Res P-15-22RESOLUTION NO. P -15 -22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT (CUP) 14 -017,
DEVELOPMENT REVIEW (DR) 14 -010,
AND UNDERGROUND WAIVER (UW) 15 -001
APN: 273 - 820 -09
WHEREAS, the Applicant, St. John of Damascus Church, has submitted an
application to the City proposing an approximate 3,000- square -foot addition to the
existing multi - purpose building and a request for a waiver of the requirement to
underground existing overhead utilities on the developed site located at 16903 Espola
Road, within the Rural Residential C (RR -C) zone; and
WHEREAS on June 2, 2015, and August 4, 2015, the City Council held a public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: This project is Categorically Exempt as a Class 1 Categorical Exemption
from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the
CEQA Guidelines, in that the project involves an addition to an existing building.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 14 -017 for an approximate 3,000- square -foot addition
to the existing multi - purpose building are made as follows:
A. The proposed location, size, and design of the addition are in accord with the title
and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the
Poway General Plan, and the development policies and standards of the City, in
that use is allowed with the approval of a CUP.
B. The location, size, and design of the addition will be compatible with, and will not
adversely affect or be materially detrimental to, adjacent uses, buildings, or
structures in that the addition has been designed in compliance with all City
standards.
C. That the harmony in scale, bulk, coverage, and density of the addition is
consistent with adjacent uses in that the project is similar in scale to other
institutional uses adjacent to the site.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the addition. No new utilities are proposed. The waiver of the
requirement to underground existing overhead utilities has been requested
Resolution No. P -15 -22
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pursuant to City Council Resolution 91 -003, as the Applicant is a non - profit use.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the addition has been designed in compliance with all City
standards.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and /or the Circulation Element of the
General Plan in that the addition will not result in a significant amount of
additional vehicle trips.
G. The site is suitable for the type and intensity of the proposed development in that
the addition has been designed in compliance with all City standards and the use
is allowable with approval of a CUP.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the site is fully developed and no natural resources
exist.
There is no relevant negative impact associated with the addition in that it has
been designed to be in compliance with all City standards.
J. The potential impacts, as described in subsections A through I of this Section,
and the conditions under which the addition will be used will not be detrimental to
the public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity, nor be contrary to the adopted General Plan.
Section 3: The findings for DR 14 -010, in accordance with PMC 17.52.010 Purpose
of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible and in scale with
surrounding development. Therefore, the project respects and recognizes the
interdependence of land values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development
in that the simplistic design, and exterior finish and colors will blend visually, and
be compatible with the surrounding church buildings and residential
development. Therefore, the proposed development respects the public concerns
for the aesthetics of development, and encourages the orderly and harmonious
appearance of structures and property within the City.
C. The granting of the DR would not be materially detrimental to the public health,
safety, or welfare within the community since the proposed project involves only
the construction of an addition to an existing building that is already served by
adequate infrastructure.
D. The project has been designed to be consistent with development in the
surrounding area in that the simplistic design, and exterior finish and colors will
Resolution No. P -15 -22
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blend visually and be compatible with the surrounding church buildings and
residential development. Therefore, the proposed development respects the
public concerns for the aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health, and safety,
or an architecturally - related impact upon adjoining properties, in that the
simplistic design, and exterior finish and colors will blend visually and be
compatible with the surrounding church buildings and residential development.
F. The design of the proposed development is consistent with all elements of the
Poway General Plan, as well as the project conforms with the applicable
provisions of the Zoning Code.
Section 4: The City Council hereby approves UW 15 -001 and waives the requirement
for undergrounding of existing overhead utilities on the property, pursuant to City
Council Resolution 91 -003.
Section 5: The City Council hereby approves CUP 14 -017 and DR 14 -010 subject to
the following conditions:
A. The Applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, Applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and Applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the Applicant shall not be required to pay or perform any
settlement unless such settlement is approved by Applicant.
B. Approval of this DR request shall apply only to the subject project, and 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 issuance.
C. Within 30 days of the date of this approval or before submittal of a Building
Permit application, whichever occurs first, the applicant shall submit in writing
that all conditions of approval have been read and understood.
