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HomeMy WebLinkAboutPlanning Commission Staff ReportCITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant/ Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 4 January 10, 2011 PUBLIC HEARING — ZONE VARIANCE TO ALLOW PARKING SPACES AND LIGHT POLES IN THE FRONT YARD SETBACK AT AN EXISTING CHURCH LOCATED AT 125 PALM AVENUE. 2010-35 Z Palm Avenue near Division Street 564-391-05 Michael Fellows Misael Zaragoza / Apostolic Assembly of the Faith in Christ Jesus Corporation IP (Private Institutional) I-805 / OS I-805 / OS Army National Guard Armory / IC Single-family and multi family residential uses / CL Categorically Exempt pursuant to Class 4 Section 15311 (b) (Accessory Structures) BACKGROUND Site Characteristics The Apostolic Assembly church is located at 125 Palm Avenue adjacent to Interstate 805 and the National Guard Armory to the south. The irregularly shaped, 1.27 acre property is zoned Private Institutional -Planned Development (IP-PD). It has almost 490 feet of frontage on Palm Avenue, and it narrows from approximately 250 feet at its south end to just 48 feet at its north end. It also gently slopes down from south to north. It is developed with a two-story, 16,000 square foot church building, and a 63-space parking lot. There is also a 25-foot wide landscape strip along the property's frontage with Palm Avenue. There are two driveways accessing the property from Palm Avenue, one at the north end and one at the south adjacent to the Armory. Interstate 805, which gently curves around the property, is located to the east and north. There are single-family homes and apartments in the Limited Commercial (CL) zone west of the site across Palm Avenue, and as previously noted the National Guard Armory is south of the site. History • CUP-1981-5 Approved construction of a 16,280 square foot, two story church • Z-1-81 Approved a Variance to allow reduction in the number of required off-street parking spaces from 96 to 63 spaces in conjunction with the development of the church. • Z-13-83 Approved a Variance application for a 6-foot high fence located in the front yard setback. • Z-2001-01 Incomplete application to allow parking in the front yard setback • CUP-2003-11 Approved a charter school located inside the church building • CUP-2006-9 Approved, but not exercised, for the construction and expansion of a charter school, including paving of front yard at the church. • 2008-29 M1, CUP-2003-11 Approved installation of a modular building for the charter school at the church. Proposed Use The applicant proposes to expand the existing church parking lot (11 parking spaces and two light poles) by 2,624 square feet into a landscape area located along the west property line adjacent to Palm Avenue in the front yard setback. A five foot strip of landscaping with four palm trees would be installed along the west property line. Analysis The applicant is required to apply for this Variance to commence the proposed project since the Land Use Code does not allow parking spaces or accessory structures (light poles) in the front yard setback. Properties located in the IP zone typically require a 10- foot setback. In this case, the setback is 25-feet due to a Specific Plan (SP 1472) for the future expansion of Palm Avenue. The Engineering Division has indicated that there are no plans to widen Palm Avenue in the near future. In 2008, The Planning Commission approved the installation of modular buildings on the subject property for the operation of Integrity Charter School. The school has since relocated, and the modular buildings have been removed. The area previously occupied by the buildings has no vegetation, and is where the applicant proposes to pave. The church was approved for a Zone Variance (Z-1-81) that allowed it to be constructed with 63 parking spaces, 33 parking spaces less than Code requirements. Approval of the current Variance application would net the church six additional parking spaces, bringing the total number of approved parking spaces to 69. The applicant has expressed a need for the additional parking. The two proposed light poles would be 21 feet tall, located three feet from the front property line, with lights oriented towards Interstate 805 (away from residences across Palm Avenue). Existing landscaping around the church building is mostly well maintained. There is a grassy area located between the church building and Palm Avenue. Potted palm trees are located around the church property and in a landscaped area near the church entry. Approval of this Variance will reduce landscape area by 2,264 square feet on the property that has already been reduced by paving without approval. Specifically, the area occupied by parking spaces 33-39 on the site plan was approved as a landscape area, and a rectangular area located near the playground was landscape. Both locations are now paved. Furthermore, parking spaces 33-39 do not meet City