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Item 5 - CUP 83-01 Iglesia ni Cristo DISTRIBUTE~, 'No .. ~-~~' .,!*.." - 7- , s-.~--....--= AGENDA REPORT SUMMARY TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ INITIATED BY: John D. Fitch, Assistant City Manager ~ Reba Wright-Quastler, Director of Planning Services~ DATE: July 11, 1995 SUBJECT: A continued hearing from June 27, 1995 concerning Conditional Use Permit 83- 01, consideration of possible modification or revocatfon of approval for continued use of the site by the Iglesia nf Cristo (Church of Chrfst). ABSTRACT Continuance of discussion of interim conditions for the operation of Iglesia ni Cristo on Elm Park Lane. ENVIRONMENTAL REVIEW The subject report is an existing facility where no material change has occurred. It is exempt under the provisions of the California Environmental Quality Act, Class I, and a Notice of Exemption has been issued. - FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE This is a continuation of a public hearing June 20, 1995, for which public notice was published in the Powav News Chieftain and mailed to ~ property owners and residents within 500 feet of the project boundaries. RECOMMENDATION It is recommended that the City Council adopt the attached resolution containing fnterim cond~tions of approval for the operation of Iglesia ni Cristo under CUP 83-01 and a final hearing date for August 22, 1995, at which time progress toward the required conditions will be assessed for the continued use of the site by the applicant. ACTION - II E:\CITY\PLANNING\REPORT\ILEGSIAZ.SUM 1 of 10 JUL 11 1995 ITEM 5 - - --- ---- - ------------ ________________.__.n.n...._._. __ ~ AGENDA REPOR CITY OF POW A Y TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Ma~ INITIATED BY: John D. Fitch, Assistant City Manager ..pYcJ Reba Wright-Quastler, Director of Planning Services Marijo Van Dyke, Associate Planner DATE: July 11, 1995 MANDATORY ACTION DATE: August 22, 1995 SUBJECT: A continued hearing from June 27, 1995 concerning Conditional Use Permit 83-01, consideration of possible modification or revocation of approval for continued use of the site by the Iglesia ni Cristo (Church of Christ). APN: 317-640-52 BACKGROUND On June 20, 1995 and again on June 27, 1995, the City Council heard testimony from both the appl icants and the surrounding residents of the Elm Park Lane neighborhood which surrounds the Iglesia ni Cristo church property. Since that time staff has met wi th the ne i ghbors and wi th church representat i ves both separately, and on Friday, July 7th as a large group. On June 27, 1995, Council was presented with a list of draft conditions which were suggested by the neighborhood in order to assure that if the church remains on the property, it will be able to provide the mitigation measures necessary to shield the neighborhood from unacceptable impacts. Church representatives testified at the hearing that more time would be necessary to provide interim improvements including the block wall installed at the property lines, drainage improvements, installation of the trash enclosure, and design and construction of the mini-park. Staff was instructed to meet with the church and neighborhood to attempt to formulate an agreed timetable for this work to be accomplished, and charged the applicants to provide a work schedule for tonight's meeting. ACTION: I 2 of 10 )) JUL 11 1995 ITEM 5 . - -, Agenda Report July 11, 1995 Page 2 FINDINGS After 3 1/2 hours of discussion on July 7th, the neighborhood and the church had moved closer to agreeing to the ground rules for continuing the planning of the improvements. A tentative schedule had been presented for the mini-park design. A sub-committee consisting of representative of both church and neighbors was established. An explanation of the construction process for the improvements requested by the neighbors was given by the project architect. A wide ranging and detailed discussion took place, which included a promising dialogue between the two sides. It yielded mutual agreement regarding improved neighboring relations. At the end of the meeting however, the consensus which had been building broke down around the issue of the church leadership requiring an assurance from the neighbors that their future church complex would be approved prior to the commencement of any work on any of the interim improvements. The subcommittee agreed to meet as soon as preliminary sketches of the new church are available. However, the comfort level of the neighbors' group was decidedly reduced by the pronouncement from the church hierarchy. The neighbors were able to say only that they would support an application for the design if it meets the normal development standards of the City of Poway, and to the extent that the complex does not overload the capacity of the site. To date staff has expended literally hundreds of hours on the disposition of the subject property. Although some progress has been made, it is clear that no resolution of the differences between the two sides will be readily forthcoming. Staff therefore recommends that