Res P-11-10RESOLUTION NO. P -11 -10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 11 -01 AND
DEVELOPMENT REVIEW 11 -02
ASSESSOR'S PARCEL NUMBER 273 - 820 -09
WHEREAS, on May 5, 2009, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to a request by St. John of
Damascus Orthodox Church, under Major Use Permit (MUP) P 77- 71M(2) and
Development Review (DR) 93 -02R, to remove an existing 2,200- square -foot modular
building and construct three conventionally constructed buildings totaling 6,500 square
feet, and miscellaneous site improvements, at an existing church located at 16903 Espola
Road, within the Rural Residential C zone, continued the matter, and approved the project
at the May 19, 2009, hearing; and
WHEREAS, St John of Damascus Orthodox Church is requesting an amendment of
the May 19, 2009, approval under Conditional Use Permit (CUP) 11 -01 and Development
Review (DR) 11 -02 to extend the project approval term for an additional two years, and to
construct the project in phases; and
WHEREAS, on May 3, 2011, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to CUP 11 -01 and
DR 11 -02;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The project is Categorically Exempt as a Class 1 Categorical Exemption from
the California Environmental Quality Act (CEQA), pursuant to Section 15301(e)(2) of the
CEQA Guidelines, in that the project involves an addition to an existing facility that is less
than 10,000 square feet in area, the project area is not environmentally sensitive, and all
public services are in place to serve the project.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC) for the project are made as follows
A. The proposed location, size, design, and operating characteristics of the church
expansion is in accord with the title and purpose of Chapter 17.48 PMC (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 the project complies with all development standards.
B. The location, size, design, and operating characteristics of the proposed church
expansion will be compatible with and will not adversely affect or be materially
detrimental to, adjacent uses, residents, buildings, structures, or natural resources
Resolution No. P -11 -10
Page 2
in that the buildings of the facility will observe a minimum 50 -foot setback from
adjacent residential development.
C The proposed church expansion is in harmony with the scale, bulk, coverage and
density of, and is consistent with adjacent uses in that the proposed expansion
will be located on an existing, previously developed area, and will be added
near the existing church sanctuary The new buildings will be designed to be
complimentary to the existing sanctuary.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed Church expansion.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics, in that the proposed church expansion has been designed and sited
such that it will be compatible with the surrounding community The project will
not utilize streets in the residential neighborhood 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 will not generate additional traffic
other than what currently exists. 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, in that it the proposed expansion is located in an area with suitable
circulation and other infrastructure.
H. There will not be significant harmful effects upon environmental quality and natural
resources, in that the proposed church expansion is located on a developed
property and does not involve the removal of natural habitat resources.
Section 3: Pursuant to Government Code Section 66020, the design and improvements
of the proposed development are consistent with all elements of the Poway General Plan,
as well as City Ordinances, because all necessary services and facilities will be available
to serve this project. The construction of public improvements is needed as a result of the
proposed development to protect the public health, safety, and welfare.
Section 4 : The City Council hereby approves CUP 11 -01 and DR 11 -02, an amendment
to Major Use Permit (MUP) P 77 -71 M(2) and Development Review (DR) 93 -02R to extend
the approval term of the expansion project, and to conduct the expansion project in phases
as shown in the phasing plan and the DR 93 -02R approved site plan on file with the City,
subject to the following conditions:
Resolution No. P -11 -10
Page 3
A. 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
owner shall execute a Covenant Regarding Real Property.
B. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents, officers,
or employees, relating to the issuance of this permit, including, but not limited to,
any action to attack, set aside, void, challenge, or annul this development approval
and any environmental document or decision. The City may elect to conduct its
own defense, participate in its own defense, or obtain independent legal counsel
in defense of any claim related to this indemnification. In the event of such
election, applicant shall pay all of the costs related thereto including, without
limitation, reasonable attorney's fees and costs. In the event of a disagreement
between the City and applicant regarding litigation issues, the City shall have the
authority to control the litigation and make litigation related decisions including,
but not limited to, settlement or other disposition of the matter. However, the
applicant shall not be required to pay or perform any settlement unless such
settlement is approved by applicant.
C. The Conditions of Approval established under prior entitlements approved for the
project (including P 77- 71M(2) and DR 93 -02R) shall remain in effect for the life of
the project, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. As part of compliance with the City's Standard Urban Stormwater Mitigation Plan
(SUSMP), the applicant will be required to prepare a Hydromodification
Management Plan to the satisfaction of the Engineering Division.
E. Landscape and irrigation plans shall be submitted and approved. The landscape
and irrigation plans shall demonstrate compliance with the City of Poway
Landscape and Irrigation Design Manual, Chapters 17.07 and 17.41 PMC, and
all other applicable standards in effect at the time of landscape and irrigation
plan check submittal The landscape and irrigation plan submittal is a separate
submittal from other project plan check submittals, and is made directly to the
Planning Division. Contact the Planning Division for copies of applicable City
standards, the landscape and irrigation plan submittal checklist, and the plan review
fee worksheet. Landscape and irrigation plan review fees are required and are
the responsibility of the applicant.
Section 5: Pursuant to Government Code Section 66020(d)(1), the 90 -day period to
protest the imposition of any fee, dedication, reservation, or other exaction described in
this Resolution begins on May 3, 2011, any such protest must be in a manner that
complies with Government Code Section 66020 In addition to the appeal requirements
pursuant to the Government Code, a written appeal of this decision pursuant to the
Poway Municipal Code must also be filed.
Resolution No. P -11 -10
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Section 6 . The approval of CUP 11 -01 and DR 11 -02 shall expire on May 3 2013 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 project approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 3rd day of May 2011.
Don Higginson, Mayo
ATTEST:
Li . Troyan, MMC, City Clerk
Resolution No. P -11 -10
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STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 11 -10, was duly adopted by the
City Council at a meeting of said City Council held on the 3rd day of May 2011, and that it
was so adopted by the following vote:
AYES BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Li 9 ro y an, MMC, City Clerk
y
City of Powa