PLANNING COMMISSION MEETING DATE:
JANUARY 16, 2024
SUBJECT:
Title
A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A PLACE OF ASSEMBLY LOCATED AT AN EXISTING RESIDENCE WITHIN THE ESTATE (R-1-20) ZONE.
CASE NUMBER:
CONDITIONAL USE PERMIT (CUP) 22-0003
Body
Recommendation
Recommendation
ADOPTION and APPROVAL of the following, in the order set forth below:
1. ADOPT Notice of Exemption (EX23-060); and
2. APPROVE Resolution No. PC 23-5081 (Conditional Use Permit CUP22-0003) to allow a small place of assembly at an existing residence located in the Estate (R-1-20) Zone.
Body
Introduction
The project site is a 2.59-acre parcel in the Estate (R-1-20) zone located at 3394 Linda Vista Drive. Currently, the property is developed with a single-family residence, a second dwelling unit, and detached garage. The proposed project (CUP22-0003) would allow limited assembly onsite, construction of an ADA-compliant restroom, expansion of the shared driveway to a consistent 24-foot width, and allowance of the existing improvements that include a paved parking area, two patio covers, and a garage conversion with a 675 square-foot addition.
Discussion
The project site was previously developed while in the County of San Diego’s jurisdiction, with a 2,045 square-foot main residence, 1,805 square-foot second dwelling unit, and 1,500 square-foot detached garage. In 1988, the property was annexed into the City as part of a larger annexation that generally expanded the city’s western boundary to be contiguous with the city of Vista, along Poinsettia Avenue. The project site is located on the ridgeline of a small hill and has been graded with an upper and lower terrace. The upper terrace contains the main residence, second dwelling unit, and garage; the lower terrace, approximately six to 10 feet below and separated with a retaining wall, contains a graded pad. A review of historic aerial images shows that the lower terrace has been used for vehicle parking and storage since the property was originally developed. Aggregate base was added to the lower terrace parking area in approximately 2002, with the surface being paved around 2012. The property was acquired by the Bodhi Hill Buddhist Center (Chua Vien Quang) in 2011 and used as a residence of approximately three to six Buddhist monks and nuns. Without a place of assembly, the residential use of the property is consistent with the Estate R-1-20 zone and does not require a use permit.
The project would permit the existing and proposed improvements to the property to allow limited assembly in conjunction with the continued use of the other structures as residences. The existing improvements to be permitted include the conversion of the existing 1,500 square-foot garage into a place of assembly (Chanting Hall), a 675 square-foot addition to the existing garage (2,175 total square-feet), two patio covers (805 and 1,344 square-feet), and a paved 25-vehicle parking lot. Proposed improvements include a 313 square-foot ADA-compliant restroom addition to the second dwelling unit, replacing the existing restroom, and expansion of the existing shared driveway to maintain a minimum 24-foot width from Linda Vista Drive to the project site.
The proposed onsite assembly would be limited to no more than 25 people and occur on Sunday. Sunday assembly activities would include a service in the Chanting Hall from 11:00 am to 12:00 pm, followed by a communal meal from 12:00 to 1:00 pm, served outdoors on the proposed patios. Preparations before and after services would extend activity at the Center from 10:00 am to 2:00 pm. Additionally, the Chanting Hall would be available to the public for private prayers, mantra chanting, or similar private uses unrelated to an organized service on Tuesdays through Saturdays from 7:00 pm to 8:00 pm. The center would be closed to the public on Monday.
Three special occasion events occur each year: Lunar New Year (generally in February), Buddha’s Birthday (April/May), and Rose Ceremony (July/August). The date of these events is not fixed, as the observance of each event is not based on a Gregorian calendar. During special occasion events, attendance at the center will exceed 25 people. To minimize impacts to surrounding properties, the center is required to obtain a Special Event Permit from the City. The permit will provide the City an opportunity to review and coordinate different aspects of the event with the applicant (i.e. outdoor activities, timing, parking/ transportation, etc.). Additionally, the permit will identify the person responsible for the event, create a mechanism to ensure that future events implement measures to address any past issue, and assist in any enforcement actions that may be necessary. The center may also request a Special Event Permit for unplanned events (i.e. memorial service, special prayers, etc.).
