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HomeMy WebLinkAbout1994-12-13 - AGENDA REPORTS - TEMPORARY USE PERMIT 92 012 (2)AGENDA REPORT City Manager ApprovYby Item to b prese ted po Rich Henderson PUBLIC HEARING DATE: December 13, 1994 SUBJECT: An appeal of the Planning Commission's decision to not act on Conditional Use Permit 92-002.. The Commission heard the item on October 18, 1994, extending Temporary Use Permit 92-012 six months in lieu of acting on the conditional use permit. The church is located at 22603 13th Street. Applicant: El Bueno Samaritano Foursquare Church i DEPARTMENT: Community Development BACKGROUND The item was before the Planning Commission three previous times in the past two years. On December 15, 1992, the Planning Commission adopted Resolution P92-40, approving Temporary Use Permit 92-012 to allow for the continued operation of the church. The temporary use permit (TUP) was set to expire on October 1, 1993. The Commission granted the TUP with the understanding that staff would monitor the facility and that the church and surrounding residents would establish a positive relationship. The Commission indicated that if all went well, the conditional use permit request would be considered favorably in October of 1993. On October 5, 1993, the item was again heard by the Planning Commission. Staff had monitored the use on numerous occasions and on those occasions found the applicant complying with the conditions. Surrounding property owners spoke at this meeting, indicating that the church was not being a good neighbor and was not complying with the conditions on a regular basis. Due to these concerns, the Commission extended the TUP rather than acting on the conditional use permit. The Commission directed staff to continue to monitor the church to ensure compliance with the conditions. The site contains two buildings, totaling approximately 3,700 square feet. The church has been located at the site since 1941. In 1957, the zoning of the property was changed to R-2 (Two family residence zone), requiring a conditional use permit for a church use. The County of Los Angles allowed for the continued use of the church under a 35 year amortization program. This amortization program expired on June 4, 1992. APPROWEN v e Agenda Item: PLANNING COMMISSION ACTION The project was heard by the Planning Commission on October 18, 1994. At this meeting a total of seven persons spoke in opposition to the project while one person spoke in favor of the project. Issues cited by the residents included excessive noise, litter, crowds, loitering, and the applicant's failure to comply with the conditions of TUP 92-012, specifically with the allowed hours of operation; The temporary use permit requires that church services end nightly at 9:00 p.m. and that the congregation disperse by 9:30 p.m. The TUP also requires the applicant to supervise church parking and ensure that members of the church are not parking in front of surrounding driveways. At the meeting of October 18, staff indicated that numerous site visits had been conducted during the past year. At each of these visits staff found the church to be in compliance with the conditions of the TUP. Surrounding property owners spoke at the meeting and indicated that the church was not complying with the conditions and that there were still problems with the use. After hearing testimony and deliberating, the Commission granted a six month extension of the TUP, directing staff to continue to monitor the site. The Commission added that if any violation of the conditions is observed by staff, that the TUP be revoked and a hearing be scheduled before the Planning Commission. At the conclusion of the six month term, the Commission indicated that they would make a final decision on the conditional use permit. ANALYSIS The applicant's reason for the appeal is based upon the belief that the church has complied with all of the conditions of the TUP and that therefore a conditional use permit should be approved. At the pre -agenda conference, after listening to a discussion of the history of the hearings held by the Planning Commission, the City Manager concurred that an approval of the CUP with appropriate conditions is warranted based on staffs observation that the church has been operating within the guidelines agreed upon. The Commission's reason for not considering the conditional use permit is related to the conflict in testimony received from the residents and staff. RECOMMENDATION The Planning Commission recommends that the City Council: 1) Deny the appeal; and, 2) Refer the item back to the Planning Commission, allowi taff to monitor the facility until April 18, 1995, with the understanding that the Pl n g Commission will act on the conditional use permit at the April 18, 1995 meeting. ALTERNATIVE RECOMMENDATION Direct staff to prepare a resolution for approval of CUP 92-002 with conditions requiring the continued cooperation regarding neighbor concerns as outlined by the Planning Commission. ATTACHMENTS Planning Commission Resolution and Conditions Planning Commission Minutes Planning Commission Staff Reports Correspondence GAC:RAH:GEA council\ar32-088.gea CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING AN APPEAL OF MASTER CASE 92-088 (CONDITIONAL USE PERMIT 92-002). A REQUEST TO ALLOW FOR THE CONTINUATION OF A. CHURCH WITHIN AN RS (RESIDENTIAL SUBURBAN) ZONE. THE PROJECT LOCATION IS 22603 13TH STREET, SANTA CLARITA, CALIFORNIA. THE PROJECT APPLICANT IS EL BUENO SAMARITANO FOURSQUARE CHURCH.. PUBLIC NOTICE IS HEREBY GIVEN: Regarding an appeal of Master Case 92-088 (Conditional Use Permit 92-002). A request to allow for the continuation of a church within an RS (Residential Suburban) zone. The application was originally filed on May 20, 1992. The applicant has been granted two temporary use permits to allow for the continued operation of the church. They are as follows: Temporary Use Permit 92-012 allowed for the continued use of the church until October 1, 1993, and Temporary Use Permit 93-016 allowed for continued use of the church until October 1, 1994. On October 18, 1994 the Planning Commission granted a six-month extension to the.TUP. The applicant is appealing the Commissions' decision to not act on the CUP. The Project location is 22603 13th Street, Santa Clarita, California. The project applicant is El Bueno Samaritano Foursquare Church. