Item 7.1 - Request for Rehearing Chabad of Poway TO: Honorable Nayor and ~embe~s of the C~[~ Counctl
~FROM: ~ames L. Bowersox, City Han~ ~ ~
tch Assistant Cia.an
INIT~D BY: John D. Fi , ' y ag~r~ ,~
Reba ~right-~uastler, Dir. of Plann~ng~Services~~
DATE: Nay 9, ~995
S~]E~: Request for Rehearing: Chabad of Powax
ABS~CT
An application got a Conditional Use Permit, Developmen~ Revie~ and 9ariance for a ne~
religious complex at Espo]a Road and 0Id Espola Road ~as heard and approved by the City
Council on Tuesday, Apr~] 18, 1995. The required variance ~as omitted from the Not,ce
of Public Hearing and neighbors f~led a ~c~t~en 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 rehearing. A copy of this report was provided to Mrs.
4cNabb and Rabbi Goldstein.
RECOMMENDATION
It is recommended that the City Council rehear the request for variance and the
development review, and reaffirm approval of CUP86-O8M, subject to the conditions
contained in the attached resolution.
ACTION
-~:\city\legislat\cityclrk\agenda\chabad.sum
I AY 9 1995 ITEM 7,
1 of :].6
AGENDA REPORT
CITY OF POWAY
TO: Honorable Mayor and Members o..~he City Council
FROM: James L. Bowersox, City Man;
INITIATED BY: John D. Fitch, Assistant City Manager~~
Reba Wright-Quastler, Director of Plann?ng Services
Marijo Van Dyke, Associate Planner
DATE: May 9, 1995
SUBJECT: Request for Rehearing: Chabad of Poway
BACKGROUND
On Tuesday, May 2, 1995 the City Council continued consideration of an
application for a rehearing of the approval of a new religious complex on the
property at Espola Road and Old Espola Road. On April 18, 1995 the Council
approved the subject project which included a setback variance along Espola Road;
however this variance request was omitted for 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 Negative 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 D). In response to the public oral
communications, the City Council asked the City Attorney to review the matter.
His opinion is that the notice was, in fact, deficient in that the variance was
omitted and that the variance portion of the application must be reheard (see
Attachment C).
ACTION:
See Summary Sheet
:of 16 ~j~¥ 9 1995 ITEM
Agenda Report
- May 9, 1995
Page 2
The applicants have also made a decision to eliminate the underground parking lot
in favor of an at-grade parking layout. This change will require a rehearing
of the development review. It is our recommendation that the new hearing include
the development review and the variance request, and that a new notice be sent
to all property owners within 500 feet of the project boundaries.
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. The neighbors were again assured at the neighborhood meeting held on
Sunday, April 30th that this was indeed the case. Other issues discussed at the
neighborhood meeting included the height of the proposed building, parking,
drainage, physical constraints of the site, and financing. The neighbors are to
be included on the mailing list for the congregation's monthly Building
Newsletter in order to keep them better informed of the progress.
FINDINGS
Because the variance was not noticed prior to Council action, it is necessary to
rescind the resolution, which was adopted April 18 (which included approval of
- the variance) and adopt a substitute resolution approving only the Conditional
Use Permit modification. A draft resolution is attached.
The conditional use permit deals with whether the use {religious facility) is
appropriate for the site, rather than with physical development issues such as
design or size of the facility. Staff believes that this issue is clearly
separate from the variance question.
Since the parking is no longer planned to be located under the building complex,
but rather at grade in the original parking lot location, a rehearing of the
development review is also recommended.
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.
~AY 9 1995 ITEM 7, 1
3 of 16
Agenda Report
May 9, 1995
Page 3
RECOMMENDATION
It is recommended that the City Council rehear the request for variance and the
development review, and reaffirm approval of CUP86-O8M, subject to the conditions
contained in the attached resolution.
JLB:RWQ:MVD:kls
Attachments:
A. Resolution
B. Notice of Public Hearing
C. Memo from Steve Eckis
D. Letter from Property Owners to Mayor and Council Members
E:\CITY\PLANNING\REPORT\CUP8608M.REH
~AY 9 1995 ITEM 7.1
4 o£ 16
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
RESCINDING RESOLUTION NO. P-gS-lg AND
APPROVING CONDITIONAL USE PERMIT 86-08 MODIFICATION
ASSESSOR'S PARCEL NUMBER 273-820-15
WHEREAS, Variance 95-03 was not included in the original notice of public
hearing and therefore was considered without adequate public notice; and
WHEREAS, the underground parking lot, which was originally approved, will
be replaced with at-grade parking, therefore requiring a rehearing of the
development review for the building complex; and
WHEREAS, appropriate legal notice was given for the consideration of the
conditional use permit modification; and
WHEREAS, Conditional Use Permit 86-08 Modification, was submitted by the
Congregation Chabad of Poway, Applicant, for the purpose of constructing a new
synagogue complex to replace an existing complex consisting of portable
structures, located at 16934 Old Espola Road, in the RR-C zone; and
WHEREAS, the City Council has read and considered the staff report and has
considered other evidence presented at the public hearing and the request for
rehearing to address the issues of the building setback variance and location of
the on-site parking.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinqs:
The City Council finds that Conditional Use Permit 86-08M will not result
in any significant impact on the environment and hereby issues a Negative
Declaration with Mitigation Measures.
