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