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Boulevard, 1st Floor, Santa Clarita, the 13th day of December, 1994, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's office, Santa Clarita City Hall, 23920 Valencia Boulevard, 3rd Floor, Santa Clarita, California. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Clarita at, or prior to, the public hearing. Dated: November 7, 1994 Donna M. Grindey, CMC City Clerk Publish Dated: November 21, 1994 RESOLUTION NO. P93-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA APPROVING TEMPORARY USE PERMIT 93-016 TO ALLOW FOR THE CONTINUATION OF A CHURCH WITHIN AN RS ZONE UNTIL OCTOBER 1, 1994, FOR THE PROPERTY LOCATED AT 22603 13TH STREET THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: fact: SECTION 1. The Planning Commission does hereby make the following findings of a. An application for Conditional Use Permit 92-002 was filed on May 20, 1992, by El Bueno Samarltano Foursquare Church (the "applicant"). The property for which this entitlement has been filed Is located at 22603 13th Street (Assessor Parcel Number 2855-017-018, a legal description of which is on file In the Department of Community Development). b. This project Is to allow for the continued use of this property as a church. 1 C. The property has been developed and contains a 2,750 square foot building used as a church and a 975 square foot building used for Sunday School. Building permits have been Issued for both. d. The project site Is surrounded by single family residences. e. Access to the site is from Spruce Street and 13th Street. f. The application was circulated for City Department and agency review upon recelpt. The City of Santa Clarita Development Review Committee (DRC) met on August 13, 1992, to review this project. g. A duly noticed public hearing was held by the Planning Commission on October 20, 1992 at 7:00 p.m. in the City Council Chambers, 23920 Valencia Boulevard, Santa Clarlta. h. At the October 20, 1992 meeting, the Planning Commission continued the Item to a date uncertain, and directed staff to meet with the applicant and the surrounding residents to develop conditions of approval for the Issuance of a temporary use permit that would mitigate the concerns which were raised at the public hearing. The Planning Commission Indicated that It would reconsider the conditional use permit application at the termination of the temporary use permit. 1. On October 28, 1992, staff met with the applicant and the surrounding residents to discuss the Issues that were raised. As a result of this meeting, staff developed conditions of approval that would mitigate the concerns cited at the public hearing on October 20, 1992. RESO NO. P93-26 Page 2 At the public hearing of December 1, 1992, the Planning Commission approved Resolution P92.40 approving Temporary Use Permit 92-012 allowing for the continued use of the church until October 1, 1993. k. A duly noticed public hearing was held by the Planning Commission on October 5, 1993, at 7:00 p.m. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon the study and Investigation made by the Planning Commission and on Its behalf, the Commission further finds as follows: a. At the hearing of October 5,'1993, the Planning Commission considered the staff report prepared for this project and received testimony on this proposal. Surrounding homeowners testified that the services conducted at the church still created noise Impacts on the surrounding neighborhood. Additional testimony was related to the church making an effort to comply with the parking requirements. b. The City's General Plan designation for the project site is RS. i I C. Adequate parking to accommodate vehicular traffic to be generated by such use w11F be available. d. The continued operation of the church at this location within the time period specified will not jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare. City staff will monitor the site on a regular basis ensuring compliance with the conditions of approval. SECTION 3. Based upon the foregoing facts and findings, the Planning Commission hereby determines as follows: a. The temporary use permit is consistent with the City's General Plan. b. The project will not adversely affect the health, peace, comfort or welfare of persons residing in the surrounding area; will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located In the vicinity of the site; and will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare to the surrounding community. C. This temporary use permit will not have a significant effect upon the environment under the California Environmental Quality Act. 'd. Based on the testimony from surrounding homeowners, the Planning Commission will not consider the conditional use permit request at this time, granting the project an extension of the temporary use permit to October 1, 1994. During this time, City staff shall monitor the site on a regular basis to ensure compliance with the conditions of approval. 00, RESO NO. P93-28 Page 3 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Santa Clarita, California, as follows: a. Approve Temporary Use Permit 93-016, subject to the conditions of approval listed below: 1. This permit shall be In effect for a maximum time period through October 1, 1994. Continued operation of the use Is subject to further review by the Planning Commission. 2. During operation of the use, members of the church, as required, shall be provided to supervise parking. The applicant shall Insure that there Is no on -street parking situated In front of the surrounding driveways. 3. The applicant shall be responsible for the closure of all entrances into the site following the termination of all services In order to discourage trespassing and loitering. 4. All applicable provisions of the Public Works, Health, and Fire Codes shall be met. F 5. All applicable Codes related to noise In an RS zone shall be adhered to by the applicant. 6. It is further declared and made a condition of this permit that If any condition hereof Is violated, or If any law, statute or ordinance Is violated, b. The Planning Commission hereby declares that upon the termination of this temporary use permit, the continued operation of this use will be considered through the conditional use permit process, whereby, the Item will be re -noticed and the penult shall be suspended and privileges granted hereunder shall lapse. 