HomeMy WebLinkAbout1987-07-21; City Council; 9099; Apostolic Assembly ChurchCIT’ OF CARLSBAD - AGENd “BILL ’ .A ,L .-’ 3 /
DECISION APPROVING THE APOSTOLIC
ASSEMBLY CHURCH -
ASSEMBLY
RECOMMENDED ACTION:
Planning Commission and staff are recommending DENIAL of the
appeal and that the City Council uphold the Planning Commission’s
decision to APPROVE CUP 87-2.
ITEM EXPLANATION
The Apostolic Assembly of Carlsbad is requesting a conditional
use permit to build a new church across the street from Holiday Park at 1198 Pine Avenue. The church is presently located in a small building in the downtown area on the south side of Elm
Avenue at Washington Street. Approval of the conditional use
permit for the church has been appealed by several of the neighbors. The reason for the appeal is that they feel the area
should remain residential and that the additional traffic from
the church would add to the existing congestion created by
Holiday Park. They are also worried about parking problems and
an increase in noise in the neighborhood.
The church as proposed would be a one-story, 4300 square foot/ ?-
Spanish design. The sanctuary would seat up to 135 people d
the building would include classroom area as well. F Twenty-:seven parking spaces have been provided. The major points of activity for the church would be Tuesday and Thursday evenings and Sunday services. The property is zoned RD-M, which would permit condo
and apartment units by right and churches with a conditional use permit. With regard to potential concerns created by the church in this area, the City Engineering Department has analyzed the traffic and felt there was more than adequate capacity on existing streets to handle this project. In terms of noise impact, the church would be in session a small number of times during the week, which may create less noise than other uses
permitted in this zone by right. In addition, the applicant is
willing to construct a six-foot high block wall around the entire
property and that was added as a condition on the project by the
Planning Commission. The church meets all the City parking and
setback requirements. The nearest residential units are 18 feet
to the west and 58 feet to the east.
In summary, both Planning Commission and staff felt that the
findings for a conditional use permit can be made, that the church would provide a desirable land use for the community, and
would be compatible with the area. For further information, please see the attached staff report to the Planning Commission
dated 3une 17, 1987.
Page Two of Agenda Bill No. $2yq
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not cause any significant environmental impacts and, therefore, has
issued a Negative Declaration, dated May 29, 1987, which was
approved by the Planning Commission on 3une 17, 1987. A copy of
the environmental documents is on file in the Planning
Department.
FISCAL IMPACT
The proposed project being a non-profit church is exempt from
payment of the Public Facilities Fees, however, all other
applicable City fees will be paid.
EXHIBITS
I) Location Map
2) Planning Commission Resolution No. 2667
3) Staff Report to Planning Commission, dated 3une 17, 1987
4) Letter of Appeal
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City of Carlsbad
APOSTOLIC ASSEMBLY APOSTOLIC ASSEMBLY CUP 87-2 CUP 87-2
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PLANNING COMMISSION RESOLUTION NO. 2667
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A CHURCH TO BE BUILT ON PROPERTY LOCATED AT 1198 PINE AVENUE.
APPLICANT: APOSTOLIC ASSEMBLY
CASE NO: CUP 87-2
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 17th day of 3une, 1987, hold a
duly noticed public hearing to consider said application on
property described as:
The southerly-one-half of Lot 5 of subdivision of Tract
114 and a portion of 120 of Carlsbad Lands in the City of Carlsbad, County of San Diego, Map No. 1744 filed 3anuary 3, 1923.
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to CUP 87-
2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Commission APPROVES CUP 87-2, based on the following
findings and subject to the following conditions:
Findings:
1. The requested use is desirable for the development of the community, is essentially in harmony with the various elements
and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically’permitted in the RDM
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zone. The proposed use is appropriate in this area of office,
residential and park land uses.
The .43 acre site is adequate in size and shape to accommodate
the use, since adequate parking and landscaping can be provided
onsite.
All of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained in accordance with the zoning ordinance requirements.
The street system serving the proposed use is adequate to properly handle all traffic generated by the church because there will be 81 trips generated on days of assembly, which
can easily be handled on Pine and Pio Pica Street.
