and
allowed I form. Pruning should b J 1 the
health of the trees and to protect the public safety. Unnatural
pruning, including topping, is not permitted.
Section 7: The approval of Development Review 99-23 shall expire on February 1,
2002, at 5:00 p.m. unless prior to that time a building permit for Phase 1
pursuant to Conditional Use Permit 88-19(M2), Development Review 99-23 and Variance
99-17 has been issued and the property in the development
review approval h :1 prior to its expiration.
Section 8: Pursuant to G l Code Section 66020, the 90-day period in which
the applicant may protest the imposition of any fees, ded
imposed pursuant to this approval shall begin on February 1,2000.
ATTEST:
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of February, 2000.
Michael P. Cafa~
~ori Anne(~ ~ ~'~'~
Peoples, City CI6¢k
__ Resolution No. P- 00- 14
Page 12
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P- 00-14 was duly adopted by the City
Council at a meeting of said City Council held on the 15th day of February, 2000, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
'Eor~ Anne Peoples, City Clerk
City of Poway