Res P-06-33
RESOLUTION NO. P-06-33
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 02-08M,
DEVELOPMENT REVIEW 02-12R
AND VARIANCE 06-05 FOR THE
CONSTRUCTION OF A RELIGIOUS FACILITY
APNs: 323-261-05, -06, and -07
WHEREAS, on June 29, 2004, the City Council approved by Resolution P-04-46,
Conditional Use Permit (CUP) 02-08, Development Review (DR) 02-12 and Variance
(VAR) 03-13 to construct a 2,750-square-foot religious facility for the Vietnamese
Alliance Church at the property located at 13125 Vista View Drive, within the
AutomotivelGeneral Commercial (NGC) zone of the Poway Road Specific Plan area
and the Rural Residential C (RR-C) zone; and
WHEREAS, applications for a modification to CUP 02-08, revision to DR 02-12
and VAR 06-05 were submitted by Rev. Sang Nguyen to modify Section 7 of Resolution
P-04-46 to allow two more years to obtain a Building Permit and commence
construction for a church and to allow the new building to maintain an 8-foot side yard
setback along the north property line where a 10-foot side yard setback is required; and
WHEREAS, on May 5, 2006, the application for CUP 02-08M, DR 02-12R and
V AR 06-05 was deemed complete; and
WHEREAS, on June 20, 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 Negative Declaration, previously approved for
CUP 02-08 and DR 02-12 addresses the environmental concerns for CUP 02-08M and
DR 02-12R and Variance 06-05 is Categorically Exempt from the California
Environmental Quality Act (CEQA), as a Class 5 Categorical Exemption, pursuant to
Section 15305 of the CEQA Guidelines, in that the project involves a minor alteration in
land use limitation.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for Conditional Use Permit 02-08M to allow two additional years to obtain a
Building Permit and commence construction of a church are as follows:
A. The location, size, design, and operating characteristics of the proposed religious
facility is in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the NGC zone of the
Resolution No. P-06-33
Page 2
Poway Road Specific Plan area and the RR-C zone, 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
B. The location, size, design, and operation characteristics of the proposed religious
facility 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. In addition, an approximate
48-foot-wide landscape buffer provides separation between the church parking
lot and the adjacent residential neighborhood to the south. A 6-foot-high fence
and minimum 5-foot-wide landscape buffer will provide a buffer between the
church parking lot and the residentially zoned, vacant property to the east. In
addition, the use will be required to comply with performance standards to ensure
that the adjacent residences will not be impacted by noise, light and glare; and
C. The proposed religious facility 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; and
D. There are public facilities, services and utilities available to the site; and
E. The proposed religious facility has been designed to comply with the Poway
General Plan and Municipal Code standards as well as the Poway Road
Specific Plan. The use is an appropriate transition from the hotel to the north
and the homes to the south. The church is located less than 300 feet from
Poway Road along an existing cul-de-sac that has been improved to City
standards. Therefore, there will be no harmful effect upon desirable
neighborhood characteristics. The project will not utilize streets in the residential
neighborhood to the south and a minimum 50-foot setback from the religious
facility to the adjacent residentially zoned properties will be provided; and
F. Based on the small size of the proposed church, the generation of additional
traffic as a result of the religious facility will not adversely impact the capacity
and physical character of Vista View Drive. Vista View Drive is a private street
that is currently improved with street and cul-de-sac improvements up to, and
including, the southerly limits of the project site. The church will not be using the
southerly extension of Vista View Drive into the residential neighborhood
because the church site does not have legal access to this section of Vista View
Drive. The applicant is required to install a sidewalk along the Vista View Drive
frontage in preparation of future sidewalk access to Poway Road. Therefore,
the proposed project is found to be consistent with the Circulation Element of the
General Plan; and
Resolution No. P-06-33
Page 3
G. The religious facility is allowable on land zoned A1GC and 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;
and
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 and has been designed to avoid affecting natural resources
significantly. The church development will maintain a minimum 20-foot setback
from a drainage channel. The use involves no hazardous materials or
processes. Therefore, there will not be significant harmful effects upon
environmental quality and natural resources; and
I. There are no other relevant negative impacts of the proposed use that cannot be
mitigated; and
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,
safety or welfare, or materially injurious to properties or improvements in the
vicinity nor be contrary to the adopted General Plan; and
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 02-12R to allow two additional years to obtain a Building
Permit and commence construction of a church are as follows:
A. The religious facility has been designed to comply with the development
standards of the Poway General Plan and the Poway Municipal Code and the
Poway Road Specific Plan. 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; and
B. The building has been designed to comply with the development standards of the
Poway General Plan and the Poway Municipal Code and the Poway Road
Specific Plan. The building will be in character with existing development in the
area in that it incorporates a California barnlranch architectural style as called for
in the Poway Road Specific Plan and is consistent with the architecture of the
neighboring hotel. The building is one-story, similar to the homes in surrounding