The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not
be issued for the project unless the City Engineer determines
that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and
the Planning Commission is satisfied that the requirements of
the Public Fat-ilities Element of the General Plan have been met insofar as they apply to sewer service for this project.
All necessary public improvements have been provided or will
be required as conditions of approval.
This project will not cause any significant environmental
impacts, and a Negative Declaration has been issued by the
Planning Director on May 29, 1987, and approved by the Planning Commission on 3une 17, 1987.
This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment
of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons
stated in the staff report. If the improvements or facilities are not provided the project will create an unmitigated burden
on existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the project consistent with City goals, policies and plans.
The project is consistent with the provisions of Chapter 21.90 of the Carlsbad Municipal Code and the plans adopted pursuant of this Chapter or the Property Owner has signed an agreement to be subject to such plans when they are
adopted.
PC RESO NO. 2667 -2- .
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Conditions:
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Approval is granted for CUP 87-2, as shown on Exhibits “A” -
” D ” 9 dated May 21, 1987, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these
conditions.
This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer facilities are available at the time of application for
such sewer permits and will continue to be available until
time of occupancy.
This project is also approved under the express condition
that the applicant pay any development fees established by
the City Council pursuant to Chapter 21 .90 of the Carlsbad
Municipal Code or other ordinance adopted to implement a
growth management system or facilities and improvement plan
and the agreement to pay the Growth Management Fee dated
3une 1, 1987, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees
are not paid this application will not be consistent with the
General Plan and approval for this project shall be void.
Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
This approval shall become null and void if building permits are not issued for this project within one year from the date
of project approval.
Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
The applicant shall prepare a 24” x 36” reproducible mylar of
the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits.
The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or
building permits, whichever occurs first. Said landscape plan shall include additional landscaping of at least three trees and shrubbery along the back wall on the north end of the property.
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PC RESO NO. 2667 -3-
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All parking lot trees shall be a minimum of 15 gallons in
size.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Planning
Director.
All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursuant
to Building Department-Policy-No; 80-6, to the satisfaction the Directors of Planning and -Building.
This conditional use permit shall be granted for a period
of 30 years. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met
and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission,
after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant
adverse impacts. This permit may be modified or revoked
at any time after a public hearing, if it is found that
the use has a significant detrimental affect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not
to exceed five years upon written application of the
permittee made not less than 90 days prior to the expiration date. Additional extensions may be granted under the same terms. In granting such extensions, the
Planning Commission shall find that no substantial adverse
affect on surrounding land uses or the public’s health and
welfare will result because of the continuation of the
permitted use. If a substantial adverse affect on surrounding land uses or the public’s health and welfare
is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant.
PC RESO NO. 2667 -4-
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If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on
this project are challenged this approval shall be
suspended as provided in Government Code Section 65913.5.
If any such condition is determined to be invalid this
approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law.
The compact parking spaces shall be clearly indicated by
the word “COMPACT” at the entrance to each compact space.
The seating within the church service assembly area shall be
“fixed” or permanent and not movable (i.e. chairs).
Evening activities shall be concluded by 1O:OO p.m.
A six (6) foot high decorative block wall shall be constructed around the property except in the front yard
setback where the wall shall be 42 inches high, to the satisfaction of the Planning Director.
Wheel stops shall be added in the parking area to the
satisfaction of the Planning Director.
Engineering Conditions:
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The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is defined as “controlled grad- ing” by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site
inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11 .C6 of the
Carlsbad Municipal Code.
No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners of
the affected properties.
Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
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PC RESO NO. 2667 -5-
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The developer shall exercise special care during the
construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a period
of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City
Engineer.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer.
The developer shall pay the current local drainage area fee
prior to approval of the final map for this project or shall
construct drainage systems in conformance with the Master
Drainage Plan and City of Carlsbad Standards as required by
the City Engineer.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building
permit for this project.
