Res P-92-59RESOLUTION NO. P- 92-59
A OF TH CITY UN IL
OF T E TY F W Y, CAL OR IA
APPROVING CONDIT ON US P M T 88-0 ARIANCE 92-09,
'1
A, D E~ ME EVIEW -
ASSESS 'S AR L BER 317-1 2-47, 66
WHEREAS, Conditional Use Permit 88-05M, Variance 92-09, and Development
Review 92-10, submitted by Glen Lanker, applicant, Grace Trinity Church, owner,
request approval of a conditional use permit modification and a development
review to allow construction of a 5800 square foot building, and the approval of
setback and fence height for the property located at 13617 Midland
Road in the RS-2 zone; and
WHEREAS, on October 27, 1992, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The City Council finds that this project will not have a significant
adverse impact on the t and hereby issues a Negative
Declaration.
Conditional Use Permit 88-05M
That the location, size, design, and operating ch of
the proposed use will be compatible with and will not adversely
affect or be materially detrimental to adjacent uses, residents,
buildings, structures, or natural Grace Trinity Church
has operated successfully for approximately 40 years. The size and
design of the new buildings will be architecturally compatible with
adjacent residential structures.
That the scale, bulk, coverage, and density is consistent with
adjacent uses, in that the has been designed to be
compatible with the scale of surrounding structures.
That there are available public facilities, and utilities
to serve the proposed use, all facilities and services can be
provided for each development phase through the conditions of
approval.
That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the required wood fence and landscaping
along the property line will buffer the project from adjacent
residential structures.
Resolution No. P-92-59
Page 2
That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element in that
the school enrollment will remain stable and that curb and gutter,
and street will be required at the time of church
construction and sidewalk improvements will be required within five
years of approval of the project.
That the site is suitable for the type and intensity of use and
development proposed in that the site is basically flat and is
located in a residential neighborhood that can use its services and
buildings.
That there will not be significant harmful effects upon the
tal quality and natural in that the subject site
is wholly disturbed and contains semi-public uses.
That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
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 development.
The proposed project is consistent with the general plan, in that
the General Plan encourages uses, like churches and private schools
that are supportive to residential uses.
That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties, as noted under the findings in the preceding section.
That the proposed development is in compliance with the Zoning
Ordinance.
That the pro osed development encourages the orderly and h
ap e ance f structures and property within the City because it
co.,p es wit the design guidelines of the General Plan and proposes
a u ding t at is compatible in size and architectural style to the
ex s ng church on the site.
Variance 92-09
That there are special applicable to the property
(size, shape) or the intended use of the roperty, and because of
this, the strict ap lication of the Zonin Ordinance deprives the
property of privile es enjoyed by other pr perties in the vicinity
under identical zon g classification; in t at the lot is "L" shaped
with the existing bu ldings placed in the northeasterly quadrant and
observing a ten foot setback. The L-shaped d' of the lot
Resolution No. P- 92-59
Page 3
re trict site development with respect to providing adequate parking
an development facilities while allowing space for required
se backs. The Zoning Ordinance does not specifically address fence
he ghts for school 1 areas; however, a survey of the area
schools revealed some fences over six feet in height.
That granting t'e variance or its modification is for the
p an enjoyment of a substantial property right ossessed
by other proper y in the same vicinity and zone and deni d to the
property for wh ch the variance is sought; in that the c urch has
operated at this site for almost 40 years and the school for almost
20 years and other churches in the area have been allowed to
construct additions.
That granting the variance or its modifications will not be
materially detrimental to the public health, safety, or welfare, or
to the propert' or in such vicinity and zone
in whic' the property i located; in that the applicants will be
require to install lan caping to accomplish screening of church
school uildings and en ncement of the site for the benefit of
surroun lng residential
The granting of this variance does not constitute a special
privilege ' t with the limitations upon other properties in
the vicinity and zone in which such property is situated; in that
other semi-public uses within a one block area presently enjoy the
same site features as that of the applicants.
The granting of this variance does not allow a use or activity which
is not otherwise expressly authorized by the Zoning Ordinance
governing the parcel of property; in that semi-public uses such as
churches, schools, or day care facilities are permitted under
conditional use permits and can be located and operate in single-
family residential zones.
That granting the variance or its modification will not be
incompatible with the City of Poway General Plan; in that the
General Plan provides for such land uses as private schools and
churches within predominantly residential areas, and view them as
necessary support facilities to the community.
ncil Decision:
The City Council hereby approves Conditional Use Permit 88-05M, Variance
92-09, and Development Review 92-10 subject to the following conditions:
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.