Resolution No. P-06-33
Page 4
neighborhoods. 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; and
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; and
D. The building is designed to be consistent with surrounding development.
Therefore, the proposed development respects the public concerns for the
aesthetics of developments; and
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 northern limits of the site away from surrounding
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; and
F. The proposed project will comply with all of the provisions of the Zoning
Ordinance and the General Plan.
Section 4: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 06-05 to allow a 2,750-square-foot religious facility at the
property located at 13125 Vista View Drive to maintain a maximum 8-foot side yard
setback rather than the required 10-foot setback for the AutomotivelGeneral
Commercial (A1GC) zone, as shown on the site plan dated March 25, 2004, are made
as follows:
A. That there are special circumstances applicable to the property and because of
this the strict application of the Zoning Code deprives the property of privileges
enjoyed by other properties in the vicinity with the identical zoning classification.
The special circumstances include the fact that the developable portion of
the subject lot is impacted by two 10-foot-wide access easements extending the
length of the property. In addition, the subject lot is being developed together
with a parcel to the south that is impacted by a drainage channel; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because will
allow architectural articulation in the building design and will avoid impacting the
access easement that traverses the middle of the site running from west to east.
Resolution No. P-06-33
Page 5
The Variance also allows the buffer width between the required on-site parking
and the drainage channel on the south side of the property to be optimized; and
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed building would be located
adjacent to the neighboring hotel parking lot and optimizes the building setback
to adjacent residential properties; and
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone in that the
existing building (to be removed) on the site currently encroaches approximately
two (2) feet into the required 10-foot side yard setback; which is the same
proposed encroachment of the new building; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the NGC zone because a church is a permitted use with a
Conditional Use Permit; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted with a Conditional Use Permit and does not result
in a density increase.
Section 5: The City Council hereby approves CUP 02-08M and DR 02-12R, and
modifies the Condition of Approval contained in Section 7 of Resolution P-04-46, to
allow two additional years to obtain a Building Permit and commence construction of a
church at 13125 Vista View Drive, and hereby approves VAR 06-05, to allow the church
structure to maintain an 8-foot side yard setback along the north property line where a
10-foot side yard setback is required, per plans dated May 5, 2006, on file in the
Planning Division, subject to the following conditions:
A. 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.
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 Variance granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding residential
uses.
D. All Conditions of Approval contained in Resolution P-04-46 shall apply, except as
amended by this Resolution.
Resolution No. P-06-33
Page 6
Safety Services:
1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 15-2, and City of Poway Ordinance No. 64 and its
amended Ordinance No. 526.
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 fa<;:ade of the building. Building address shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meet the Sheriff's Department 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
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. A properly licensed contractor shall install an automatic fire alarm system,
meeting approved standards. 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 is required for every 3,000 square feet
and 75' travel distance.
9. Prior to the 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
Resolution No. P-06-33
Page 7
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.
10. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans are to be submitted and approved,
prior to installation.
E. The conditions of this CUP shall remain in effect for the life of the subject
religious facility and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
Section 6: The approval of CUP 02-08M, DR 02-12R and VAR 06-05 shall expire on
June 20, 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.
Section 7: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on June 20, 2006.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 20th day of June 2006.
ATTEST:
~~~
L. Diane Shea, City Clerk
Resolution No. P-06-33
Page 8
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-06-33, was duly adopted by the
City Council at a meeting of said City Council held on the 20th day of June, 2006, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~b~
City of Poway