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Res P-95-36RESOLUTION NO. P-95-36 F TH CITY C U' I F T TTY OW CALI O. l APPROV G E IM N IT OF PP V L FOR IG ESI N CR T C CH, C P - 1 AS ESS R' PA E N . ER 31 -6 - 2 WHEREAS, the congregation Iglesia ni Cristo has ob ained a conditional use permit from the City of Poway in 1983 which containe specific conditions of approval relating to the conduct of a church on a res dentially zoned property located at 12730 Elm Park Drive, in the RS-7 zone; an WHEREAS, an annual review was brought before the Poway City Council as a result of the receipt of neighborhood complaints regarding the use of the property by the church; and WHEREAS, the City Council determined that it was necessary to consult with the neighbors ) the need to amend conditions of approval as an alternative to the revocation of Conditional Use Permit 83-01, in order to rectify ongoing problems generated by the church's activities; NOW, THEREFORE, the City Council does hereby resolve as follows: The subject action is exempt from the under the p of the California Environmental Quality Act, Class I, an existing facility. The a proved project is consistent with the general plan in that semi- ublic uses are permitted in residential zones with benefit of a con itional use permit, provided the applicants abide by required condi ions of approval. That the harmony in scale, bulk, coverage and density is consistent with adjacent uses, in the existing buildings are single story, low profile structures which mirror the scale of surrounding construction. That there are available public facilities, services and utilities already in place. That there will not be harmful effect upon desirable eighborhood characteristics, in that interim conditions are conta n d herein, whic' the applicants will either abide by or the con i ional use perm t may be declared null and void at the next sche u ed public hear ng on this project which is tentatively schedule or August 22, 995. That the eneration of traffic will not adversely impact the surf undin streets and/or the City's Circulation Element, in that on-s reet arking will not be permitted by attendees of the church. Park ng wi 1 only be permitted within designated paved parking lots on t e church's property. Resolution No. P-95-36 Page Z e e That the site is suitable for the type an intensity of use or development which is presently there, in that the interim limit the use of the faci ity in terms of hours of operation, maintenance practices, an conduct of church activities in order to prevent further disruption of residential neighbors lives. That there will not be significant harmful effects upon tal quality and natural because the site has been previously disturbed and no significant tal resource exist there. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. The City Council hereby approves the 83-01, subject to the following conditions: of Conditional Use Permit 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 use permit shall be subject to a bi-monthly, then quarterly review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred duri g the past year. If the permit is not in compliance with the cond tions of approval, or the Planning Services Department has received comp atnts, the next required review before the City Council shall cons der modification or revocation of the use permit. COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. CONPLIANCE SHALL BE APPROVED BY THE DEPARTHENT OF PLANNING SERVICES. e e A minor development review for the design of the pocket park shall be submitted to City Planning staff by July 13, 1995, and be presented to the City Council by August 1, 1995. The easement document for the dedication of the park lot shall be submitted to the City in a form acceptable for recordation by August 7, lggs. Site preparation and any necessary demolition work for the park shall begin by August 15, lgg$. 4. Construction of the park shall begin by September g, lggS. Resolution No. P- 95-36 Page 3 II. Hours of use of the premises shall be limited to between 6:30 a.m. and 10:00 p.m. No outside activities including, but not limited to, social events, shall continue after 10:00 p.m. Sunday through Thursday, or 11:00 p.m. on Friday and Saturday. (The parking lots are to be empty at these times.) 3. No outside amplified sound shall be permitted at any time. Noise levels shall not exceed 45 decibels at any time, when measured at the property line adjoining a residential lot. No special outdoor events shall be conducted on the property without an approved temporary use permit from the City of Poway and written consent from all adjoining property owners/ residents. III. ; A six-foot high tan slump block wall shall be installed by the church at the rear property lines of the homes which back up to the church property. Work shall begin by August 18, lggS. Grading shal be accomplished and fixtures installed as required to correct exis lng drainage problems over the rear yards of adjoining homes front ng Silverlake Drive, which originates on the church's property, ork shall be started by August 18, 1995. 11 grading and drainage improvement designs necessary to complete he wall construction, and drainage corrections, shall be submitted or review to the Poway Engineering Services Department by August O, 1995. )V. ) PARKING: 1. No on-street parking shall be permitted . Church attendees shall park in paved parking lots only. Speed humps shall be installed at the exit of each existingh parking lot to control speed when leaving the parking area. GENEEAL: Ins all two standard siz trash dumpsters inside a six-foot high sol d wood enclosure, wi painted, solid wood gates by July 31, 199 . The placement of t e enclosure shall be to the satisfaction of he Planning Services epartment. Pedestrian access to Papago Drive shall be closed. The easement shall be vacated, and deeded to both adjoining residential properties. This shall be accomplished by August 22, 1995. Resolution No. P-95-36 Page 4 After each use of the premises, police the grounds and parking areas for trash. Provide adequate trash and ash cans on the property. Do not throw trash, cigarette butts or any other item into neighbors yards and/or streets. Remove all accumulated junk and debris from the property, specificall that area hich is located on the west side of the upper lot w ich is par ially screened by temporary fencing, as required by he Poway Mun cipal Code, within ten (10) calendar days. No outdoor s orage of ma erials is permitted. LANDSCAPING: The entire lot shall be thoroughly weeded, lawns seeded and fertilized, irrigation restored to all parts of the property, appropriate plant materials added on the slopes, by August 11, lgg5. The plant materials and lawns shall thereafter be maintained in a healthy, thriving conditions free of weeds, trash and debris as provided in the Poway Municipal Code. ontainer trees, a minimum of 24 inch box size, shall be added to he existing upper parking lot, to be distributed at a rate of one ree for every three parking spaces, as provided in CUP 83-01, and the Poway Zoning Ordinance. The trees may be maintained in their o~iginal containers until the appropriate time for permanent installation. This shall be accomplished by August 11, lggS. V), The church shall appoint several representatives to meet twice per month with a neighborhood sub of two or more residents to review improvements and discuss any ongoing problems. VII. Planning Servi es staff shall report to the City Council concernin progress towar and achievement of the conditions contained in thi resolution on e following dates August 22, 1995, October 17, lgg$, an December 12, 19 5; thereafter on a quarterly basis for the following 199 calendar year. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 11th day of July, 1995. ATTEST: Resolution No. P-95-36 Page 5 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-95-36 , was duly adopted by the City Council at a meeting of said City Council he 11th day of Jul , 1995, and that it was so adopted by the following vote: AYES: CAFAGNA, NOES: NONE ABSTAIN: NONE ABSENT: CALLERY, REXFORD, HIGGINSON EMERY K. Wahl City of Poway