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Res P-01-38RESOLUTION NO. P- 01-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 87-03M(2), APPROVING DEVELOPMENT REVIEW 00-12, AND RESCINDING RESOLUTION NOS. P-87-32 AND P-96-72 ASSESSOR'S PARCEL NUMBERS 314-192-70, AND 314-192-72 WHEREAS, in 1971 the County of San Diego Board of Supervisors approved a (Conditional) Use Permit for a church facility consisting of a Sanctuary with' : 250 seats, and parking; and WHEREAS, on June 30, 1987, the City Council of the City of Poway approved Conditional Use Permit 87-03 for two temporary for Sunday School classes of up to 40 children and Sunday evening classes of up to 100 adults and children; and WHEREAS, on October 15,1996, the City Council of the City of Poway approved a Modification to Conditional Use Permit 87-03 for two additional modular units 1' library and a youth activity room; and WHEREAS, a second modification to Conditional Use Permit 87-03 and Development Review 00-12 was submitted by Jim Thayer to allow (in Phase 1) a new 11,735 square foot Sanctuary, and (in Phase 2) a 6,460 square foot addition to the existing building for a new Preschool and a Bible College, along with a 3,552 square foot addition to the Sanctuary, at the Living Way Church at 13609 Twin Peaks Road within the RS-4 zone; and WHEREAS, on July 31,2001, 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 has considered the E Initial Study (ELS), and Negative [] (ND) of this Resolution for Conditional Use Permit 87-03M(2), and Development Review DR 00-12 and publ' , -I on the ElS and ND. The subject ElS and ND d lion are fully incorporated herein by this ~ The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on th I, and that the ND reflects the independent judgment and analysis of the City. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for the modification to Conditional Use Permit 87-03 for a phased expansion/remodel of the Living Way Church, which is a legally established church, which CUP modification also includes new Preschool and Bible College uses, located at 13609 Twin Peaks Road in the RS-4 zone, are made as follows: Resolution No. P- 0].-38 Page 2 The existing Church has occupied th 1986. The modit ~and the Church will allow activities that are the to the existing 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-4 zone, with the approval of a modification to the Conditional Use Permit. A preschool is an allowable use in the zone, with the approval of a Conditional Use Permit. Therefore, the proposed location, size, design and operating ch Ithe Church exF :1 new Preschool, and Bible College, in with 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 the zone in which the site is located, the City General Plan, and the development policies and standards of the City. The Church expansion will enhance the existing development on the property and is appropriate as an addition to the primary Church use on the site as well as being consistent or superior to surrounding development. The facility will meet the City of Poway standards for parking. Therefore, the location, size, design and operating ch : the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, building or natural The Church expansion will meet or exceed standards for scale, coverage and density. Therefore, the harmony in scale, bulk, coverage and density of the project l with adjacent uses. There are public facilities, utilities available to the site. The building will ut :1 materials in keeping with the surrounding area. The Church expansion will be compatible with the existing building and surrounding development. Intervening landscaping will soften views of the Sanctuary building from residential property. Therefore, there will be no harmful effect upon desirable neighborhood characteristics. The main traffic impacts of the Church will occur on Sundays, which will not affect the typical traffic peaks associated with daily commuting. The location of the Church on the intersection of two major roads, results in no direct impacts to residential -I limits impacts to adjacent properties. Therefore, the capacity and physical character of surrounding streets will not be impacted and the project is consistent with the circulal' I of the General Plan. The development is designed with generous amounts of open space. Sufficient play area is available for the children. Therefore, the site is suitable for proposed accessory building and uses that are proposed. Resolution No. P-0].-38 Page 3 The use involves no hazardous materials or processes nor does it significantly affect natural I will not affect the adjacent creek. Therefore, there will not be significant harmful effects Ul: quality and natural There are no oth mitigated. : negative impacts of the proposed use that cannot be The impacts, as described above, and the proposed location, size, design and operating ch of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or well' 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 an expansion of an existing use. Section 3: The finding Jance with Section 17.52.010 of the Poway Municipal Code for Development Review 00-12 for a (Phase 1) new 11,735 square foot Sanctuary, and a (Phase 2) 3,552 square foot addition to the Sanctuary and 6,460 square foot addition to the existing building for a new Preschool and Bible College, at the Living Way Church at 13609 Twin Peaks Road in the RS-4 zone, are made as follows: The Sanctuary and building development will be built on a previously disturbed property, offers significant open space, and will not result in altered land forms. Therefore, the building respects the interdependence of land values and aesthetics to the benefit of the City. The Sanctuary building is in character with 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 :1 property within the City along with associated facilities, such as but not limited to signs, landscaping, parking areas and streets. There are public facilir :1 utilities available. No significant' traff' I occur with this development. The project will otb to all City ordinances. Therefore, the proposed project does not detract