Res P-04-25
RESOLUTION NO. P-04-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-03
AND DEVELOPMENT REVIEW 03-04
ASSESSOR'S PARCEL NUMBER 314-132-07
WHEREAS, Conditional Use Permit (CUP) 03-03 and Development Review (DR)
03-04 were submitted by Land Use Consultants, Applicant, to construct a 3,000-square-
foot sanctuary addition to an existing Church building and remodel the existing 2,500-
square-foot Church building on a developed property located at 13940 Pomerado Road
in the Residential Single-Family 7 (RS-7) zone, and;
WHEREAS, on March 30, 2004, 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, BE IT RESOLVED by the City Council of the City of Poway
as follows:
- Section 1: The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines, in that the project involves a negligible expansion of an
existing use.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code for CUP 03-03 to construct a 3,000-square-foot addition and remodel
an existing 2,500-square-foot sanctuary at an existing religious facility property located
at 13940 Pomerado Road in the Residential Single-Family 7 (RS-7) zone, are made as
follows:
A. The proposed location, size, design, and operating characteristics of the
proposed Church expansion and remodel are in accord with the title and purpose
of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit
Regulations), the City General Plan, and the development policies and standards
of the City in that religious facilities are allowed with a Conditional Use Permit
and no Variances are requested.
B. The location, size, design, and operating characteristics of the proposed Church
expansion and remodel will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources in that in that the buildings of the facility will observe a minimum 50-
foot setback from adjacent residential development.
Resolution No. P-04-25
Page 2
C. The proposed Church expansion and remodel is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the
proposed expansion will be located on an existing previously graded pad and will
be added to the existing Church building. The new building will be designed to
be consistent and complimentary to surrounding buildings.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed Church expansion and remodel.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed Church expansion and remodel has been
designed, and sited, such that it will be compatible with the surrounding
community. The project will not utilize streets in the residential neighborhoods to
the north and a minimum 50-foot setback from the religious facility to the
adjacent residentially zoned properties will be provided.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the
General Plan in that the proposed Church expansion is located on an existing
Church site and will not generate additional traffic other than what the Church
does now. The expansion and remodel will not adversely impact the capacity
and physical character of Pomerado Road. Therefore, the proposed project is
found to be consistent with the Circulation Element of the General Plan.
G. The site is suitable for the type and intensity of use or development which is
proposed, it is located in an area with suitable circulation and other infrastructure.
The proposed Church expansion and remodel will allow the Church to expand its
services to the community.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed Church expansion and remodel is located
on a developed property, and does not involve the removal of natural habitat
resources.
I. There are no relevant negative impacts associated with the proposed Church
expansion and remodel that cannot be mitigated in that the facility will comply
with County and State requirements.
J. That the potential impacts, and the proposed location, size, design, and
operating characteristics of the proposed Church expansion and remodel will not
be materially injurious to properties or improvements in the vicinity, nor be
contrary to the adopted General Plan.
Resolution No. P-04-25
Page 3
K. The proposed Church expansion and remodel will comply with all the applicable
provisions of Chapter 17.48 of the Poway Municipal Code in that the project will
meet all current development standards.
Section 3: The findings, in accordance with Section 17.52 of the poway Municipal
Code, for Development Review 03-04 to construct a 3,000-square-foot addition and
remodel an existing 2,500-square-foot sanctuary at an existing religious facility located
at 13940 Pomerado Road within the Residential Single-Family-7 (RS-7) zone, are made
as follows:
A. The religious facility expansion has been designed to comply with the
development standards of the Poway General Plan and Municipal Code. The
colors and materials used in the construction of the facility are compatible with
the surrounding development. The building will be set back 50 feet from the
adjacent residential property lines and landscaping will soften the building from
such views. Therefore, the building respects the interdependence of land values
and aesthetics to the benefit of the City.
B. The buildings have been designed to comply with the development standards of
- the Poway General Plan and Municipal Code and be in character with existing
development in the area. Therefore, the proposed development does not conflict
with the orderly and harmonious appearance of structures and property within the
City along with associated facilities, such as, but not limited to, signs,
landscaping, parking areas and streets.
C. There are public facilities, services and utilities available. No significant traffic
impacts will occur with this development. The project will otherwise conform 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.
D. The buildings are designed to be consistent in design with surrounding
development. Therefore, the proposed development respects the public
concerns for the aesthetics of developments.
E. 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.
F. The proposed project will comply with all of the provisions of the Zoning
Ordinance, and the General Plan.
Resolution No. P-04-25
Page 4
Section 4: Pursuant to Government Code Section 66020, the design and
improvements of the proposed development are consistent with all elements of the
Poway General Plan, as well as City Ordinance, because all necessary services and
facilities will be available to serve this project. The construction of public improvements
is needed as a result of the proposed development to protect the public health, safety,
and welfare as identified below:
A. In accordance with the Poway General Plan, the project requires the payment of
sewer, water and traffic mitigation fees, which are assessed on a pro-rata basis,
to finance public infrastructure improvements, which promote a safe and healthy
environment.
