Loading...
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 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22, 23 24 25 26 27 28 • 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 J. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 20 21 22 23 24 25! 26 27 28 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. 6. 7. 8. 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 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 J. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 3637 -5- l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ~~ CARLSBAD PI.ANNING COMMISSION ATTEST: ~ PI.ANNING DIRECTOR PC RESO NO. 3637 -7- l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 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 . • 2 l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2) 3) 4) 5) 6) 7) 8) 9) • 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. 21 22 23 24 25 26 27 28 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 .3 l 2 3 4 5 6 7 8 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 • • AYES: Commissioner Larson, Rombotis, L'Heureux, Watson, Fikes, Jose, Woodward. NOES: None. ABSENT: None. ATTEST: ERIC LARON,CHAIRMAN .4