7. Hours of services shall not exceed 9:00 p.m., unless specific approval Is granted by the Director of Community Development. The congregation shall disperse by 9:30 p.m. 8. It Is hereby declared to be the Intent that If any provision of this permit is held or declared to be Invalid, the permit shall be void and privileges granted hereunder shall lapse. 9. That all requirements of the Zoning Ordinance and the specific zoning of the subject property must be compiled with unless set forth in the permit or shown on the approved plot plan. 10. This approval does not supersede the approvals of any other agency. - 11. The applicant must sign the attached notarized affidavit to confirm the acceptance of these conpitlons. The notarized affidavit then must be returned to the Department of Community Development before approval Is granted. b. The Planning Commission hereby declares that upon the termination of this temporary use permit, the continued operation of this use will be considered through the conditional use permit process, whereby, the Item will be re -noticed and RESO NO. P93-28 Page 4 re -advertised. PASSED, APPROVED AND ADOPTED this 19th dayof October 1993. Dave Doughmanrar4liman Planning Com ss n ATTEST: Lyn". Harris Director of Community Development STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa Clarlta at a regular meeting thereof, held on the 19th day of October 1993 by the following vote of the Planning Commission: AYES: COMMISSIONERS: Doughman, Modugno, Woodrow, and Brathwaite. NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Cherringta wf curre ftm93 9.apV PUBLIC HEARINGS ITEM 3: CONDITIONAL USE PERMIT 92-002 Rich Henderson introduced the item, a Conditional Use Permit to allow for the continued use of an existing church within a Residential Suburban zone. Mr. Henderson gave the Commissioners a brief history of this project. Glenn Adamick gave the staff report. He stated that staff did not receive anything in writing but has been in contact with an adjacent property owner verbally over the phone who indicated they still have concerns with the use of the property particularly with parking and trash. A slide presentation was given. Mr. Adamick stated that since the last hearing on this matter the case planner for this project had changed. Alex Vasquez was the previous planner working on this case. Mr. Vasquez indicated that the church has attempted to comply with all of the conditions that were placed on it. Commissioner Cherrington asked Mr. Adamick to clarify if the church was attempting to comply or if they were complying with the conditions. Mr. Adamick said the use is being operated in an orderly manner in compliance with the conditions that were put on the use. Mr. Adamick said the church has shown an effort to comply with the conditions. Commissioner Cherrington also had a question regarding conditions 15 and 22. He said they were identical except for an appendage at the end of condition 22. Commissioner Cherrington read both conditions. Mr. Adamick said condition 15 would be eliminated. Commissioner Cherrington asked Mary Gayle, Assistant City Attorney, that since this particular Conditional Use Permit has been proposed in recognition of problems that existed in the past, why is it necessary to allow time for remediation should these problems reoccur? Ms. Gayle responded that our present code only allows for revocation of the permit for violations of the conditions. There is only one option and that is to revoke the permit or try to work with the applicant. If you revoke the use, you must follow due process for each violation. Rich Henderson stated it would take a certain time period to get to the Commission for the revocation hearing. Chairman Modugno opened the public hearing at 9:15 p.m. Joe Martinez, 719 South Huntington Street, San Fernando, CA. Mr. Martinez is the pastor of the church. He stated he has complied with everyone concerned, including the neighbors. He has done everything he has been told to do in order that everybody would be happy. He is willing to comply with anything the City wants him to do. Nehemiah Lagos, is a deacon in the church. The church has done everything that has been required of them. If someone parks where they are not supposed to, they send someone over to move the car. They have someone cleaning up the yard seven days a week. Allan Cameron, 27612 Ennismore Avenue, Canyon Country. He spoke in favor of this project. He stated religion shall be free of government interference. He has had the pleasure of stopping outside the church and listening to the music. He suggested the Conditional Use Permit be approved. Chairman Modugno received a written note from Lee Shepherd, who was not able to attend the meeting but wanted to state her opposition to this project. The note was given to all of the Commissioners for their review. Wilma Shirley Kessinger, 24665 Spruce Street, Newhall. She has lived in the area for 25 years. She stated things got better for awhile but ,now they are worse. The noise has continued and the hours for the congregation to leave have not been complied with. There is a lot of noise when the people leave such as horns honking and doors slamming. She says nothing has changed. She said there have been complaints of baby diapers in the street. Carol Farr, 22607 '13th Place, Newhall. She lives a block away from the church. The Sheriffs Station has been called but they do not respond anymore. The noise has subsided some during church hours but when the church dismisses around 9 p.m., that is when all the noise starts. It has been reported that some of the men from the congregation have urinated in plain view of the homes in the area. The neighborhood is really suffering. They are not complying with the parking regulations, Kim Boynton, 22613 13th Street, Newhall. She lives next door to the church. She does not feel that the parking problems have been resolved. There is a problem with trash left in front of the houses and dirty diapers. There was an incident where a chicken came into her yard. She believes the church is "over -capacitated" and breaking fire codes. Grace Reick, 22618 Barcotta Dr., Saugus. She was patient with the noise for a long time, She had tried