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Res P-01-19RESOLUTION NO. P~ 01-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT 80-15, APPROVING DEVELOPMENT REVIEW 00-26 AND RESCINDING THE DECISION TO APPROVE MAJOR USE PERMIT 80-15 DATED JULY 9, 1980 ASSESSOR'S PARCEL NUMBER 317-152-02 WHEREAS, on July 9, 1980 the County of San Diego Board of Supervisors approved Major (Conditional) Use Permit 80-15 for a church facility consisting of a sanctuary with a of 420 seats, and an auxiliary building with offices and :1 one 20-square-foot sign as well ~tion to allow a 20-square-foot sign to be located 30 feet from the centedine of Oak Knoll Road and parking within the front yard setback; and WHEREAS, on February 23, 1982, the City Council of the City of Poway approved a minor modification to the July 9, 1980 approved site plan to :late plot plan adjustments to allow the parking lot only to be located within the floodway of Poway Creek; and WHEREAS, a modification to Conditional Use Permit 80-15 and Development Review 00-26 was submitted by Randy Rolfsen to allow installation of a 2,880-square-foot modular building to conduct :1 meetings in lh an existing legally established church use located at 12269 Oak Knoll Road within the RS-1 zone; and WHEREAS, on May 1,2001, 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, the City Council does hereby follows: Section 1: The City Council finds that Conditional Use Permit 80-15M/DR 00-26 is Categorically Exempt from the provisions of the California E Quality Act, pursuant to Section 15303(c) of CEQA, Class 3 Exemption, as it' ' :ructure of less than 10,000 square feet :l for the use, and does not involve hazardous Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for the modification to Conditional Use Permit 80-15 to install a modular building to conduct classes and meetings accessory to an existing legally established church use located at 12269 Oak Knoll Road in the RS-1 zone, are made as follows: The existing church has occupied th 1982 and the modification to add the modular building will allow activities that are accessory to the primary church use of the site. The size and design of the facility is appropriate for the use and location and is a permitted use in the RS-1 zone, with the approval of modification to Resolution No. P- 01-19 Page 2 the Conditional Use Permit. the proposed location, size, design and operating ch I the modular building' ih the established church use are in accord with the title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of th ~ich the site is located, the City General Plan, and the development policies and standards of the City. The modular building will enhance the existing development on the property and is approp ¥ building to the primary sanctuary on th I as being consistent or superior to surrounding development. The facility will meet City of Poway standards for parking. Therefore, the location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, building or natural The modular building will occupy less than 3% of the site and will I~ 3/to the established church. The modular building will meet or exceed standards for scale, coverage and density. Therefore, the harmony in scale, bulk, coverage and density of the project' I with adjacent uses. There are public facilities, :1 utilities available to the site. The modular building will be located adjacent to the existing sanctuary and in the center of the 2.79-acre property and will not be noticeable from most neighboring properties. Intervening natural vegetation will screen the building from the residential property. The building will ul :1 ' keeping with the main building, the sanctuary. Therefore, there will be no harmful effect upon desirable neighborhood characteristics. The modular building will all :1 meetings to occur that 3/to the existing church, will not increase attendance, and will result in no increase in traffic. Therefore, the capacity and physical character of surrounding streets will not be impacted and the project' :with th l of the General Plan. The modular building is allowable in the zone, and is small in area compared with the overall property and the existing sanctuary. Therefore, the site is suitable for proposed accessory building and uses that are proposed. The use involves no hazardous materials or processes nor does it significantly affect natural l will not affect the adjacent creek. Therefore, there will not be significant harmful effects up quality and natural There are no otb mitigated. negative impacts of the proposed use that cannot be J= Resolution No. P- 01-19 Page 3 The impacts, as described above, and the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated ' ' J will not be detrimentalto the public health, safety or welf ly injurious to properties or imp the vicinity nor be contrary to the adopted General Plan; and That the proposed conditional use will comply with each of the applicable provisions of Section 17.48.070 of the Poway Municipal Code to the extent feasible since it is a legal ~ use with regard to current development standards. Section 3: The finding Jance with Section 17.52 of the Poway Municipal Code for Development Review 00-26 to install a modular building 1' :1 meetings at 12269 Oak Knoll Road in the RS-1 zone, are made as follows: The modular building will be built on a previously created pad and will not alter the existing pad area or height. Therefore, the