HomeMy WebLinkAbout2004-05-05; Planning Commission; ; CUP 139AX1 - ST. ELIZABETH SETON CATHOLIC CHURCHl'he City of Carlsbad Planning Departmen,
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
P.C. AGENDA OF: May 5, 2004
ItemNo.@
Application complete date: February 23, 2004
Project Planner: Chris Sexton
Project Engineer: Jeremy Riddle
SUBJECT: CUP 139(A)xl -ST. ELIZABETH SETON CATHOLIC CHURCH -
Request for a ten-year retroactive extension (from March 4, 2004 to March 3,
2014) of a Conditional Use Permit (CUP) to allow the continued operation of a
church campus on a 5.04 acre property located at the southwest comer of Alga
Road and El Fuerte Street at 6628 Santa Isabel Street in Local Facilities
Management Zone 6.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5601
APPROVING a retroactive extension of CUP 139(A) based upon the findings and subject to the
conditions contained therein.
II. INTRODUCTION
This proposed ten-year retroactive extension of CUP 139(A) will allow the continued operation
of a church campus located at the southwest comer of Alga Road and El Fuerte Street at 6628
Santa Isabel Street from March 4, 2004 through March 3, 2014.
III. PROJECT DESCRIPTION AND BACKGROUND
On August 24, 1977, the Planning Commission approved CUP 139 to allow the construction and
operation of a church and education center at the southwest comer of Alga Road and El Fuerte
Street. On March 2, 1994 the Planning Commission approved CUP 139(A) allowing an
expansion of the entire project by 5,000 square feet and adding a columbarium. Condition No. 8
of the approving CUP Resolution No. 3637 specifies that CUP 139(A) is granted for a period of
ten-years but may be extended upon written application of the permittee (St. Elizabeth Seton
Catholic Church). The applicant is requesting a ten-year extension of CUP 139(A) to allow the
continued use of a church campus at this site.
IV. ANALYSIS
A. The church campus continues to be consistent with all applicable plans, policies and
regulations described below:
1. Carlsbad General Plan;
2. Local Facilities Management Plan 6; and,
CUP 139(A)xl -ST ELIZABETH SETON CATHOLIC CHURCH-
May 5, 2004
Pa e2
3. Title 21 of the Carlsbad Municipal Code.
B. The adopted project findings for CUP 139(A), which are contained in Planning
Commission Resolution No. 3637 still apply to this project (CUP 139(A)xl).
C. The adopted project conditions for CUP 139(A), which are contained in Planning
Commission Resolution No. 3637 still apply to this project (CUP 139(A)xl), with the
exception of Condition No. 3 which has been previously satisfied and Condition No. 8
which is amended by Condition No. 4 in Planning Commission Resolution No. 5601 to
retroactively extend CUP 139(A)xl for ten years from March 4, 2004 through March 3,
2014. New Conditions 5 and 6 have been added to Resolution 5601 that, based on new
NPDES regulations, require a Storm Water Management Plan (SWMP) be prepared to
ensure pollutants are removed from storm water prior to discharge to City right-of-way.
D. No formal written complaints regarding CUP 139(A) have been submitted to the City.
E. Annual reviews have been conducted for CUP 139(A) and the project is in compliance
with all conditions of approval.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 5601
2. Location Map
3. Planning Commission Resolution No. 3637, dated March 2, 1994
4. Planning Commission Resolution No. 1398, dated August 24, 1977
SITE ~ ~
ST. ELIZABETH SETON
CATHOLIC CHURCH
CUP ,139(A)x1
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PLANNING COMMISSION RESOLUTION NO. 3637
A RESOLUTION OP THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO CONDITIONAL USE PERMIT NO. 139 FOR
A CHURCH TO EXPAND THE TOTAL SQUARE FOOTAGE
AND ALLOW CHANGES TO THE LOCATIONS OF PROPOSED
STRUCTURES ON PROPERTY GENERALLY LOCATED ON
THE SOUTHWEST CORNER OF ALGA ROAD AND EL
FUERTE STREET.
