Res P-13-15RESOLUTION NO. P -13 -15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 12 -015
AND VARIANCE 12 -004
ASSESSOR'S PARCEL NUMBERS 314 - 132 -07 AND 314 - 132 -26
WHEREAS, on March 4, 2008, the City Council adopted Resolution P -08 -06
approving Conditional Use Permit (CUP) 03- 03M(2) and Development Review
(DR) 03- 04R(2) to construct a 4,920 square -foot sanctuary addition to the existing
Poway Seventh -day Adventist Church building and remodel 2,500 square feet of the
existing 4,000 square -foot Church building located at 13940 Pomerado Road, in the
Residential Single - Family 7 (RS -7) zone; and
WHEREAS, on June 15, 2010, the City Council adopted Resolution P -10 -22
approving CUP 10 -003 and DR 10 -003 to extend the expiration date of the approved
Church project to June 15, 2012, and make minor modifications to the plans that were
consistent with the scope and character of the previously approved project; and
WHEREAS, prior to June 15, 2012, a Building Permit was issued for the
proposed project and construction begun, thereby vesting the CUP 10 -003 and
DR 10 -003 approval; and
WHEREAS, Hwi Myoung Kim, Applicant, requests approval to modify the CUP
for the Seventh -day Adventist Church located at 13940 Pomerado Road to add a 1,012
square -foot mezzanine to the previously approved sanctuary addition and add 26
parking spaces, and requests a Variance to construct up to an 11 -foot high retaining
wall where six feet is the maximum wall height allowed; and
WHEREAS, on May 21, 2013, the City Council held a public meeting 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: This project is Categorically Exempt as Class 1 and Class 5 Categorical
Exemptions from the California Environmental Quality Act (CEQA), pursuant to Sections
15301(e.2) and 15305 of the 2013 CEQA Guidelines, in that the project involves the
minor addition of a mezzanine with negligible expansion of the existing use and the
Variance is a minor alteration to land use limitations on a previously developed property
that will not result in changes in land use or density.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 12 -015, a Modification to CUP 10 -003, are made as
follows:
A. The proposed location, size, design, and operating characteristics of the
mezzanine addition are in accord with the title and purpose of Chapter 17.48
Resolution No. P -13 -15
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PMC (Conditional Use Permit Regulations), the City General Plan, and the
development policies and standards of the City in that the site, a religious facility
use, is an allowed use within the RS -7 zone with the approval of a Conditional
Use Permit; and
B. The location, size, design, and operating characteristics of the proposed use
will be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, people, buildings, structures, or natural resources because the
existing topography differences between the church site and adjacent properties,
existing and proposed fencing, and existing and proposed landscaping will buffer
the parking lot expansion from adjacent residential uses. The wall will be
substantially blocked from view from Pomerado Road by existing and proposed
buildings and existing slopes, and the wall materials will visually blend in with
other development of the property; and
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with adjacent uses in that the proposed project is a minor
expansion of an existing church which is accessed from a major arterial; and
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use; and
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the proposed mezzanine would be located within the building volume of a
previously approved sanctuary structure without any exterior modifications and
the retaining wall for the new parking spaces will be substantially screened from
view from the street by the existing and future structures and landscaping; and
F. The generation of traffic from the proposed additional 49 seats within the
mezzanine will be minor and will not adversely impact the capacity and physical
character of the surrounding streets and /or the Circulation Element of the
General Plan; and
G. The site is suitable for the type and intensity of use or development that is
proposed in that the proposed mezzanine will be contained within a previously
approved sanctuary and will accommodate the congregation's capacity needs on
days when one service is offered rather than two consecutive services. With the
addition of the new parking spaces, the facility will have ample parking for
common services and will allow for a quicker and easier transition between
consecutive services; and
H. There will not be significant harmful effects upon environmental quality and
natural resources in that there is no sensitive native habitat on the property; and
There are no relevant negative impacts of the proposed use that cannot be
mitigated; and
Resolution No. P -13 -15
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J. That the impacts, as described in subsections A through I of this Section, 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. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for an approved variance.