to talk to the pastor of the church about the noise but he was not cooperative with her. She still owns property in the area. Her tenants tell her that the church is still noisy. Ms. Reick stated this is not a church issue but a noise issue. Elizabeth Price, 28026 Cero Drive, Saugus. Ms. Price's mother resides at 24712 Spruce Street, across the street from the church. She spends a lot of time at her mother's. The church members are still noisy late at night.. Steven Jauregui, 25136 DeWolfe Road, Newhall. Mr. Jauregui's mother lives at 22621 13th Street, next to the church. He concurs as to what has been said by the other neighbors. He feels the church has overgrown its capacity. There are too many people attending the church at one time. It is very uncomfortable for everybody. Barbara Jauregui, 25136 DeWolfe Road, Newhall. The church is not a good neighbor„ Some of the problems her family members have encountered over the past decades are the noise, parking, trash, litter, the infestation problems, public urination and lack of good will; She would like to ask the Commission to postpone this matter until the church can take care of the problems that concern the neighbors. Chairman Modugno asked Pastor Martinez if he wanted to respond. Pastor Martinez stated he has asked staff to check on the church. The church has a man working there seven days a week and men go out every night to police the area. He does not understand the complaint about the diapers because he has men cleaning the area after church service. He would not allow this to happen in his church or in someone else's yard. Food is distributed to people in need. After the food distribution he has the men from the church go and clean up. Commissioner Cherrington stated the same charges have been heard against the church three years in a row. He asked Pastor Martinez that if the Commission votes not to grant the permit, what would the church do? Pastor Martinez answered he would have to go to a higher court, he would have to bring in lawyers. Chairman Modugno did not close the public hearing because he felt that there might be additional information needed. Commissioner Brathwaite asked staff if they were aware of any reports to the Sheriffs Department.: Mr. Adamick stated he could check the records to get this information. He stated that staff advised the residents who complained to give staff a call, He said that no calls were received until the notice was sent out. Commissioner Brathwaite felt that this matter should be looked at in greater detail and not make a decision that evening. Commissioner Doughman stated he had the same feeling and he was frustrated about the extreme difference in the stories reported to the Commission. He suggested there be an extension given to monitor this situation closely and he encouraged the residents to contact staff with complaints or if they had something positive to say. Commissioner Cherrington agreed with Commissioner Doughman. He was disappointed with Pastor Martinez's answer about the disposition of the church if the Commission voted not to extend the conditional use permit. Commissioner Townsley stated that she had listened to tapes from previous meetings regarding this matter. She agreed with Commissioner Doughman. Being a Hispanic woman she would hope that her people would set a good example. She recommended to the neighbors that photographs be taken to prove their stories. Chairman Modugno asked staff what kind of options were available to extend this matter to allow staff to investigate further and to check with the Sheriffs Department. Rich Henderson stated that the temporary use permit could be granted an unlimited number of times. He also said that perhaps the Code Enforcement Officer for the Newhall area could monitor the church. Mr. Adamick said that any time frame from three to six months would allow staff to get the information that was requested. Commissioner Doughman said he would be comfortable with a six month time frame with extensive monitoring by staff. Commissioner Brathwaite also suggested a six month time frame and he also stated he would like to have Pastor Martinez extend an invitation to the neighbors to attend the church to see what is going on inside. Commissioner Cherrington wanted a condition added for immediate notification of the Commission for revocation of the temporary use permit upon violation during the six month period. Mary Gayle said she believed that was possible and she would look in the Development Code to be sure this could be done. Rich Henderson stated that complaints should be made to either Glenn Adamick or himself so that the violations could be documented. Commissioner Brathwaite said that Pastor Martinez should also call if he had something to report. A motion was made by Commissioner Doughman to continue the Public Hearing to a date certain, the second meeting of the Planning Commission in April of 1995. Said motion was seconded by Commissioner Cherrington. The motion was carried on a vote of 5-0. PUBLIC HEARING ITEM 2: CONDITIONAL USE PERMIT 92-002 (MASTER CASE NO. 92-088) - Located at 22603 13TH Street Mr. Rich Henderson introduced the item which is a request from El Bueno Samaritano Foursquare Church to allow continuation of a church within an RS (Residential Suburban) zone. The applicant was granted a Temporary Use Permit in December of 1992 to allow the church to continue its operation until October 1, 1993. Assistant Planner Alex Vasquez gave the staff report and slide presentation. Chairman Doughman opened the public hearing at 7:10 p.m, Reverend Jose Martinez, 22603 13th Street, Newhall 91321, principal speaker for the item, spoke in favor of the issuance of a conditional use permit as requested by the applicant. Gloria Aguilar, 22602 14th Street, Newhall 91321, spoke in opposition to the item. Ms. Aguilar expressed concerns about decay of the neighborhood and noise. Shirley Kissinger, 24665 Spruce Street, Newhall 91321, spoke in opposition to the item and expressed concerns about noise. Carol Farr, 22606 13th Place, Newhall 91321, spoke in opposition to the item and expressed concerns about noise. Reverend Martinez responded to the speakers in opposition by outlining the steps the church had taken to reduce noise levels and to comply with the conditions of the temporary use permit. Lisa Perdon, 2261513th