HomeMy WebLinkAbout1997-07-02; Planning Commission; ; CUP 85AX2 | CUP 85BX1 - PILGRIM UNITED CHURCH OF CHRIST--
The City of CARLSBAD Planning Department ~IJ__
A REPORT TO THE PLANNING COMMISSION
Application complete date:
P.C. AGENDA OF: July 2, 1997 Project Planner:
Project Engineer:
Item No.@
Not Applicable
Anne Hysong
Not Applicable
SUBJECT: CUP 85(A)x2/CUP 85(B)xl -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. 4118 and 4119
APPROVING a five year extension of CUP 85(A)xl and CUP 85(B) based on the findings and
subject to the conditions contained therein.
II. INTRODUCTION
The proposed five year extension of CUP 85(A)xl would allow the existing church sanctuary,
meeting rooms, offices, and preschool facility located at 2020 Chestnut A venue 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 A venue for church related activities
through February 5, 2002.
III. 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
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CUP 85(A)x2/CUP 85(B)xl -PILGRIM UNITED CHURCH OF ClliUST
JULY2, 1997
PAGE2
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. ANALYSIS
A. The Pilgrim United Church of Christ continues to be consistent with all applicable plans,
policies and regulations described below:
1. Carlsbad General Plan;
2. Zone 1 Local Facilities Management Plan; and
3. Title 21, Chapter 21.42, of the Carlsbad Municipal Code.
B. As discussed in Section III above, a written complaint was received by the City from a
single family resident regarding noise from 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.
C. The adopted project findings for CUP 85(A)xl 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. 4118. 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.
D. The adopted project conditions for CUP 85(A)xl 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)xl for five years through
February 5, 2002.
CUP 85(A)x2/CUP 85(B)xl -PILGRIM UNITED CHURCH OF CHRIST
JULY2, 1997
PAGE3
2. Condition No. 2 of Resolution 3337 is amended by Condition No. 2 of Planning
Commission Resolution No. 4119 which extends CUP 85(8) for five years through
February 5, 2002.
3. Condition No. 3 of Resolution No. 4118 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 from 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 from 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. 4118
2. Planning Commission Resolution No. 4119
3. Location Map
4. Disclosure Statement
5. Exhibit "Y"
6. Planning Commission Resolutions No. 3336 and 3337, dated February 5, 1992.
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CHESTNUT AVE
PILGRIM UNITED CHURCH
OF CHRIST
CUP 85(A)x2/CUP 85(B)x1
City of Carlsbad
-06ieiehei•1•24•EIU,,t4,ii
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1 . Applicant
List the names and addresses of all persons having a financial interest in the application.
p,LGt:,M v1t1r1Eb c,-H,1-ett oF ettRJsT MW.tLL i= TESSA s,L\'A
2.02.CI CUESTJJVT AVcltlUE 3J7to GA&,.f:!8-Q STt!ee-r
CA&¼ BAI) I CA Cf l!.008 CAl?L-~fAO' CA '2008
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
Pll/4£/M CJNtTEO CffU/!CH OF Cft/2.lsr Mfl!J!•U. d. •E:ZA SIL-VA
2.020 Cl:U5,N()T A~t;Hve 337w 6/¥:,,EtEL;O 5T,gE(IT
C~S~() ( CA ctzoos-:: CAg.Ls~. CA quoi'
(2-ow Cfie:s-flJVf Av"· ,~) ( 'Z03o c,-.e:s,-Nvr AlllfE~ ('i!dltLT'f)
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-profit organization or as trustee or beneficiary
of the trust.
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
• (Over)
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 X If yes, please indicate person(s)_· ____________________ _
Person ia defined u: "Any individual, firm, copartnership, joint venture, auociation, aocial club, fraternal organization, corporation, estate. trust.
receiver, syndicate, thia and any other county, city and county, city municipality, diatrict or other political aubdiviaion, or any other group or
combination acting u a unit•
{NOTE: Attach additional pages as necessary.)
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CONDITIONAL USE PERMIT NO.
PILGRIM CONGREGATIONAL CHURCH
OAlE NOV l'I, 1970
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PLANNING COMMISSION RESOLUTION NO. 3336
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING THE
RETROACTIVE EXTENSION OF A CONDITIONAL USE
PERMIT ALLOWING A CHURCH AND PRESCHOOL FACILilY
ON PROPER1Y GENERALLY LOCATED AT 2020 CHESTNUT
AVENUE.