D. City Council Resolutions P -90 -64 and P -93 -18 shall remain in effect for the life of
the subject property, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
Resolution No. P -15 -22
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Conditions from prior entitlement approvals shall remain in full force and effect
unless otherwise superseded by provisions in this Resolution.
E. Prior to construction the applicant shall obtain a Building Permit. Prior to
issuance of a Building Permit the applicant shall comply with the following:
(Planning)
1. The site plan included with the building plan check shall be consistent with
the approved site plans on file in the Development Services Department
and the conditions contained herein.
2. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, Chapter 17.07 PMC, and all other applicable
codes and ordinances in effect at the time of permit issuance.
3. The applicant shall contact the Poway Unified School District (858 -679-
2570) to verify if school impact fees are required. If required, the fees
shall be paid at the rate established at Building Permit issuance.
4. All architectural details shown on the approved DR plans shall also be
shown on the building plan check submittal. Any major modifications to
the building or site design details on the approved DR plans will require a
DR revision and City Council approval.
5. Exterior building materials and finishes shall reflect the approved
elevations on file with the City and these conditions of approval, and shall
be noted on the building plans to the satisfaction of the Director of
Development Services.
(Engineering)
6. All spoil materials from footings and foundations shall be legally disposed
of off -site unless a Grading Permit for placement of the materials is
obtained from the Department of Development Services — Engineering
Division prior to placement or the applicant has received verification from
the Department in writing that no permit is required.
7. Provide certification from a California licensed civil engineer or licensed
architect certifying that a Grading Permit will not be required pursuant to
Chapter 16.48 PMC. The letter shall be in a form acceptable to the City of
Poway, signed and sealed in accordance with the Business and
Professions Code, and include the calculations used to make the
determination.
8. The Applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan and be appropriately sized for the proposed level
of development.
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9. A minimum cash security for erosion control of $2,000 is required.
10. The Applicant shall attend a pre- construction meeting at the Department
of Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer. The
applicant's action plan that identifies measures to be implemented during
construction to address erosion, sediment, and pollution control will be
discussed. Compliance for sediment control shall be provided as directed
by the project inspector.
11. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
control devices throughout their intended life.
12. The Applicant shall pay the storm water pollution inspection fee according
to the latest adopted Master Fee Schedule. The current fee amount is
$1,318.
13. The Applicant shall pay all applicable development impact fees in effect at
the time of permit issuance. Listed below is an estimate of the current
applicable fees and amounts:
a. Sewer (2.5 EDU) $5,890
b. Traffic Mitigation Fee $4,158
C. Fire Protection Impact Fee $122.03
14. Improvement plans prepared on a City of Poway standard sheet at a scale
of 1" = 20', unless otherwise approved by the City project engineer, in
accordance with the submittal and content requirements listed in the PMC
shall be submitted for the installation of concrete sidewalk, curb and gutter
on Espola Road where it does not currently exist along the project site
street frontage. Submittal of plans shall be made to the Engineering
Division for review and approval. The improvement design shall be 100%
complete at the time of submittal and ready for approval.
15. The Public Improvement plan for the sidewalk shall be approved. The
applicant shall enter into a Standard Agreement for Public Improvements
for the work to be done as part of the Public Improvement plan. The
applicant will be responsible for posting securities for public improvements
in accordance with the Chapter 16.20 PMC.
16. Prior to the start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division. All
appropriate fees shall be paid prior to permit issuance.
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17. The property owner shall sign and record a deed covenant not to oppose
and contribute to the future undergrounding of existing overhead utilities
prior to permit issuance.
F. The following shall be complied with to the satisfaction of the Director of Safety
Services:
1. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
contact the Division of Fire Prevention at 858 - 668 -4470 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. Roof covering shall be fire retardant as per PMC 15.04.050, and City of
Poway Ordinance No. 64 and its amended Ordinance No. 526.
