Item 5 - CUP 83-01
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AGRlffiA REPORT SUMMARY
- TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ ~.
INITIATED BY: John D. Fitch, Assistant City Manage~'~
Reba Wright-Quastler, Director of Plan ing Services ~
DATE: June 20, 1995
SUBJECT: Conditional Use Permit 83-01 Annual Review
ABSTRACT
This report addresses the consideration of possible modification or revocation of
approval of the site by the Iglesia ni Cristo (Church of Christ). The property is
located at 12730 Elm Park Lane, in the RS-7 zone.
ENVIRONMENTAL REVIEW
This project is exempt under the provisions of the California Environmental Quality Act,
Class 1.
FISCAL IMPACT
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None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 155 property
owners within 500 feet of the project boundaries.
RECOMMENDATION
It is recommended that the City Council continue the public hearing to August 22, 1995,
at which time the original conditions of approval will either be satisfied or
Conditional Use Permit 83-01 will be formally declared null and void, and zoning
enforcement action will be initiated.
ACTION
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- AGENDA REPORr_
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ e
INITIATED BY: John D. Fitch, Assistant City Manager~J~
Reba Wright-Quastler, Director of Planning Services~
Marijo Van Dyke, Associate Planner
DATE: June 20, 1995
MANDATORY
ACTION DATE: None
SUBJECT: Conditional Use Permit 83-01 Annual Review, Consideration of
possible modification or revocation of approval for continued
use of the site by the Iglesia ni Cristo (Church of Christ).
The property is located at 12730 Elm Park Lane, in the RS-7
zone.
APN: 317-640-52
BACKGROUND
On July 12, 1983, the Poway City Council approved the initial establishment of
the Congregation of Iglesia ni Cristo on the property described above. The
approval included the conversion of an existing neighborhood recreation center,
whi ch had been operated bri efly as a pre-school, into a religious complex
consisting of a chapel, social hall and Sunday school. The approval also
provided for the construction of a pastoral house.
On December 17, 1985, the appl icants requested an amendment to the original
resolution which would have deferred a required condition of approval, the
dedication and improvement of a neighborhood pocket park on the property to a
1 ater development phase. This request was denied. Since occupancy of the
building in Phase I was contingent on the completion and conveyance of the park,
legal occupancy was never issued to the church.
In 1986, the attorney for the church, requested in a letter that the condition
requiring the dedication and improvement of the public park be "extinguished as
an encumbrance" on the subject property. The item was scheduled for public
hearing but later removed from calendar.
ACTION:
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Agenda Report
June 20, 1995
Page 2
During the period between 1984 and 1989, a great many changes were made to the
interior of the bUildings, including modification of the occupancies of certain
portions of the complex from office space to assembly areas, plumbing and wiring
modifications and the construction of a six foot chain link fence surrounding the
entire perimeter of the property. Building permits were not obtained for the
work.
From approximately 1987 through February, 1995 the representatives of the
congregation concentrated on negotiating with City staff regarding the terms of
the park design, and its construction, maintenance and insurance. It was agreed
that the City would accept the park when completed and undertake maintenance and
liability insurance on it promptly.
A permanent worship facility was the goal in 1983. The design of the facility
has been presented to staff in pieces, over the past five years, with very little
tangible progress being made. More recently a prototype design was presented to
staff, and following that meeting, to the surrounding neighbors at a community
meeting on April 19, 1995. It became apparent at the meeting that there were
problems associated with the conduct of the church. The issues dealt mainly with
the poor appearance of the property, the fortress-like effect of the fencing
surroundi ng the property, and the unorthodox parki ng habits of congregants
attending worship services. Neighbors were also very concerned with the
expansion of the facility, in that the prototype building seemed very large,
something beyond community scale.
In 1993, the church was notified of the need for remediation of the ongoing
building safety issues and that the Conditional Use Permit was null and void due
to the failure to complete required conditions of approval. Fo 11 owi ng the
notification, building permits were issued and a substantial amount of remedial
work was done. A list of corrections was given at the inspection. No further
inspections were requested, and the permits expired.
Following the neighborhood meeting on April 19, staff notified the church that
its presence on the site constituted a zoning violation. The notice listed the
regulatory authority to proceed with zoning enforcement. A list of existing
violations was spelled out. The church was informed of the City's intent to hold
a public hearing on the matter by mid-June.
FINDINGS
Recently, church leaders have met with staff and have agreed to complete the
building code requirements. The congregation removed the chain link fencing
which had surrounded the front perimeter of the property. Work parties are in
the process of weeding and cleaning the grounds, repairing the irrigation system
and preparing the building for painting. The upper parking area will be weeded,
resurfaced and striped. The "No Trespassing" signs have been removed. Most
important of all, a formal design process is underway for the pocket park.