building respects the interdependence of land :1 aesthetics to the benefit of the City. The modular building is in ch th existing development in the area and will not negatively affect the views of adjacent property owners. The proposal does not otherwise affect the boundaries of the lot or the design of the streets. Therefore, the proposed use does not conflict with the orderly and h ;)p : :1 property within the City along with associated facilities, such as but not limited to signs, landscaping, parking areas and streets. There are public facilities, services and utilities available. No increase in traffic I occur with this development. The project will oth to all City ordinances. Therefore, the proposed project does not detract from the maintenance of the public health, safety and general welfare, and property throughout the City. The modular building is designed to minimize impacts on the surrounding community by being located away from the street and adjacent properties. It will be required to ul J roof design that will echo the shingle materials of the main structure. Therefore, the proposed development respects the publ' for the aesthetics of developments. The proposed project will meet the required design regulations and will otherwise comply with all of the relevant codes and standards of the City of Poway. Therefore, the proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general. Resolution No. P-01-~.9 Page 4 The proposed project will comply with all of the p and the General Plan. =the Zoning Ordinance Section 4: Pursuant to G i Code Section 66020, the public improvements for this Modification to Conditional Use Permit 08-15 and Development Review 00-26 are made as follows: The design and imp :the proposed development I with all elements of the Poway General Plan, as well as City ordinances, because all necessary :l facilir 31e to serve this project. The payment of sewer f :led as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. The project requires payment of sewer fees, which basis to finance and provide public in1 ; a safe and healthy l for the residents of the City. :l on a pro-rata which promote Section 5: The C · · -I by the County of San Diego Board of Supervisors dated July 9, 1980, approving Major Use Permit 80-015 for 12269 Oak Knoll Road is rescinded. Section 6: The City Council hereby app :lification to Conditional Use Permit 80-15 and Development Review Permit 00-26 to install a 2,880-square-foot modular building and to maintain the existing 4,800-square-foot, 177-fixed-seat sanctuary building, at an existing church located at 12269 Oak Knoll Road in the RS-1 lown on the plans dated May 23, 2000; November 1, 2000; and March 11, 2001, subject to the following conditions: Approval of this Conditional Use Permit 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. Within 30 days of the date of this 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 on Real Property. 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. The conditions of this CUP shall remain in effect for the life of the subject private school and shall run with the land and be binding upon ful heirs, and ~ ~ :the current property owner. Resolution No. P-01-19 Page 5 Conditional U y Director of Development Services for compliance with the conditions of approval and to add that may have been raised during the prior year. Any changes in the approved use of the building, including but not limited to the number of students, the hours of operation, or the number of fixed seats that results :luired parking, 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. The applicant shall obtain a Building Permit for the modular building prior to its use. Prior t I a Building Permit the applicant shall comply with the following: The building plans shall b Jance with the approved plans on file in the Development Services Department for CUP 80-15M/DR 00-26, along with the condit' :l herein. The building plans shall depict the revised location of the building and the proposed patio per the site plan submitted March 11,2001. The limits of the floodway shall be depicted on the building plans. No portion of th shall encroach into the floodway. The site plan shall be modified to show the location of a trash a · ' 17 feet deep x 10 feet wide. Said 3all be designed per EDCO Coq: :lards, have decorar 'y block walls and solid metal gates painted to match. The materials and colors shall be complimentary to the colors and materials of the existing sanctuary and modular building. 4. The building elevations shall be revised to show the following: The siding and window trim of the modular unit shall be painted off-white to match the existing sanctuary. All materials and colors shall be depicted on the plans, including specific manufacturer codes. The modular building shall be designed with a mansard roof with shingles similar to those of th 'y to the sat' ' I the Director of Development Services. Resolution No. P- 01-19 Page 6 All new equipment app :ting ' ~all be shown on the plans and shall be architecturally integrated, screened f sound buffered from adjacent properties and streets as required by the Director of Development Services. Details of any new exterior lighting shall be included on the building plans, including fixture type and design. All new exterior lighting fixtures shall be Iow-pressure sodium and designed such that they reflect light downward, and away from streets and adjoining