Item 25 - CUP 83-01 Iglesia ni Cristo
---~ENDA REPORT SUMMARy ~ ~-/8.qS
~
TO: Honorable Mayor and Members of the City Council
- James L. Bowersox, City Man~
ROM:
INITIATED BY: John D. Fitch, Assistant City Manager ~ ,
Reba Wright-Quastler, Director of Planning Ser ces
DATE: August 22, 1995 .
SUBJECT: Conditional Use Permit 83-01, consideration of possible modification or
revocation for continued use of the site by the Iglesia ni Cristo (Church of
Christ), located at 12730 Elm Park Lane, in the RS-7 zone.
ABSTRACT
City Council heard testimony from both the applicants and the surrounding residents of
the Silver Lake/Elm Park Lane neighborhood concerning the performance of the Iglesia ni
Cristo church on June 20, June 27 and July 11, 1995. A set of interim conditions was
adopted which regulates the operations of the church more closely. A timetable for the
complp.tion of cleanup and improvements was also adopted in Resolution No. P-95-36
ENVIRONMENTAL REVIEW
The subject report is concerning an existing facility where no material change has
occurred. It is exempt under the provisions of the California Environmental Quality
Act, Class 1 and a Notice of Exemption has been issued.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Poway News Chieftain and mailed to 244 property owners and
residents within 500 feet of the project boundaries.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution continuing the
interim conditions of approval for the operation of Iglesia ni Cristo under CUP 83-01.
ACTION
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1 of 8 AUG 2 2 1995 ITEM
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~AGENDA REPORT
CITY OF POW A Y
TO: Honorable Mayor and Member~ City Council .'
FROM: James L. Bowersox, City Ma
INITIATED BY: John D. Fitch, Assistant City Manager ~
Reba Wright-Quastler, Director of Planning Service
Marijo Van Dyke, Associate Planner
DATE: August 22,1995
MANDATORY
ACTION DATE: August 22, 1995
SUBJECT: Cond i t i ona 1 Use Permit 83-01, consideration of possible
modification or revocation for continued use of the site by
the Iglesia ni Cristo (Church of Christ), located at 12730 Elm
Park Lane, in the RS-7 zone.
APN: 317-640-52
BACKGROUND
On June 20 and 27, 1995, and again on July II, 1995, the City Council heard
testimony from both the applicants and the surrounding residents of the Silver
Lake/ Elm Park Lane neighborhood concerning the performance of the Iglesia ni
Cri sto church. On July 11, a set of interim conditions was adopted which
regulates the ope rat ions of the church more closely. The set of interim
conditions was the product of meetings among the members of the neighborhood
together with City staff and representatives of the church. A timetable for the
completion of cleanup and improvements was also adopted in Resolution No. P-95-36
.
FINDINGS
In the intervening weeks since the adoption of the interim conditions, the
following has occurred:
1. A solid wood trash enclosure has been installed adjacent to the parking
area on the upper level serving the church complex.
2. The property has been cleaned, lawns fertilized and watered. The slope
between the church level and the lower parking lot has been cleaned.
ACTION:
2 of 8 ))
AUG 2 2 1995 ITEM 5
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Agenda Report
- August 22, 1995
Page 2
3. The congregation members have been notified that the Thursday morning
service has been moved to 6:30 a.m.
4. The design of the pocket park has been prepared and presented to the City
Council for approval. Working documents reflecting the changes adopted at
the public hearing will follow immediately.
5. The property has been surveyed, and staking is underway for the start of
construction of the block walls at the property lines.
6. The easement document has been prepared and submitted for the mini park.
At the August 1, 1995, neighborhood subcommittee meeting it was related by a
neighbor that a motorhome has been parked in the upper church lot for several
consecutive nights. It was also noted that church members arrived as early as
6:00 a.m. on Thursday July 20, and again on July 27, in numbers larger than the
few who were given permission to be there early to set up. There were 18 and 20
cars counted. The pastor explained the need to change people's behavior takes
some time, and that some members are compulsive about arriving very early.