CASE NAME: ST. ELIZABETH SETON CATHOLIC CHURCH
CASE NO: CUP 139(A)
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 2nd day of March, 1994, hold a duly noticed public hearing to
consider said application on property described as:
La Costa Meadows, Unit No. 2, Lot 412, in the City of
Carlsbad, County of San Diego.
WHEREAS, at said public 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 139(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 139(A), based on the following findings and subject to the
following conditions:
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Findings:
1. The use is still necessary and desirable for the development of the community, is
still essentially in harmony with the various elements and objectives of the General
Plan, and is not detrimental to existing uses specifically pennitted in the area. The
General Plan and the Municipal Code recognize the need for the proposed type of
use. The proposed use is consistent with General Plan direction regarding the
location of uses for public assembly. The proposed design will not be detrimental
to surrounding uses. The site is a self-contained parcel separated from neighboring
uses by public streets. In addition, landscaped setbacks and adequate on-site
parking will be provided.
2. The site is still adequate in size and shape to accommodate the use. The 5.04 acre
site is large enough to accommodate all of the proposed structures and adequate
parking. It is also a self-contained parcel separated from the surrounding multi-
family residential uses by public streets.
3. All yards, fences, landscaping, and other features necessary to adjust the requested
use to existing or pennitted future uses in the neighborhood can be provided and
maintained. No walls or fences are necessary because the site is a self-contained
parcel separated from surrounding uses by public streets. Although yards are not
required in the C-1 Zone, the proposed use will provide 10-foot or larger yards.
Adequate landscaping will also be provided as shown on the proposed site plan.
4. The street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use. The site is surrounded by dedicated public
streets. Alga Road is a major arterial, and El Fuerte Street is a secondary arterial.
Access is provided from Santa Isabel Street. All required parking can be provided
on site.
5. Architectural features are allowed to exceed the 35 foot height limit in the
surrounding underlying zoning. Therefore, allowing the proposed tower and cross
to go to 53 feet height is consistent and compatible with surrounding zoning.
Planning Conditions:
1. Approval is granted for CUP 139(A), as shown on Exhibits "A" -"F", dated March
2, 1994, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. Plans for the proposed temporary administrative building and all future phase
buildings must receive the approval of the Planning Commission.
PC RESO NO. 3637
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3. The developer shall provide the City with a reproducible 24" x 3611
, 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 Site Plan copy shall be submitted to
the City Engineer and approved prior to building, grading, final map, or
improvement plan submittal, whichever occurs first.
4. This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the District 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.
5. This project shall comply with all conditions and mitigation required by the Zone
6 Local Facilities Management Plan approved by the City Council on November 10,
1987, incorporated herein and on file in the Planning Department and any future
amendments to the Plan made prior to the issuance of building permits.
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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.
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 conditional use permit is granted for a period of ten (10) 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 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 ten (10) years upon
written application of the permittee made no less than 90 days prior to the
expiration date. In granting such extension, 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. 3637 -3-
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If the property owner/ owners' address changes from that which is shown on the
conditional use permit application, a notice of a change of address shall be
reported, in writing, to the Planning Department within 30 days.
Phasing of the development shall be as shown on Exhibit "N', dated March 2,
1994.
All landscaping and hardscaping shall be provided during the first phase of
development.
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. Enclosure shall be of similar colors and/or materials to the
project to the satisfaction of 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, in substance as provided in Building Department Policy No.
80-6, to the satisfaction of the Directors of Planning and Building.
Compact parking spaces shall be located in large groups in locations to the
satisfaction of the Planning Director.
An exterior lighting plan including parking areas shall be submitted for Planning
Director approval. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
No outdoor storage of material shall occur onsite unless required by the Fire Chief.