Place, Newhall 91321, expressed her concerns regarding noise. Chairman Doughman closed the public hearing at 7:30 p.m. Commissioner Woodrow asked for information about City staff follow-up of the conditions in the T.U.P. Alex Vasquez told the Commission he had made unannounced visits to the area during church services to monitor the noise level, and determined that the door was closed. He also stated he had met with Reverend Martinez and community members to assist in facilitating resolution of any problems that might be occurring. Commissioner Woodrow stated that there might be a need for a reinforcement of conditions in the T.U.P., for a specified period of time before considering a C.U.P.. Commissioner Cherrington pointed out that the church was not responsible for all the social problems in the area, and that any action the Commission takes on this item will solve only the problems that directly relate to the church. He also stated he was disturbed that many of the statements made in the public input dealt specifically with some of the same problems dealt with when the Commission issued the T.U.P. He stated he would be more inclined to renew the T.U.P., monitor it carefully and reconsider a C.U.P. at a later time. Mr. McOsker stated the Commission had the authority to renew the T.U.P. and select the time period. Commissioner Brathwaite stated he supported the renewal of the T.U.P., and suggested there be follow-up regarding the air conditioning system and whether windows were left open and allowed noise to escape. He suggested that noise abatement criteria be set for noise containment. Chairman Doughman stated that unannounced visits be made to monitor the noise abatement. He also suggested that citizens should call the Planning Department of the City' and advise them of problems which might be occurring. Commissioner Cherrington suggested that a one year T.U.P. might be in order, because of the likelihood that windows would be closed through the winter season. Commissioner Woodrow suggested that it might be appropriate for the church to have somebody in complete charge at all times so that when anything happened that would concern the church's neighbors, that person could immediately attend to any problem. Commissioner Cherrington moved that the staff be directed to return with a resolution for approval of a Temporary Use Permit of one year's duration with monitoring measures during not only the hours of worship from 7:00 p.m. until 9:00 p.m., but also 9:00- 9:30 p.m to assure the prompt and quiet dispersal of the worshipers. The motion was seconded by Commissioner Woodrow, and approved 4-0. At the request of the Commission, Assistant Planner Alex Vasquez translated the motion and action into Spanish for the audience. 2 CITY OF SANTA CLARITA STAFF REPORT MASTER CASE NO 92-088 Conditional Use Permit 92-002 DATE: October 18, 1994 TO: Chairman Modugno and Members of the Planning Com�m,,issionn��� FROM: Lynn M. Harris, Deputy City Manager, Communit el me" n CASE PLANNER:. Glenn Adamick, Assistant Planner Fred Follstad, Associate Planner APPLICANT: El Bueno Samaritano Foursquare Church LOCATION: 22603 13th Street REQUEST: A Conditional Use Permit to allow for the continued use of an existing church within a R -S zone. BACKGROUND This item was before the Planning Commission three previous times in the past two years. At the last hearing on the item (October 1, 1993), the Commission voted to extend the Temporary Use Permit for one year to allow staff sufficient time to monitor compliance with the Conditions of Approval issued for the permit. This permit expired on October 1, 1994. In December 1992, the Planning Commission approved a Temporary Use Permit to allow for the continued use of an existing church in the Downtown Newhall area. Prior to approval, a previous hearing was held on October 20, 1992, to consider the request for a Conditional Use Permit. The Commission had indicated that the Conditional Use Permit request would be re -considered after the Temporary Use Permit (TUP) had expired. Attached to this report are last year's TUP Resolution, Minutes, and previous staff reports ANALYSIS During the past year, staff has made site visits to monitor the applicant's compliance with the conditions imposed by the Temporary Use Permit. During these site visits by staff, none of the conditions of the permit were noted as being in violation. In addition, staff has not received any citizen complaints since last year nor has staff received any written correspondence on the project. Staff has prepared a Resolution and Conditions of Approval should the Commission find it appropriate to approve Conditional Use Permit 92-002. Included are two conditions of note. The first is a ten year time limit for the Conditional Use Permit. The second is a requirement for the installation of sidewalks along the project's frontage. However, the condition defers this installation for five years to allow the church sufficient time to obtain the funding for this improvement. Currently the Community Recovery Agency (CRA) is attempting to obtain Community Development Block Grant (CBDG) funding to install sidewalks, street lights, and gutters in the Newhall area north of Lyons, which would include this parcel If this occurs, the applicant would participate in the funding of this improvement.; Staff recommends that the Planning Commission: Adopt Resolution P94-17 approving Conditional Use Permit 92-002, subject to the attached conditions of approval (Exhibit "B").. LMH:FLF m mmiseio Nmc920BB3. Bf DATE: [[Loll FROM. CASE PLANNER APPLICANT: LOCATION: REQUEST: BACKGROUND CITY OF SANTA CLARITA STAFF REPORT MASTER CASE NO 92-088 CONDITIONAL USE PERMIT 92-002 October 5, 1993 Chatfma�oughrpan and Members of the Planning Commission /1�'�� ��//7de-- /*7 ILW11 Lynn M. Harris, Deputy City Manager, Community Development Alex Vasquez, Assistant Planner EI Bueno Samaritano Foursquare Church 2260313th Street A conditional use permit to allow for the continued use of an existing church within an R -S zone. On December 15,1992, the Planning Commission approved Resolution P92-40 granting a temporary use permit to allow the continued use of an existing church in the Downtown Newhall area. Prior to approval, a previous hearing was held on October 20, 1992, to consider the request for a conditional use permit. At