Resolution No. P-92-59
Page 4
The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere with the reasonable use and
of surrounding residential and ' 1 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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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.
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 '
The playground fence height shall not exceed ten feet. If the proposed
playground fence is to be constructed of chain link, the chain link shall
have a black vinyl coating.
o
I the existing playground remains on its present site more than 45 days
a ter this approval, an eight foot high vinyl coated chain link fence
s all be installed along the easterly property line until such time that
t e school playground is relocated to the front of the subject property.
A solid wood fence shall be provided along the northerly and easterly
property lines with a five foot wide raised landscaped area to provide a
dense landscape screen to buffer the use from adjacent residential
properties. This shall be accomplished prior to certificate of occupancy.
All new and existing utility connections and service shall be located
underground.
The property owner shall record a deed covenant agreeing not to oppose an
undergrounding district and to pay a pro rata share of future
undergrounding costs.
11.
12.
13.
14.
Resolution No. P-92-59
Page 5
Disabled access shall be provided throughout the facility, including
platform and baptismal area.
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.
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
D
Prior to the use or occupation of the proposed sanctuary building, all
conditions of approval contained herein shall be completed to the
satisfaction of the Director of Planning Services.
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 '
For this development, t'e applicant shall pay development fees at the
established rate. The ollowing fees, including, but not limited to,
traffic mitigation ($1,0 2.70), water base capacity (for any new meter or
increase in meter size , sewer connection charge ($7,068.00), sewer
cleanout ($50), and sew r inspection ($25} fees shall be paid prior to
issuance of building permits.
15.
Building iden ification and/or addresses shall be placed on all new and
existing buil ings so as to be plainly visible from the street or access
road; color o identification and/or addresses shall contrast with their
background co or.
16.
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
A minimum of 53 parking spaces shall be provided. Two of the required
spaces must be handicap spaces.
All parking lot landscaping shall include a minimum of one 5 gallon size
tree for every three spaces. For parking lot islands, a m nimum 12 inch
wide walk adjacent to parking stalls shall be provided an be separated
from vehicular areas by a six inch high, six inch wide por land concrete
cement curb.
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.
Resolution No. P-92-59
Page 6
All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
5. All parking spaces shall be double striped.
race Trinity Church shall enter into a lease agreement with the owner of
he property locat d a the southeast corner of the int of
nthia Lane and Mi lan Rod to allow the church to utilize the parking
~cilities on APN 17- 22- O. The lease agreement will be considered
during the annual P ann ng epartment staff r view of the use permit f r
the church and school, f, at some poin the lease agreement s
discontinued, the church sha 1 provide all of t e required parking on-si e
within 180 days of the term nation or expirat on of the lease agreemen
LANDSCAPING
A detailed landscape and irrigation plan shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. The landscape plan shall specifically address the
required landscaped areas 1 ng the easterly and northerly property lines
which are adjacent to res ential uses. In addition, the plan should
specifically address prov ing acceptable screening of the relocated
fenced playground and ball eld area.
A Master Plan of the existing on-site trees shall be provided to the City
Landscape Architect. Credit may be given for existing trees to offset the
requirement for new trees.
Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway ordinance and shall be planted at an
average of every 30 feet on interior streets and 20 feet on exterior
streets.
All landscaped areas shall be maintained in a healthy and thrivi g
condition, free from weeds, trash, and debris. The trees shall e
encouraged and allowed to retain a natural form. Pruning should e
d to maintain the health of the trees and to protect the publ c
safety. Unnatural or pruning is not permitted.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
Resolution No. P-92-59
Page 7
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
No grading plan is required for the parking lot paving. However, t'e
minimum structural section shall be 3 inches asph It on 4 inc' Class I
base in parking areas and 3 inch asphalt on 6 nch Class I base n
drives, all on 12 inches of sub-base compacted to 5 percent, f the""
value of native soils is greater than 50, 4 inc es of aspha t may e
placed on ]2 inches of sub-base compacted to 95 percent.
Soils test for "R" values and pavement recommendation must be submitted
to the Eng neering Services Department and approved prior to scheduling
paving. T fee for soils test review ($250) must be paid with first
submittal vr review.
If the pad elevation by greater than two feet in height from
those approved on the site plan, City Council approval will be required.
Non-supervised nor non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations, recommendations, and grading plans.
STREETS AND SIDEWALKS
No mid-block crosswalk shall be installed on Cynthia Lane. Signs shall be
installed to direct pedestrians to cross at the Midland Road intersection.
