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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 Resolution No. P-06-18 Page 2 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. Resolution No. P-06-18 Page 3 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: Resolution No. P-06-18 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: Ld'~,~ 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 fi"~w~ City of Poway