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
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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.
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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
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) ss.
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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