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Item 13.1 - Request for Rehearing Chabad of Poway ;0: FROM: INITIATED BY: DATE: SUBJECT: --~.:,--",v!t DISTRIBUT~ '~d;-~qS "'.."~ AGENDA REPORT SUMMARY Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ John D. Fitch, Assistant City Manage~i\ dl Reba Wright-Quastler, Director of Pl~n~ing Services ~ May 2, 1995 Request for Rehearing: Chabad of Poway ABSTRACT An application for a new religious complex on the property at Espola Road and Old Espola Road was heard before the City Council on Tuesday, April 1a. The required yariance was omitted from the notice of public hearing. Neighbors filed a written request for rehearing on April 27, 1995. ENVIRONMENTAL REVIEW The Decision to rehear an application is not subject to CEQA. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE No public notification was done for the request to rehear, however, if granted, new notice will be sent for the actual rehearing. A copy of this report was provided to Mrs. McNabb and Rabbi Goldstein. RECOMMENDATION It is recommended that the City Council rehear the request for variance only. AillIDf \CITY\PLANNING\REPORT\a60aREH.SUM 1 of 8 !llTl.Y 2 1995 ITEM 13, 1 CITY OF POWAY AGENDA REPORT INITIATED BY: Honorable Mayor and Members,,~e City Council James L. Bowersox, City Ma~ John D. Fitch, Assistant City ManagerC¡i¡)'\ &. Reba Wright-Quastler, Director of PlanWing Services ~ May 2, 1995 TO: FROM: DATE: SUBJECT: Request for Rehearing: Chabad of Poway BACKGROUND On Tuesday, April 18, 1995, the City Council considered an application for a new religious complex on the property at Espola Road and Old Espola Road. No neighbors of the project spoke at the hearing. The proposed development requires a 12' setback variance along Espola Road; however, this variance request was omitted from the notice of public hearing which read as follows: Environmental Assessment, Conditional Use Permit 86-08 Modification, Development Review 95-05, Chabad of Poway, applicant: a request to construct a new religious complex consisting of a sanctuary, fellowship hall, classrooms and offices on a 1.1 acre parcel which presently houses a temporary complex for the same purposes, located at 16934 Espola Road, in the RR-C zone. The issuance of a Negatiye Declaration with Mitigation Measures (indicating no significant adverse environmental impacts anticipated due to the addition of special requirements, to the project) is recommended. APN 273-810-15. Following the hearing, neighbors contacted staff to inquire about the procedure for a rehearing. They raised their concerns with the City Council under public oral communications at the April 25th meeting and filed a written request for rehearing on April 27,1995 (see attachment A). In response to the public oral communications, the City Council asked the City Attorney to reyiew the matter. His opinion is that the notice was, in fact, deficient in that the yariance was omitted and that the variance portion of the application must be reheard (see attachment B) The City Attorney further finds that "if you determine that the variance is such an integral part of the conditional use permit and the development review that all three should be heard together, it is our recorrrnendation that the new hearing include all three items and notice properly identify each." The question of a temporary use permit to allow the location of trailers on a portion of residential property on Rock Road has also been raised. Although the Temple has discussed the possibility of this with staff, no application has been received and it is staff's understanding that the idea has been dropped by the Temple. MAY 2 1995 ITEM 13, 1 2 of 8 Agenda Report May 2, 1995 Page 2 The Temple inYited neighbors to a meeting on April 30th to reyiew and discuss the plans. Issues discussed included the height of the proposed building, parking, drainage, physical constraints of the site, financing, and temporary use of the Rock Road property. FINDINGS The conditional use permit deals with whether the use (religious facility) is appropriate for the site rather than with physical deyelopment issues such as design or size of the facility. Staff belieyes that this issue is clearly separate from the variance question, It appears that the building could be modified to el iminate the need for a yariance without becoming inconsistent with the design approyed in the deyelopment reYiew. Staff, therefore, believes that it is also appropriate to reconsider the variance without reconsidering the development review approval. ENVIRONMENTAL REVIEW The decision to rehear an application is not subject to CEQA. FISCAL IMPACT None. PUBLIC NOTIFICATION AND CORRESPONDENCE No public notification was done for the request to rehear, however, if granted, new notice will be sent for the actual rehearing. A copy of this report was provided to Mrs. McNabb and Rabbi Goldstein. RECOMMENDATION It is recommended that the City Council rehear the request for variance only. JLB:JDF:RWQ:kls Attachments: A. B. C. Notice of Public Hearing Memo from Steve Eckis Letter from Property Owners to Mayor and Council Members E:\CITY\PLANNING\REPORT\8608REH.AGN MAY 2 1995 ITEM 1). 