The Silver Lake/Iglesia ni Cristo Subcommittee has been meeting regularly in an
earnest attempt to work together to build an attractive, function~l mini park,
and to lay the ground work for the review of a new church complex which will be
an asset to the community.
ENVIRONMENTAL REVIEW
The subject report is concerning an existing facility where no material change
has occurred. It is exempt under the provisions of the California Environmental
Quality Act, Class 1, and a Notice of Exemption has been issued.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Powav News Chieftain and mailed to 244 property
owners and residents within 500 feet of the project boundaries.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution continuing
the interim conditions of approval for the operation of Iglesia ni Cristo under
CUP 83-01.
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Attachments: .
A. Proposed Resolution
B. Zoning & Location Map
3 of 8 lUG 2 2 1995 ITEM 5 v
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RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONS OF APPROVAL FOR
IGLESIA NI CRISTO CHURCH, CUP 83-01
ASSESSOR'S PARCEL NUMBER 317-640-52
WHEREAS, the congregation Iglesia ni Cristo obtained a conditional use
permit from the City of Poway in 1983 which contained specific conditions of
approval relating 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 Council as a
result of the receipt of neighborhood complaints regarding the manner in which
the property was being used 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; and
WHEREAS, on August 22, 1995, the City Council held a public hearing and
considered public testimony concerning this project, both pro and con.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The subject action is exempt under the provisions 'of the Cal ifornia
Environmental Quality Act, Class I, an existing facility.
Section 2: Findinas:
l. 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 scale, bulk, coverage and density is consistent with
adjacent uses, in that the existing buildings are single story, low
profil e structures which mi rror 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, in that 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 review on this project which is
tentatively scheduled for October 17, 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.
4 of 8 AUG 2 2 1995 lTEM 5
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Resolution No. P-
Page 2
6. That the site is suitable for the type and intensity of use or
development which is presently established there, in that the
conditions limit the use of the facility in terms of hours of
operation, maintenance practices, and conduct of church activities .
in order to prevent further disruption of residential neighbors'
1 ives.
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
exists 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:
1. 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.
2. 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.
3. 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
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 next required review before the City Council 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.
~ THE NEIGHBORHOOD PARK:
1. Site preparation and any necessary demolition work for the park shall
begin by August 22, 1995.
2. Construction of the park shall begin by September 18, 1995.
~ CHURCH OPERATIONS:
1. Hours of use of the premises shall be limited to between 6:30 a.m. and
10:00 p.m. No one, other than the designated persons who will prepare
the services, shall be permitted to arrive before 6:25 a.m. on Sundays and
not before 6:10 a.m. on Thursdays.
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.)
5 of B
AUG 2 2 1995 ITEM 5
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~olution No. P-
...ge 3
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 line 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.
llL. SITE IMPROVEMENTS:
**l. 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 22, 1995.
**2. Grad i ng shall be accomplished and fixtures installed as required to
correct existing drainage problems over the rear yards of adjoining homes
fronting Silver Lake Drive, which originates on the church's property.
Work shall be started by August 22, 1995.
lL. TRAFFIC AND PARKING:
1. No on-street parking shall be permitted.
2. Church attendees shall park in 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. .
Y.... PROPERTY MAINTENANCE:
GENERAL:
l. Maintain standard size trash dumpsters inside a six-foot high solid wood
enclosure, with painted, solid wood gates.
2. Pedestrian access to Papago Drive shall be closed. . The easement shall be
vacated, and boundary adjusted to both adjoining residential properties.
This shall be accomplished by August 22, 1995.
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 into neighbor's
yards and/or streets.
4. No outdoor storage of materials is permitted.
LANDSCAPING:
The plant materials and lawns shall be maintained in a healthy, thriving
cond it i on free of weeds, trash and debris as provided in the Poway
Municipal Code.