Section 5: The City Council hereby approves CUP 03-03 and DR 03-04, a request to
construct a 3,000-square-foot sanctuary addition and remodel the existing 2,500-
square-foot Church building at 13940 Pomerado Road (Seventh Day Adventist Church),
as shown on the plans dated November 20, 2003, subject to the following conditions:
A. Approval of this CUP and DR 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.
B. 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 Regarding Real Property.
C. 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.
D. The conditions of CUP 03-03 and DR 03-04 shall remain in effect for the life of
the subject religious facility and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. CUP 03-03 and DR 03-04 may be subject to annual review as determined by the
Director of Development Services for compliance with the conditions of approval
and to address concerns that may have been raised during the prior year.
F. The applicant shall obtain a Building Permit prior to construction of the new
sanctuary or the remodel of the existing sanctuary. Prior to issuance of a
Building Permit, the applicant shall comply with the following:
- Resolution No. P-04-25
Page 5
1. 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.
2. The site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated November 20, 2003) and
the conditions contained herein. A final inspection from the appropriate
City Departments will be required.
3. The specific materials used to create the paint and texture of the new
sanctuary and existing Church remodel shall be depicted on the building
plans. The selected building and roofing materials shall match, as closely
as possible, the existing walls and roof, to the satisfaction of the Director
of Development Services.
4. If grading is to exceed 50 cubic yards of earthwork, or if the cut is greater
than two feet in vertical depth and creates a cut slope steeper than 2:1
(two horizontal to one vertical), or if a fill is more than one foot in vertical
-- depth then the applicant shall apply for a grading permit and submit a
grading plan for review and approval to the City Development Services
Department. If the above condition does 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.
5. If a new fire hydrant is required, the applicant shall apply for a water
system 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 for by the applicant
6. If a new fire hydrant is required, improvement plans for the onsite water
improvements shall be submitted for review and approval by the
Engineering Division.
7. If a new fire hydrant is required onsite, the applicant shall file documents
with the City, along with at $1,000 plancheck fee, to dedicate a 20' wide
public water easement.
-- 8. The applicant shall post a $2,000 erosion control security.
9. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Resolution No. P-04-25
Page 6
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an onsite de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with an approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all at areas prior to discharge, effectively creating a desiltation
basin from the pad.
10. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
-- staked in accordance with the approved project plans.
11. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout construction of the
project.
12. Prior to start of any work within City-held easements or right-of-way, 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.
13. Prior to building permit issuance, the applicant shall provide evidence of
easement abandonment/vacation from San Diego Gas and Electric
Company in reference to the proposed construction of the new sanctuary
over SDG&E's public utility easement. It shall be demonstrated that the
easement will no longer be needed.
14. The following development fees shall be paid to the Engineering Services
Department prior to building permit issuance. These fees are currently in
effect and are subject to change.
-- Sewer: Sewer fees are based on 1 Equivalent Dwelling Unit (EDU) for
the first four fixtures, plus 1 EDU for every additional four
fixtures. Additional fixture units less than 4 are prorated to a
quarter of an EDU. Sewer rate is $2,356 per EDU.
-- Resolution No. P-04-25
Page 7
The project proposes 8 new fixtures, which equates to 2 EDU's.
2 EDU's x $2,356 = $4,712
Traffic Mitigation: 9 trips/1 ,000 sf x 3,000 sf x $66 x 0.25 = $445.50
Park: N/A
Drainage: N/A
15. A six-foot high solid (wood or masonry) freestanding wall or fence shall be
installed on the south property line where there currently is only chain link
fencing.
16. Submit a Tree Removal Permit application to the Planning Division for
review and approval by the Director of Development Services. The
application shall contain a report from a qualified arborist stating why the
trees proposed for removal cannot be protected in place or transplanted.
Trees approved for removal shall be mitigated by increasing the size and
number of trees required on-site by the City of Po way Guide to Landscape
Requirements and Zoning Code to the satisfaction of the Director of
Development Services.
17. Complete landscape construction documents for new landscaping based
on preliminary landscape plans submitted November 20, 2003, shall be
submitted to and approved by the Planning Division. A landscape plan
check fee deposit of $525 is required upon submittal of the plans. Plans
shall be prepared in accordance with the City of Poway Guide to
Landscape Requirements (latest edition) and shall also incorporate the
following:
a. Within the landscape strip between the parking lot and Pomerado
Road, add more trees to provide a tree for every 3 parking spaces,
with an average of 30 feet on center, to the satisfaction of the
Poway Planning Division. All trees along this perimeter must be a
minimum 15-gallon size. The trees shall include suggested
Pomerado Road street trees. Shrubs shall also be included in the
sloped area on Pomerado Road and shall be 5-gallon size.
b. Trees shall be planted at the rate of one tree per 750 square feet of
-- slope area and shrubs shall be planted at the rate of one shrub per
100 square feet.
c. All slope plantings shall be installed, and automatic irrigation
system shall be installed and operational at time of final inspection.