CASE NAME: PILGRIM CONGREGATIONAL CHURCH
CASE NO: CUP 85(A)xl
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 5th day of February, 1992, hold a duly noticed public hearing to
consider said application on property described as:
Map 1681 Thum Lands, Portion of Tracts 254 and 255.
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 85(A)xl.
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 85(A)xl, based on the following findings and subject to the
following conditions:
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Findings:
1. 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 specifically
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.
Conditions:
1. This conditional use permit is granted for a retroactive period of 1 year and 8
months from May 28, 1990 through February 5, 1992, and is hereby extended for
a period of 5 years commencing February 5, 1992.
PC RESO NO. 3336 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of February, 1992,
by the following vote, to wit:
AYES: Chairman Erwin, Commissioners: Schramm, Holmes, Savary
& Noble.
NOES: None.
ABSENT: Commissioners: Hall & Schlehuber.
ABSTAIN: None.
~~
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~~ MICHAEL J. Hci~~ -
PLANNING DIRECTOR
PC RESO NO. 3336 -3-
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PLANNING COMMISSION RESOLlITION NO. 3337
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CI1Y OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT ALLOWING THE PILGRIM
CONGREGATIONAL CHURCH AND AN EXPANSION TO
INCLUDE AN ADJACENT SINGLE FAMILY RESIDENCE TO
BE USED FOR SUNDAY SCHOOL CLASSROOMS AND ADULT
MEETING ROOMS ON PROPER1Y GENERALLY LOCATED AT
2020 AND 2030 CHESTNUT AVENUE.
CASE NAME: PILGRIM CONGREGATIONAL CHURCH
CASE NO: CUP 85(B)
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 5th day of February, 1992, hold a duly noticed public hearing to
consider said application on property described as;
Lot 24 of Map 4165.
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 85(B).
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 85(B), based on the following findings and subject to the
following conditions:
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Findings:
1. That the requested use is necessary and desirable for the development of the
community, is essentially in harmony with 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 since use of the facility requires no new construction or site
alteration, regular use is limited to Sundays and weekly evening meetings and an
annual temporary homeless shelter, and existing onsite parking is provided.
2. That the site for the intended use is adequate in size and shape to accommodate
the use; since an existing residence will be utilized and all yards, setbacks, walls,
fences, landscaping, and other features necessary to adjust the requested use to
existing or permitted future uses in the neighborhood are currently provided and
maintained;
3. That the street system serving the proposed use is adequate to properly handle all
existing traffic and the proposed use will not generate additional traffic.
Conditions:
1.
2.
Approval is granted for CUP 85(8), as shown on Exhibit "A", dated February 5,
1992, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
This conditional use permit is granted for a period of 5 years commencing on
February 5, 1992. 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 surround.in~ 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 5 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. 3337 -2-
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3. This approval is subject to all conditions of Planning Commission Resolutions 349,
918, and 1640 except that Condition No. 3 of Resolution No. 918 is superseded
by Condition No. 2 above, and Condition No. 4 of Resolution No. 349 is deleted.
4. No exterior wall signs shall be pennitted on any elevation of the meeting room
facility at 2030 Chestnut Avenue.
5. Parking shall be prohibited in the driveway of the proposed meeting room facility
at 2030 Chestnut Avenue. The applicant shall post architecturally compatible 1 'X
1' wooden "NO PARKING" signs not to exceed 4211 in height at the front property
line on each side of the driveway within 30 days of this approval.
6. Regular weekly use of the meeting room facility at 2030 Chestnut Avenue shall be
limited to Sunday School classes which do not exceed 4 hours in any one day or
12 hours in any one week with attendance not to exceed SO students during the
two worship services, a Sunday evening adult forum, weekly adult evening
meetings, and an annual homeless shelter providing assistance to not more than
12 people for a period not to exceed 30 days and conducted as specified in Exhibit
11X.11 attached hereto and incorporated herein by reference.
Water Conditions:
7. New sewer and water fees for this new use shall be paid prior to Pilgrim Church
occupancy.
Fire Conditions:
8. Strncture shall meet requirements of the UBC for the intended use prior to
occupancy.
PC RESO NO. 3337 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of February, 1992,
by the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schramm, Holmes,
Savary & Noble.
NOES: None.
ABSENT: Commissioners: Schlehuber & Hall.
ABSTAIN: None.
·~
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~
PLANNING DIRECTOR
PC RESO NO. 3337 -4-