Res P-03-53RESOLUTION NO. P- 03-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION TO CONDITIONAL USE PERMIT 00-17(M),
A REQUEST BY THE RESURRECTION COMMUNITY CHURCH
TO ESTABLISH A PRESCHOOL AND EXPAND THE HOURS OF OPERATION
AND RESCINDING RESOLUTION NO. P-00-63
APN: 317-640-52
WHEREAS, on August 15, 2000, the City Council approved Conditional Use Permit 00-
17 establishing a church (Resurrection Community Church) on a 3.2-acre site located
at 12730 Elmpark Lane within the Residential Single-Family-7 (RS-7) zone, pursuant to
Resolution No. P-00-63; and
WHEREAS, an application for a modification to Conditional Use Permit 00-17(M) was
submitted by R Community Church, applicant and owner, to establish a preschool
for 15 children within the church's existing community room and to expand the church's hours
of operation 1. :late the preschool and church-related activities in the evening, and
WHEREAS, on August 19, 2003, the City Council held a duly advertised public headng
to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED the City Council does hereby resolve as
follows:
Section 1: The City Council finds that this project is Categorically Exempt from the
California E Quality Act as a Class 3, pursuant to Section 15303 of the CEQA
Guidelines, because the project involves the of an existing small building to a
preschool and the development of a small playground. No exterior modif' proposed
to the building.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for the modification to Conditional Use Permit 00-17 to establish a preschool for 15
children and to extend the hours of operation of the church located at 12730 EImpark Lane
within the Residential Single-Family-7 (RS-7) Zone, are made as follows:
The location, size, design, and operating ch' the church and preschool,
and the extended hours of ol; t with the title and purpose of Chapter
17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the RS-7
zone, the City General Plan, and the development policies and standards of the City in
that preschool and church lowed with a Conditional Use Permit.
The location, size, design, and operation ch : the church and preschool
will be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, residents, buildings, structure, or natural that the number of
students at the preschool will be limited to 15 and the facility will be located within an
existing building.
Resolution No. P-03-53
Page 2
The church and preschool are in harmony with the scale, bulk, coverage, and density
of, and ' : with, adjacent uses in that the preschool will occupy an existing
building whose desig :t complimentary to surrounding buildings. The
playground will be located adjacent to the church and screened from neighboring
residences by an existing wall.
There are adequate public facilities, services, and utilities available at the subject site
to serve the church and preschool.
There will not be a harmful effect upon the desirable surrounding property
ch in that the church and preschool will occupy existing buildings. The
surrounding neighborhood will be able to participate in the preschool and other
activil' ~ as a result of extending the hours of operation.
The g 'traffic will not adversely impact the capacity and physical character
of the surrounding streets in that the church does not operate at peak traffic hours, the
preschool will only have 15 children, and the use provid ' parking as required
by the zoning code req ' Drop-off and pick-up of children will occur within the
parking lot. The extended hours of operation will not increase the current traffic levels
in the neighborhood because the number of attendees at the potential new church
related functions are limited by the capacity of the existing church sanctuary and
community :ly in use.
Th [able for the type and intensity of the proposed use and development in
that the church and preschool use are located with' .~ church facility that has
the capacity for a preschool and playground.
There will not be significant harmful effects upon quality and natural
in that the church and preschool are located on a previously developed
property, and does not involve the removal of natural habitat
There are no relevant negative impacts associated with the church and preschool
that cannot be mitigated.
The potential impacts, and the proposed location, size, design, and operating
ch ~' 'the church and preschool will not be materially injurious to properties
or imp ' the vicinity, nor be contrary to the adopted General Plan, in that the
church and preschool has been designed and sited to comply with the Poway Zoning
Code and the General Plan.
The church and preschool will comply with all the applicable provisions of Chapter
17.48 of the Poway Municipal Code.
: Code Section 66020 for the public
Section 3: The findin~ :lance with G
imp are made as follows:
Resolution No. P-03-53
Page 3
The design and imp of the proposed development are consistent with all
elements of the Poway General Plan, as well as City ordinances, because all
necessary :1 f I be availabl 3e project. The provision of
public imp ~ :l payment of traffic impact f :led as a result of the
proposed development to protect the public health, safety and welfare.
