Res P-94-03RESOLUTION NO. P- 94-03
A RE OLU ON OF TH CIT' OU IL
OF T E C Y F POW Y, C L FO IA
APPROVING M FIC TO M ~OR S P MIT P60-11]
DE MENT VIE 3-
ASSE R'S CEL N ,~ER 3-1 0-06
WHEREAS, Modification to Major Use Permit P-60-111 and Development Review
93-04 submitted by Mt. Olive Lutheran Church, applicant, requests approval to
construct a new church sanctuary/administration building and new preschool
building on the existing church property at 14280 Poway Road; and
WHEREAS, on January 11, 1994, the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con, relative
to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Sec :
The City Council finds that this project will not have a significant
adverse impact on the t and hereby issues a Negative Declaration
with mitigation measures as contained in the conditions of approval.
The propos d project is t with the general plan because the
plan permi s the establishment of semi-public uses such as churches
and schoo s in residential neighborhoods with benefit of a
conditiona use permit.
That the location, size, design and operating characteristics of the
proposed use will be compatible with and will not adversely affect
or be materially detrimental to adjacent uses, residents, buildings,
st or natural in that the church and preschool
have-operated successfully during the past years. The size and
design of the proposed buildings are architecturally enhanced and
will be compatible with the neighborhood.
o
That the scale, bulk, coverage and density is t with
adjacent uses, in that all development standards of the Zoning
Ordinance are met. The project will meet the applicable property
development standards for off-street parking, setbacks, lot coverage
and building height, including the maximum height for towers/spires.
That there are available public facilities, services and utilities
to serve the proposed use as all facilities and services can be
provided for through the conditions of approval.
Resolution No. P-94-03
Page 2
That there will not be a harmful effect upon desirable neighborhood
characteristics because the church provides services to the
immediate neighborhood, including making meeting space available to
groups and by the church buildings and
grounds.
That the generation of traffi will not adversel impact the
surrounding streets and/or the ,ity's Circulation E1 ment in that
the parking lot will be expande so that ample off-s reet parking
will be provided entirely with n the church proper y. Traffic
mitigation fees will also be paid.
That the site is suitable for the t pe and intensity of use and
development proposed in that the site as been developed as a church
complex for approximately 30 years. I is found to be complementary
to the residential neighborhood tha can use its services and
buildings.
That there will not be significant harmful effects upon
1 quality and natural because the site
contains no native plants or animals and is surrounded by developed
properties.
That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
10.
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 use as well as present development.
The City Council hereby approves Modification to Major Use Permit P-60-111
and Development Review 93-04 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.
The modification to 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 duri the past
year. If the permit is not in compliance with the conditions o approval,
or the Planning Services Department has received complaints, t e required
annual review shall be set for a public hearing before the Ci y Council,
to consider modification or revocation of the use permit.
Resolution No. P-
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
'MENT
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 '
An opening shall be provided in the fence located at the west property
line so as to provide pedestrian access to the church facilities.
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
Department.
Prior to any use of the project site or business activity being commenced
thereof, 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 '
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.
10.
Fencing, landscaping and motorcycle parking shall be modified to provide
additional protection for adjacent properties under direction of the
Planning Services Department.
PARKING AND VEHICULAR ACCESS
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 a be separated
from vehicular areas by a six inch high, six inch wide po land concrete
cement curb.
LAND~
o
SIGNS
Resolution No. P-94-03
Page 4
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.
All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 25 feet wide emergency access shall be provided, maintained free and
clear at all times during in accordance with Safety Services
All parking spaces shall be double striped.
lENTS
Complete landscape construction documents shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition).
A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
Existi g on-site trees shall be retained wherever possible and shall be
mainta ned in a horticulturally acceptable manner. Dead, decaying, or
otent ally dangerous trees shall be approv d for removal at the
iscre ion of the Planning Services Department uring the review of the
aster Plan of existing on-site trees. Living rees which are approved
or removal shall be replaced on a tree-for-tree asis as required by the
lanning Services Department.
Street trees, a minimum of ]5 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Requirements and
shall be planted at an average of 30 feet on center spacing along all
streets.
Landscaped areas within the adjacent public right-of-way shall be
permanently and fully d by the owner.
All landscaped areas shall be maintained in a healthy and thrivi g
condition, free - om weeds, trash, and debris. The trees shall e
encouraged and a owed to retain a natural form. Pruning should e
restricted to mai ain the health of the trees and to protect the publ c
safety. Unnatura or pruning, including topping, is not
permitted.
