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Res P-01-60RESOLUTION NO. P~ 01-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING A MODIFICATION TO MAJOR (CONDITIONAL) USE PERMIT 80-15M(2), APPROVING DEVELOPMENT REVIEW 01-09 AND RESCINDING THE DECISION TO APPROVE RESOLUTION P-01-19 DATED MAY 1,2001 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 religious 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 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, on May 1, 2001, the City Council of the City of Poway approved a modification to Major (Conditional) Use Permit 80-15 for the construction of a 2,880- square-foot modular Sunday School and WHEREAS, a modification to Major (Conditional) Use Permit 80-15 (CUP 80-15M2), along with Development Review 01-09, was submitted by T.E. McNicol to allow the remodel and expansion of an existing main building, aka Temple, by 392 square feet to 5,192 square feet, the installation of a 4,752-square-foot two-story multipurpose building, and the installation of a 455-square-foot garage at the Sikh Foundation Temple located at 12269 Oak Knoll Road within the RS-1 zone; and WHEREAS, on November 27, 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(2)/DR 01-09 is Categorically Exempt from the previsions of the California E Iai Quality Act, pursuant to Section 15303(c) of CEQA, Class 3 Exemption, as it' of less than 10,000 square feet on a site zoned for the use, and does not involve hazardous materials. Section 2: The finding :lance with Section 17.48.070 of the Poway Municipal Code, for the modification to Major (Conditional) Use Permit 80-15M to allow the remodel and expansion of an existing 4,800-square-foot main building by 392 square feet to 5,192 Resolution No. p-01-60 Page 2 square 1' ge the existing th '* a 4,752-sq story multipurpose building, and the installation of a 455-square-foot garage to an existing legally established religious facility use located at 12269 Oak Knoll Road in the RS-1 zone, are made as follows: A religious facility has occupied the site since 1982 and the primary and proposed accessory uses are permitted uses of the RS-1 zone site. The size and design of the structures are appropriate for the use and location. Therefore, the proposed location, size, design and operating ch :the modifical' with the established religious facility :1 with the title and purpose of Section 17.46.070 of the Poway Municipal Code, the purpose of th ~ich the site is located, the City's General Plan, and the development policies and standards of the City. The modifications will upgrade and enhance the existing development on the property and are appropriate as primary and accessory buildings 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, buildings, structures, or natural The modifications to the existing facility will meet or exceed Zoning Code standards for scale, coverage and density. Therefore, the harmony in scale, bulk, coverage and density of the project ' l with adjacent uses. D. There are public facilities, ri utilities available to the site. The site is located in an area of predominantly uses. The remodel of the main building and of the multipurpose building will not negatively affect neighboring properties. Therefore, there will be no harmful effect upon desirable neighborhood ch ~' The multipurpose building will allow meetings and classes to occur that are accessory to the existing religious facility, will not increase attendance, and will result in no increase in traffic. Activities will not take place simultaneously in both structures. Therefore, the capacity and physical character of surrounding streets will not be impacted and the project' ' ~ I with the Circulation Element of the General Plan. The proposed modifical' I in area compared with the overall property. Th ' ~le for the proposed additions and uses. Resolution No. P- 0].-60 Page 3 The use involves no materials or processes nor does it affect natural as it will not affect the adjacent creek. Therefore, there will not be significant harmful effects upon Iai 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 :t will not be detrimental to the public health, safety or well :erially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan; and The proposed conditional use will comply with each of the applicable p ' ' 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 01-09 to remodel the main building, and install a multipurpose building and two-car garage, at 12269 Oak Knoll Road in the RS-1 zone, are made as follows: The proposed project will be built on a previously created pad and will not alter the existing pad area or height. Therefore, the project respects the interdependence of land :1 aesthetics to the benefit of the City. The proposed modifications do not conflict 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 appearance of and 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 form 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 proposed modifications will not result in significant impacts on the surrounding community since they are located away from the street and adjacent properties. They are screened from the view of nearby residential properties by ~ vegetation in Poway Creek. The onsite buildings will ut ' designs that will result in compatibility of the main and accessory structures. Therefore, the Resolution No. P- 01-60 Page 4 proposed development respects the public concerns for the developments. of The proposed project will meet the required General Plan 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 ad :hetic, 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. :the Zoning Ordinance Section 4: Pursuant to G : Code Section 66020, the public improvements for this Modification to Conditional Use Permit 08-15 and for Development Review 01-09 are made as follows: The design and improvements of the proposed development I with all elements of the Poway General Plan, as well as City ordinances, because all necessary :1 facilit' 31e to serve this project. The payment of sewer t' :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 inf ~ a safe and healthy l for the residents of the City. :l on a pro-rata which promote Section 5: The Decision issued by the City of Poway dated May 1, 2001, approving Major (Conditional) Use Permit 80-15M and DR 00-26 for 12269 Oak Knoll Road is rescinded. Section 6: The City Council hereby app :lification to Conditional Use Permit 80-15M and Development Review Permit 01-09 to remodel and expand an existing 4,800- square-foot main building by 392 square feet for a non-fixed-seat building totaling 5,192 square feet, install a 4,752-square-foot multipurpose building, and a two-car garage, at an existing religious facility located at 12269 Oak Knoll Road in the RS-1 zone, as shown on the plans dated July 20, 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. Resolution No. P- 0].