properties pursuant to Poway Municipal Code Section 17.08.220.L. Landscaping, including shrubs and ground ~ with irrigation, shall be provided adjacent to the modular units, to the sat I the Director of Development Services. Specific plant sizes and species, and general irrigation design, shall be depicted on the site pi ~tached separate landscape plan. A Sign Permit application and plans shall be submitted to the Planning Division to bring the existing freestanding sig :h current sign standards. A Sign Permit shall be issued prior1 :a Building Permit. A Building Permit and completion of the sign shall be accomplished prior to occupancy of the modular building. The following development fees shall be paid to the Engineering Division. The following f l is currently in effect and is subject to change. The applicant shall pay the amount in effect at the time of Building Permit issuance. Sewer: 4 fixtures = 1 EDU = $2,356.00 10. 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 electrical/building permit issuance. 11. Approval of this request shall not 31lance with all sections of the Zoning Ordinance, and all other applicable City Ordinances in effect at the time of building permit issuance. The applicant shall construct the following improvements to the satisfaction of the Director of Safety Services: As an educational occupancy, a fire alarm system is required and shall be shown on the building plans. Contact Fire Department 1' ' ' lion. Resolution No. P-01-19 Page 7 Fire extinguishers will be required. Quantity and location to be determined at Building Plan Check. If the separation between the mod :t the church is less than 10 feet (roofline to roofiine), both structures will be required to have a fire protection sprinkler system. Prior1 following: Certificate of Occupancy, the applicant shall comply with the The site shall be developed in accordance with the approved plans on file in the Development Services Department for both DR 00-26 and CUP 80-15M, along with the conditions contained therein/herein. A final inspection from the appropriate City Departments will be required and approval for occupancy obtained. A freestanding sign in accordance with the Sign Permit issued pursuant to Condition G.8 of this Resolution shall be installed or the current sign removed. Section 7: including the The following performance standards shall apply to the church facility, use of the modular building upon establishment of its use: The use of the Sanctuary shall be limited to the activities and times as follows: 2. 3. 4. 5. Worship service, Sunday 8:00 a.m. to 1:00 p.m. Evening service, Wednesday 6:00 p.m. to 9:00 p.m. Evening service, Saturday 6:00 p.m. to 9:00 p.m. Counseling, Monday 7:00 p.m. to 9:00 p.m. Office use, Tuesday 8:00 a.m. to 9:00 p.m. The use of the Modular CI follows: 1. Sunday School 2. Nursery 3, Adult ~ 4. Fellowship shall be limited to the activities and times as Sunday 8:00 a.m. to 1:00 p.m. Sunday 8:00 a.m, to 1:00 p.m. Tuesday and Thursday 7:00 p.m. to 9:00 p.m. Once a week on Saturday evening or Sunday afternoons. CJ All activities shall occur within the Sanctuary and/or buildings unless otherwise approved through a Temporary Use Permit issued by the City. Resolution No. P- 01-19 Page 8 The facility shall be operated in such a manner as to minimize any possible disruption caused by noise, and shall comply with th `lards contained in Chapter 8.08 of the Poway Municipal Code. At no time shall equipment noise from any ~ th Jard :1 in the Poway Municipal Code. In addition to the Temporary Use Permit req ' :1 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 Development Services, shall require the approval of a Temporary Use Permit by the City. The church shall ensure that the congregation, and all service providers park within the on-site parking areas, and not on the nearby streets. All existing lighting fixtures shall be :1 such that they reflect light downward, away from any road or street, and away from any adjoining premises. The applicant shall not use any portion of the area identified as rip Jland. Th' -Is over the woodlands in the southwest corner of the property and five feet north/northeast beyond the canopy edge. This precludes vegetation removal or additions within the area boundaries except brush removal by written order of the Fire Department for fire protection. No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, except for an electric bell or chime system that may be sounded between 9:00 a.m. and day per week and on religious holidays. J. The parking areas and driveways shall be well ' ' :1. K. All landscaping shall be adequately irrigated and well maintained at ail times. L. Th 3erator of the facility shall routinely and regularly inspect the site to 31lance with the standards set forth in this permit. Section 8: The approval of CUP 80-15M/DR 00-26 shall expire on May 1,2003, at 5:00 p.m. unless, prior to that time, a Building Permit has I~ :t and consl the property in the CUP/DR approval h -1 prior to its expiration. Resolution No. P-01-19 Page 9 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 1st day of May 2001. ATTEST: Peoples, City ClerR 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- 01-19 , was duly adopted by the City Council at a meeting of said City Council held on the 1st day of May 2001, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON, CAFAGNA~,~ . ~ ~[]]) Lori~Anne Peoples, City City of Poway