In such instance a storage plan will be submitted for approval by the Fire Chief
and the Planning Director.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the approval of
grading or building plans, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
All landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
Any signs proposed for this development shall at a minimum 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.
PC RESO NO. 3637
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21. Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
22. As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24" x 36"
blueline drawing. Said blueline drawings shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
23. The sum of the combined parking demand at any one time within the St. Elizabeth
Seton Catholic Church Campus as defined by Sections 21.44.030 and 21.44.050
of Title 21 of the Carlsbad Municipal Code shall not exceed 191 spaces.
Engineering Conditions:
24. The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
25. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable 1V authorities.
26. Prior to building permit issuance the applicant shall pay all current fees and
deposits required.
27. Based upon a review of the proposed grading and the grading quantities shown on
the site plan, a grading permit for this project is required. Prior to issuance of a
building permit for the project, a grading permit shall be obtained and grading
work shall be completed in substantial conformance with the approved grading
plans.
28. Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, the applicant shall submit to and receive
approval from the City Engineer for the proposed haul route. The applicant shall
comply with all conditions and requirements the City Engineer may impose with
regards to the hauling operation.
29. The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chapter 11.06.
30. The applicant shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to issuance of grading or building permit, whichever occurs
first.
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a. Surface run-off from the proposed parking lot shall be directed through a
vegetated swale as shown on the site plan. The minimum length of this
swale shall be 50 feet.
31. Prior to issuance of a building pennit, the owner shall submit an agreement not
to oppose the formation of an assessment district for the improvement of the
medians on Alga Road. Said agreement shall be approved, as to form, by the City
Attorney.
32. Prior to any construction that includes clearing, grading or excavation that results
in soil disturbance of five acres or more, the property owner shall file a notice of
intent (NOI) with the California State Water Quality Control Board (CSWQCB) and
pay the appropriate fee for a storm water pennit.
Fire Conditions:
33. Prior to the issuance of building permits, complete building plans shall be
approved by the Fire Department.
34. Additional on-site public water mains and fire hydrants are required.
35. Applicant shall submit a site plan to the Fire Department for approval, which
depicts location of required, proposed and existing public water mains and fire
hydrants. The plan should include off-site fire hydrants within 200 feet of the
project.
36. Applicant shall submit a site plan depicting emergency access routes, driveways
and traffic circulation for Fire Department approval.
37. An all-weather, unobstructed access road suitable for emergency service vehicles
shall be provided and maintained during construction. When in the opinion of the
Fire Chief, the access road has become unserviceable due to inclement weather or
other reasons, he may, in the interest of public safety, require that construction
operations cease until the condition is corrected.
38. All required water mains, fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
39. Private roads and driveways which serve as required access for emergency service
vehicles shall be posted as fire lanes in accordance with the requirements of
Section 17.04.020 of the Carlsbad Municipal Code.
40. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
sprinkler systems and other fire protection systems shall be submitted to the Fire
Department for approval prior to construction.
41. An approved automatic fire sprinkler system shall be installed in buildings having
an aggregate floor area exceeding 10,000 square feet.
PC RESO NO. 3637 -6-
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42. A monument sign shall be installed at the entrance to the driveway or private
street indicating addresses of the buildings on site.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of March, 1994, by
the following vote, to wit:
AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Noble,
Welshans, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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CARLSBAD PI.ANNING COMMISSION
ATTEST:
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PI.ANNING DIRECTOR
PC RESO NO. 3637 -7-
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ii
wit:
• •
PLANNING COMMISSION RESOLUTION NO. 1398
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, CONCERNING A
CONDITIONAL USE PERMIT FOR A CHURCH AND RELATED
FACILITIES LOCATED ON THE SOUTHWEST CORNER OF
ALGA ROAD AND EL FUERTE STREET.
CASE NO: CUP-139
APPLICANT: JOHN MOCK
WHEREAS, a verified application for certain property to
Lot 412, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 6905
Assessor Book No. 215, Page 33, Parcel 01.
