Res P-95-32RESOLUTION NO. P- 95-32
A F TH CITY OUNCIL
OF T ITY 0 POW v, CAL FORNIA
APPROVING VARI ~ 95-0 AND .rVELOP.ENT REVIEW 95-05
ASSE 'S PA CEL MBER 73-820-15
WHEREAS, Variance 95-03 and Development Review 95-05, submitted by the
Congregation Chabad of Poway, Applicant, for the purpose of constructing a
religious complex to include a synagogue seating a maximum of 150 persons, as
well as classrooms, office and social hall, located at 16934 Old Espola Road, in
the RR-C zone; and
WHEREAS, the applicants request 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 Variance 95-03 and Development Review 95-05
will not result in any significant impact on the t and hereby
issues a Negative Declaration with Mitigation Measures.
Variance 95-03
The ap roved project is consistent with the general plan in that a
ynago ue and school re semi-public uses which are permitted with
enefi of a condit onal use permit in all residential zones.
ondit onal Use Permi 86-08 Modification was approved by the City
ounci on May 9, 199 .
That there are speci 1 applicable to the property, and
because of this, t e s rict application of the Zoning Ordinance
deprives the proper y o privileges enjoyed by other properties in
the vicinity under den ical zoning classification.
The special are that the property is triangular in
sha e, with two road fron ages, and with a 50-foot minimum building
set ack along the thir side. The site slopes downward in a
wes erly direction so t at the present complex of small modular
bui dings are sited approximately 10-12 feet below street level
along Espola Road.
The granting of the variance or its modification is necessary for
the preservation and enjoyment of a substantial property right
possessed by other property in the same vicinity and zoning for
which the variance is sought.
Resolution No. P-95-32
Page 2
The variance will allow the complex to be sited with the building's
south elevation parallel to Es ola Road and bring the building to
grade with Old Espola Road, wh re the main entry is located. Other
neighboring churches are locate on elevated sites overlooking both
the Chabad property, but also he surrounding neighborhood.
Th ranting of the variance or its modification will not be
ma er ally detrimental to the public health, safety or welfar , nor
in ur ous to the property or improvements in such a vicini y and
zo.e n which the property is located, in that the building w ll be
logically oriented to both street frontages, p aba anced
and well designed appearance.
That the granting of this vari
privilege inconsistent with the
the vicinity and zone in that, t
not so physically burdened as is
fully developed.
e does not constitute a special
upon other properties in
adjoining church properties are
he subject site although they are
That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by the zoning
development regulations governing the parcel or property in that,
religious complexes are a type of semi-public use which is permitted
under a conditional use permit.
The approved project is consistent with the general plan as stated
above.
That the approved roje t will not have an adverse aesthetic,
health, safety, or rchi ecturally related impact upon adjoining
properties in that t e ma n sanctuary building has been lowered to
27 feet in height, w ich s approximately 5-6 feet below the grade
of Espola Road.
That the approved project encourages the orderly and h
appearance of structures and properties within the City in that it
is similar in size and scope to adjoining church complexes within
the same block of Espola Road.
Section
The City Council hereby approves VARIANCE 95-03 and DEVELOPMENT REVIEW 95-
0~5 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-95-32
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
o
10.
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 developer shall modify the grade of the driveway entering the complex
so as to comply with a regional standard design and intersect Old Espola
Road at a 90 degree angle.
Drainage shall comply with City of Poway Drainage Ordinance
and shall in particular address a possible need for redesign and
reinstallation of the drainage inlet located directly north of the subject
property.
Congregants and guests of the Chabad shall not park within the adjoining
private streets, namely; the private extension of Old Espola Road located
north of the project boundaries, Coyote Court, and Rock Road.
Congregants and parents of school children shall use the Chabad parking
lot, and shall not park along Old Espola Road unless there is no room
remaining in the parking lot.
The height of the solid fence alon the westerly property boundary shall
be raised to eight feet. A dense 1 ndscape screen comprised of evergreen
trees and shrubs shall be installe within the planter strip between the
parking lot and the west property ine.
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 app 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.
Resolution No. P-95-32
Page 4
11.
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 '
12.
For each new residential dwelling, ' 1 or industrial unit(s), the
applicant shall pay Permit, Plan Check and Inspection Fees, and School
Fees at the established rate (in accordance with City-adopted policy
and/or ordinance).
13.
Building iden ification and/or addresses shall be placed on all new and
existing bull 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.
14.
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
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 am be separated
from vehicular areas by a six inch high, six inch w de po 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 24 feet wide. A minimum
of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during in accordance with Safety Services
Department req
4. All parking spaces shall be double striped.
LANDSCAPING
All conditions contained within Resolution No. P-95-25 approving
Conditional Use Permit 86-08 Modification shall remain in full force and
effect.
SIGNS
__ Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
Resolution No. P-95-32
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
A drain ge study of both the existing and proposed drainage system shall
be subm tted to the Engineering Services Department as part of the grading
plan s mittal. Any increase in runoff from the project to Old Espola
Road w 1 require the redesign of the drainage system in Old Espola Road
and construction of the imp to adequately handle the
increase in runoff.
The driveway shall intersect Old Espola Road at 90 degrees and shall meet
the design requirements of Section 17.08.180 of the Poway Municipal Code
and the applicable regional standard drawings.
3. All private imp
way.
shall be constructed outside the public right-of-
All conditions contained within Resolution No. P-95-25
Conditional Use Permit 86-08 Modification shall remain in full
effect.
approving
force and
C0MPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
COMPLIANCE SHALL BE
All conditions contained within Resolution No. P-95-25
Conditional Use Permit 86-08 Modification shall remain in full
effect.
approving
force and
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of June, 1995.
ATTEST:
gg~hson, M~._~
~r ie 'K~. Wah) st~ y
Resolution No. P-95-32
Page 6
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
ertify, under the penalty of perjury, that the foregoing Resolution, No.
-95-32 , was duly adopted by the City Council at a meeting of said City Council
he 13th day of June , 1995, and that it was so adopted
the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City o6, POway