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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