3. The building shall be accessible to Fire Department apparatus by way of
access roadways with an all- weather driving surface of not less than 20
feet of unobstructed width, with adequate roadway turning radius capable
of supporting the imposed loads of fire apparatus, having a minimum of
13'6" of vertical clearance. This 20 foot access width is the minimum
required for Fire Department emergency access. In most cases, City
Engineering standards will be more restricting. The more restrictive
standard shall apply. The Fire Chief, pursuant to the PMC, shall approve
the road surface type.
4. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
5. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
G. Prior to final inspection and Certificate of Occupancy:
1. The site shall be developed and the building elevations shall be
constructed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein.
A final inspection from appropriate City departments will be required.
(Engineering)
2. The drainage facilities, driveway, and all utility services shall be installed,
and completed by the property owner, and inspected and approved by the
Engineering Inspector. All new utility services shall be placed
underground.
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3. An adequate drainage system shall be provided around the new building
pad capable of handling and disposing all surface water to the satisfaction
of the Engineering Inspector.
4. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from
this project.
5. After completion of all work, record drawings, signed by the engineer of
work, shall be submitted to Development Services for review prior to a
request of occupancy, per PMC 16.52.1306. Approval of record drawings
is required prior to issuance of occupancy and release of securities. Initial
submittal of record drawings at least three weeks prior to a request for
occupancy is recommended.
H. The following performance standards shall apply to the project:
During Construction:
1. No construction vehicle traffic shall be allowed on the residential streets
north of the project driveway on Chabad Way.
2. Parking of construction vehicles shall be limited to the easterly parking lot.
3. In addition to observance of the construction activity limitations contained in
PMC 8.08.100, no construction activity associated with the project
authorized under this approval shall occur on Saturdays.
4. The site shall be maintained in a clean, litter -free condition on a daily basis.
Dust control mitigation measures, which shall be specified in the projects
construction plans, shall be implemented.
Ongoing:
5. The use of the Church and multi - purpose buildings shall be limited to
religious activities, along with related accessory uses.
6. The activities of the Church shall not occur in such a manner as to create
adverse impacts on the circulation and parking on surrounding public
streets. The assembly areas of the Church sanctuary and the multi-
purpose building shall not be used for assembly purposes at the same
time.
7. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with noise standards
contained in Chapter 8.08 PMC. At no time shall equipment noise from
any source or any loudspeaker sound amplification system exceed the
noise standards contained in the Poway Municipal Code.
Resolution No. P -15 -22
Page 8
8. All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
properties. Any modification to the location of existing or addition of new
parking lot lights shall require the approval of the Director of Development
Services.
9. The parking areas and driveway shall be well maintained.
10. All landscaping on -site and within the adjacent public right -of -way shall be
adequately irrigated and permanently and fully maintained by the owner at
all times in accordance with the requirements of the City of Poway Guide to
Landscape Requirements. The trees shall be encouraged and allowed to
retain a natural form. Pruning should be restricted to maintain the health of
the trees and to protect the public safety. Trees should be trimmed or
pruned as needed to develop strong and healthy trunk and branch
systems. Tree maintenance and pruning shall be in accordance with the
"American National Standard for Tree Care Operations" latest edition
(ANSI A300). Trees shall not be topped and pruning shall not remove
more than 25% of the trees' leaf surface.
11. The owner or operator of the facilities shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this Permit.
12. Any signs proposed for this development shall be designed and approved
in conformance with the Poway Municipal Code and require the approval of
a separate Sign Permit.
13. Temporary uses pursuant to Chapter 17.26 PMC, including, but not limited
to, carnivals, outdoor arts and crafts shows, and entertainment attractions,
shall require City approval of a Temporary Use Permit (TUP). A TUP
application should be submitted at least three weeks prior to the event.
Section 6: This approval shall expire on August 4, 2017, at 5:00 p.m. unless, prior to
that time, a Building Permit has been issued and construction on the property has
commenced prior to its expiration.
Section 7: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Resolution No. P -15 -22
Page 9
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 4th day of August 2015.
Steve Vaus, Mayor
ATTEST:
r
Shell . Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -15 -22 was duly adopted by
the City Council at a meeting of said City Council held on the 4th day of August 2015,
and that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
a 0 A --0 "'�
r
Sheila R. obian, CMC, City Clerk
City of Poway