Res P-05-60
RESOLUTION NO. P-05-60
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 05-06
ASSESSOR'S PARCEL NUMBER 323-190-74
WHEREAS, Conditional Use Permit (CUP) 05-06 was submitted by Randy Rolfsen,
Applicant, a request to establish a church (The Life Church) in an existing 3,600-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 Center, within the Automotive/General
Commercial (A/GC) zone, and is addressed at 14034 Poway Road, Suites G - J; and
WHEREAS, on September 06, 2005, 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 17.48.070 of the Poway Municipal
Code, for CUP 05-06 to establish a church in an existing 3,600-square-foot tenant space
within a multi-tenant commercial center, located at 14034 Poway Road in the Automotive/
General Commercial 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 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General Plan, the
Poway Road Specific Plan, the Automotive General Commercial 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-05-60
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 50 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 will be 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 17.48
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 05-06 to establish a church in an
existing 3,600-square-foot tenant space within a multi-tenant commercial center at 14034
Poway Road, Suites G - J as shown on the plans dated July 19, 2005, 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.
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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 05-06 shall remain in effect for 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 05-06 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 July 19, 2005, and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
3. A Building Permit will be needed forthe 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 all exit doors from the public assembly areas and
doors shall swing in the direction of exit travel.
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2. Install approved illuminated exit signs above the exit doors from the public
assembly areas. The exit signs shall be equipped with emergency battery
back up.
3. A minimum 2A: 1 OBC fire extinguisher is required for every 3,000 square feet
and 75 feet of travel distance.
4. Suite numbers shall be displayed on or above each exterior door with lettering
four to six inches in height.
I. Upon establishment ofthe use to allow a church in an existing tenant space, pursuant
to CUP 05-06, the following shall apply:
1. 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.
2. 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.
3. 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.
4. All activities shall occur within the building unless otherwise approved through
a Temporary Use Permit issued by the City.
5. Any signs proposed for this development shall be designed and approved in
conformance with the Poway Municipal Code and the Comprehensive Sign
Program for the center, and require the approval of a separate Sign Permit.
Section 4: The approval of CUP 05-06 shall expire on September 6,2007, at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the CUP
approval and the use has commenced prior to its expiration.
Resolution No. P-05-60
Page 5
PASSED, ADOPTED and APPROVED by the City Council ofthe City of Poway, State
of California, this 6th day of September 2005.
ATTEST:
~~/M ~
L. i e hea, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. P-05-60 was duly adopted by the City Council
at a meeting of said City Council held on the 6th day of September 2005, and that it was
so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES: NONE
ABSENT: REXFORD
DISQUALIFIED: NONE
~,~ C)iL
L. Diane Shea, City Clerk
City of Poway