the Council adopt a set of interim conditions which provide a reasonable timetable for accomp1fshment of the fnsta11ation of those physical improvements which the neighbors have requested as well as the imposftion of new operating standards for church activities, and review the fntervening progress toward completion on August 22, 1995. ENVIRONMENTAL REVIEW The subject report is an existing facility where no material change has occurred. It is exempt under the provisions of the California Environmental Quality Act, Class I, and a Notice of Exemption has been fssued. FISCAL IMPACT None. 3 of 10 JUL 11 1995 ITEM 5 i Agenda Report July 11, 1995 Page 3 ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE This is a continuation of a public hearing June 20, 1995, for which public notice was published in the Powav News Chieftain and mailed to ~ property owners and residents within 500 feet of the project boundaries. RECOMMENDATION It is recommended that the City Council adopt the attached resolution containing interim conditions of approval for the operation of Iglesia ni Cristo under CUP 83-01 and a final hearing date for August 22, 1995, at which time progress toward the required conditions will be assessed for the continued use of the site by the applicant. JLB:JDF:RWQ:MVD:KLS Attachments: A. Proposed Resolution B. Zoning and Location Map C. Property Site Plan JUL 11 1995 ITEM 5 .4 4 of 10 - - RESOLUTION NO. P- - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING INTERIM CONDITIONS OF APPROVAL FOR IGLESIA NI CRISTO CHURCH, CUP 83-01 ASSESSOR'S PARCEL NUMBER 317-640-52 WHEREAS, the congregation Iglesia ni Cristo has obtained a conditional use permit from the City of Poway fn 1983 which contained specific conditions of approval relatfng to the conduct of a church on a residentially zoned property located at 12730 Elm Park Drive, in the RS-7 zone; and WHEREAS, an annual review was brought before the Poway City Councfl as a result of the receipt of neighborhood complaints regarding the use of the property by the church; and WHEREAS, the City Council determined that it was necessary to consult with the neighbors concerning the need to amend conditions of approval as an alternative to the revocation of Conditional Use Permit 83-01, in order to rectify ongoing problems generated by the church's activities; NOW, THEREFORE, the City Council does hereby resolve as follows: Section I: Environmental Findinas: The subject act ion is exempt from the under the provisions of the California Environmental Quality Act, Class I, an existing facility. - Section 2: Findinas: 1. The approved project is consistent with the general plan in that semi-public uses are permitted in residential zones with benefit of a conditional use permit, prOVided the applicants abide by required conditions of approval. 2. That the harmony in scale, bulk, coverage and density is consistent with adjacent uses, in the existing buildings are single story, low profil e structures which mirror the scale of surrounding construction. 3. That there are available public facilities, services and utilities already in place. 4. That there will not be harmful effect upon desirable neighborhood characteristics, fn that fnterim conditions are contained herein, which the applicants will either abide by or the conditional use permit may be declared null and void at the next scheduled public hearing on this project which is tentatively scheduled for August 22, 1995. 5. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element, in that on-street parking will not be permitted by attendees of the church. - Parking will only be permitted within designated paved parking lots on the church's property. 5 of 10 JUL 11 1995 ITEM 5 . . -------- --- - ------- Kesolution No. P- Page 2 6. That the site is suitable for the type and intensity of use or deve 1 opment whi ch is presently established there, in that the fnterim conditions limit the use of the facility fn terms of hours of operation, maintenance practices, and conduct of church activities in order to prevent further disruption of residential neighbors lives. 7. That there will not be significant harmful effects upon environmental quality and natural resources, because the site has been previously disturbed and no significant environmental resource exist there. 8. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. Section 3: Citv Council Decision: The City Council hereby approves the extension of Conditional Use Permit 83-01, subject to the following conditions: Within 30 days of approval (I) 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 a bi-monthly, then quarterly review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred duri ng the past year. I f the permi tis not in comp 1 i ance with the conditions of approval, or the Planning Services Department has received complaints, the next required review before the City Counc 11 shall consider modification or revocation of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. 1... THE NEIGHBORHOOD PARK: l. A minor development review for the design of the pocket park shall be submitted to City Planning staff by July 13, 1995, and be presented to the City Council by August 1, 1995. 