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Res P-04-97 RESOLUTION NO. P-04-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 04-17 ASSESSOR'S PARCEL NUMBER 317-101-15 WHEREAS, Conditional Use Permit (CUP) 04-17 was submitted by Stephen and Gail Albert, Applicants, a request to establish a church (Child Centered Church) in an existing 1,350-square-foot tenant space within a multi-tenant commercial center. The subject property is located on the north side of Poway Road, in the Poway Valley Center, within the Town Center (TC) zone, and is addressed at 13380 Poway Road, and; WHEREAS, on December 21, 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 project is Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project involves establishing a new use in an existing commercial building and involves negligible expansion of use beyond that existing. Section 2: The findings, in accordance with Section 17048.070 of the Poway Municipal Code, for CUP 04-17 to establish a church in an existing 1 ,350-square-foot tenant space, within a multi-tenant commercial center, located at 13380 Poway Road in the Town Center zone, are made as follows: A. The proposed location, size, design, and operating characteristics of the proposed church are in accord with the title and purpose of Chapter 17048 of the Poway Municipal Code (Conditional Use Permit Regulations), the City General Plan, the Poway Road Specific Plan, the Town Center zone, and the development policies and standards of the City in that churches are allowed with a Conditional Use Permit. The project will not significantly impact traffic circulation or parking because the church will take place inside an existing commercial tenant space. B. The location, size, design, and operating characteristics of the proposed church will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources in that the facility has been designed and sited such that it will not result in visual impacts to the surrounding community and it will comply with the Poway Municipal Code, and all other applicable State and County codes. C. The proposed church is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the proposed use will be inside of an existing commercial building. Resolution No. P-04-97 Page 2 D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed church in the existing commercial building. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the proposed church has been designed and sited such that it will not result in an impact to the surrounding community. The church will take place inside of an existing commercial building, which is surrounded by other commercial buildings. 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 will be operated when most other tenants in the center are not operating. The church will not generate a significant increase in traffic because the church is proposing to have only 40 people (adults and children), and the streets and site are developed to handle this traffic. G. The site is suitable for the type and intensity of use or development which is proposed in that the proposed church use will enhance citizen religious opportunities in the City. This will assist the City of Poway's goal of the Poway Road Specific Plan to promote land uses that provide family-oriented uses. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed church 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 use that cannot be mitigated in that the use will comply with Poway Municipal Code noise standards. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the proposed church will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the facility has been designed and sited such that it will not result in impacts. K. The proposed church will comply with all the applicable provisions of Chapter 17048 of the Poway Municipal Code in that the facility has been designed and sited such that it will not result in visual impacts. Section 3: The City Council hereby approves CUP 04-17 to establish a church in an existing 1 ,350-square-foot tenant space within a multi-tenant commercial center at 13380 Poway Road, as shown on the plans dated October 26, 2004, subject to the following conditions: A. 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 ordinances in effect at the time of Building Permit issuance. Resolution No. P-04-97 Page 3 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 04-17 shall remain in effectfor the life of the subject church, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. CUP 04-17 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. Any changes in the approved use ofthe site, including, but not limited to, the hours of operation, the number of attendees, reduction in parking, or 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 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. G. The applicant shall obtain a Building Permit prior to establishing the church use. Prior to issuance of a Building Permit, the applicant shall comply with the following: 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 Building Permit issuance. 2. The site shall be developed in accordance with the approved site plan on file in the Development Services Department, dated October 26, 2004, and the conditions contained herein. A final inspection from the appropriate City Departments will be required, 3. A Building Permit will be needed for the change of occupancy from commercial to assembly. 4. Separate toilet rooms will be required for men and women. H. The applicant shall comply with the following requirements to the satisfaction of the Director of Safety Services: 1. Provide panic hardware on the front and rear exit doors. In lieu of panic hardware on the front door, provide an approved key operated dead bolt with Resolution No. P-04-97 Page 4 a sign above the door that reads "This door to remain unlocked during business hours". 2. Install approved illuminated exit signs above the front and rear exit doors. 3, Install an approved occupancy load sign indicating "Maximum Capacity 49", that may be visible and easily read from any location within the facility. 4. Install one 2A:10BC fire extinguisher in a location approved by the Fire Department. I. Upon establishment of the use to allow a church in an existing tenant space, pursuant to CUP 04-17, the following shall apply: 1. The hours of operation shall be on Saturday evening and one evening during the week. The number of attendees shall not exceed 49 people or 23 parking spaces. 2. 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. 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. The use of the building shall be limited to religious activities and religious educational activities. 5. Temporary uses pursuant to Chapter 17.26 of the Poway Municipal Code, including, but not limited to, carnivals, outdoor arts and crafts shows, and entertainment attractions, shall require City approval of a Temporary Use Permit (TUP). A TUP application should be submitted at least 3 weeks prior to the event. 6. All activities shall occur within the building unless otherwise approved through a Temporary Use Permit issued by the City. 7, Any signs proposed for this development shall be designed and approved in conformance with the Poway Municipal Code and Comprehensive Sign Program for the center, and require the approval of a separate Sign Permit. Resolution No. P- 04-97 Page 5 Section 4: The approval of CUP 04-17 shall expire on December 21, 2005, at 5:00 p.m. unless, prior to thattime, the conditions above have been completed in reliance on the CUP approval and the use has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council ofthe City of Poway, State of California, this 21st day of December 2004. Mich ATTEST: STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Jeanne Bunch, Deputy City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-04-97 ,was duly adopted by the City Council at a meeting of said City Council held on the 21 st day of December 2004, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, REXFORD, CAFAGNA NOES: NONE ABSENT HIGGINSON DISQUALIFIED: NONE unch, Deputy City Clerk oway