The developer shall obtain the City Engineer’s approval of
the project improvement plans and enter into a secured
agreement with the City for completion of said improvements
prior to issuance of any building permit within this project. The improvements shall be constructed and
accepted for maintenance by the City Council prior to
issuance of a Certificate of Occupancy for any unit within
the project. The improvements are one-half street improvement of Pine Avenue, including but not limited to:
a) Base and paving
b) Curb, gutter, and sidewalk
cl Street trees
d) Street lights
e) Offsite transitions
f) Drainage improvements
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PC RESO NO. 2667 -6-
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30. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water
agencies regarding services to the project.
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The developer shal be responsible for coordination with
S.D.G.&E., Pacific Telephone, and Cable TV authorities.
All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by
the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may
be signed and sealed on their first page. Additionally, the first sheet of each set of plans shall have the following certificate:
“DECLARATION OF RESPONSIBLE CHARGE’
I ‘hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work,
of my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
city, St.:
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. #
33.
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The developer shall provide the City with a reproducible mylar
copy of the site plan as approved by the Planning Commission.
The site plan shall reflect the conditions of approval by the
city. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal.
PC RESO NO. 2667 -7- .
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Fire Conditions:
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Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and
onsite roads and drives to the Fire Marshal for approval,
All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted “No Parking/Fire Lane-Tow
Away Zone” pursuant to Section 17.04.040, Carlsbad Municipal
Code.
Fire retardant roofs shall be required on all structures.
All fire alarm systems, fire hydrants, extinguishing
systems, automatic sprinklers, and other systems pertinent to
the project shall be submitted to the Fire Department for approval prior to construction.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 17th day of June, 1987, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Hall, Holmes,
McFadden, McBane and Schramm.
NOES: Commissioner Schlehuber.
ABSENT: None.
ABSTAIN: None.
ATTEST:
US, Chairman
PLANNING COMMISSION
PLANNING DIRECTOR
PC RESO NO. 2667
DATE:
TO:
FROM:
SUBJECT:
I.
That the
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APPLICAT; 4 SUBMITTAL DATE:
FEBRUARY 3, 1987
STAFF REPORT
3UNE 17, 1987
PLANNING COMMISSION
PLANNING DEPARTMENT
CUP 87-2 APOSTOLIC ASSEMBLY - Request for a Conditional
Use Permit for a church to locate at 1198 Pine Avenue,
adjacent to the north end of Holiday Park.
RECOMMENDATION
Planning Commission APPROVE the Negative Declaration
issued by the Planning Director and ADOPT Planning Commission Resolution No. 2667, APPROVING CUP 87-2 based on the findings
and subject to the conditions contained therein.
II. PR03ECT DESCRIPTION
The Apostolic Assembly of Carlsbad is requesting a conditional
use permit to build a new church at 1198 Pine Avenue across the street from Holiday Park. The Apostolic Assembly presently serves its congregation from a small building located downtown
at Washington Street and Elm Avenue.
The proposed church is a Spanish design, one-story with a tile roof, Spanish arches, and an open porch-like area. Inside, the sanctuary will seat up to 135 people on fixed seating. An
office, nursery, and three classrooms also are included in the 4300 square foot building (outside porch area is 200 square feet for a total building coverage of approximately 4500 square feet).
Twenty-seven parking spaces have been provided at a ratio of one
space per five seats in compliance with the zoning ordinance.
Services typically are held on Tuesday and Thursday evenings and
Sunday during the day. Other activities also may occur in the
evenings.
The subject property is located in an area that has a variety of land uses. As mentioned earlier, Holiday Park is located just
to the south. To the west is single family residential, office,
and the I-5 freeway. To the north and east, the area is primarily residential. The proposed church would be located
between two one-story single family homes. The site is
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presently occupied by an older white house, garage, and sheds.
There is a parking lot located two lots to the west which serves
an office building in Pio Pica. Another church is adjacent to the east side of the park, on Eureka Steet.
Zoning is ROM-Q, the intent of which is to provide a buffer between the R-P(Q) office uses to the west and the R-l
residential uses to the east. Churches are allowed with a conditional use permit in the ROM zone.
