Res P-95-19 RESOLUTION NO. P- 95-19
T E 0 P AY,
APPROVING ND TI U E RMIT M DIFICATION,
DEVEL ]EN R W 5- AND 95-03
A ESSOR'S ARCEL MBER 2 .,- -15
WHEREAS, Conditional Use Permit 86-08 Modification, Development Review 95-
05 and Variance 95-03 submitted by the Congregation Chabad of Poway, Applicant,
for the purpose of ) an approxjmately 13,000 square foot synagogue
complex to replace an existing complex ) of portable structures, located
at 16934 Old Espola Road, in the RR-C zone; and
WHEREAS, the application requests a variance from the required front-yard
setback along Espola Road; and
WHEREAS, the City Council has read and considered the staff report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The City Council finds that Conditional Use Permit 86-08M, Development
Review 95-05 and Variance 95-03 will not result in any significant impact
on the t and hereby issues a Negative Declaration with
Mitigation Measures.
ification
The approved project is consistent with the general plan in that
semi-public land uses such as synagogues, private schools and
churches are permitted within Rural Residential properties.
That the location, size, design and o erating characteristics of the
project will be compatible with and ill not adversely affect or be
materially detrimental to adjacen uses, residents, buildings,
structures, or natural in hat the site has been utilized
for the purpose stated above for more than six years and has proven
its compatibility with the neighborhood.
That the harmony in scale, bulk, coverage and density is compatible
with adjacent uses, in that two other churches front Espola Road
directly to the east of the subject property. Each contain
permanent sanctuaries plus a complex of support buildings to serve
their congregations, and at a similar density.
o
That there are available public facilities, services and utilities
for the project.
That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the new upgraded facility will replace a
cluster of temporary, portable buildings.
Resolution No. P-95-19
Page 2
That the of traffic will not adversely impact
streets and/or the City's Circulation Element, in that a
underground parking structure, along with six at-grade spaces wil
be provided to congregants. Parking on one side of Old Espola Roa
will also serve to reduce congestion on that street. For "pea
events" the congregation will share parking with the neighboring
church, St. John of Damascus Orthodox Church.
hat the site is suitable for the type and intensity of the use, in
hat it front a major arterial at Poway's northwest entry. It is
ocated on a corner lot at the intersection of Espola Road and Old
spola Road. The subject site is not suitable for a residence due
o significant traffic noise impacts.
That there will not be s gnificant harmful effects upon
1 quality and natur in that the property is
and has been fully developed wi the subject land use for a period
in excess of six years. It con ains no natural plants or animals,
and has no streams within or ad acent.
That there are no other relevant negative impacts of the development
that cannot be mitigated, in that issues of parking, noise,
lighting, and hours of operation are controlled by the subject
conditional use permit, and are subject to annual review.
iew 95-05
The approved project is consistent with the general plan as stated
above.
That the approved pro ect will not have an adverse aesthetic,
health, safety, or arc itecturally related impact upon adjoining
properties in that the a joining uses to the east, which also front
a major arterial, are c urch complexes.
That the approved project encourages the orderly and h
appearance of structures and property within the City in that it is
similar in size and scope to the adjoining church complexes to the
east.
The approved project is consistent with the general plan as stated
above.
hat there are speci 1 c rcumstances applicable to the property, and
ecause of this, t e s rict application of the Zoning Ordinance
eprives the proper y o privileges enjoyed by other properties in
he vicinity under den ical zoning classification.
The special circumstances are that the property is triangular in
shape, with two road frontages, and in addition is lower in the
center by as much as ten feet from the elevation at the street.
Resolution No. P- 95-19
Page 3
The ranting of the variance or its modification is for
the reservation and enjoyment of a substantial property right
poss ssed by other property in the same vicinity and zoning for
whic the variance is sought.
The variance will allow the applicants to site the building front
parallel to Espola Road and bring the building up to grade on the
Old Espola Road frontage, thereby improving the usability of the
site.
Th ranting of the variance or its modification will not be
ma er ally detrimental to the public health, safety or welfare, nor
in ur ous to the property or imp in such a vicinity and
zo.e n which the property is located, in that the building will be
logically oriented to the both street frontages, presenting a
balanced and well designed appearance.
That the granti g of thi variance does not a special
privilege ' t wit the limitations upon other properties in
the vicinity an zone in hat, the adjoining church properties are
not so physical y burdene as is the subject site, and these sites
as a result are fully developed.
That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by the zoning
dev lopment regulations governing the parcel or property in that,
rel ious complexes are a type of semi-public use which is permitted
to e established in a rural residential area with benefit of a
con itional use permit.
cision:
The City Council hereby approves CUP 86-08M, DR 95-05 and Variance g5-03,
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 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 1 uses.
This conditional u e permit shall be subject to annual review by the
Director of Plann ng Services for compliance with the conditions of
approval and to ad ress concerns t'at may have occurred duri g the past
year. If the permi is not in compl ance with the conditions o approval,
or the Planning Services Department as received complaints, t e required
annual review shall be set for a pu lic hearing before the Ci y Council,
to consider modification or revocat on of the use permit.