-60 Page 5 Within 30 days of the date of this approval: (1) the app ..:1 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 ale 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 fur heirs, and t ~the current property owner. Conditional Use Permit 80-15M(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. Any changes in the approved use of the buildings, including but not limited to the number of attendees, the hours of operation, orthe nature of the assembly area that resull :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 conceptual project development plan, as submitted for conditioning, does not indicate grading work to be performed to warrant the need of a grading plan requiring a grading permit to be obtained. But, if there is grading work to be done that involves the l of more than 50 cubic yards of earthwork, or the creation of a fill of more than a foot depth, lion of more than two feet in depth, then a grading plan shall be prepared for City's review and approval. Any such grading shall be completed prior to building permit issuance. Pursuant to Poway Municipal Code Sec. 8.08.100, the use of all powered construction equipment 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 Building Permit for the remodel of the main building and construction of the multipurpose building prior1 Prior ! ' 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(2)/DR 01-09, along with the condit' ,1 herein. Resolution No. P- 01-60 Page 6 of th :the floodway shall be dep' ~all encroach into the floodway. plans. No portion The building plans shall show a detail of the proposed trash Ia · ' '7 feet deep x 10 feet wide. Said 3all be designed per EDCO Coq: ' 'lards, have decorar 3/block walls and solid metal gates painted to match. The materials and colors shall be complimentary to the colors and materials of the main and multipurpose buildings. The building plans shall depict all materials and colors, including specific manuf :les. All new equipment appud :ling air conditioners, shall be shown on the plans and shall be architecturally integrated, screened f :l 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 f ~ :l adjoining properties pursuant to Poway Municipal Code Section 17.08.220.L. A landscape and irrigation plan, with specific plant sizes and species and irrigation design, shall be submitted to the planning Division. Landscaping, including shrubs and ground cover along with irrigation, shall be provided adjacent to the multipurpose building and trash to the satisfaction of the Director of Development Services. Aisc, the plan shall provide for refurbishing of prominent landscape planters. This Resolution does not include the approval of any freestanding sign design. A separate permit is required. A Sign Permit application and plans shall be submitted to the Planning Division to bring the existing freestanding sign into conf :h current sign standards. A Sign Permit shall be issued prior to issuance of a Building Permit. A Building Permit and completion of the sign shall be accomplished prior to occupancy of the multipurpose building. The following development fees shall be paid to the Engineering Division. The following 1' Ils currently in effect and is subject to change. The applicant shall pay the amount in effect at the time of Building Permit issuance. Resolution No. P- 0].-60 Page 7 Sewer: C fee of $ dwelling units). for 4.5 EDU's (sewer equivalent The above number of EDU :ed from 18 additional fixture units for the project, as provided by the applicant or its representative at time of preparation ofthe project's conditions of approval. This number of EDU may change if fixture unit count changes orthe total new building area to be built will change. Applicant shall be responsible of notifying the City of any changes prior to building permit issuance. 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 waive compliance 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: Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and City of Poway Ordinance No. 64. The building shall display th ' -Id 31e from the access street. 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's Dept.-^STREA criteria. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of -/ways 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 having a minimum of 13'6" of vertical The read 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. requirements. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switch -I, are to be located by the City Fire Marshal prior to installation (both the new multipurpose building and the expanded existing building). Resolution No. P-01-60 Page 8 A f' /stem shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a U.L. listed central station ~any or proprietary ~ tion. 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 building at a location determined by the City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler system Post Indicator Valve. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and :1 at all times until is completed. Permanent :tways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 10. Minimum 2A: 10BC fire extinguisher required for every 3,000 square feet and 75 feet of travel distance. 11. '/'he addition of two onsite fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 12. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily 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 ' Iy has been substantially completed to the sal ~ : the City. 13. 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 ~ a Certificate of Occupancy, the applicant shall comply with the following: Resolution No. P- 0].-60 Page 9 The site shall be developed in accordance with the approved plans on file in the Development Services Department for both DR 01-09 and CUP 80- 15M(2), along with the condit' :l 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. The developer shall, to the sa! :the City Engineer, repair any and all damages to the public improvements on Oak Knoll Road, as a result of the construction of this project. The following perf :lards shall apply to the Church facility, including the use of the multipurpose building upon establishment of its use: The use of the Temple and multipurpose building shall be limited to religious activities, along with related accessory uses. The activities of the Sikh Temple facility shall not ~ ' to create adverse impacts on the circulation and parking on surrounding public streets. The facility shall be operated in such t ' ' .¢ 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. The main building and the accessory multipurpose building may not be utilized lly for any use, or by any user(s), that would exceed available parking. The Church shall ensure that the membership and ail service providers park within the onsite parking areas, and not on the nearby streets. All lighting fixtures shall be maintained 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 maintained. 8. All landscaping shall be adequately irrigated and well :1 at all times. Resolution No. P-01-60 Page 10 9. ; y 3ect the site I 31iance with the standards set forth in this permit. Section 7: The approval of CUP 80-15M(2)/DR 01-09 shall expire on November 27, 2003, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and const the property' the CUP/DR approval h :1 prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 27th day of November 2001. Michael P. Cafagna~ ~ ATTEST: nne Peoples, 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-01-60 , was duly adopted by the City Council at a meeting of said City Council held on the 27th day of November 2001, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE L~ri (Anne Peoples, C~i~y C~erk City of Poway