Section 2: Findinqs:
Conditional Use Permit 86-08 Modification
1. The approved project is consistent with the general plan in that
semi-public land uses such as synagogues, private schools and
churches are permitted within Rural Residential properties.
2. That the location, size, design and operating characteristics of the
project 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 site has been utilized
for the purpose stated above for more than six years and has proven
its compatibility with the neighborhood.
3. That the harmony in scale, bulk, coverage and density is compatible
with adjacent uses, in that two other churches front Espola Road
directly to the east of the subject property. Each contain
permanent sanctuaries plus a complex of support buildings to serve
their congregations, and at a similar density.
4. That the~e are available public facilities, services and utilities
for the project.
5 of 16 ~f),~¥ 9 1995 iI1';~ 7, 1
Resolution No. P-
Page 2
5. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the new upgraded facility will replace a
cluster of temporary, portable buildings.
6. That the generation of traffic will not adversely impact surrounding
streets and/or the City's Circulation Element, in that sufficient
on-site parking will be structured, along with the development of
the new complex. Parking on one side of Old Espola Road will also
serve to reduce congestion on that street. For "peak events" the
congregation will share parking with the neighboring church, St.
John of Damascus Orthodox Church.
7. That the site is suitable for the type and intensity of the use, in
that it fronts a major arterial at Poway's northwest entry. It is
located on a corner lot at the intersection of Espola Road and Old
Espola Road. The subject site is not suitable for a residence due
to significant traffic noise impacts.
8. That there will not be significant harmful effects upon
environmental quality and natural resources, in that the property is
and has been fully developed with the subject land use for a period
in excess of six years. It contains no natural plants or animals,
and has no streams within or adjacent.
9. That there are no other relevant negative impacts of the development
that cannot be mitigated, in that issues of parking, noise,
lighting, and hours of operation are controlled by the subject
conditional use permit, and are subject to annual review.
Section 3: City Council Decision:
The City Council hereby approves CUP 86-08M, subject to the following
conditions; and rescinds approval of Development Review 95-05 and Varinace
95-03.
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 on Real Property.
The use conditionally granted by this permit shall not be conducted in
such a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses.
This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the past
year. If the permit is not in compliance with the conditions of approval,
or the Planning Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council,
to consider modification or revocation of the use permit.
6 of 16
I~IAY 9 1995 ITEM 7. 1 ,
Resolution No. P-
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPNENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request 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.
4. Trash receptacle shall be enclosed by a six foot high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be
subject to approval by the Planning Services Department.
5. All roof appurtenances, including air conditioners, shall be
architecturally integrated, screened from view and sound buffered from
- adjacent properties and streets as required by the Planning Services
Department.
6. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
7. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
8. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for every three spaces. For parking lot islands, a minimum 12 inch
wide walk adjacent to parking stalls shall be provided and be separated
from vehicular areas by a six inch high, six inch wide portland concrete
cement curb.
2. Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
~A¥ 9 1995 lim;l~ 7o 1.,
7 of 16
Resolution No. P-
Page 4
3. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 25 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
4. All parking spaces shall be double striped.
5. Synagogue congregants and guests shall not park along the private streets
north of the Chabad, namely Coyote Court, the private segment of Old
Espola Road, and/or Rock Road.
LANDSCAPE IMPROVEMENT~
1. Complete landscape construction documents shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition).
2. A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be
maintained in a horticulturally acceptable manner. Dead, decaying, or
potentially dangerous trees shall be approved for removal at the
discretion of the Planning Services Department during the review of the
Master Plan of existing on-site trees. Living trees which are approved
for removal shall be replaced on a tree-for-tree basis as required by the
Planning Services Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Requirements and
shall be planted at an average of 30 feet on center spacing along all
streets.
5. Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the owner.
6. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. 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. Unnatural or excessive pruning, including topping, is not
permitted.
~IGNS
Any signs proposed for this project shall be designed and approved in
conformance with the Sign Ordinance.
8 of 16 I~AY 9 1995 ~'E~ ?, 1 ~.~
Resolution No. P-
Page 5
EXISTING STRUCTURES
]. Provide compliance with the Uniform Building Code for property line
clearances considering use, area, and fire-resistiveness of existing
buildings.
2. Existing building(s) shall be made to comply with current building and
zoning regulations for the intended use or the building shall be removed.
3. A fence shall be provided which will restrict access between the temporary
location of the synagogue trailer and the construction area.