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Agenda Report
June 20, 1995
Page 3
ENVIRONMENTAL REVIEW
The subject of this report is an existing facility where no material change has
occurred. It is exempt under the provisions of the California Environmental
Quality Act, Class 1.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to ~
property owners within 500 feet of the project boundaries.
RECOMMENDATION
It is recommended that the City Council continue the public hearing to August 22,
1995, at which time the original conditions of approval will either be satisfied
or Conditional Use Permit 83-01 will be formally declared null and void, and
zoning enforcement action will be initiated.
JLB:JDF:RWQ:MVD:kls
Attachments:
A. Zoning and Location Map
B. Original Resolution No. P-83-36
C. Site Plan
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CITY OF POWAY ITEM: CUP 83-01
@ SCALE, TITLE : ZONING & LOCATION
NONE ATTACHMENT: A
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RESOLUTION NO. P-83-36
A RESOLUTION OF TIlE CITY OOUNCIL
OF TIlE CITY OF POWAY, CALIFORNIA
APPROVll'lG roIDITIONAL USE PERMIT 83-0l/DEVEWFMENI' REVIEW 83-06
ASSESSOR'S PARCEL NUMBER 317-640-52
WHEREAS, Conditional Use Permit 83-01 and Development Review 83-06,
submitted by Iglesia ni Christo (Church of Christ) applicant, requests approval
of a church and its related facilities (Stmday school, social hall, chapel and
pastoral house), in the R-S-11 (Single Family Residential) zene; and,
WHEREAS, en July 12, 1983, the City Council held a duly advertised public
hearing to solicit cannents from the public, both pro and con, relative to
this application.
NJW, 'IHEREFORE, the City Council does hereby resolve as follows:
Section: 1 Findings:
Conditional Use Pennit
1. That the location, size, design, and operating characteristics of the
proposed use will be canpatible with and will not adversely affect or
be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resoorces, because the use proposed is an
extension of normal activities within a reseidential area;
2. That ,.the harmony in scale, bulk, coverage and density is consistent
with adjacenc uses, because the buildings proposed are compatible in
scale to existing buildings in the residential area;
3. That there are available public facilities, services and utilities
already in place;
4. That there will not be a hannful effect upen desirable neighborhood
characteristics;
5. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element, because
traffic associated with the church will not be beyend the capacity of
surrounding streets;
6. That the site is suitable for the type and intensity of use or
development which is proposed, because most of the necessary
facilities to support the use already exist;
7. That there will not be significant hannful effects upen environmental
quality and naturnl resources, because the site has been previously
disturoed ahd no significant environmental resources exist there;
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8. That there are no other relevant negative impacts of the proposed use
that camot be mitigated; and
9. That the impacts, as described above, and the location of the proposed
use will not adversely affect the City of Poway General Plan for future
as well as present developnent, because the use is compatible with the
General Plan criterial for use of this area.
Development Review
l. That the proposed developnent is in conformance with the Poway General
Plan, because the use is canptatible with General Plan criteria for use
of this area.
2. That the proposed developnent will not have an adverse aesthetic,
health, safety or architecturally related impact upm adjoining
properties, because the use is an extension of normal activities within
a residential area.
.
3. That the proposed developnent is in caupliance with the Zoning
Ordinance, because it meets criteria for the developnent of religious
facilities.
4. That the proposed developnent encourages the orderly and harmmious
appearance of structures and property within the City by replacing a
publ~c nuisance situation with compatible developnent for the area.
Section 2: Environmental Findings:
The City Council finds that this project will not have a significant
adverse impact en the environment and hereby issue a Negative Declaration.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Pemt 83-01/Developnent
Review 83-06 subject to the following cenditiens:
Il. An open space easement shall be granted to the City over the area of
the proposed recreatiotial park which allows use of that area by the
, general public and the park shall be improved and maintained by the
~A applicant. An irrevocable offer of dedication shall also be granted to
the City over the area of the proposed recreational park which shall be
reviewed for acceptance by the City Council three (3) years after
approval. ,. A reciprocal parking agreement for ten (10) parking spaces
adjacent to the park shall also be Provided to the City.
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Resolution No. P-83-36
Page 3
2. Improvement of the park shall include additional grading to increase
~ the useable recreational area, landscaping for slope stabilization and
aethetics, basketball half-court, sand pit, swings, slides, and other
playground equipnent, all to the satisfaction of the Directors of
Community and Public Services.
. 'Ill" park shall be maintained by the applicant at a level consistent
~; with that provided for City parks to the satisfaction of the Director
of Community Services. A maintenance plan shall be sul:mitted and
approved by the Director of Comnunity Services prior to use of the
4. Should the project be phas~ granting of the open space easemep.t~
,\ improvement and maintenance of the park shall be requirements of the
~\
first phase..