this meeting the Commission continued the hearing to allow staff to meet with the church and the surrounding neighbors to discuss the concerns that were raised at the hearing. As a result of this meeting, conditions were formulated to mitigate noise and parking concerns. The Commission had indicated that the conditional use permit request would be re- considered after the temporary use permit (TUP) had expired. The temporary use permit (92-012) expired on October 1, 1993. ANALYSIS Since the temporary use permit was approved, the zoning on the properly was changed form R-2 to RS (Residential Suburban). Like the old R-2 designation, the RS zone requires a conditional use permit to operate a church within its zone. The applicant has relocated the existing chain link fence along Spruce Street to allow better maneuverability for parking, has attempted to continue mitigating the noise from the services by ending services at 9 p.m. (to comply with a condition of the TUP) and restricting noise outside the church by closing the church's doors, has used the existing swamp coolers to cool the church during Its services. The applicant also has indicated that comfort levels were satisfactory during the summer months. A letter In favor of the project has been received by staff. Since the temporary use permit was Issued, there has not been a complaint submitted to staff. The applicant has Indicated that the number of church members has remained consistent; - approximately seventy (70) persons. A majority of Its members still reside within the Downtown Newhall Area. The applicant has Indicated that services are scheduled four times a week: Monday - 7 p.m. to 9 p.m.; Wednesday - 7 p.m. to 9 p.m.; Friday - 7 p.m. to 9 p.m; Sunday - 10 a.m. to 12 p.m. (Sunday School) and 6 p.m. to 8 p.m. In December, services were scheduled seven times a week. Typically, when additional construction is proposed at a value exceeding 50% of the existing structure, a recommended condition of approval is included that would require an applicant to Install sidewalk Improvements along the project's frontage. Because the applicant is not proposing any additional construction with this proposal, this condition is not Included. However, the applicant has agreed to recommended Condition No. 9 which requires the applicant to construct sidewalk Improvements along the project's frontage but defers these improvements for a maximum period of five years If the applicant agrees to participate In any funding mechanism developed during this time period to construct sidewalks within this area. Presently, Community Development Block Grant (CDBG) funds are being allocated for sidewalk and associated Improvements south of Lyons Avenue In Newhall. The applicant has indicated that a deferment of this requirement would allow the church sufficient time to obtain funding for these Improvements. Staff has also added a recommended condition which would establish a ten (10) year time limit on the Conditional Use Permit. At the conclusion of this time limit, the applicant would be required to obtain the necessary approvals from the City to continue operation. At a site visit on September 28, 1993, staff witnessed the use of a parking attendant, cars parked In an organized method along the site's frontage and away from the neighboring driveways, and minimal noise being created by the service that was taking place. The doors were also closed and it appeared that the swamp coolers were being used. RECOMMENDATION Staff recommends that the Planning Commission: Adopt Resolution P93-24 approving Conditional Use Permit 92-002, subject to the attached conditions of approval (Exhibit "B"). CITY OF SANTA CLARITA STAFF REPORT MASTER CASE NUMBER 92-088 CONDITIONAL USE PERMIT 92-004 DATE: October 20, 1992 TO: Chairm Wo row nd Members of the Planning Commission FROM: Lynn M. "H r�, Di�of Comm nit Development CASE PLANNER: Alex Vasquez, Assistant Planner APPLICANT: E1. Bueno Samaritan Foursquare Church LOCATION: 22603 13th Street REQUEST: A conditional use permit to legalize an existing church within an R-2 zone. BACKGROUND: A building permit for a 975 square foot structure on this property was obtained in 1936. The structure was originally used as a house, and in 1941 the house was converted to a church. At the time when the church began its use, the zoning of the property was M-3 (Unclassified) which allowed the church as a permitted use. In 1956, the church received building permits to expand its use with a second structure approximately 2,750 square feet in size to accommodate larger congregations. On June. 4, 1957, the existing R-2 zoning designation (Two Family Residence zone) became effective. The Code requires a conditional use permit for a church within this zone. At that time, the County established a policy that amortized buildings such as these for a period of 35 years. Under this provision, the church was allowed to continue its legal use without a conditional use permit until the conclusion of this amortization period on June 4, 1992. A complaint was filed against the church on September 20, 1990 for excessive noise during church services. Code Enforcement Officers met with the pastor and informed him of the complaints, and they conducted a noise level test to check for code compliance. The test indicated that there were no code violations as long as the levels did not extend past 9:00 p.m. During this time period, the City received a signed petition from eight neighborhood residents objecting to the volume of noise from the church during services. Approximately a year later, a similiar complaint was filed against the church. The City's Code Enforcement Division inspected the site again, and noise violations were not detected. At this time, the applicant was informed by the City and the Sheriff's Department that a conditional use permit was necessary in order to legally continue the use of the church beyond the conclusion of the amortization period. PROJECT The. proposal is to allow a church within an R-2 zone. The site is presently developed with the following: 1) A 975 square foot building which was previously used as a house, then a church, and is presently a Sunday school facility. 2) A 2,752 square foot building which is presently being used as the church. This structure has an occupancy of 205 persons. 