from the of the public health, safety and general welfare, and property throughout the City. The Sanctuary building is designed to significant architectural detailing and articulation. The design rises gently from the one to two story Therefore, Resolution No. P- 01-38 Page 4 the proposed development respects the public concerns for the developments. of 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. The proposed project will comply with all of the p ' ' and the General Plan. ithe Zoning Ordinance Section 4: Pursuant to G l Code Section 66020, the public imp for this Modification to Conditional Use Permit 87-03 and Development Review 00-12 are made as follows: The design and improvements of the proposed development [with all elements of the Poway General Plan, as well as City ordinances, because all necessary :l facilil' 31e to serve this project. The payment of sewer and traffic mitigation 1' :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 and traffic mitigation fees, which are assessed on a pro-rata basis to finance and provide public inf improvements, which p :1 healthy If or the residents of the City. Section 5: Resolution Nos. P-87-32 and P-96-72 are hereby rescinded. Section 6: The City Council hereby approves Conditional Use Permit 87-03M(2) and Development Review Permit 00-12 to allow a phased expansion of the existing Church at 13609 Twin Peaks Road. The existing Church =a 5,735 square foot Sanctuary, 74 parking spaces, four modular buildings used for children's Sunday School, a library, nursery, and a Bible College for approximately 200 members. The Phase 1 expansion ~ a new 11,735 square foot building containing a 402-seat Sanctuary, a nursery, four offices, and 91 new parking spaces. The Phase 2 expansion consists of a 6,460 square foot addition to the existing 5,735 square foot building for a preschool for a ~ 96 students and a Bible College 1' 140 students. Also included in Phase 2 are a 3,552 square foot addition to the Sanctuary and 50 additional parking spaces. This approval is according to the plans dated January 11 and April 19, 2001, and 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 Resolution No. P-01-38 Page 5 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 to interfere with th 31e 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 fu! heirs, and 1 : the current property owner. Conditional Use Permit 87-03M(2) may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to add that may have been raised during the prior year. Prior 1' ; a Building Permit for the 6,460 square foot :ldition to the existing building the applicant shall obtain approval of a modification to Development Review permit 00-12. Any changes in the approved use of the site, including but not limited to the hours of operation, the number of students, reductions in parking, or the number of fixed seats, 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 S '-1 modir " ! be processed administratively or may be referred to the City Council for a public hearing. Pursuant to Poway Municipal Code Sec. 8.08.100, the use of all powered :luipment on the project site shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, and may not occur on holidays. The applicant shall obtain a Grading Permit for Phase 1 of the project. If grading for any other phases of the project exceeds 50 cubic yards of earthwork, or if the cut is greater than two feet in vertical depth and l slope steeper than 2:1 (two horizontal to one vertical) and the fill is more than one foot in vertical depth, then the applicant shall apply for a grading permit and submit a grading plan 1' approval to the City Development Services Department. If the above conditions do not apply for any other phase, 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. Prior I : a Grading Permit, the applicant shall comply with the following: Resolution No. P- 0].-38 Page 6 A grading plan shall be prepared on a City of Poway standard Mylar at a scale of 1"=20', and shall be submitted along with a grading permit application and applicable fees to the Development Services Department, Engineering Division, for review and approval. A grading plan submittal checklist is available at the Engineering Division front counter. At a · ' the grading plan shall show the following: 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. The driveway profile or equivalent data shall also be shown. The driveway approach shall be per Regional Standard Drawing G-17 or G-12. b. A sep construction. lrol plan for prevention of sediment run-off during All new slopes with a 2:1 (horizontal to vertical) slope. 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, :1 by the Planning Division and/or Engineering Division prior t I a grading permit. All utilities, together with the appurtenances, and any easements. Encroachments are not permitted upon any easement without an approved encroachment agreement/permit. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. 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 slope stability analysis shall accompany the soils report for any proposed fill slope over two feet in height. 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. Said system shall include all easements required to properly handle the drainage. Concentrated tl driveways are not permitted. = = 10. Resolution No. P- 01-38 Page 7 T 31lance with the Gl Act, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of :[ into the storm drain system orthe natural stream. The SWPPP shall include, but not be limited to, an effective method of :J sediment control, a material storage si! to protect material from being exposed to storm run-off, protection of all storm drain inlets, truck wash and :roi, and other means of 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 th Irol plan, but shall be under sel: from the grading and improvement plans. The applicant shall pay all applicable engineering; plan checking, permit and inspection fees. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City. The applicant shall apply 1' ystem analysis to establish the location of fire hydrants, as determined by the Fire Marshal, and to determine the adequacy of the existing water mains and any necessary water main extension to serve the project. The cost of the analysis shall be paid by the applicant. If required, a separate set of improvement plans for the onsite water imp shall be submitted lly with the submittal of the grading plan to Engineering Division 1' :1 approval. Since the project relies upon the southerly parcel to satisfy the parking requirements, the applicant shall process either a lot tie agreement, a lot merger, or a reciprocal :1 parking agreement for the two parcels. Complete landscal; documents (and plan check fee) shall be submitted for all areas of new Plans shall be prepared in accordance with the Poway Zoning Code, and Guide to Landscape Requirements and shall include but not be limited to the following: Street trees per the above landscape requirements, at 30 feet on center. Landscaping for all new parking lot areas per the above landscape req including a minimum of one 15-gallon size broad spreading evergreen tree for every three spaces, and landscape Resolution No. P- 0~L-38 Page 8 'y eight to ten parking spaces. Parking lots shall be provided with landscaping sufficient to screen parking areas from the street, using earth berms, walls and/or plantings. Screening shall achieve a minimum height of 36 inches except where site distances are a factor. A ' ' : 5-foot wide landscaped pi 3all be provided along the southern, ~1 eastern property lines. Landscaping shall consist of a ' ' 115-gallon trees, 20 feet on center, and shrubs to provide a dense landscape screen from the adjacent residentially zoned properties. In addition, a solid wood fence, six feet in height shall be provided along the southern property line shared with the homes on Outlook Road to the sar ' : the Director of Development Services. Access gates will be provided if the residents on Outlook Road desire, but access through the gates will be at the discretion of the Church. Along the eastern property line, a solid wood fence, six feet in height, shall be provided, except within the required 25-foot front yard setback measured from Midland Road right-of-way. The fencing may be built in phases corresponding to each phase of adjacent project The existing chain link fence shall be retained until such time as the wood fence replaces it. d. Irrigation pi · I with the above landscape req A tree removal permit application shall be submitted for approval by the Director of Development Services for the removal of any mature trees. The applicant shall submit a report from a qualified arborist evaluating the necessity of the proposed t Trees along streets and property lines should be preserved whenever feasible. Tree replacement will be required. The size and location of the tree replacement will be determined as part of the review of the project landscape plans. Prior to ' ~ a Building Permit for each phase, the applicant shall comply with the following: The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the condir :1 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 I~ 3table to the City. Resolution No. P- 01-38 Page 9 Erosion control, including but not limited to desiltation basins, shall be installed and :1 by the developer throughout construction of the project. Rough grading of the project site shall be completed and meet the approval of the City Inspector and shall include submittal of the following: a. A certification of line and grade, prepared by the engineer of work. b. A final soil compaction report f approval by the City. City approval of a soil compaction report shall be obtained. Prior to start of any work within City-held ',~ht-of-way, such as curb and gutter removal and replacement on Pomerado Road to :~ate the new driveway located directly across from Via Monte Carlo, 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. The following development fees shall be paid to the Engineering Division. These f , Ily in effect and are subject to change without notice. Water Meter Cost SDCWA fee Service Line %-inch $130 $3,710 $2,004 $1,430 *l-inch $270 $6,678 $3,206 $1,430 * If a 1" meter is required only for fire safety, %" meter fees for Expansion & SDCWA will be applicable. Sewer Sewer fees are based on 1 Equivalent Dwelling Unit (EDU) for the first four fixtures, plus 1 EDU for every additional fourfixtures. Additional f less than 4 are prorated to a quarter of an EDU. Sewer rate is $2,356 per EDU. Phase 1 proposes 20 new fixtures, or 5 (20/4) EDU's. 5 EDU'S x$2,356 = $11,780 Traffic Mitigation 60 trips/acre x 3.3 acres x $66 x 0.25 = $3,267 Park N/A Resolution No. P- 0:~-38 Page 10 = Drainage $1,570/acre x 3.3 acres = $5,181 Construction staging shall be depicted on the submitted plans, with the location subject to approval of the Director of Development Services. The building plans shall include a detail of the trash :s) along with enough I :late all dumpsters, both proposed and existing. Said 3all be of decorat' 3/block or a stucco finish and solid metal gates painted to match the proposed Sanctuary. They shall be a minimum of 7 feet deep x 10 feet wide, and be designed per EDCO Corporation standards. All two-way trail' 3all b ' ' : 25 feet wide. The site plan shall show all required parking. In accordance with the Poway Zoning Cod ' ' ~ 133 parking spaces shall be provided for Phase 1, and 215 spaces for Phase 2 (based on the fixed Sanctuary seating). 11. All new parking spaces shall be double striped. Th ' ' d for standard sized parking stalls shall be 8.5'x 18.5'. 12. 13. The site plan shall show, at parking lot island ' ' 12-inch wide walk adjacent to parking stalls. It shall also depict wheel stops where overhanging vehicles would reduce th ' ' :luired planter d' The plans shall provide all new utilities placed underground, as well as the existing overhead utilities along Midland Road. 14. The building plans shall depict the exterior building colors and materials consistent with the project plans on file in the Development Services Department dated January 11, 2001, and project f sample board on file, except as modified herein. All materials and colors shall be depicted on the plans, including sp I :les. 15. The building plans shall depict all roof appurtenances, including air conditioners, architecturally integrated, screened from view and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 16. 