Section 4: The City Council hereby approves CUP 00-17(M) to establish a preschool for 15
children in with an existing church previously approved under this CUP and to
extend the hours of operation of the church located at 12730 Elmpark Lane within the RS-7
Zone, as shown on the plans dated July 12, 2000, and June 2, 2003, subject to the following
conditions:
Approval of this CUP 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
ord :fect 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 Covenant Regarding Real Property.
The use conditionally granted by this approval shall not be conducted in such a manner
as to interfere with th ~le use and enjoyment of surrounding uses.
The conditions of CUP 00-17(M) shall ~ect for the life of the subject church
and related uses, and shall run with the land and be binding upon future owners,
heirs, and t ' : the current property owner.
Within six (6) months of the date of this approval, the Director of Development Services
shall submit to the City Council a staff report on the preschool operation and the
extended hours of o1: " :1 their compliance with the conditions of approval and
the Poway Municipal Code.
CUP 00-17(M), and any revision thereto, 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.
P ' 31ishment of Phases 3 and 4 as shown on the plans dated July 12, 2000,
for CUP 00-17 approved by City Council Resolution P-00-63, an amendment to this
permit, with review by the City Council at a public hearing, is required.
Any changes in the approved use of the site, including, but not limited to, the hours of
operation, the number of students, reduction in parking, activities that would modify the
parking requirement, will require the approval of a modification to this Conditional Use
Permit. Depending upon the scope of such changes, at the d 'the Director of
Resolution No. P-03-53
Page 4
Development Services, said modit " ! be processed ad
referred to the City Council for a public hearing.
y or may be
A 20-foot-wide path shall be provided from the preschool exit to the public right-of-way
to the sat ' the Director of Development Services.
The drop-off and pick-up location of the children may be conducted within the parking
lots off of Elmpark Lane and Silver Lake Drive. If the Elmpark Lane drop-off and pick-
up location negatively affects the neighborhood as determined by the Director of
Development Services, the drop-off and pick-up location shall be limited to the Silver
Lake Drive parking lot.
A 6-foot-high, black, vinyl-coated, chain-link fence shall be provided around the
playground to ti' ' ' the Director of Development Services.
Prior to the operation of the preschool, the following shall apply:
The applicant shall prepare a landscape plan for the church
property, including, but not limited to, the park area along Silver Lake Road and
the borders of both parking lots. This is to ensure that the landscaping will be
adequately irrigated, and permanently and fully :1 by th [ all
times.
The applicant shall submit to the Planning Division a revised site plan that
shows the 20-foot-wide exit path, landscape strip, fencing, and drop-off and
pick-up I :luired by this resolution.
The following development fees shall be paid to the Engineering Services
Department within 30 days of approval of this application. These fees are
currently in effect and are subject to change:
Traffic
The traffic mitigation fee for the preschool is as follows:
(3.2 acres - 0.5 acre credit for the pastoral house)(60 trips/acre)($66.00/trip)(0.25)
+ (1.5 trip/student)(15 students)($66.00 per trip)(0.25) =
(2.7)(60(66)(0.25) + (1.5)(15)(66)(0.25)
($2,673.00) + ($371.25) ($780.00) = $2,264.25
Traffic mitigation fees previously paid on this property totals $780.00
Resolution No. P-03-53
Page 5
The applicant shall comply with the following req
Director of Safety Services:
to the satisfaction of the
Roof coverings shall be fire retardant as per UBC Section 3203(e) and City of
Poway Ordinance No. 64.
The building shall display the numeric address in a manner visible from the
:. Th ' ' :the building numbers shall be six inches on
the front facade of the building. The building address shall also be displayed on
the roof' dsfactory to the Director of Safety Services, and meeting
Sheriff's Department "ASTREA" criteria.
Every building hereafter -1 shall be accessible to Fire Department
apparatus by way of :lways with all weather driving surfaces of not
less than 16 feet of unobstructed width, with adequate roadway turning radius
capable of supporting the imposed loads of fire apparatus and having a
· ' ~ 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 buildings will be required to install an approved fire sprinkler system
meeting P.M.C. req The entire system is to b :t by a central
monitoring company. System post ind lh tamper switches, also
monitored, are to be located by the City Fire Marshal prior to installation.
Buildings needing sprinklers will be determined ,-'tion submittals come
forward.