5. The City will relinquish the existing open space easement over the
~O remainder of the property in return for canpliance with Conditioos 1,
2, and 3 above with the cost of vaction proceedings to be borne by the
li
6. Within sixty (60) days of the approval of this permit, the applicant
shall secure the exist~g toilet/sha.;er building and within 120 days
the exterior of the building shall be restored and all debris (weeds
and man-made material) shall be remove. Ihring the time period needed
to canplete these requirements, the applicant shall provide security
persamel at the site on a 24-hiJur basis. All of the above
requirements shall be canpleted to the satisfaction of the Director of
Safety Services.
7. Phasing of the project will include the Sunday school/social hall as
the first phase, the chapel as the second phase, and the pastoral house
as the third phase. Installation of other site improvements shall
occur as part of the first phase or to the satisfaction of the Director
of Planning Services.
1 8. Existing solid fencing on the site shall be repaired mere necessary
. and repainted. Slats shall be installed in the existing chainlink
fence along the west, north, and east sides of the church adjacent to
the rear yards of existing residences.
9. The landscaping plan for this project shall be to the satisfaction of
the Director of Planning Services and shall include shrubs along Silver
1. Lake Drive to fom a hedge to screen headlights from existing
residences and a minimum of six trees in the parking lot on Silver Lake
Drive.
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Page 4
Section 4: City Council Decision:
The City Council hereby approves Conditional Use Permit 83-01 /Developn~t
Review 83-06 subj ect to the follcMn.g Standard Conditions:
I. APPLlCANl' SHALL ron'ACI' TIlE DEPAR'IMENI' OF PLANNING SERVICES REGARDING
ro1PLLAJJCE WITH TIlE FOllOWING CXJNDITIONS:
A. SITE DE.VEI.OPMENT
.
l. Site shall be developed in accordance with the approved site plans
en file in the Planning Services Departm~t and the conditicns
contained herein.
2. Revised site plans and building elevaticns incorporating all.
conditicns of approval shall be subnitted to the Planning Services
Departmenc prior to issuance of building peDDits.
.
3. Approval of this request shall not waive compliance with all
. sectioos of the Zoning Ordinance and all other applicable City
Ordinances in effect at time of Building PeDDit issuance.
6. Trash receptacle areas shall be enclosed by a 6 foot high masenry
wall with view obstructing gates pursuant to City standards.
Location shall be subject to approval by the Planning Services
DepartJDent.
7. All roof appurtenances, including air conditieners, shall be
architecturally integrated, shielded from view and sound buffered
from adjacent properties and streets as required by the Planning
Services De rtJDent .
8. Prior to any use of the project site or business activity being
=enced thereen, all conditiens of approval contained herein
shall be caupleted to the satisfa,ction of the Director of Planning
Services.
B. PARKING AND VEHICUUR ACCESS
1. Pa:rl<i.ng lot lights shall be a maximum height of 18 (eighteen) feet
fran the finished grade of the parking surface and directed away
from all property lines, adjacent streets and residences.
., 2. Pa:rl<i.ng lot trees shall be a minimum 15 gallen size.
.
3. Emergency access shall be provided, maintained free and clear, a
., minimum of 24 feet wide at all times during construction in
.. accordance with Safety Services Department requirements.
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C. IANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to and
approved by the Planning Services Department prior to the issuance
of bui ldin ermits.
z. Street trees, a minimum of 15 gallon size or larger, shall be
installed in accordance with the Master Plan of street trees for
the City of PaNay and shall be planted at an average of every 30
feet on interior streets and 20 feet on exterior streets.
3. All landscaped areas shall be maintained in a healthy and thriving
condition, free fran weeds, trash, and debris.
D. SIGNS
1. Any signs proposed for this develOIJllent shall be designed in
conformance with the Sign Ordinance and shall require review and
approval by the City Council.
E. RECBEATION No Conditions
F. ADDITIONAL APPROVALS ~UIRED No Ccnditions
II. APPLICANT SHAll. CONTACI' TIlE BUILDING DIVISION REGARDING OOMPLLANCE WITH
TIlE FOIl.OWING OJNDITIONS:
G. SITE DEVELDPMENI'
1. The applicant shall comply with the latest adopted Uniform Build-
ing 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 approval of this project.
2. Prior_to issuance of building permits for combustible construc-
tion, evidence shall be subnitted to the Director of Safety
Services that water supply for fire protecticn is available.
Where' additional fire protection is required by the Director of
Safety Services, it shall be serviceable prior to the time of
construction.
