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Home My WebLink AboutCUP 85Ax2; Pilgrim United Church of Christ; Conditional Use Permit (CUP) (5)The City of CARLSBAJI Planning Department 6m-Q A REPORT TO THE PLANNING COMMISSION ItemNo. @ P.C. AGENDA OF: July 2,1997 Project Planner: Anne Hysong Project Engineer: Not Applicable SUBJECT: CUP 85(A)x2/CUP 85(B)x1 - PILGRIM UNITED CHURCH OF CHRIST Request for an extension of conditional use permits allowing the continued operation of a church, preschool facility, office and meeting rooms on two adjacent lots located at 2020 and 2030 Chestnut Avenue in the R-1 zone in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 41 18 and 41 19 APPROVING a five year extension of CUP 85(A)x1 and CUP 85(B) based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposed five year extension of CUP 85(A)x1 would allow the existing church sanctuary, meeting rooms, offices, and preschool facility located at 2020 Chestnut Avenue to continue to operate through February 5,2002. The five year extension of CUP 85(B) would allow the church to continue to use the adjacent structure located at 2030 Chestnut Avenue for church related activities through February 5,2002. 111. PROJECT DESCRIPTION AND BACKGROUND The Pilgrim United Church of Christ (changed from Pilgrim Congregational Church) is requesting an extension of their conditional use permits to allow the existing church facility, preschool facility, and adjacent meeting room facility to operate for five additional years through February 5, 2002. The church facility, originally approved in 1964, has been expanded to include a sanctuary, preschool facility, and meeting rooms on the original parcel at 2020 Chestnut. On February 5, 1992, the Planning Commission approved CUP 85(B) allowing a single family structure located adjacent to the church at 2030 Chestnut Avenue to be utilized by the church for meeting purposes. Since this lot is under separate ownership, it was approved as a separate CUP amendment. The existing church facility and daycare comply with all original conditions of approval, however, staff has received complaints during the past few months from Mr. Dwight Vallely, a single family resident whose lot abuts the daycare facility at the rear property line. The complaints are due to noise resulting from the use and maintenance of the preschool facility by gardeners, children, and faculty during the day and by other activities and cleaning crews during the evening hours. Mr. Vallely has requested that the church construct a solid block wall to replace the chain link fence CUP 85(A)x2/CUP 85(B)x1 - PILGRIM UNITED CHURCH OF CHNST JULY 2,1997 PAGE 2 separating his property from the daycare center to attenuate the noise. Although the church has implemented a number of noise reduction measures since last September, including restricting loud daycare activities to areas away from Mr. Vallely’s rear yard, restricting the use of loud music and equipment by cleaning crews during evening hours, and restricting gardening activity near single family residences to later morning hours, Mr. Vallely has indicated that a noise wall would be the only method of noise attenuation acceptable to him. The construction of a 6’ wall at this location would result in a vertical barrier that is approximately 9’ high due to the offset of an approximately 3’ high retaining wall. IV. A. B. C. D. ANALYSIS The Pilgrim United Church of Christ continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; 2. 3. Zone 1 Local Facilities Management Plan; and Title 21, Chapter 21.42, of the Carlsbad Municipal Code. As discussed in Section I11 above, a written complaint was received by the City from a single family resident regarding noise fkom the use of the church preschool facility during the day and evening hours. Chapter 21.42 (Conditional Uses) of the Zoning Ordinance requires findings that a conditional use is not detrimental to existing uses and/or uses specifically permitted in the zone in which the proposed use is to be located and that all yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing uses in the neighborhood will be provided and maintained. Since both the daycare center and the single family residence are existing, additional setbacks or yards cannot be provided. Therefore, as stated in Items C and D below, a condition has been added to the conditional use permit to require the construction of a 6’ solid masonry wall to separate land uses and attenuate noise resulting from use of the church preschool facility. The adopted project findings for CUP 85(A)x1 and CUP 85(B) which are contained in Planning Commission Resolutions No. 3336 and 3337 still apply except that Findings No. 1 and 3 of Resolution No. 3336 are expanded by Findings No. 1 and 2 of Planning Commission Resolution No. 41 18. These additional findings state that the church use will reduce the noise of their daycare facility by constructing a solid 6’ high masonry wall behind the preschool to replace the existing chain link fence located along the property line (see Exhibit “Y”). The addition of the wall will ensure compatibility of land uses and adjust the use to the residential neighborhood. The adopted project conditions for CUP 85(A)x1 and CUP 85(B) contained in Planning Commission Resolutions No. 3336 and 3337 still apply to the church conditional uses with the following exceptions: . 1. Condition No. 1 of Planning Commission Resolution 3336 is amended by Condition No. 2 of Resolution No. 4118 which extends CUP 85(A)x1 for five years through February 5,2002. CUP 85(A)x2/CUP 85(B)xl - PILGRIM UNITED CHURCH OF CHKIST JULY 2,1997 2. Condition No. 2 of Resolution 3337 is amended by Cond ion No. 2 of Planning Commission Resolution No. 41 19 which extends CUP 85(B) for five years through February 5,2002. 3. Condition No. 3 of Resolution No. 41 18 requires the church to construct a solid 6’ masonry wall behind the daycare center to replace the existing chain link fence located along the rear property line separating the daycare facility fiom property located at 2027 Charleen Circle. E. The project is in compliance with all existing conditions of approval. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt fiom the requirements of the California Environmental Quality Act (CEQA) per section 15301, existing facilities and 15303, construction of accessory structures, of the State CEQA Guidelines and will therefore not have any adverse impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 4 1 1 8 ’ 2. Planning Commission Resolution No. 4 1 19 3. Location Map 4. Disclosure Statement 5. Exhibit “Y” 6. Planning Commission Resolutions No. 3336 and 3337, dated February 5, 1992. AH:kr CHESTNUT AVE PILGRIM UNITED CHURCH OF CHRIST CUP 85(A)x2/CUP 85(B)x1 DISCLOSURE STATEMENT I 1 APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CrrY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMllTEE. I (Please Print) The following information must be disclosed: List the names and addresses of all persons having a financial interest in the application. PILGKIM (IIY(T.3 CW2cH OF CWST u- STESSA SILVA W??) Cr)ES~ufl AVENV& 3 376 GALR EO STf2EU cwec CA(tecS.as0 CA q2@ OR sm. &A 9ceoB 3 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. PfU7&/Vl UNlT€O CbtURCii OF ci#ew- MmIU d 7&cA SfUA 3. If any person identified pursuant to (1) ,or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-proffl organization or as trustee or beneficiary of the trust. 2075 Las Palmas Drive - Carlsbad. California 92009-4859 - (619) 438-1 161 Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes - No If yes, please indicate person(s) - Person ir defined as: 'Any individual, firm, copartnership, joint venturo, association, social club, fraternal organization, corporation, estate. bud receiver, syndicate, thir and any other county, city and county, city municipaltty, diatrict or other political rubdivision, or any other group or combination acting M a unit' (NOTE: Anach additional pages as necessary.) Siinature of applichnt/date . '. I CONDITIONAL USE PERMIT NO. mmmu CONGREOATIONAL CMURCH DATE hOV I,#. I990 SCALE I hu I' -0'