III. ANALYSIS
1. Can the findings be made for granting a Conditional Use Permit? They are:
(I) That the requested use is necessary or desirable for
the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specially permitted in the zone in which the proposed use is to be located;
(2) That the site for the intended use is adequate in size
and shape to accommodate the use;
(3) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in
the neighborhood will be provided and maintained;
(4) That the street system serving the proposed use is
adequate to properly handle all traffic generated by the proposed use.
2. Is the project consistent with the Growth Management Program?
Discussion
CUP Findings
The proposed church is an appropriate land use at this location.
It will provide a buffer between residential and office uses.
Its’ small scale (one-story) Spanish mission architecture would contribute to the character of the neighborhood. There also is a pleasant ambiance associated with the church’s proximity to the
park. As an alternative, 2.6 dwelling units could be built on
the site (probably a duplex). Most likely, two stories would be necessary for residential to accommodate parking. Noise also is a factor in discussing appropriate uses -- with the freeway nearby, a church would be better suited for the site.
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The site is adequate in size and shape to accommodate the
proposed church. Parking is provided onsite, per ordinance requirements. One driveway is located on Pine Avenue. The lot is long and narrow; the building has been designed likewise, so it fits the site. The church’s distance from the residence to
the east is 58 feet, and from the west, 18 feet. Because the structure is one-story, and a six-foot high wall will be constructed along the property line, there should be no
incompatibilities.
Setback and wall requirements are also met. A 17 foot landscaped
setback from a new public sidewalk will be provided. Several 24
inch box trees will be planted within this setback.
Initially, staff had concerns about the church users parking in
the Holiday Park spaces on the south side of Pine. Even though parking requirements are met onsite, some may find it convenient
to park at the park rather than in the church lot. However, recently, Holiday Park has been subject to street and paving
improvements and striping of parkinq spaces, which has
“organized” the previously informal parking areas around the
park, essentially increasing parking by an estimated 15 - 20 percent. Since the parking situation at Holiday Park has been
improved, staff feels there will not be impacts from the church
on the park.
From a traffic standpoint, the project is estimated to generate 27 vehicle trips on weekdays and 81 trips on days of assembly.
This ADT will not impact the streets in the vicinity. Traffic only has to travel 300 feet on Pine to Pio Pica, which functions as a collector street.
The Growth Management Program allows projects for non-profit entities to be processed prior to adoption of the Local Facility
Management Plan (LFMP) for Zone 1. However, this pro,ject shall
be required to provide for its proportional impact for public facilities consistent with the adopted Local Facilities
Management Plan for Zone 1.
In summary, the findings for a conditional use permit can be
made. The church would be a desirable land use and would not be . incompatible in the area; the project has been designed to fit adequately on the site and meet ordinance requirements for parking, etc., and the street system can handle the traffic generated from the proposed church. Staff recommends approval
of CUP 87-2.
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IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not have a significant effect on the environment and, therefore, has issued a negative declaration on May 29, 1987.
ATTACHMENTS
1. Planning Commission Resolution No. 2667
2; Location Map 3. Background Data Sheet
4. Disclosure Form 5. Environmental Document
6. Exhibits “A” - “D”, dated May 21, 1987
NER:af
S/22/87
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BACKGROUND DATA SHEET
CASE NO: CUP 87-2
APPLICANT: Aoostolic Assemblv of Carlsbad
REQUEST AND LOCATION: One-story 4500 sq ft church (200 sq ft porch) located at
1198 Pine Street
LEGAL DESCRIPTION: The southerly one-half of Lot 5 of subdivision of Tract 114
and
Diego, Map No. 1744 filed 3anuary 3, 1923 APN: 205-020-33
Acres .43 Proposed No. of Lots/Units
GENERAL PLAN AND ZONING
Land Use Designation RM
Density Allowed 4 - 8 du/ac Density Proposed N/A
Existing Zone RDMQ
Surrounding Zoning and Land Use:
Zoning
Site RDMQ
North RDM-Q/C-2
South R-3/OS
East R-l
West RP-Q
Proposed Zone RDMQ
Land Use
SF
SF
Holiday Park
SF
SF/Office
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU’s N/A
Public Facilities Fee Agreement, dated N/A - exempted
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued May 29, 1987
E.I.R. Certified, dated
Other,