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