3) An improved parking area which is delineated for 24 standard parking spaces. However, a substandard turnaround area renders some of these spaces difficult to utilize. The parcel consists of 11,250 square feet and is bounded by 13th Street to the south, Spruce Street to the east, a single family residence to the west, and an alley to the north. The entire site is flat. Access to the site is from 13th Street and Spruce Street. The site lacks curbs, gutters, and sidewalks, which is consistent within the project vicinity. The facility is connected to the sewer line. GENERAL PLAN CONSISTENCY: The City's General Plan designation for the project's area is Residential Suburban (RS). The RS designation is intended for typical single family detached homes. Generally, an assembly use could be found to be consistent with the General Plan if the use serves the .immediate vicinity and does not create undue noise or nuisance. SURROUNDING LAND USE/ZONING: The zoning for the site is R-2 (Two Family Residence). A conditional use permit is required to allow a church within this zoning designation. The following table sets forth information as it pertains to the project site and surrounding areas including planning categories, zoning, and land use designations. General Plan Zoning Land Use PROJECT RS R-2 Church North RS R-2 Single family dwelling East RS R-2 Single family dwelling South RS R-2 Single family dwelling West RS R-2 Single family dwelling ENVIRONMENTAL STATUS: The project is exempt pursuant Act Article 19 Section(s) 15301; for existing facilities. INTER DEPARTMENT/AGENCY REVIEW: to the California Environmental Quality 15321; and 15323 which state provisions The project has been distributed to the affected City Departments and agencies. The following comments have been received: 2 _ The City's Engineering Division is ..recommending thatthe applicant construct pavement, sidewalk, curb and gutter in addition to an extra five footirrevocable offer of dedication for the alley along the northern property line. No additional. dedications are required: along Spruce Street and 13th Street.. ,. The City's Traffic Division has stated a concern .regarding theexisting ten parking spaces adjacent to the alley because they back into the right-of-way. ANALYSIS: Although the present zoning designation of the projectand its vicinity is R-2,the majority of the :surrounding uses are single family residential. The City's Unified Development Code has designated this area as RS (Residential Suburban) which is consistent with the existing single family residential development. As previously discussed, the City has received complaints about the church for excessive noise. This issue was first brought to the.. City's attention through a complaint filed with the City's Code Enforcement Division. After investigation, staff determined that the church is required. to. obtain. a conditionaluse permit to allow the .continuation ofthe existing use, as the previous right to use the site for a church expired on June 4, 1992. The applicant was notified in August of 1991 to submit a conditional use permit within the next ten months. On May 20, 1992, the applicant submitted the application for a conditional use permit. The site includes 24. parking spaces.. A Site visit on Sunday,. September 20„ 1992 indicated approximately 125 persons had attended the service. The amount of persons warranted the need to use on -street parking. At the time of the site visit, there were two church members in charge of directing traffic onto the site and directing on -street parking. The applicant has submitted a schedule of services (attached) which indicates that services are held daily starting' at: 7:00 p.m. The applicant has indicated that most of the members of the church rideshare or walk to the services since most live in close proximity to the church. The applicant has submitted a list of seventy (70) members (attached). Sixty-four of these members live in downtown and east Newhall. A City Building Inspector visited the site to review any neccessary building improvements which would be associated with receiving an occupancy permit from the City. The inspector cited 15 different corrections which needed to be resolved. The applicant has agreed to comply with all these improvements. Staff recommends that the Planning Commission: 1. Deny Conditional Use Permit 92-002; and, 2. Direct. staff to prepare a resolution of denial. for the project for the next regularly scheduled meeting. -OR _ 1, Instruct the Director to issue a one year temporary use permit along with appropriate conditions of approval to mitigate the neighborhood concerns in order to allow the applicantthe opportunity to relocate. CITY OF SANTA CLARITA STAFF REPORT Master Case Number 92-088 Conditional Use Permit 92-002 DATE: December 1, 1992 TO: Chairman Woodrow and Members of the Planing Commission FROM: Lynn M. Harris, Director of Community Development ke 67 CASE PLANNER: Alex Vasquez, Assistant Planner APPLICANT: EI Bueno Samaritano Foursquare Church LOCATION: 22603 13th Street REQUEST: A conditlonal use permit to allow for the continued use of an existing church within an R-2 zone. BACKGROUND On October 20, 1992, this case was brought to the Planning Commission for consideration. At this meeting, the Planning Commission continued the Item to a date uncertain to allow staff, the applicant, and residents surrounding the property the opportunity to meet and discuss the concerns that were raised at the public hearing. The Commission requested that staff mediate between the church and the surrounding neighbors In order to develop conditions of approval which would mitigate the concerns that were cited. These conditions would be Issued with a temporary use permit for a limited time period established by the Planning Commission. This would provide the opportunity for the church and the neighbors to establish a "good neighbor, relationship.. The Commission Indicated that the conditional use permit would be considered after the termination of the temporary use permit and subject to the relationship established during this time. ANALYSIS On October 28,1992, staff facilitated a meeting between representatives of the church and residents surrounding the property in order to further discuss the concerns cited at the public hearing. Concerns Included noise and parking. At this