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,
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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,
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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.
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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.
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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
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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
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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
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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:
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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
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City of Poway