Street improvement plans for construction of frontage improvements to
Midland Road and Cynthia Lane shall be completed and approved prior to
issuance of building permits.
Street frontage improvements on Midland Road and Cynthia Lane shall be
completed and accepted by the City prior to issuance of a certificate of
occupancy.
o
The app icant shall dedicate 30 feet of public right-of-way on Cynthia
Lane an a sufficient curb return for installation of a handicapped ramo.
A $500 ee shall be paid at first submittal of legal description and 8~"
x 11" p at.
Street striping and signing shall
Director of Engineering Services.
on street improvement plan.
be installed to the satisfaction of the
Identification of signs shall be shown
All street structural sections shall be submitted to and approved by the
Director of Engineering Services. Pavement sections shall conform to the
minimum required by the Poway Municipal Code.
10.
Resolution No. P-92-59
Page 8
treet improvement plans prepared on standard size sheets by a Registered
ivil Engineer shall be submitted for approval by the Director of
ngineering Services. Plan check and inspection expenses shall be paid by
he developer.
All exterior street improvements shall be constructed prior to issuance of
building permits, to the satisfaction of the Director of Engineering
Services.
Street improvements shall include, but are not limited to:
idewalks
riveways
heel chair ramps
urb and gutter
oss gutter
ley gutter
reet paving
ley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the Director of Engineering Services.
Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Engineering Services
Department and appropriate fees paid ($50), in addition to any other
permits required.
11.
Street improvements and maintenance shall be made in accordance with City
Ordinance standards for Urban Streets - Midland Road and Cynthia Lane.
12.
The concrete improveme ts along the Cynthia Lane frontage may be deferred
until October 27, 199 , at the time of the annual Planning Departme t
eview of the use perm t. At that time, the permanent improvements sha 1
e completed to the sa isfaction of the Engineering Services Departmen .
s an interim measure, a four foot wide all weather walking surface sha 1
e constructed along the Cynthia Lane frontage prior to certification of
occupancy.
DRAINAGE AND FLOOD CONTROL
Concentrated flows across driveways and/or sidewalks shall not be
permitted.
UTILITIES
1. All proposed utilities within the project shall be installed underground.
Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
Resolution No. P-92-59
Page 9
The applicant shall pay for a water system analysis, if required for a
fire sprinkler system or new fire hydrant, to determine the proper size
and location for the public water system. The amount shall be paid upon
demand by the City.
Within 30 days after receivin approval.of the condit onal use permit
modification, development revi ', and the appl cant shall a ply
for a Letter f Availability OA) to reserve three ad itional EDU' of
sewerage avai ability an post ith the City, a nonrefun able reserva ion
fee equal to 0% of the appropriate sewerage connection fee in effec at
the time the OA is issued.
Water and se er main li es and appurt nances that will be installed at
locations ot er than w thin public s reets shall have an easement, a
minimum of 0 feet wi e, dedicated o the City of Poway. Multi le
parallel fac lities wil require addi ional easement width for on-s te
facilities, edication shall beoffere in the final map whereas off-s te
lines shall have the easement dedicated by a separate instrument recor ed
prior to final map approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COHPLIANCE
WITH THE FOLLOWING CONDITIONS:
Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
The building shall displ y their numeric addre s in a manner visible from
the access street. Min mum size of the bui ding numbers shall be six
inches on the front faca e of the building, uilding address shall also
be displayed on the roo in a manner satis actory to the Director of
Safety Services.
Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of a cess roadways with all-weather driving
surface of not less than 20 fee of unobstructed width, with adequate
roadway turning radius capable o supporting the imposed loads of fire
apparatus having a minimum of I '6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant to the City
of Poway Municipal Code.
The building will be required to install an approved fire sprinkler
system. The entire system is to be monitored by a central monitoring
company. System post indicator valves with tamper switches, also
monitored, are to be located by the City Fire Marshal prior to
installation.
So
A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required
for the fire sprinkler system Post Indicator Valve.
Resolution No. P-92-59
Page 10
Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of
and ~ at all times until construction is completed.
Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
o
A automatic fire alarm system shall be installed if classrooms are used
for more than four hours per week.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of October lgg2.
ATTEST: _.~_~
Marjorie K , y,
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
Resolution No. P-92-59
Page 11
I, Mar~orie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, und r the penalty of perjury, that the foregoing Resolution, No. ~-92-59
, was ny adopted by the City Council at a meeting of said City Council
held on the ,th day of_October , 1992, and that it was so adopted
by the follo ing vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
jori. ~ City
Isten, Clerk
City or. way