Section 3: The findings, in accordance with PMC 17.50.050, to approve VAR 12 -004
to construct up to an 11 -foot high retaining wall where six feet is the maximum wall
height allowed, as shown on plans on file at the Development Services Department, are
made as follows:
A. That there are special circumstances applicable to the property and because of
this the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The developable portions of the existing church site are limited
due to topography and the existence of pedestrian trail easements along the
west property and north property lines; 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 zone, and denied to the property for which the Variance is sought. Parking
lots for semi - public uses are permitted to be located within five feet of the rear
property line. A design with two six -foot high retaining walls separated by a
five - foot -wide landscape planter as permitted by the Zoning Code, is not possible
on this property because of an existing 10 -foot wide Trail Easement along the
west property line. In 2007, a Variance related to retaining wall height was
granted for a property located 500 feet to the south for the purpose of creating a
level parking area; and
C. Granting the Variance would not be materially detrimental to the public health,
safety or welfare in the vicinity and zone in which the property is located in that
the over - height wall would not be visually obtrusive to adjoining neighbors
because of existing topography differences between the church site and adjacent
properties, existing fencing, and existing and proposed landscaping. The view of
the wall from Pomerado Road will be substantially blocked by existing buildings
and the wall will visually blend in with other development of the property; 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
Variance will allow the construction of a retaining wall for the purpose of
expanding the parking lot of an existing church that is an allowable use in this
zone; and
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E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS -7 zone because churches are permitted in this zone with
a CUP and parking lots are permitted within five feet of a rear and side yard
property line; and
F. Granting the Variance will be compatible with the Poway General Plan because
the church use and other semi - public uses are permitted in the zone, and the
addition does not result in an increase in residential density.
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for CUP 12 -015 and VAR 12 -004 are made as follows:
A. 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 facilities will be available to serve this project; and
B. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City; and
In accordance with the Poway General Plan, the project requires the payment of
fire apparatus and traffic fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
Section 5: The City Council hereby approves CUP 12 -015 and VAR 12 -004 as
shown on the plans on file in the City, subject to the following conditions:
A. 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.
Resolution No. P -13 -15
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B. Approval of this CUP and VAR 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, and before the issuance of any
permit: (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. In order for the City to prepare the
Covenant, the applicant must first submit a legal description of the subject site.
D. 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 surrounding
uses.
E. The conditions of CUP 12 -015 and VAR 12 -004 shall remain in effect for the life
of the subject use, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
F. CUP 12 -015 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. Conditions of approval listed in Resolutions No. P- 10 -22, approving CUP 10 -003,
are fully incorporated herein by this reference, except as modified herein.
H. Prior to construction the applicant shall obtain a Building Permit. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
2. 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.
3. The applicant shall contact the Poway Unified School District (858-
679 -2570) to verify if school impact fees are required. If required, the
fees shall be paid at the rate established at the time of Building Permit
issuance.
(Building)
4. Verification shall be provided in the retaining wall design that the chain link
fence will not impact the retaining wall.
(Engineering)
5. The additional grading and improvements
Grading Permit G1625 -08. A construction
shall be submitted and approved.
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shall be coordinated with
change to the grading plan
6. Water Quality Control — Design and Construction
A revision to the Water Quality Technical Report (WQTR) prepared for
G1625 -08 shall be submitted. The report revision shall include necessary
changes to the operation and maintenance plan. The revision shall be
approved prior to the approval of the grading plan construction change.
7. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. Listed below are the current applicable fees and
amounts:
a. Fire Apparatus (1,012 SF) $ 78.59
b. Traffic (1,012 SF) $3,366.92
(Planning)
8. The retaining wall shall be of decorative block consistent with other block
walls on the property. Building plans shall clearly show the location,
material and heights of retaining walls.
9. Submit a Tree Removal Permit application to the Planning Division for
review and approval by the Director of Development Services. Trees
approved for removal shall be mitigated by increasing the size and
number of trees required onsite by the City of Poway Landscape and
Irrigation Design Manual and Zoning Code to the satisfaction of the
Director of Development Services.
10. A modification to the previously approved landscape and irrigation plans
shall be submitted and approved to reflect the new site plan and provide
landscaping surrounding the new parking lot expansion area. The project
site shall be landscaped and irrigated in compliance with the City of
Poway Landscape and Irrigation Design Manual, Chapter 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. Landscape and irrigation
plan review fees are required and are the responsibility of the applicant.
a. The plans for landscaping shall, at minimum, show irrigation, and
sizes and species for Fire Fuel Management Zones and all
manufactured slopes steeper than 5:1.
