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Res P-95-47RESOLUTION NO. P- 95-47 RE L T N F CI Y CI T ~ - - v APP OV 0 I -r P ~ . R IG ES N T H RC , 3- 1 AS ES R' E U.BE 3 -6 O- 2 WHEREAS, the congregation Iglesia ni Cristo obtained a conditional use permit from the City of Poway in 1983 which contained specific conditions of approval relating to the conduct of a church on a residentially zoned property located at 12730 Elm Park Drive, in the RS-7 zone; and WHEREAS, an annual review was brought before the Poway City Council as a result of the receipt of neighborhood complaints regarding the manner in which the property was being used 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 of Conditional Use Permit 83-01, in order to rectify ongoing problems generated by the church's activities; and WHEREAS, on August 22, 1995, the City Council held a public hearing and considered public testimony ) this project, both pro and con. NOW, THEREFORE, the City Council does hereby resolve as follows: The subject action is exempt under the p of the California E Lal Quality Act, Class 1, an existing facility. The a roved project is consistent with the general plan in that semi-,blic uses are permitted in residential zones with benefit of a con tional use permit, provided the applicants abide by required condi ons of approval. That the scale, bulk, coverage and density is consistent with adjacent uses, in that the existing buildings are single story, low profile structures which mirror the scale of surrounding construction. e That there are available public facilities, services and utilities already in place. e That there will ot be harmful effect upon desirable neighborho d cha acteristics, n that conditions are contained herein, which t e app icants will ether abide by or the conditional use permit may e dec ared null an void at the next review on this project which s ten atively sche uled for October 17, 1995. Se That the eneration of traffic will not adversely impact the surf undin streets and/or the City's Circulation Element, in that on-s feet 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- 95-47 Page 2 That the site is suitable for the type and intensity of use or which is presently established t-ere, in that the condi ions limit the use of the facility in erms of hours of opera ion, maintenance practices, and conduct o church activities in or er to prevent further disruption of resi ential neighbors' lives. That there will not be significant harmful effects upon environmental quality and natural because the site has been previously disturbed and no significant ia1 resource exists there. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. The City Council hereby approves the extension of Conditional Use Permit 83-0], 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 commercial uses. This c nditional use permit shall be subject to a bi-monthly, then quarter y review by the Director of Planning Services for compliance with the con itions of approval and to address concern that may have occurred duri g he past year. If the permit is not n compliance with the cond tions of approval, or the Planning Services epartment has received comp aints, the next required review before t e City Council shall cons der modification or revocation of the use permit. COMPLIANCE WITH THE FOLLOWIN8 CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTNENT OF PLANNING SERVICES. COMPLIANCE SHALL BE J~ Park site preparation and any necessary demolition work for the park and its construction shall not begin until further action is taken by the City Council. II. Hours of use of the premises shall be lipited to between 6:30 a.m. and 10:00 p.~. No one, other than the designated persons who will prepare the shall be permitted to arrive before 6:25 a.m. on Sundays and not before 6:10 a.m. on Thursdays. 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. Resolution No. P-95-47 Page 3 **1. **2. 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 22, 1995. Grading s all be accomplished and fi tures installed as required to correct ex sting drainage problems over he rear yards of adjoining homes fronting ilver Lake Drive, which orig nates on the church's property. Work shal be started by August 22, 199 . IV, : 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 existing parking lot to control speed when leaving the parking area. V. : GENEILRL: Maintain standard size trash dumpsters inside a six-foot high solid wood enclosure, with painted, solid wood gates. Pedestrian access to Papago Drive shall be closed. The easement shall be vacated, and boundary adjusted to both adjoining residential properties. This shall be accomplished by August 22, 1995. After each use of the premises, police the grounds and parking areas for trash. Provide adequate trash containers and ash cans on the property. Do not throw trash, cigarette butts or any other item into neighbor's yards and/or streets. No outdoor storage of materials is permitted. LANDSCAPING: The plant materials and lawns shall be maintained in a healthy, thriving condition free of weeds, trash and debris as provided in the Poway Municipal Code. Resolution No. P- 95-47 Page 4 V), The church shall maintain rep to' meet twice per month with a neighborhood subcommittee of two or more residents to review improvements and discuss any on-going problems. VII. Planning Services staff shall report to the City Council ) progress toward and achievement of the conditions contained in this resolution on the following dates October 17, lggS, and December 12, 1995; thereafter on a quarterly basis for the following 1996 calendar year. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 22nd day of August, 1995. Bob Emery, Councilmember Presiding Officer ATTEST: 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-95-47 , was duly adopted by the City Council at a meeting of said City Council he 22 day of Au , 1995, and that it was so adopted by the follow~-i-6-~-vote: AYES: CAFAGNA, EMERY, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CALLERY, HIGGINSON _. ;j o(r i..~.K. ~ahlst City D~_?way