An automatic fire alarm system shall be installed to approved standards by a
properly licensed contractor. System shall be completely monitored by a U.L
listed central aany or proprietary :ion. (Classroom
building.)
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 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 all
immediate job : the start of t ~ at all
times until ~leted.
Permanent 'lways for fire apparatus shall be designed as 'Fire Lanes'
with appropriate signs and curb markings.
Resolution No. P-03-53
Page 6
10.
A minimum 2A:10BC fire extinguisher is required for every 3,000 square feet
and 75 feet of travel distance.
11.
The addition of an on-site fire hydrant may be required. The location of the
hydrant shall be determined by the City Fire Marshal.
12.
Fire sprinkler riser(s) shall be located within 10 feet of :man door
or shall be located insid :1 closet with door.
Door shall be labeled with a sign indicating "Fire Sprinkler Riser". When the
closet method is chosen, applicant shall provide 36 inches of clearance from the
standpipe or attached additional risers, accessible by a 3'-0" man door.
13. Dead-end :lway
fire department t :1.
' 150 feet in length require an approved
14.
A Fire Alarm System must be installed at the preschool facility. If the children
will sleep in the preschool facility, smoke d . II be required.
Upon establishment of the preschool, pursuant to CUP 00-17(M), the following shall
apply:
The use of the church and preschool shall be limited to religious and
educational activities, along with related accessory uses that provide a benefit to
th [y.
The use of the church and preschool along with related accessory uses shall be
limited to the times as follows:
· Monday through Friday from 6:00 a.m. to 6:00 p.m. - preschool.
· Monday through Friday from 6:00 p.m. to 10 p.m. (various church-related
activities and meetings).
· Saturday from 9:00 a.m. to 10:00 p.m. (various church-related activities
and meetings).
· Sunday from 8:00 a.m. to 10:00 p.m. (various church-related activities
and meetings).
All activities shall occur within the building, playground, and/or courtyard
immediately adjacent to the buildings unless otherwise approved through a
Temporary Use P :1 by the City.
In addition to the Temporary Use Permit rea contained 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
Resolution No. P-03-53
Page 7
Development Services, shall require the approval of a Temporary Use Permit by
the City.
The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with ti' ~arcJ
in Chapter 8.08 of the Poway Municipal Code. At no time shall equipment noise
from any :t ti- :lard :t in the Poway Municipal
Code. No loudspeaker sound amplification system shall be used to produce
sound :the Noise Ord ding telephone or electric bell or
chime system.
All facilities and related equipment shall be maintained in good repair. Any
damage from any cause shall be repaired 31y possible so as
t ' ' : danc~ ditions or visual blight.
All lighting fixtures shall be :t such that they reflect light downward,
away from any road or street, and away from any adjoining premises.
Th
3erator of the facility shall routinely and regularly inspect the site
~liance with the standards set forth in this permit.
All landscaping, including areas within the park and adjacent to public right-of-
way, shall be adequately irrigated, and permanently and fully maintained by the
owner at all times in accordance with the rec of the City of Poway
Guide to Landscape Requirements. The trees shall be encouraged and allowed
form. Pruning should b :1 ~e health of
the trees and to protect the public safety. Trees should be trimmed or pruned
as needed to develop strong and healthy trunk and branch systems. Tree
and pruning shall be in accordance with "American National
Standard for Tree Care Operation" latest edition (ANSI A300). Trees shall not
be topped and pruning shall not remove more than 25% of the trees' leaf
surface.
10.
The church shall ensure that the congregation, church and preschool staff, and
all service providers park within the on-site parking areas, and not on the nearby
streets. Drop-off and pick-up ~ ~all occur within the parking lots.
11.
Any signs proposed for this development shall be designed and approved in
with the Poway Municipal Code and require the approval of a
separate Sign Permit.
Section 5: Resolution No. P-00-63 is hereby rescinded.
Section 6: The approval for the establishment of a preschool within the church facility shall
expire on August 19, 2005, at 5:00 p.m. unless prior to that time the use has been established.
Resolution No. P-03-53
Page 8
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 19th day of August 2003.
ATTEST:
'~A~'nne Peoples, C~ty Cler
ord, D~ ,uty Mayor
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-03-53 , was duly adopted by the City
Council at a meeting of said City Council held on the 19th day of August 2003, and that it was
so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
City of Poway