2. The easement document for the dedication of the park lot shall be submitted to the City in a form acceptable for recordation by August 7, 1995. 3. Site preparat i on and any necessary demo 1 it I on work for the park shall begin by August 15, 1995. 4. Construction of the park shall begin by September 9, 1995. 6 of 10 JUL 11 1995 ITEM 5 . . _. - Resolution No. P- Page 3 - lL. CHURCH OPERATIONS: I. Hours of use of the premises shall be limited to between 6:30 a.m. and 10:00 p.m. 2. No outside activities including, but not limited to, social events, shall continue after 10:00 p.m. Sunday through Thursday, or 11:00 p.m. on Friday and Saturday. (The parking lots are to be empty at these times.) 3. No outside amplified sound shall be permitted at any time. 4. Noise levels shall not exceed 45 decibels at any time, when measured at the property lfne adjoining a residential lot. 5. No special outdoor events shall be conducted on the property without an approved temporary use permit from the City of Poway and written consent from all adjoining property owners/ residents. ilL. SITE IMPROVEMENTS: I. A six-foot high tan slump block wall shall be installed by the church at the rear property lines of the homes which back up to the church property. Work shall begin by August 18, 1995. - 2. Grading shall be accomplished and fixtures installed as requfred to correct existing drainage problems over the rear yards of adjoining homes fronting Silverlake Drive, which originates on the church's property. Work shall be started by August 18, 1995. 3. All grading and drainage improvement designs necessary to complete the wall construction, and drainage corrections, shall be submitted for review to the Poway Engineering Services Department by August 10, 1995. ll..... TRAFFIC AND PARKING: I. No on-street parking shall be permitted. 2. Church attendees shall park fn paved parking lots only. 3. Speed humps shall be installed at the exit of each existing parking lot to control excessive speed when leaving the parking area. 1.. PROPERTY MAINTENANCE: GENERAL: I. Install two standard size trash dumpsters inside a six-foot high solid wood enclosure, with painted, solid wood gates by July 31, 1995. The placement of the enclosure shall be to the satisfaction of the Planning Services Department. 2. Pedestrian access to Papago Drive shall be closed. The easement sha 11 be vacated, and deeded to both adjoining residential properties. This shall be accomplished by August 22, 1995. 7 of 10 JUL 11 1995 ITEM 5 Resolution No. P- Page 4 3. After each use of the premises, police the grounds and parking areas for trash. Provide adequate trash containers and ash cans on the property. Do not throw trash, cigarette butts or any other item fnto neighbors yards and/or streets. 4. Remove all accumulated junk and debris from the property, specifically that area which is located on the west side of the upper lot which is partially screened by temporary fencing, as required by the Poway Municipal Code, within ten (10) calendar days. No outdoor storage of materials is permitted. LANDSCAPING: 1. The entire lot shall be thoroughly weeded, 1 awns seeded and fert il ized, irrigation restored to all parts of the property, appropriate plant materials added on the slopes, by August 11, 1995. 2. The plant materials and lawns shall thereafter be maintained fn a healthy, thriving conditions free of weeds, trash and debris as provided in the Poway Municipal Code. 3. Container trees, a minimum of 24 fnch box size, shall be added to the existing upper parking lot, to be distributed at a rate of one tree for every three parking spaces, as provided in CUP 83-01, and by the Poway Zoning Ordinance. The trees may be maintained in their original containers until the appropriate time for permanent installation. This shall be accomplished by August 11, 1995. ll.. NEIGHBORHOOD OUTREACH: The church shall appoint several representatives to meet twice per month with a neighborhood subconunittee of two or more residents to review improvements and discuss any ongoing problems. llL. ON-GOING ASSESSMENT: Planning Services staff shall report to the City Councfl concerning progress toward and achievement of the conditions contained in this resolution on the following dates August 22, 1995, October 17, 1995, and December 12, 1995; thereafter on a quarterly basis for the following 1996 calendar year. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 11th day of July, 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk 8 of 10 JUL 11 1995 ITEM 5 . ~ .- - ~~ , - - 'J'Q- r' fi/litl/-J--'::' ~t; ttlo-v A ~ :.. :::- ,. :~ - ~. ~ -. ..=. -- ,1i - t Ih j T ~.- ~ I [ \ ~ . _ ... ~ '-j ~ r IT . ..-. - -.~"'" ~\ ).- ;: -::: =: ~..:4 ':fj ~lJ ~ ~ ~ :r ' / _ ':: _ .'Vj~1..L T 1>'::<-\\1 r"":r...:. I AR : ::: 1'1 ~ ~ ~". ./ n- L I T.~ _ f- .\\\ h,~ 0 ...... _ ~,,- III y ""L . ~...... \ 9~ / . I IT - I I h~.J C'O '. I- c- 'l.... r1 S ... . I-~. ~ r--..l;[l III I 'II., '~ ., ~ H .,.. R .-s '.. 'TTl' ~ I. 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