4. A solid fence shall be improved along the western property line which will
provide a sufficient visual and noise barrier between the parking lot and
the residences in the adjoining neighborhood.
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE ENGINEERING SERVICES DEPARTMENT.
GRADING
]. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work and submitted at the time of
application for grading plan check.
3. The final grading plan, prepared on a standard sheet of mylar, shall be
subject to review and approval by the Planning and Engineering services
Departments and shall be completed prior to issuance of a grading permit.
4. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
5. A final compaction report shall be submitted and approved prior to
issuance of building permits.
6. A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to issuance of building permits.
7. Buildings and parking lots shall be at least five feet from tops and toes
of slopes, unless waived by Planning and/or Engineering Services
Departments prior to grading permit issuance.
8. If pad elevation increase by greater than two feet in height from those
approved on the schematic grading plan used as a basis of approving the
project, City Council approval will be required prior to grading permit
issuance.
- 9. Non-supervised or non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
9 of 16 MAY 9 1995 ITEM 7. 1
Resolution No. P-
Page 6
]0. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be
submitted as part of the grading plan. The developer shall make
provisions to insure the proper maintenance of all erosion control devices
throughout their intended life.
STREETS AND SIDEWALKS
]. All damaged off-site public works facilities, including parkway trees,
shall be repaired and replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Director of Engineering Services.
2. Prior to any work performed in the public right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required. Said work shall include, but is not limited to, construction of
a driveway approach, sewer lateral installation, water service line
installation, or street construction {including concrete curb, gutter, and
sidewalk).
DRAINAGE AND FLOOD CONTROL
1. Intersection drains shall be required at locations specified by the
Director of Engineering Services and in accordance with standard
engineering practices.
2. A drainage system capable of handling and disposing all surface water
originating within the project, and all surface waters that may flow onto
the project from adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
3. Portland cement concrete gutters shall be installed where water crosses
the roadways.
4. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
CONPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. CONPLIANCE SHALL BE
APPROVED BY THE DEPARTHENT OF SAFETY SERVICES.
1. The buildings shall display their numeric address in a manner visible from
the access street. Building addresses shall also be displayed on the roof
in a manner satisfactory to the Director of Safety Services. Minimum size
of building numbers is 18 inches on facade of building.
2. An additional fire hydrant shall be located at Old Espola Road and Espola
Road {northwest corner).
3. An approved automatic sprinkler system shall be installed throughout the
building.
10 of 16 ]~A¥ 9 1995 r~EM ?, 1
Resolution No. P-
Page ?
4. The entire sprinkler system shall be monitored by a central monitoring
agency. A system post indicator valve with tamper switch shall be
installed prior to occupancy.
5. In the "Group E" areas {school), the activation of the sprinkler system
and or smoke detectors, shall automatically activate the school fire alarm
system, which shall include an alarm mounted on the exterior of the
building.
6. "Group A" occupancy shall be provided with a manual fire alarm system.
Activation of the manual fire alarm shall immediately initiate an approved
pre-recorded message announcement.
7. The building shall meet all the requirements of the current Uniform Fire
Code and Uniform Building Code.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 9th day of May, 1995.
Don Higginson, Mayor
- ATTEST:
Marjorie K. Wahlsten, City Clerk
MAY 9 ]99S ITEM 7.1'
11 of 16
I-?Y OF
SUiAN C~! I ):RY, Deputy Mayor
I~IICI~-Y CAFAGNA, Councilm*mbcr
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 Civic Center Drive~,~oway,
California 92064 on Tuesday, April 18, 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 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 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 273-810-1.5
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 pe¢~on 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
rAttacl{ment B
City Hall Located at 13325 Civic Center Drive ~AY 9 1995 [TlzM ?o 1' '
12 of 16 [ailing Address: P.O. Box 789, Poway, California 92074-0789 · (619) 748-6600, 695-1400
MEMORANDUM
CITY OF POWAY
TO: Reba Wright-Quastler, Director of Planning Services
FROM: Stephen M. Eckis, City Attorm~
DATE: May 1, 1995
RE: Request For Rehearing: Chabad of Powav
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 fro.m 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 varia/ice 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 ma~ter 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
13 of 16 '-
April 27, 1995
Honorable Mayor and Members of the City Council R E C E J V 'E D
City Hall "
13325 Civic Center Dr. APR 2,~. 1995
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. Apd118, 1995 concerning Environmental
Assessment, Conditional Use Permit 86-08 Modification, development Review 95-05
and Variance 95-03, Chabad of Poway, Applicant.
The principal rea_sons 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 dudng construction,
etc.).
L4 of 16 'Attachment D ~AY 9 1995 ii[EM ?. 1 ,
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, '"
1995 iTEM 7, 1
15 of 16
~ MaY 9 1995 ITEM ?. 1
16 of 16 '~ ~