Res P-15-05RESOLUTION NO. P -15 -05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING DEVELOPMENT REVIEW (DR) 14 -005
APN: 275 - 510 -19
WHEREAS, the Applicant has submitted an application to the City proposing the
installation of a 10- foot -high cross on the top of an existing 35- foot -high building located
at 16275 Pomerado Road, within the Rural Residential C (RR -C) zone; and
WHEREAS on February 3, 2015, the City Council held a public meeting to solicit
comments from the public, both for and against, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: This project is Categorically Exempt as a Class 3 Categorical Exemption
from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) of
the 2014 CEQA Guidelines, in that the project involves the installation of a new, small
accessory structure.
Section 2: The findings for DR 14 -005, in accordance with Section 17.52.010 of the
Poway Municipal Code (PMC) Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible and in scale with
surrounding development. Therefore, the project respects and recognizes the
interdependence of land values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development
in that the simplistic design and exterior finish and colors of the cross will blend
visually, and be compatible with the surrounding church buildings and residential
development. Therefore, the proposed development respects the public concerns
for the aesthetics of development, and encourages the orderly and harmonious
appearance of structures and property within the City.
C. The granting of the DR would not be materially detrimental to the public health,
safety or welfare within the community since the proposed project involves only
the installation of an accessory structure on an existing building that is already
served by adequate infrastructure and no new improvements will be necessary.
D. The project has been designed to be consistent with . development in the
surrounding area in that the simplistic design, and exterior finish and colors of the
cross will blend visually and be compatible with the surrounding church buildings
and residential development. Therefore, the proposed development respects the
public concerns for the aesthetics of development.
Resolution No. P -15 -05
Page 2
E. The project will not have an adverse effect on the aesthetics, health and safety,
or an architecturally - related impact upon adjoining properties, in that the
simplistic design, and exterior finish and colors of the cross will blend visually
and be compatible with the surrounding church buildings and residential
development.
F. The design of the proposed development is consistent with all elements of the
Poway General Plan, as well as the project conforms with the applicable
provisions of the Zoning Code.
Section 3: The City Council hereby approves DR 14 -005, subject to the following
conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this DR request shall apply only to the subject project, and 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.
C. Within 30 days of the date of this approval or before submittal of a Building
Permit application, whichever occurs first, the applicant shall submit in writing
that all conditions of approval have been read and understood.
D. The conditions for the project shall remain in effect for the life of the subject
property, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. Prior to construction the applicant shall obtain a Building Permit. Prior to
issuance of a Building Permit the applicant shall comply with the following:
1. The site plan included with the building plan check shall be consistent with
the approved site plans on file in the Development Services Department
and the conditions contained herein.
Resolution No. P -15 -05
Page 3
2. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, Chapter 17.07 PMC, and all other applicable
codes and ordinances in effect at the time of permit issuance.
3. The applicant shall contact the Poway Unified School District (858-
679 -2570) to verify if school impact fees are required. If required, the fees
shall be paid at the rate established at the time of Building Permit
issuance.
4. All architectural details shown on the approved DR plans shall also be
shown on the building plan check submittal. Any major modifications to
the building or site design details on the approved DR plans will require a
DR revision and City Council approval.
5. Exterior building materials and finishes shall reflect the approved
elevations on file with the City and these conditions of approval, and shall
be noted on the building plans to the satisfaction of the Director of
Development Services.
F. Prior to final inspection approval:
1. The site shall be developed and the building elevations shall be
constructed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein.
A final inspection from appropriate City Departments will be required.
Section 4: The approval of Development Review 14 -005 shall expire on February 3,
2017, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
construction on the property has commenced prior to its expiration.
Section 5: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Resolution No. P -15 -05
Page 4
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 3rd day of February 2015.
Steve Vaus, Mayor
ATTEST:
01 0 "-R , CtQ_�'_
Sheila R. Cobian, CIVIC, City Cler
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -15 -05 was duly adopted by
the City Council at a meeting of said City Council held on the 3rd day of February 2015,
and that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cot City Jerk
City of Poway