Resolution No. P-04-25
Page 8
d. Mitigation per the conditions of approval of the required Tree
Removal Permit.
e. Sight distance to the satisfaction of the City's Traffic Engineer.
f. Location and detail of existing or proposed parking lot lighting.
18. The overhead utilities that service the two parking lot lights adjacent to
Pomerado Road shall be installed underground.
G. The applicant shall comply with the following requirements to the satisfaction of
the Director of Safety Services:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504
and City of Poway Ordinance No. 64.
2. The building shall display the numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be six
inches on the front facade of the building. The building address shall also
be displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff's Dept. - ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways 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 clearance. The road
surface type shall be approved by the City Engineer, pursuant to the City
of Poway Municipal Code.
4. 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
switches, also monitored, are to be located by the City Fire Marshal prior
to installation. A breakaway padlock shall be required for the fire sprinkler
system post indicator valve.
5. 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 station alarm company or proprietary remote station.
6. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
Resolution No. P-04-25
Page 9
7. Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of construction
and maintained at all times until construction is completed.
8. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
9. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
10. The addition of a fire hydrant is required for this project. The City Fire
Marshal shall determine the location of the hydrant.
11. Prior to delivery of combustible building material on site, water and sewer
systems shall satisfactorily pass all required tests and be connected 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
construction activity has been substantially completed to the satisfaction of
the City.
12. Fire sprinkler riser(s) shall be located within ten (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 clearance from the standpipe or attached additional
risers, accessible by a 3'-0" man door.
H. Prior to obtaining a final inspection on the Building Permits and/or release of
performance and payment securities, the applicant shall comply with the
following unless other timing is indicated:
1. Landscaping, irrigation, paving, and striping shall be installed in
accordance with the approved landscape plans.
2. Driveways, drainage facilities, slope landscaping and protection
measures, utilities, and water improvements shall be constructed and
completed, and inspected by the Engineering Inspector.
3. An adequate drainage system capable of handling and disposing all
surface water shall be provided to the satisfaction of the Engineering
Inspector.
Resolution No. P-04-25
Page 10
4. The developer shall, to the satisfaction of the City Engineer, repair
damages to the public improvements on Pomerado Road as a result of the
construction of this project.
5. The parking lots shall be resurfaced and re-striped to reflect the approved
site plan layout.
6. The wooden parking lot light poles on the Pomerado Road frontage shall
be replaced to meet current commercial lighting styles. The maximum
height allowed is 18 feet.
I. Upon establishment of the expanded religious facility, pursuant to CUP 03-03
and DR 03-04, the following shall apply:
1. All facilities and related equipment shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
2. Security lighting is permitted to remain on provided it has proper shielding
and does not create glare on adjacent properties. Consideration shall be
given to the use of motion sensor security lights where appropriate. All
lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining premises. The
modification to the location of existing or addition of new parking lot lights
shall require the approval of the Director of Development Services.
3. The facility shall be operated in such a manner as to minimize any
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 exceed the noise standards
contained in the Poway Municipal Code. No loudspeaker sound
amplification system shall be used to produce sounds in violation of the
Noise Ordinance, including telephone, electric bell, or chime system.
4. All landscaping on-site and within the adjacent public right-of-way shall be
adequately irrigated and permanently and fully maintained by the owner at
all times in accordance with the requirements of the City of Po way Guide
to Landscape Requirements. The trees shall be encouraged and allowed
to retain a natural form. Pruning should be restricted to maintain the
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 maintenance and pruning shall be in accordance
Resolution No. P-04- 25
Page 11
with "American National Standard for Tree Care Operations" latest edition
(ANSI A300). Trees shall not be topped and pruning shall not remove
more than 25% of the trees' leaf surface.
5. The parking areas, driveways and landscape areas shall be well
maintained.
6. Any signs proposed for this development shall be designed and approved
in conformance with the poway Municipal Code and require the approval
of a separate Sign Permit.
7. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
8. All activities shall occur within the building, and/or courtyard immediately
adjacent to the buildings unless otherwise approved through a Temporary
Use Permit issued by the City.
Section 6: Pursuant to Government Code Section 66020(d)(1), the 90-day period to
protest the imposition of any fee, dedication, reservation, or other exaction described in
this resolution begins on March 30, 2004, any such protest must be in a manner that
complies with Government Code Section 66020. In addition to the appeal requirements
pursuant to Government Code, a written appeal of this decision pursuant to the Poway
Municipal Code must also be filed.
Section 7: The approval of CUP 03-03 and DR 03-04 shall expire on March 30, 2006,
at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
construction on the property in reliance on the CUP and DR approval has commenced
prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 30th day of March 2004.
ATTEST:
- ~~
Sherrie D. Worrell, Deputy City Clerk
- Resolution No. P-04- 25
Page 12
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P-04- 25 ,was
duly adopted by the City Council at a meeting of said City Council held on the 30th day
of March 2004, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: REXFORD
~ 1Û1 ')JJuf) 0
- Sherrie D. Worrell, Deputy City Clerk
City of Poway
-