6 of 8 AUG 2 2 1995 ITEM 5
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Resolution No. P-
Page 4
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n.. NEIGHBORHOOD OUTREACH:
The church shall maintain representatives to meet twice per month with a
neighborhood subcommittee of two or more residents to review improvements and
discuss anyon-going problems. .
ill... ON-GOING ASSESSMENT:
Planning Services staff shall report to the City Council concerning progress
toward and achievement of the conditions contained in this resolution on the
fo 11 owi ng dates 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 22nd day of August, 1995.
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
, was duly adopted by the City Council at a meeting of said City Council
held on the day of , 1995, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
-
Marjorie K. Wahlsten, City Clerk
City of Poway
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AUG 2 2 1995 ITEM 5 :"'1
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CITY OF POW A Y ITEM : CUP 83-Q 1 M
@ SCALE, TITLE: ZONING & LeCATION
NCNE ATTACHMENT: B
3 of 8 AUG 2 2 1995
p~ 'ir--/?'/rY'
- - 8:24 PM, August 16, 1995
James Christenson telephone (h): 619.748.1461
-733 Elm Park Lane aol address: chris84597
. . 'Nay, California 92064-4401 internet address: chris84597@aol.com
.
City Clerk Marjorie K. Wahlsten RECE\'JED "
Poway City Council r
Post Office Box 789 AUG 1 81995 {
Poway, CA 92074-0789
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IiY OF PQW{l.V
\ .._~ CLERK'S OFFICI!
Ref: Conditional Use Permit 83-01 by Iglesia ni Cristo
Dear Gty Clerk,
I have written to you before on this issue, but I feel that it is necessary for me to again
express my thoughts. I am writing on three points:
_ (1) I would like to thank the Mayor, the members of the Gty Council, and staff for their
fairness and thoughtfulness in reaching decisions on this that better' the community as a
whole.
(2) At the last city council meeting on this issue, my neighbor, Mrs. Arnold spoke and I
would like to respectfully disagree with her. She stated that we had more to fear from OUT
own neighborhood kids than from the youth at the church. Somehow she failed to
mention that it was not neighborhood kids who shaving-creamed her cars, It was church
youth, Besides this and thrown beer cans and noise and other incidents, we have a great
deal to fear from the church youth, I was speaking recently to a student at Poway High. She
stated that if kids couldn't buy drugs at the High School, they could always get them from
youth selling out of their cars in the church's parking lot. Of course this is unsubstantiated,
but the very fact that such information is being expressed is of great concern.
(3) and most important. In spite of all the community and city council meetings, the
leaders and members of the church still don't understand what this issue is all about: being
a good neighbor. Although they have put much effort into planting shrubs and adding
irrigation, for which they are to be thanked, well watered shrubs do not necessarily make
good neighbors.
(continued...)
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f~ AUG 2 2 1995 ITEM 5 ~J
A couple of Tuesdays ago they were at the church until 2:00 AM, Last Friday they were
there until 1:3D AM. What could they possibly be doing there at those hours? Then on
Saturday morning the first cars and trucks and motorcycles arrived at 5:30 AM, with all of
the usual slamming of car doors and blaring radios. That seemed to have been a
rendevouz spot, as they all left soon thereafter. Then at 6:30 AM, another truck arrived and
started up a power hedge trimmer. After three neighbors complained strongly, they finally
stopped. Then at 7:00 AM several trucks with power saws and hammers and cement,
arrived for some real noise making. We've long since given up hying to sleep in the front
bedrooms facing the church. We all crowd, still, in to the back rooms to get some sleep.
This is not what good neighboring is all about, and it is apparent to me that the church
leaders and members still do not grasp the concept. And until they do, they must not be
allowed to run rampant over the neighborhood as they have for the past decade.
Please, do not allow this church to have a larger structure in which they can have even
more people, with more cars and more noise. The conditional use permit does not
necessarily need to be revoked - churches can, do, and should be a part of the community.
We must continue to work with this church by strengthening and enforcing the
Conditional Use Pemrit process.
Thank you for your considerations in this matter.
Sincerely, ~
;t;;/'(t::-
,~/I- ,
Ja es Christenson
AUG 2 2 1995 ITEM 5 "'-,I