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
No. P- 94-03
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTNENT OF ENGINEERING SERVICES.
For a l, residential or semi-public development, the a plicant
shall pay development fees at the established rate. The followi g fees,
including but not limited to, traffic mitigation, drainage, wa er base
capacity, and sewer line charge fees shall be paid prior to uilding
permit '
Permit and plan check fees shall be paid upon submittal of improvement
and/or grading plan, as applicable.
Sewer street light energy charges, fire protection fees, (and
Park fees for residential projects), shall be paid in full prior to
building permit '
All other fees, including but not limited
remaining sewer sewer clean out,
shall be paid prior to building permit '
to, water service fees,
and sewer inspection fees
GRADING
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work.
A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
The final grading plan shall be subject to review and approval by the
Planning and Engineering Services Departments and shall be completed prior
to issuance of building permit.
The final grading plan, prepared on a standard size sheet of mylar, shall
be subject to review and approval by the Planning and Engineering Services
Departments and shall be completed prior to issuance of a grading permit.
A pre-blast survey of surrounding property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. Seismic
Recordings shall be taken for all blasting and blasting shall occur only
at locations and levels approved by the City Engineer.
7. A final compaction report shall be submitted and approved prior to
issuance of building permits.
Resolution No. p-94-03
Page 6
A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to issuance of building permits.
If pad elevations increase by greater than two feet in height from those
approved on the schematic grading plan used as a basis of approving the
project, City Council approval of the change will be required prior to
grading permit '
10.
Non-supervised nor non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
11.
Ero ion control, including, ut not limit d to desiltation basins, shall
be nstalled from October I th to April 5th. An erosion control plan
sha 1 be prepared by the pro ect civil eng neer and shall be submitted as
par of the grading plan. T,e developer s all make p to insure
the proper maintenance of a 1 erosion control devices throughout their
intended life.
STREETS AND
Poway Road, a Circulation Element Road, shall be dedicated and improved to
Circulation Element road standards and to the specifications of the
Director of Engineering Services.
Reci rocal access and maintenance agreements shall be provided insuring
acce s to all parcels over private roads, drives or parking areas and
main enance thereof to the satisfaction of the Director of Engineering
Serv ces.
o
All street structural sections shall be submitted to and approved by the
Director of Engineering Services.
Improvemen
on standar
submitted
check and
plans for streets and any other public utility lines, prepared
size sheets of mylar by a Registered Civil Engineer, shall be
or approval by the Director of Engineering Services. Plan
nspection expenses shall be paid by the developer.
A Standard Agreement for the Construction of Public Improvements shall be
executed by the developer prior to building permit ' Appropriate
securities shall also be posted with the submittal of the Standard
Agreement to the Engineering Services Department.
ll street and public improvements, as noted in the Standard Agreement for
onstruction of Public Improvements, shall be ~ within the time
imit imposed in said agreement, to the satisfaction of the Director of
ngineering Services.
Resolution No. P-94-03
Page 7
7. Street improvements that include, but are not limited to:
x idewalks x C oss gutter
x riveways __ A ley gutter
x heel chair ramps x S reet paving
x urb and gutter __A ley paving
x triping and signing __ Bus shelter/turnout
x treet lights
All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to of bonds and
improvements, to the satisfaction of the Department of Engineering
Services.
11.
The developer shall acquire an encroachment permit for any private
improvements placed within the public right-of-way.
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, in addition to any other permits
required.
rivate street improvement plans shall be processed as a grading plan.
aid plan shall be prepared on standard sheets of mylar by a Registered
ivil eng neer and shall be submitted for approval by the City Engineer.
lan che and inspection fees shall be paid by the developer. The
grading an shall be approved and securities pos ed prior to building
permit ' The securities shall be posted wit a standard greement
which requires the developer to the facil ties within wo years
of execution of the agreement or prior to buil lng permit
whichever comes first. The security for performance shall be 10,~ of the
cost estimate approved by the City Engineer. The requirement ur a 50%
payment and 10% warranty securities is waived due to the fact that this is
not a public improvement.
DRAINAGE AND FLOOD C
Intersection drains will be required at locations specified by the
Director of Engineering Services and in accordance with standard
engineering p
A drainage system capable of handling and disposing of all surface water
originating within the property, and all surface waters that may flow onto
the property from adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
3. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
Resolution No. P-94-03
Page 8
Concentrated flows across driveways and/or sidewalks shall not be
permitted.