meeting, the church agreed to cooperate on those Issues brought up by the residents. The applicant has agreed to continue providing a parking attendant to direct parking during services. The parking attendant would be responsible for discouraging parking which could block adjacent driveways. In addition, the applicant has agreed to relocate the existing fence along the eastern property line an additional four feet from Spruce Street In order to Improve the maneuverability on the existing on -street parking. This would widen the soft shoulder that presently exists from eight feet to twelve feet and make parking more practical. The applicant has Indicated that they will make an effort to terminate all music from the services by 9 p.m. In addition, the applicant has agreed to close all entrances Into the she following the termination of services in order to discourage unnecessary noise and loitering. A site visit was conducted by staff on November 11, 1992 during a weekday service to determine � eF' whether the church had responded to the noise concern of the residents. A noise meter survey was conducted and compared with the survey which was previously prepared. The recent survey Indicated that the decibel level during music playing was decreased. The decibel levels did not exceed those allowed In the noise ordinance. Staff has reviewed the recommended conditions with the church and the residents. As of November 19, 1992, there were no additional concerns cited. Staff has also contacted the neighbors who have been involved regarding this meeting. Staff believes that the attached conditions reflect the Issues brought up at the October 28, 1992 meeting between staff, the church and the residents. RECOMMENDATION Staff recommends that the Planning Commission: Approve Temporary Use Permit 92-012 subject to the attached conditions of approval, which will Include a specific time period as granted by the Commission; and , 2. Direct staff to prepare a resolution approving T.U.P. 92-012 for the Commission's consideration at the next regularly scheduled meeting; and, 3. Instruct the Director to execute the approval. curran1%cup92-04.apv City of Santa Clarita 23920 Valencia Blvd. Phone Suite 300 (805) 259-2489 City of Santa Clarita Fax California 91355-2196 (805) 259-8125 October 26, 1994 Reverend Jose Martinez El Bueno Samartino Foursquare Church 22603 13th Street Santa Clarita, CA 91321 RE: Master Case 92-088 Conditional Use Permit 92-002 Temporary Use Permit 92-012 Dear Rev. Martinez: On October 18, 1994, the Planning Commission heard the above referenced item. Following public comment and deliberation, the Commission voted to extend the temporary use permit from October 1, 1994 to April 18, 1995. All of the conditions of approval of Temporary Use Permit 92-012 shall remain in effect. Prior to the meeting of April 18, 1995, the item shall be re -noticed to surrounding property owners.. At this meeting, the Commission shall again consider the conditional use permit application. During the six month extension, City staff will be conducting unannounced visits to the site to ensure conformance with the conditions and to monitor site activities.. If any provision or condition of this permit is violated, the permit will be suspended and the item will be scheduled for the next available Planning Commission meeting for revocation proceedings. Thank you for your cooperation and if you have any questions concerning this letter please feel free to contact Glenn Adamick, Assistant Planner, at (805) 255-4330. Sincerely, Lynn M. Harris Deputy City Manager Community Development Rich Henderson City Planner RAH:GIW PRINTED ON RECYCLED PAPER CITY OF SANTA CLARITA m `_`EL_ BUEN SAMARITANO" - NEWHALL - November 07, 1994 q VtM Dear Mrs. Donna Grindey: (City Clerk) We wish to apeal the Planning Commission decision to only give us a temporary permit. We feel we have earn the right to operate in our location for a least the next ten years. We have come before the Planning Commission three times to give us permanent permits, these are our reasons for witch we should have a permanent permits. 1.- We have done everything the Planning Commission have ask us, every time. 2.- No complaints were received by the City about our Church. In this past year 1993. 3.- The Planning Commission did not listen to the good people that attend and need this Church. 4.- The Planning Commission did not listen to City own staff people who have monitor the Church and know we deserve a permanent permit. 5.- The Planning Commission listen to people who did not live near the Church but who complained about the Church. One person complained about rats, there are none; I had Exterminator Company come and check the Church for rats, roaches or any such. Certificate attached. We have spent thousands and thousands of dollars to get our permits'�lijaseapprove our permanent permit. Is thereny^way you could get us any money back so we can continue thWword of God? . S AR?-Tose iince ly, Ma e z cc:Lynn Harris El Buen Samaritan Foursquare Church The Rev.. Jose Martinez, Pastor 22603 13th Street, Newhall, California 91321 • (805) 259-4%1 \ -�s 0 \ \ a ai City of Santa Clarita George Pederson Mayor Jo Anne Darcy Mayor Pro Tem Carl Boyer Councilmember Jan Heidt Councilmember Hamilton C. Smyth Councilmember 23920 Valencia Blvd. Suite 300 Santa Clarita California 91355 -2196 November 10, 1994 Phone (805)259-2489 Fax (805) 259.8125 El Buen Samaritano Foursquare Church Rev, Jose Martinez, Pastor 22603 13th Street Santa Clarita, Ca. 91321 Dear Rev. Martinez: We are in receipt of your appeal of the Planning Commission's decision to give you a temporary permit. The notice of public hearing will be placed in the local newspaper 21 days before the hearing. The City Council will hear your appeal on Tuesday, December 13, 1994, at or about 6:30 p.m. If you have any questions, please feel free to contact us. Sincerely, onna M. Grindey, CMC City Clerk c .W -d -g PRINTED ON RECYCLED PAPER CITY OF SANTA, CLARITA 23920 VALENCIA BLVD.. SUITE 300 • SANTA CLARITA 91355 18051 259-2489 C!I►SM_RECEIF!T DATE: RECEIVED OF:�/L1�. ADDRESS: CITY 6 ZIP: PHONE NO: ( ) Ul�iDRIVERS LICENSE NO RNiO � . NO `TOTAL AMOUNT ��s as I I I I I i i I l i i I 1 I I O' CASH ECK N0 .:=2 • ,S loo Iri 1 60.0 1 CFNTS W4!W4! AECEIOT-`104`016G(I '" r/n mveo er DEPARTMENT COPY / csc 006