1 3 of B DON HIGGINSON, Mayor SUSAN CALU;RY, Deput)' Mayor MICKEY CAFAGNA, Councilmember ROBERT EMERY. Councilmember BE'I7Y REXFORD, Counoilmember (,I~Y OF POWA1- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Poway will hold a Public Hearing in the City Council Chambers, 13325 CiYic Center Driye, Poway, California 92064 on Tuesday, April IB, 1995, at 7:00 p.m., or as soon as possible thereafter to consider the following item: Environmental Assessment, Conditional Use Permit 86-08 Modification, Development ReYiew 95-05, Chabad of Poway, applicant: a request to construct a new religious complex consisting of a sanctuary, fellowship hall, classrooms and offices on a 1.1 acre parcel which presently houses a temporary complex for the same purposes, located at 16934 Espola Road, in the RR-C zone. The issuance of a Negative Declaration with Mitigation Measures (indicating no significant adverse environmental impacts anticipated ude to the addition of special requirements. to the project) is recommended. APN 273-810-15 ANY INTERESTED PERSON may review the staff report and the plans for this project and obtain additional information at the City of Poway Planning Services Department, 13325 Civic Center Drive, Poway, California or by telephone (619) 679-4294, If you wish to express concerns in favor or against the above, you may appear in person at the above described meeting or submit your concerns in writing to the City Clerk, City of Poway. If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing, If you have special needs requiring assistance at the meeting, please call the City Clerk at 679-4236 24 hours prior to the meeting so that accommodation can be arranged, Marjorie K. Wahlsten, City Clerk Published in the Poway News Chieftain on March 23, 1995 Order No, 95-037 ATTACHMENT A 4 of 8 City Hall Located at 13325 Civic Center Drive Mailing Address: P.D, Box 789. Poway, California 92074-0789 . (619) 748-6600, 695-1400 MAY 2 1995 ITEM 13. 1 '( 5 of 8 MEMORANDUM. CITY OF POWAY TO: Reba Wright-Quastler, Director of Planning Services Stephen M. Eckis, City Atto~ FROM: DATE: May 1, 1995 RE: Request For Rehearin~: Chabad of poway I have reviewed the Notice of Hearing for the above-referenced project and the request for rehearing received April 28, 1995. Grounds 2 and 3 are insufficient to grant rehearing. Those grounds are set forth in Poway Municipal Code (PMC) , Section 7.46.080. The receipt of insufficient information from the staff (ground #2) is not a ground for rehearing, Brevity of the notice is not a ground for rehearing nor does brief notice constitute insufficient notice so long as the notice complies with the requirements of the applicable noticing ordinance, PMC, section 17.46,050. Notwithstanding the inadequacy of grounds 2 and 3 for the granting of rehearing, it is our opinion that a hearing on the variance should be granted because no notice of a hearing on a variance was given (ground #1). PMC, section 17,50,040 requires that before granting a variance the City Council shall hold a public hearing pursuant to notice given as prescribed in section 17.46,050. The notice of the public hearing in this matter published in the Poway News Chieftain on March 23, 1995 made no mention whatsoever of a variance. The variance was certainly discussed at the hearing actually held on April 18, 1995, However, since the notice did not advise the public that a variance was being requested, the variance granted on April 18, 1995 is legally deficient and vulnerable to being overturned in the event of litigation, For that reason and for the benefit of both the public and the applicant, it is our recommendation that a hearing be noticed for variance 95-03. If you determine that the variance is such an integral part of the conditional use permit and the development review that all three should be heard together, it is our recommendation that the new hearing include all three items and notice properly identify each. ### ATTACHMENT B MAY 2 1995 ITEM 13. 1 1 ~. April 27, 1995 RECEIVED ," \ APR 2 8 1995 Honorable Mayor and Members of the City Council City Hall 13325 Civic Center Dr, P,O, box 789 Poway, CA 92074-0789 CITY OF POWAY -' CITY CLERK'S OFFIC~ Dear Council Members, We respectfully request a re-hearing in the matter of the proposed permanent complex of Chabad of Poway at 168934 Old Espola Rd. This issue was originally addressed at the City Council meeting on Tues. April 18, 1995 concerning Environmental Assessment, Conditional Use Permit 86-08 Modification, development Review 95-05 and Variance 95-03, Chabad of Poway, Applicant. The principal reasons we ask council to readdresS the above-mentioned resolution are as follows: 1. The Notice of Public Hearing sent to impacted residents was deficient in that the request for Variance 95-03 was not included in the Notice of Public Hearing. 2. A property owner did telephone the City of Poway Planning Services to inquire about the plans upon having read the Notice of Public Hearing and believes that pertinent information was not disclosed to them ( although we do not suggest, . suspect or have any reason to believe this was intentional) 3, The Notice of Public Hearing in itself was too brief to alert impacted property owners of the size and scope of the new facility, In addition, although council has not been asked to approve, the Agenda Report dated April 18, 1995 suggests that the congregation also seeks approval of a temporary use permit to locate certain trailers on a portion of residential property located at the north terminus of Rock Road directly across from residential homes. Although representatives of the Poway City Planning Services have indicated that this is not possible, homeowners have observed individuals of this property with blueprints in hand. Please understand that we are not opposed to replacing the temporary facility with a permanent structure, The current facilities are unattractive and do not conform to the surrounding area, However, we believe we have legitimate concerns regarding the size and scope of the facility, traffic and safety of the area, height of the structure and construction issues (I.e., the time length of construction, access during construction, etc.). MAY 2 1995 ITEM 13. 1 6 of 8 ATTACHMENT C In summary. we ask Council to reopen the public hearing because the Notice of Public Hearing sent to property owners was deficient and Council has not heard the concerns of the property owners who are impacted by this proposed facility, Respecfully yours, 9 ~j~ /70 C.:;.v¡(?, 45f-3qroC[ j;j,,</,~ e A ::I ¡,2, P b '/ ,h?~ I2-ß~9~ Q ;K,J2(?~ /~ý.Ç.5- oLA GSLJoÙ ÆJrJ . . A¿V~1 f:"~ - 9 û>t.cj- ,/ .1ú" ~ ~~u /J~~ ~ / ¿19L/ 7 Ok.! 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