UTILITIES
All proposed electrical/ /CATV utilities within the project
shall be installed underground, including existing on-site utilities.
Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
o
The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
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.
The applicant shall pay for a water system analysis to establish the
proper size and location for the public water system. The amount will be
determined by the cost of the analysis and shall be paid prior to
submittal of improvement plans.
Within 30 days after receiving approv 1 of the project the applicant shall
apply for a Letter of Availability (L.A) to reserve sewerage availability
and post with the City, a nonrefunda le fee equal to 20% of
the appropriate sewerage connection ee in effect at the time the LOA is
issued.
The existing septic disposal system shall be abandoned in compliance wit
the req of the Health Department and the Uniform Plumbing Code.
Developer shall construct one street light along the project's frontage
conforming to City of Poway standards at no cost to the public, subject to
the following:
ao
Cut-off 1 shall be installed which will provide true 90
degree cutoff and prevent projection of light above the horizontal
from the lowest point of the lamp or light emitting refractor or
device.
The light fixture shall use a clear, low pressure sodium vapor light
source.
Advance energy charges and District engineering charges shall be
paid by the developer.
Annexation to the lighting district shall be accomplished and
evidence of annexation shall be accomplished at the time of final
inspection or Certificate of Occupancy, whichever occurs later.
Resolution No. P- 94-03
Page 9
Cable television services shall be provided and installed underground.
The developer shall notify the cable company when trenching for utilities
is to be accomplished.
10.
Existing telephone, gas, electric, and all other public utilities and
appurtenances shall be shown on the grading/private improvement plans.
11.
All on-site private sewer mains shall be ~ to standards for
public sewers and shown on the grading/private improvement plans.
12.
ater and sewer main lines and purtenances that will be installe at
oc ti s other than public stree s shall be an a minimum o 20
ee w e for each line, dedicate to the City of Poway. Multiple para lel
ac li es will require additiona easement width for on-site facilit es.
ed ca on shall be offered on he final/parcel map or by a separate
documen recorded prior to building permit
13.
All public utility lines (i.e., water sewer, water, drainage) not located
within public streets shall have an improved access over and along the
respective easement, the surfacing and width of which shall be acceptable
to the City Engineer.
14.
Sewer and water fees will be calculated based on water fixtures within
each building and estimated occupancy loads.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Roof covering shall meet Class B fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
The buildings shall display their numeric addr ss in a manner visible from
the access street. Building addresses shall a so be displayed on the roof
in a manner satisfactory to the Director of Sa ety Services. Minimum size
of building numbers is 6 inches on facade of uilding.
An approved fire sprinkler system shall be installed in all buildings.
The entire system is to be monitored by a central monitoring agency. A
system post indicator valve with tamper switch, also monitored, is to be
located by the City Fire Marshal prior to installation.
4. Install an approved Fire Alarm System.
A Knox Security lock system shall be installed on buildings and security
gates.
6. The addition of three (3) on-site fire hydrants is required. The location
of the hydrants shall be determined by the City Fire Marshal.
Resolution No. P- 94-03
Page 10
Prior to delivery of combustible building material on site, water and
sewer systems shall sati factorily pass all r quir d tests and be
connected to the public wa er and sewer systems, n a dition, the first
lift of asphalt paving sha 1 be in place to provi e a equate, permanent
access for emergency vehic es. The final lift o asp alt shall not be
installed until all other construction activity as been substantially
completed to the satisfaction of the City.
Fire lane signs and curb markings shall be installed prior to building
occupancy.
APPLICANT SHALL CONTACT THE DEPARTNENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A looped water main shall be installed along the southerly driveway
connecting existing eight (6) inch mains in Olive Tree Lane and Poway
Road.
The City sewer line located in Poway Road shall be extended north in order
to provide an acceptable connection to the new private sewer lateral from
the church property.
A twelve-foot wide gated access shall be provided to the City, at the
north end of the westerly fence line adjacent to Olive Tree Lane, in order
to provide adequate water line
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 11th day of January, 1994.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
Resolution No. P- 94-03
Page 11
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
ertify, under the penalty of perjury, that the foregoing Resolution, No.
-94-03 , was duly adopted by the City Council at ameeting of said City Council
le 11th day of January , 1994, and that it was so adopted
the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
City o~way