3. Prior to the issuance of a building permit for a new commercial or
industrial development, or addition to an existing development,
the applicant shall pay development fees at the established rate.
Such fees may include, but not be limited to: Drainage Fee,
Permit, Plan Checking Fees, Water and Sewer Service Fees.
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Resolution No. P-83-36
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4. Building identification and/or addresses shall be placed on all
new and existing buildings so as to be plainly visible from the
street or access road; color of identification and/or addresses
shall contrast to their background color.
H. EXISTm; STRUCIURES
,1. Provide compliance with the Unifonn 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 demolished.
I. GRADm;
1. Grading of the subject property shall be in accordance with the
Unifonn Building Code, City Grading Standards and accepted grading
practices.
2. A soils report shall be prepared by a qualified engineer licensed
by the State of Califomia to perfonn such work.
3. The final grading plan shall be subject to review and approval by
the Planni.ng Services and Public Services Departments and shall be
' canpleted prior to recordation of the final subdivision map or
issuance of building pennit whichever comes first.
III. APPLlCANl' SHALL <XNrAcr lEE PUBUC SERVICFS DEPARTMENr REGARDlliG
OJMPLIANCE WITH lEE FOll.OOING <XX:IDITIONS:
J. STREETS AND SIDEWALKS
1. All damaged off-site public works facilities, including parkway
trees, shall be repaired or replaced prior to exoneration of bands
and improvements, to the satisfaction of the Department of Public
Services.
2. Prior to any work being perfonned in the public right-of-way, an
encroaclunent pennit shall be obtained from the Eublic Services
Office and appropriate fees paid, in addition to any other pennits
required.
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Resolution No. P-83-36
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K. DRAINAGE AND FLOOD CDN'l'ROL
1. The applicant will be responsible for construction of all onsite
drainage facilities required by the Director of Public Services.
2. The Master Plan of Drainage Fee shall be paid at the established
rate in accordance with the Drainage Ordinance.
L. UTILITIES "
1. Prior to the issuance of building permit the developer shall pay
the Bridge and Major Thoroughfare Construction Fee at the
established rate.
M. GENERAL REl:1UIlID1ENrS AND APPROVAIS No Conditions
PASSED, AIXlPI'ED, AND APPROVED by the City Council of the City of Pa-;ay,
CalifOrnia, at a regular meeting thereof this 12th clay of July, 1983.
(\L~\0C0 L ,r:?10-L '@\-'
Linda . Oravec, ,Mayor
AITFSr
Ih~,~ K 2*"-,~t_
Marjorie K. Wahlsten, City Clerk
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CITY OF POWAY ITEM: c..u.f' 'is,=, -0 I
~ seAL"', N~ TITLE: $("e. Pc...~
ATTACHMENT: C
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June 20, 1995
City Clerk
City of Poway
13325 Civic Center Drive
Poway, CA 9204
Dear Council Members:
I would like to express my concern regarding the renewal of Conditional-Use
Permit No. 83-01.
We purchased our house about a year and a half ago. While looking over our
paper work, we noticed an area allocated for a community park. We drove around
the neighborhood and found no park. Upon talking to our neighbors and
checking with the Poway Building Department we have learned a little of the
history of this parcel of land and Conditional-Use Permit No. 83-01.
We have learned that Iglesia Ni Cristo made commitments to the City of Poway and
the surrounding neighborhood upon their purchase of this land, one of which was
the build-out of a pocket park. Instead they poured a parking lot and fenced in
the entire area posting "No Trespassing" signs. (Only in the past several weeks
have the fence and signs been removed. ) We also realize that the build-out of
this park was to be part of the churches first phase of development, they now
want to begin a third and final phase.
I know that there are many issues involved here. The pocket park, various
fencing issues, the late night noise, parking problems, landscape and
maintenance of the property, the list goes on. Although not directly effected by
some of these concerns, as a home owner in this area I am concerned with the
neighborhood overall and as the church continues to grow, I can only imagine
these problems will become more widespread.
Iglesia Ni Cristo purchased this land over ten years ago. They have completed
two phases of their development, both times ignoring the requests of the Poway
City Council to complete the conditions of their permit. It is my understanding
that they have never received an approval to occupy their existing buildings
since they have never met the conditions of their permit, yet the church holds
several weekly meetings in their buildings.
I would like to suggest that the Poway City Council has been patient long enough.
Iglesia Ni Cristo has consistently made promises and commitments, even initiating
processes as a show of good faith, and then failing to fulfill their obligations. I
do not support approval for continued use of this property by Iglesia Ni Cristo
unless the conditions of their Conditional-Use Permit are immediately fulfilled.
Sincerely,
~J:Jcvv
Tracey D bar
12627 Or ven Lane
Poway, CA
1,-;"'-'15
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