Res P-06-18
RESOLUTION NO. P-06-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-03M
AND DEVELOPMENT REVIEW 03-04R,
ASSESSOR'S PARCEL NUMBERS 314-132-07
WHEREAS, on March 30, 2004, the City Council approved Resolution P-04-25
Conditional Use Permit (CUP) 03-03 and Development Review 03-04 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. The subject
property is located in the 13940 Pomerado Road in the Residential Single Family 7 (RS-
7) zone; and
WHEREAS, a request has been submitted by Doug Munson, Applicant/Seventh
Day Adventist Church, Owners to modify the Condition of Approval contained in Section
7 of Resolution P-04-25 to allow the applicant two more years to obtain a Building
Permit and commence construction for church buildings; and
WHEREAS, on March 21, 2006, 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, the City Council does hereby resolve as follows:
Section 1: The City Council finds that the Categorical Exemption that was previously
approved on March 30, 2004 for CUP 03-03 and DR 03-04, adequately addresses the
environmental concerns for CUP 03-03M and DR 03-04R.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code, CUP 03-03M to allow two additional years to obtain a building permit
and commence construction of the church buildings are 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.
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
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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.
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.
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Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, DR 03-04R to allow two additional years to obtain a Building Permit and
commence construction of the Church buildings are 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.
Section 4: The City Council hereby approves Conditional Use Permit 03-03M and DR
03-04R, to modify the Condition of Approval, contained in Section 7 of Resolution P-04-
25, to extend the date to modify the Condition of Approval contained in Section 7 of
Resolution P-04-25 to allow two additional years to obtain a Building Permit and
commence construction of the church buildings at 13940 Pomerado Road, subject to
the following conditions:
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Page 4
A. All prior findings and Conditions of Approval outlined in Resolution P-04-25 that
approved CUP 03-03 and DR 03-04 shall apply.
B. Approval of this Conditional Use Permit 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.
C. 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 Covenant Regarding Real Property.
D. The conditions of this CUP 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.
Section 5: The approval of CUP 03-03M and DR 03-04R shall expire on March 30,
2008, 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 approval has commenced prior to
its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21st day of March 2006.
ATTEST:
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Resolution No. P-06-18
Page 5
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-06-18, was duly adopted by the
City Council at a meeting of said City Council held on the 21st day of March 2006, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway