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Res P-06-28 RESOLUTION NO. P-06-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 88-14M AND DEVELOPMENT REVIEW (DR) 05-13 ASSESSOR'S PARCEL NUMBERS 275-510-12 WHEREAS, on November 1, 1988, the City Council approved a request from the First Church of Christ, Scientist, to construct a new 6,760-square-foot sanctuary and remodel existing church buildings located at 16315 Pomerado Road, in the Rural Residential C (RR-C) zone; and WHEREAS, on September 9, 2005, staff approved Minor Development Review Application (MDRA) 05-04 and Temporary Use Permit (TUP) 05-66 to install a modular building within the parking lot of the church site. WHEREAS, the applicant is requesting approval to modify the Conditional Use Permit 88-14 and approval of Development Review 05-13 for the First Church of Christ, Scientist located at 16315 Pomerado Road as follows: (1) demolish an existing 6,450- square-foot, multi-purpose building, (2) build a new 3,500-square-foot, multi-purpose building and a 14-space parking lot, and (3) keep the temporary classroom trailer currently located in the north parking lot until the completion of the permanent multi- purpose building; and WHEREAS, on May 16, 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, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council finds that the proposed modifications to the project is Categorically Exempt as a Class 2 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Guidelines, in that the project involves the replacement of a structure that will have substantially the same purpose and capacity as the structure replaced. Section 2: The findings, in accordance with Sections 17.48.010 and 17.48.070 of the Poway Municipal Code, for Conditional Use Permit 88-14M to construct a 3,500-square- foot multi-purpose building at the First Church of Christ, Scientist property located at 16315 Pomerado Road, in the Rural Residential C zone, are made as follows: A. The location, size, design, and operating characteristics of the proposed religious facility addition is in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the RR-C zone, Resolution No. P-06-28 Page 2 the City General Plan, and the development policies and standards of the City in that religious facilities are allowed with a Conditional Use Permit. B. The location, size, design, and operating characteristics of the proposed multi- purpose building 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 building of the facility will observe a minimum 50-foot setback from adjacent residential development. A 6-foot-high fence and minimum 5-foot-wide landscape buffer will provide a buffer between the church and neighboring residentially zoned properties to the north and east. C. The proposed religious building will meet or exceed standards for scale, coverage and density. Therefore, the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses. D. There are public facilities, services and utilities available to the site. E. The church is located along Pomerado Road and will not utilize streets in the surrounding residential neighborhoods and a minimum 50-foot setback from the religious facility to the adjacent residentially zoned properties will be provided. The proposed project is found to be consistent with the Circulation Element of the General Plan. F. The proposed religious building has been designed to comply with the Poway General Plan and Municipal Code standards. The proposed multi-purpose building is smaller than the building to be demolished and therefore will not adversely impact the capacity and physical character of Pomerado Road. G. The religious facility is allowable on land zoned RR-C with the approval of a Conditional Use Permit and the property is located in an area with suitable circulation and other infrastructure. The surrounding development is compatible with the proposed uses. Therefore, the site is suitable for the church. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed religious facility is located on a previously disturbed site. The use involves no hazardous materials or processes. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. I. There are no other relevant negative impacts of the proposed use that cannot be mitigated. J. The impacts, as described above, and the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, Resolution No. P-06-28 Page 3 safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan. K. The proposed conditional use will comply with each of the applicable provisions of Section 17.48.070 of the Poway Municipal Code with regard to current development standards. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code, for Development Review 05-13 to construct a 3,500-square-foot, multi-purpose building at the First Church of Christ, Scientist property located at 16315 Pomerado Road, in the Rural Residential C zone, are made as follows: A. The new multi-purpose building 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 new building will be in character with existing church building in that it will incorporate complimentary architecture and similar building materials and colors. The building is one-story and does not exceed 24 feet in height, similar to the homes in surrounding neighborhood. 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, as the new building is smaller than the building to be removed. 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 multi-purpose building is designed to be consistent in design with the existing sanctuary building. 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. The building is concentrated on the southern limits of the site away from most neighboring residential properties. Therefore, the proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general. Resolution No. P-06-28 Page 4 F. The proposed project will comply with all of the provisions of the Zoning Ordinance, and the General Plan. Section 4: Conditional Use Permit 88-14M and Development Review 05-13 to construct a 3,500-square-foot, multi-purpose building at the First Church of Christ, Scientist property located at 16315 Pomerado Road, in the Rural Residential C zone, as shown on the plans dated March 3, 2006, are hereby approved subject to the following conditions: A. Within 30 days of approval (1) the applicant shall submit in writing that all Conditions of Approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. B. 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 the surrounding residential uses. C. This Conditional Use Permit 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 occurred during the past year. D. The conditions of CUP 88-14M and DR 05-13 shall remain in effect for the life of the religious facility, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. F. Submit a Tree Removal Permit application to the Planning Division for review and approval by the Director of Development Services prior to removing trees, pursuant to Chapter 12.32 of the Poway Municipal Code. 