Code requirements. The church was originally constructed with a trash enclosure, as required by City Code. The enclosure has since been removed. Staff requests the applicant construct a trash enclosure to contain the dumpster located at the site. Conditions of Approval Planning Division requests the applicant be required to submit a revised site plan, approved by the Planning Division, prior to issuance of grading permits or building permits. The site plan should reflect new landscaping and planters on the property, a trash enclosure, and parking spaces 33-39 to standard parking dimensions or returned to landscape area. The Variance will expire and building permits not finaled until all improvements on the site plan are completed. Also, a Condition has been added that the parking lot lights will be adjusted so the light is directed to fall on the church premises only, and the new parking spaces located in the front yard setback shall not be considered for any future expansion of the church including: new construction or seating capacity. This Condition is necessary since the parking spaces will be eliminated when Palm Avenue is widened. Engineering Division added Conditions that require the applicant submit a grading and drainage plan and obtain a construction permit prior commencing the project. Also, that the owner acknowledges that structures placed in the setback area must be removed when Palm Avenue is widened and shall be responsible for the cost. Building Division is requiring the applicant obtain a building permit for the installation of the light poles to current Building and Fire Codes. Summary While reductions of landscape area should be avoided, the reduction seems justifiable given the increase in parking spaces on the under parked site. Furthermore, the existing landscape around the church building will remain. Lastly, the landscape area proposed to be paved is not visible from Palm Avenue since there is a 6-foot high wall along the property line. RECOMMENDATION Approve 2010-35 Z subject to the conditions listed below, based on attached findings; or ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Notice of Exemption 5. Public Hearing Notice (Sent to 21 property owners) 6. Site photos 7. Applicant's Plans (Exhibit A, case file no. 2010-35 Z, dated 11/24/2010) dtlow MICHAEL FELLOWS Planning Technician ARYAM B Development Services Director RECOMMENDED FINDINGS FOR APPROVAL 2010-35 Z, 125 Palm Avenue. 1. Because of special circumstances applicable to the property, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the narrow width of the lot reduces useable lot area proportionally greater than other properties located in the IP zone. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the triangular lot has more property restricted by the front yard setback than a standard shaped lot of the same square footage. 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since parking lots are an allowable use or activity in the IP zone. RECOMMENDED CONDITIONS OF APPROVAL 2010-35 Z, 125 palm Avenue. General 1. This Zone Variance authorizes the expansion of a parking lot (paving and light poles) in the front yard setback at an existing church located at 125 Palm Avenue. Plans submitted for approvals shall be in substantial conformance with Exhibit A, case file no. 2010-.35 Z, dated 11/24/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 5. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 6. Obtain a building permit prior to installation of the light poles. Engineering 7. The owner understands that any structure placed within the setback area may be removed or relocated in the future for street widening purposes. 8. The owner shall be responsible for the cost of removal and/or relocation of all structures placed in the setback area by the owner or their contractor, developer, or leasers. 9. The owner shall submit a grading and drainage plan for the construction of the parking facility and obtain a construction permit from the City Engineers Office. Planning 10. The applicant shall submit a revised site plan approved by the Planning Division prior to the issuance of grading permits or building permits. The site plan shall reflect new landscaping and planters on the property, a covered trash enclosure, and parking spaces 33-39 to standard parking dimensions or returned to landscape area. 11. This Variance shall expire one year from the approval date if the improvements described in Condition #10 are not installed to the satisfaction of the Planning Division. Additionally, no building permit shall be finaled until improvements in Condition #10 are completed. 12. Parking spaces located in the front yard setback cannot be counted towards the expansion of the church with regards to new construction, seating capacity, etc. since expansion of Palm Avenue will eventually require removal of the spaces. 13. Light from the Tight poles shall be shaded and adjusted to fall only on church property.