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Res P-00-100ON NO. P- 00-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING COUNTY USE PERMIT 65-98M3W ASSESSOR'S PARCEL NUMBER 273-820-08 WHEREAS, County Use Permit 65-98M3W was submitted by Dominy and Associates, Applicant, on behalf of the Lutheran Church of the Incarnation and came before City Council for a public hearing and action on December 19, 2000; and WHEREAS, the application requests approval to allow a memorial garden/columbarium with niches for the permanent interment of cremated remains to be built in three phases on the existing church campus at 16889 Espola Road within the RR-C zone; and WHEREAS, the City Council held a duly advertised public hearing on December 19. 2000, to solicit from the public, both pro and con, relative to this application; and NOW, THEREFORE, the City Council does hereby follows: Section 1: California E to land. The City Council finds that this project is categorically exempt from the Iai Quality Act per Section 15304 (Class 4) as a minor alteration Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for County Use Permit 65-98M3W approving the establishment of a memorial garden/columbarium on the subject property, are made as follows: The project' ~ with the General Plan as it designates this site for semipublic uses, including community centers, churches, and memorial gardens and/or columbariums, with the benefit of a County Use Permit. The project is also in ~ Ih Chapter 13.12 of the Poway Municipal Code for C that includes columbariums for cinerary interments. The location, size, design, and operating ch : the use will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, structures, or natural as the project is an accessory use to the church. The harmony in scale, bulk, coverage, and density ' I with adjacent uses because th garden and columbarium will be walls with landscaping that will blend in with the church architecture and existing Resolution No. P- 00-100 Page 2 landscaping. Th ~le public facilities, services, and utilities because the use will be located in a development where all necessary facilir :ly in place. There will not be a harmful effect upon desirable neighborhood ch new walls and a passive landscaped area will be installed in the first phase. The generation of traffic will not adversely impact the surrounding streets and/or the City's Transportation Element as there is sufficient area for on-site parking, and the use will generate intermittent traffic at Iow levels. The site is suitable for the type and intensity of the use in that it was designed as an accessory use to the church. There will be no significant harmful effect upon Iai quality and natural in that the property does not contain any native plant material or resident animal population. Th :her natural features on or adjacent to the property. I. There are no otb mitigated. negative impacts of the development that cannot be Section 3: County Use Permit 65-98M3W, consisting of th garden/ columbarium with niches for the permanent interment of cremated remains to be built in three phases on the existing chumh campus at 16889 Espola Road within the RR-C zone, as shown on the plans dated August 28, 2000, and as amended by the plans dated December 11, 2000, is hereby approved, subject to the following conditions: Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. Within 30 days of approval, the property owner shall execute a Covenant on Real Property. The project may be built in phases with no furth quired by the City Council at a public hearing. The number of niches may I~ :1, provided they reasonably fit within the structure shown on the plans dated August 28, 2000, and as amended by the plans dated December 11,2000. Th `litionaily granted by this approval shall not be conducted in such a to interfere with th 31e use and enjoyment of th -ling residential, church and synagogue uses. Resolution No. P- 00-100 Page 3 The operation and I the columbarium garden shall be in accordance with State, County and City Health and Safety Codes and with any other applicable codes. F. The church is responsible for th the columbarium. In accordance with State law, th :the columbarium garden shall provide written notice to each person who purchases or agrees to purch rights in the columbarium garden of that person's ability to I a proposed change in the use of the columbarium for other than columbarium purposes. Prior 1 I a Building Permit for Phase 1 as shown on the plans dated August 28, 2000, the applicant shall comply with the following: The working drawings shall be th the approved plans on file with the Development Services Depadment for County Use Permit 65- 98M3W. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. The applicant shall submit formal landscape and irrigation plans to the Planning Division of the Development Services Department for plan check and approval for th garden. Section 4: The approval of County Use Permit 65-98M3W shall expire on December 19, 2002, at 5:00 p.m. unless, prior to that time, a building permit has been issued and cons1 the property in the project approval h :1 prior to its expiration. Resolution No. P- 00-100 Page 4 PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a reg 3 this 19th day of December 2000. ATTEST: nne Peoples, City 0 ;lerk 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- 00-100 , was duly adopted by the City Council at a meeting of said City Council held on the 19th day of December 2000, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NONE NONE NONE L~ri Anne Peoples, City Cl~rk City of Poway