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b. The landscape plans shall show a mix of groundcover, trees and
shrubs on proposed and existing slopes to soften the appearance
of the proposed retaining wall and new parking spaces to the
satisfaction of the Director of Development Services.
C. Landscaping along the trail shall be provided to enhance the view
of the existing chain link fence and proposed retaining wall without
creating a visual barrier of pedestrians to the satisfaction of the
Director of Development Services.
d. Tree replacements per the conditions of approval of the required
Tree Removal Permit.
11. All new and modified parking spaces must be 8.5 feet wide or, if adjacent
to a wall, 9.5 feet wide.
12. Wall materials and finishes shall match those of other retaining walls on
the property and shall be noted on the building plans to the satisfaction of
the Director of Development Services.
The applicant shall comply with the following requirements to the satisfaction of
the Director of Safety Services:
1. The applicant is required to meet all applicable PMC, and California State
Fire and Building Codes for this project. The applicant is encouraged to
contact the Division of Fire Prevention at (858) 668 -4470 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. The project is located within the Very High Fire Hazard Area of the City
and is new construction; therefore, California Building Code Chapter 7A
will apply.
3. The building 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 emergency access. In most cases, City Engineering
standards will be more restricting. The more restrictive standard shall
apply. The Fire Chief, pursuant to the PMC, shall approve the road
surface type.
4. Permanent access roadways for fire apparatus shall be designated as
"Fire Lanes" with appropriate signs and curb markings.
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5. 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 fagade 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.
6. The building's fire sprinkler system shall be modified in compliance
with National Fire Prevention Association (NFPA) 13 and meet PMC
requirements. A separate plan submittal to the Fire Department will be
required. The entire system is to be monitored by a central monitoring
company and backflow valve assemblies with tamper switches shall be
monitored.
7. A properly licensed contractor shall install and /or modify an automatic fire
alarm system to approved standards. The system shall be completely
monitored by a U.L. listed central station alarm company or proprietary
remote station. Monitoring shall also include the entire fire sprinkler
system, including backflow valve assemblies with tamper switches.
8. A metal sign with raised letters at least 1 inch (25 mm) in size shall
be mounted on all Fire Department connections serving automatic
sprinklers, standpipes or fire pump connections. Such signs shall read:
AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION, or
a combination thereof, as applicable. Where the Fire Department
connection does not serve the entire building, a sign shall be provided
indicating the portions of the building served.
9. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. Any existing key boxes shall be
relocated as determined by the City Fire Marshal. A breakaway padlock
shall be required for the fire sprinkler system Post Indicator Valve.
10. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
11. The number, type, rating and location of fire extinguishers shall be
determined by the Fire Inspector during the final occupancy inspection
approval.
J. Prior to issuance of the Certificate of Occupancy:
1. The site shall be developed and the building elevations shall be
constructed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein.
A final inspection from appropriate City departments will be required.
Resolution No. P -13 -15
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(Engineering)
2. The drainage facilities and slope planting measures shall be installed and
completed by the property owner, and inspected by the Engineering
Inspector for approval. All new utility services shall be placed
underground.
3. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to public improvements caused by construction activity from
this project.
4. The property owner shall execute an approved Storm Water Management
Facilities Maintenance Agreement accepting responsibility for all structural
BMP maintenance, repair and replacement as outlined in the Operations
and Maintenance plan. The operation and maintenance requirements
shall be binding on the land throughout the life of the project as outlined in
Chapter 16.104 PMC.
5. All work on the approved grading plan (G1625 -08) shall be completed.
Record drawings signed by the engineer of work, shall be submitted and
approved by Development Services prior to a request for occupancy, per
Section 16.52.130B of the Grading Ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
All applicable easements, agreements and right -of -way dedication/
vacation information shall be referenced on the record drawings.
Submittal of record drawings should be at least three weeks prior to a
request for occupancy.
(Planning)
6. All landscaping and irrigation shall be installed in accordance with
approved landscape plans.
Section 6: The approval of CUP 12 -015 and VAR 12 -004 shall expire on May 21,
2015, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
construction on the property has commenced.
Section 7: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Resolution No. P -13 -15
Page 10
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 21st day of May 2013.
Don Higginson, Mayor
ATTEST:
�--
Sheila Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 13 -15, was duly adopted by the
City Council at a meeting of said City Council held on the 21st day of May 2013, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
S ei a . Cobian, CMC, City Clerk
City of Poway