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-p :lium and designed as such that they reflect light downward, and away from streets and adjoining properties pursuant to Poway Municipal Code Section 17.08.220.L. All existing exterior lighting fixtures shall be Iow- retrofitted, as necessary, such that they reflect light downward and away Resolution No. P- 01-38 Page 11 from streets and adjoining properties pursuant to Poway Municipal Code Section 17.08.220.L. Parking lot lights shall not exceed a height of 18 feet from the finished grade. K= The applicant shall construct the following improvements to the satisfaction of the Director of Safety Services: Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and City of Poway Ordinance No. #64. The buildings shall display th ' :Id 31e from the ~ .. M :the building numbers shall be six 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 Sheriff Department ASTREA criteria. Every building hereafl ' :1 shall be accessible to fire department apparatus by way of :iways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having · ' ! 13 feet, 6 inches of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The building will be required to install an approved fire sprinkler system meeting P.M.C. req Entire system is to be monitored by central monitoring company. System post ind with tamper switches, :i, are to be located by the City Fire Marshal prior to installation. An automatic f' /stem shall be installed to approved standards by properly licensed contractor· The system shall be completely monitored by a U. L. listed central 3any or proprietary remote station. A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. Plans to be submitted and approved, prior to installation. = A "Knox" Security Key Box shall be required for the buildings at a location determined by the City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler post ind' Fire Department access for use of fire fighting equipment shall be provided to the immediate job site at the start of construction, and maintained at all times until construction is completed. Resolution No. P- 0].-38 Page 12 P :lways for fire apl: I be designated as 'Fire Lanes' with appropriate signs and curb markings. 10. A minimum 2A:10BC fire extinguisher is required for every 3,000 square feet and 75 feet travel distance. 11. If gurney. Minimum d' 4'3" deep. led, it shall be sized I -~ hospital for the inside car platform shall be 6'8" wide by 12. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 13. Prior to delivery of combustible building material on-site, water and sewer systems shall y pass all required tests and b :1 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 :y has been substantially completed to the sal ' : the City. 14. Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of from the standpipe or attached additional risers, accessible by a 3'0" man door. Prior t 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 00-12 and CUP 87- 03M(2), along with the condil' -1 therein/herein. Afinal inspection from the appropriate City Departments will be required and approval for occupancy obtained. Driveways, drainage facilities, slope landscaping and p and utilities, shall be constructed and completed, and inspected by the Engineering Inspector. An adequate drainage system capable of handling and disposing all surface water shall be provided to the sat :the Engineering Inspector. 4. All proposed utilities within the project site shall be installed underground. M= Resolution No. P- 01-38 Page 13 = 3er shall, all damages to the public imp Midland Road, as a result of th "the City Engineer, repair any and on Twin Peaks Road and on i each phase of this project. 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 in a manner to allow the City adequate time for review and approval prior to ~ occupancy and release of grading securities. The following peri' use of the ChurchJ' :lards shall apply to the Chumh facility, including the }ansion upon establishment of its use: The use of the Church, Bible College, and Preschool shall be limited to religious and educational activities, along with related accessory uses. 2. Th such a :the Church, Bible College, and Preschool shall not occur in to create adverse impacts on th :l parking :ling public streets. The facility shall be operated in such I ' ' y 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, or any loudspeaker sound amplification system, exceeds the noise standards contained in the Poway Municipal Code. Upon occupancy of the new Phase 2 the four modular approved pursuant to CUP 87-03 and CUP 87-03M shall be removed from the site, to the satisfaction of the Director of Development Services. 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 lighting fixtures shall be :l as such that they reflect light downward, away from any road or street, and away from any adjoining premises. 7. The parking areas and driveways shall be well 8. All landscaping shall be adequately irrigated and well ;I atall times. 9. Th 3erator of the facility shall routinely and regularly inspect the site I 31lance with the standards set forth in this permit. Resolution No. P- 01-38 Page 14 Section 8: The approval of CUP 87-03M(2)/DR 0C ~ire on July 31,2003, at 5:00 p prior to that time, a Building Permit has been issued and the property in the CUP/DR approval h i prior to its expiration. Section 9: Pursuant to G : Code Section 66020, the 90-day approval pedod in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on August 14, 2001. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 31st day of July 2001. Michael P. Cafagn ~, M~or ATTEST: nne Peoples, City Olerk 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- 01-38 , was duly adopted by the City Council at a meeting of said City Council held on the 31st day of July 2001, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON Peoples, City Cie City of Poway