Resolution No. P-95-19
Page 4
WITH THE IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SHALL BE
SITE
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
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.
EHICULAR ACCESS
All parking lot landscaping shall include a minimum f one 5 gallon size
tree for every three spaces. For parking lot islan s, a m nimum 12 inch
wide walk adjacent to parking stalls shall be prov ded an be separated
from vehicular areas by a six inch high, six inch w de pot 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.
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 construction in accordance with Safety Services
Department requirements.
SXGNS
Resolution No. P- 95-19
Page 5
All parking spaces shall be double striped.
~ENTS
Complete landscape 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 tees 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 15 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 maintained by the owner.
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
restricted to maintain the health of the trees and to protect the publ c
safety. Unnatural or pruning, including topping, is not
permitted.
Any signs proposed for this project shall be designed and approved in
conformance with the Sign Ordinance.
Provide compliance with the Uniform Building Code for property line
clearances considering use, area, and f' ' Liven,ss of existing
buildings.
Existing building(s) shall be made to comply with current building and
zoning regulations for the intended use or the building shall be removed.
A fence shall be provided which will restrict access between the temporary
location of the synagogue trailer and the construction area.
Resolution No. P- 95-19
Page 6
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVEO BY THE ENGINEERING SERVICES OEPARTNENT.
SHALL BE
GRADING
Se
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 p
A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work and submitted at the time of
application for grading plan check.
The final grading plan, prepared on a standard sheet of mylar, shall be
subject to review and approval by the Planning and Engineering services
E and shall be completed prior to issuance of a grading permit.
4. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
5. A final compaction report shall be submitted and approved prior to
issuance of building permits.
A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to issuance of building permits.
e
Buildings and parking lots shall be at least five feet from tops and toes
of slopes, unless waived by Planning and/or Engineering Services
Departments prior to grading permit
Be
If pad elevation 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 will be required prior to grading permit
10.
Non-supervised or 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.
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th. An erosion control
plan hall be prepared by the project civil engineer and shall be
submit ed as part of the grad!ng plan. The developer shall make
provis ons to insure the proper of all erosion control devices
throug out their intended life.
~LKS
All damaged off-site public works facilities, including parkway trees,
shall be repaired and replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Director of Engineering Services.
2. Prior to any work performed in the public right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Resolution No. p-95-19
Page 7
Services and fees paid, in addition to any permits
required. Said work shall include, but is not limited to, construction of
a driveway approach, sewer lateral installation, water service line
installation, or street construction (including concrete curb, gutter, and
sidewalk).
Intersection drains shall be required at locations specified by the
Director of Engineering Services and in accordance with standard
engineering practices.
A drai age system capable of handling and disposin all surface water
origina lng within the project, and a 1 surface water that may flow onto
the pro ect from adjacent lands, shal be required, aid drainage system
shall i. clude any easements and struc ures as require by the Director of
Engineering Services to properly han le the drainage.
o
Portland cement concrete gutters shall be installed where water crosses
the roadways.
4. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SILRLL BE
APPROVEO BY THE OEPARTMENT OF SAFETY SERVICES.
The buildings shall displ their numeric ddr ss in a manner visible from
the access street. Build ng addresses sha 1 a so be displayed on the roof
in a manner satisfactory o the Director o Sa ety Services. Minimum size
of building numbers is 1 inches on faca e o building.
An additional fire hydrant shall be located at Old Espola Road and Espola
Road {northwest corner).
e
An approved automatic sprinkler system shall be installed throughout the
building, including the underground parking garage.
A wet standpipe shall be required in the underground parking area with
access from the exterior.
The entire sprinkler system shall be monitored
agency. A system post indicator valve with
installed prior to occupancy.
by a central monitoring
tamper switch shall be
In the "Group E" areas (school), the activation of the sprinkler system
and or smoke detectors, shall automatically activate the school fire alarm
system, which shall include an alarm mounted on the exterior of the
building.
e
"Group A" occupancy shall be provided with a manual fire alarm system.
Activation of the manual fire alarm shall immediately initiate an approved
pre-recorded message L.
The building shall meet all the
Code and Uniform Building Code.
Resolution No. P-95-19
Page 8
of the current Uniform Fire
APPROVED and ADOPTED by the City Council of the City of Poway,
California, this 18th day of April, 1995.
ATTEST:
State of
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Narjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
c~e[tif~, under the penalty of perjury, that the foregoing Resolution, No.
~--~b --1 ~
, was duly adopted by the City Council at a meeting of said City Council
on the 18thday of April , 1995, and that it was so adopted
by the following vote:
AYES: CAFAGNA, EMERY, REXFORD, HIGGINSON
NOES: CALLERY
ABSTAIN: NONE
ABSENT: NONE
Y
City of poway
E:\CITY\PLANNING\REPORT\CUP8608M.RSO