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, the Planning Commission did on the 24th day of
August, 1977, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and con-
sidering the testimony and arguments, if any, of all persons
who desired to be heard, said Commission considered all factors
relating to the Conditional Use Permit and found the following
facts and reasons to exist:
1) The requested use is necessary and desirable for the develop-
ment 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 zone in which the proposed use is to be
located because:
a) There are no existing churches in this rapidly growing
area of the City.
b) The General Plan recognizes the need and provides for
the location of this type of special use.
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c) The proposed building design and landscaping will be
compatible with surrounding multiple-family development.
2) The site for the intended use is adequate in size and shape
to accommodate the use because:
a) The five acre site provides adequate area for expansion.
3) All yards, setbacks, walls, fences, landscaping and other
features necessary to adjust the requested use to existing
or permanent future uses in the neighborhood will be provided
and maintained because:
a) They are required as conditions of approval.
4) The street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use
because:
a) The site is surrounded by public streets; Alga Road is
a major arterial, El Fuerte Street is a secondary
arterial, and Alfanje Street is a local street.
5) The subject application has complied with the requirements of
the Carlsbad Environmental Protection Ordinance of 1972
because:
a) A negative declaration has been issued for the proposed
project.
6) The subject application is consistent with applicable City
Public Facilities Policies and Ordinances because:
a) A letter was received on June 15, 1977 from the Leucadia
County Water District stating sewer service was available
at that time. Conditions of approval require a valid
sewer connection permit prior to construction.
NOW, THEREFORE, BE IT resolved by the Planning Commission of
the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That in view of the findings heretofore made and considering
the applicable law, the decision of the Planning Commission
is to approve the (CUP-139), subject to the following
conditions:
1) Prior to the issuance of building permis for the first phase,
the applicant shall provide to the City one-fourth (¼) of
the cost of a future traffic signal to be located at the
corner of Alga Road and El Fuerte Street. If the City Council
has adopted a traffic signal ordinance prior to the above
date, the applicant shall comply with the provisions of said
ordinance in lieu of the above condition .
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The applicant shall provide for full half (½) street improve-
ments, including wheel chair ramps, prior to the issuance of
building permits, sidewalks and ramps along Alga Road will
not be required until the issuance of permits for the second
phase.
Approval is granted for the land described in the application
and attachments thereto, and as shown on the plot plan sub-
mitted labeled Exhibit A, dated 8/8/77. The location of all
buildings, parking, landscaping, and other facilities shall
be located substantially as shown on the plot plan except as
provided otherwise herein.
Prior to the issuance of building permits for each phase, the
applicant shall submit a landscape and irrigation plan to the
Parks and Recreation Director for review and approval. The
approved plan shall reflect current City Policy regarding
water conservation.
Phasing shall be permitted as shown on Exhibit "A", dated
August 8, 1977.
Signing shall be limited to signs as shown on Exhibit "A",
dated August 8, 1977.
Prior to the issuance of building permits for any phase, the
applicant shall present a current sewer connection permit
or septic system permit to the Building Department.
The applicant shall dedicate vehicular access rights to the
City along Alga Road and El Fuerte Street prior to the
issuance of building permits.
Prior to the issuance of grading permits, the applicant shall
propose a method of general maintenance, erosion control and
trash pick-up for phases two (2) through four {4) to the
satisfaction of the City Engineer.
20 10) The applicant shall utilize energy and water conservation
measures, such as drip irrigation, low-flow toilets and
faucets, florescent lighting, etc., wherever determined
feasible by the Building Director.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on August 24, 1977, by
the following vote to wit:
XXX
XXX
XXX
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AYES: Commissioner Larson, Rombotis, L'Heureux, Watson,
Fikes, Jose, Woodward.
NOES: None.
ABSENT: None.
ATTEST:
ERIC LARON,CHAIRMAN
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