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 Poway Guide to Landscape Requirements and Zoning Code to the satisfaction of the Director of Development Services. G. The temporary classroom trailer shall continue to be screened from Pomerado Road to the satisfaction of the Director of Development Services. The trailer shall be removed from the site no later than May 16, 2008, or no less than 30 days after occupancy is granted for the new multi-purpose building, whichever comes first, unless this condition is amended to extend the 2 years approval. A $1,000 cash trailer removal security deposit shall be posted with the City within 30 days of approval of this CUP, which will be refunded upon removal of the trailer. Resolution No. P-06-28 Page 5 H. Compliance with the following conditions is required prior to issuance of the Building Permit, unless other timing is indicated: 1. The subject lot was previously graded per City of Poway Grading Permit number G689-90. If any additional grading is to exceed 50 cubic yards of earthwork, or if any cut is greater than two feet in depth and creates a slope steeper than 2:1, or if any proposed fill is higher than one foot in depth, the developer shall apply for a new Grading Permit, and submit a new grading plan for review and approval. If the above do not apply, the developer shall provide certification from a State Registered Civil Engineer indicating the actual quantity of earthwork involved and pay a $500 inspection feet. 2. A $2,000 erosion control cash security deposit shall be posted with the City. 3. The applicant shall attend a pre-construction meeting, at which time he shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for erosion control shall be provided using one or more of the following guidelines: a. Provide an on-site de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Cover all flat areas with approved mulch. c. Install an earthen or gravel bag berm that retains 3 inches of water over all flat areas prior to discharge, effectively creating a de-silting basin from the pad. 4. Erosion control devices, including, but not limited to, de-silting basins, shall be installed and maintained by the developer throughout construction of the project. 5. Construction staking is to be provided by the property owner and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. 6. The site shall be developed in accordance with the approved site plan and building elevations on file in the Development Services Department dated March 3, 2006, and the conditions contained herein. 7. Should there be a need for a new fire hydrant, the applicant shall apply with the City for a water system analysis to establish the proper size and location of the public water system. If a hydrant is required, the applicant Resolution No. P-06-28 Page 6 shall submit improvement plans, along with plan check and inspection costs for this improvement. Public Works: 8. Protect trail in place and keep trail accessible during grading and construction activities. Building: 9. The applicant shall comply with the latest adopted Uniform Building Code, energy and accessibility requirements in Title 24, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. Planning: 10. Details of any new exterior lighting shall be included on the building plans, including fixture type and design. All new exterior lighting fixtures shall be low-pressure sodium, and designed such that they reflect light downward and away from streets and adjoining properties pursuant to Poway Municipal Code Section 17.08.220.L. Parking lot lights shall be on an automatic timer to ensure that they turn off after evening services to the satisfaction of the Director of Development Services. 11. Revise the site plan to replace the existing chain link fence located along the east property line shall with a 6-foot-high solid fence to the satisfaction of the Director of Development Services. The building plans shall include design and construction details for the fence. 12. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets to the satisfaction of the Director of Development Services. 13. The site plan shall demonstrate that a trash enclosure is provided on-site according to the City of Poway's current requirements to the satisfaction of the Director of Development Services. 14. The proposed drainage ditch along the south property line shall be designed to allow a landscape area no less than 5 feet in width between the property line and the parking lot. 15. Submit complete landscape construction documents prepared in accordance with the City of Poway Guide to Landscape Requirements (latest edition) for new and modified landscaping within southeast corner of the church site to the satisfaction of the Director of Development Services. New landscaping shall be provided around the new multi- purposed building and parking lot, and within the area previously occupied Resolution No. P-06-28 Page 7 by the former multi-purpose building. A landscape plan check fee deposit is required upon submittal of the plans. I. Prior to obtaining a final inspection on the Building Permit and/or release of performance and payment securities, the applicant shall comply with the following unless other timing is indicated: Engineering: 1. An adequate drainage system/path around the building, capable of disposing of all surface water shall be provided to the satisfaction of the Engineering Inspector. Runoff shall not be permitted to pond near the building foundation. 2. Any new utility services shall be installed underground. 3. The property owner shall, to the satisfaction of the City Engineer, repair any and all damages to the frontage road caused by construction activity from this project. Planning: 4. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. 5. Landscaping shall be installed pursuant to the City-approved Landscape Plans. 6. All required fencing shall be installed. J. 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 its 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. 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 Resolution No. P-06-28 Page 8 apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the minimum required for Fire Department emerqencv access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The City Engineer, pursuant to the City of Poway Municipal Code, shall approve the road surface type. 4. An automatic fire alarm system shall be installed to approved standards by a properly licensed contractor. The system shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 5. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler system Post Indicator Valve. 6. 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. 7. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 8. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75' travel distance. 9. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 10. 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. K. Upon establishment of the use, the applicant shall comply with the following: 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. Parking lot lighting shall comply with the following: Resolution No. P-06-28 Page 9 a. Parking lot lights shall be on automatic timers. b. All parking lot lights on the church property, except for security lighting, shall be turned off when no activities occur on the site. Lights shall be turned off no later than half an hour after the conclusion of an evening activity. c. Security lighting is permitted to remain on provided it has proper shielding and does not create glare on adjacent properties. d. All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises. 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, religious educational activities, and related accessory uses, including, but not limited to, Sunday Services, Sunday School, meetings, childcare during services and meetings, reading room, and church office. 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. 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. 7. 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 Poway 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 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. Resolution No. P-06-28 Page 10 8. The parking areas, driveways and landscape areas shall be well maintained. 9. 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. Section 5: The approval of CUP 88-14M and DR 05-13 shall expire on May 16, 2008, at 5:00 p.m. unless prior to that time a Building Permit has been issued and construction has commenced on the property in reliance on this CUP and DR approval prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 16th day of May 2006. ATTEST: ~~b< ~~ ~. D' ne hea, City Clerk Resolution No. P-06-28 Page 11 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-06-28, was duly adopted by the City Council at a meeting of said City Council held on the 16th day of May, 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY. HIGGINSON, REXFORD AND CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE z;""bCI~ City of Poway