A total of up to 27 existing parking spaces are provided onsite, 25 on the lower terrace and two ADA-compliant spaces located on the upper terrace. The 25-person occupant limitation on assembly, in combination with the limited size of the assembly area within the Chanting Hall, will ensure that adequate onsite parking. In compliance with San Marcos Municipal Code (SMMC) Section 20.340.040, parking must be provided at a ratio of one space per 50 square-feet of assembly area. The 2,175 square-foot Chanting Hall has a 675 square-foot vestibule/lobby and approximately 330 square-feet of the assembly area is unoccupied space reserved for statues and other fixed displays, leaving a net assembly area of 1,165 square-feet requiring 23 parking spaces. Due to the limited size and scope of the project, electric vehicle (EV) parking is not required by the City’s Climate Action Plan (CAP) or the California Building Code. Permitting the existing paved surface of the lower terrace parking lot requires the installation of a stormwater treatment system. The modular unit proposed in the southwest corner of the parking lot will utilize specialized soil media and vegetation to treat runoff before it enters the existing private storm drain. Additionally, a 6-foot-tall privacy fence will be installed along the south side of the parking lot, screening the parking area from the adjacent residence.
Access to the site is provided via an existing 445-foot-long shared private driveway from Linda Vista Drive. As part of the project, the paved surface of the driveway will be widened to a consistent 24-foot width, in conformance with the City’s fire access standards for two-way traffic. The driveway is shared with two existing residences on the east side and two vacant lots with agricultural uses on the west side. Improvements to the private driveway, including limits on speed, have been coordinated among the easement holders.
The site is zoned Estate (R-1-20), and a place of assembly is allowed in the R-1-20 zone with approval of a Conditional Use Permit (CUP). The application for this CUP was the result of complaints from neighbors who share the driveway, received when onsite assembly began to occur. A notice of violation (NOV) was issued, and onsite assembly activities were suspended while the applicant pursued permits to remedy the situation. Since the time of the initial NOV, there have been instances of assembly that have occurred, and additional enforcement actions have resulted.
The center has a plan to relocate to a larger 7.41-acre site west of the current project site, off Poinsettia Avenue in the Business Park (B-P) zone. The center has filed a separate application for the larger Poinsettia project, which is not associated with this project. When the larger Poinsettia project is developed, assembly functions will be moved to the larger Poinsettia site, and all access to the new facility will be from Poinsettia Avenue. This project site, at 3394 Linda Vista Drive, is expected to be used as a residence starting from that time. As a result, this CUP has been limited to an initial term of five years, with an option for an administrative extension for another five-year term, to allow the center to operate while they obtain permits for the larger Poinsettia project and complete its construction.
Environmental Review
In accordance with the California Environmental Quality Act (CEQA), the project was evaluated for environmental impacts and determined to be Categorically Exemption, pursuant to CEQA Section 15301, Class 1(e) (Minor Alterations and Additions). A Notice of Exemption (EX 23-060) was prepared for the proposed project and has been included for adoption.
Public Comment
After the circulation of the notice of application, the City was contacted by a number of residents inquiring about the project, primarily from the Palomar Estates East mobile home park that is located approximately 465 feet away from the site but is within the 500 foot public noticing boundary. Most inquiries sought information without expressing an opinion. However, residents in the nearby Arbor Ranch neighborhood (Lone Pine Lane) and property owners sharing the Center’s driveway identified noise issues associated with outdoor chanting. To address this, the applicant will conduct all chanting indoors, within the Chanting Hall or other onsite structures. The Conditional Use Permit (CUP) requires that all activities, except communal dining, occur within structures, prohibiting outdoor chanting. The CUP requires that the applicant implement measures to ensure compliance with the City’s Noise Ordinance for any onsite noise. This includes preparing a noise study to show that the construction methods of the Chanting Hall will sufficiently attenuate noise to the maximum daytime level of 60 dBA at the property line, which is roughly equivalent to the noise from an air conditioning unit. The nearest residence to the door of the Chanting Hall on Linda Vista Drive is approximately 250-feet away and the nearest residence in the Arbor Ranch neighborhood is approximately 550-feet away. Neither of these residences provided comments related to noise or outdoor chanting.
Adjacent property owners along the shared driveway also contacted the City with concerns related to parking and traffic impacts during special occasion events, vehicle speeds on the shared driveway, and future maintenance obligations of the driveway potentially created by the added vehicle trips from the place of assembly. City staff met with residents about these concerns, and conditions were added to the CUP to require a Special Event Permit to monitor and correct noise, traffic, parking (to be provided offsite with group transportation to the project site), or other issues during events and to support corrective actions when needed. The applicant is also required to provide notification to the property owners and residents of properties sharing access with the center two weeks prior to a special occasion event.
The applicant has also been coordinating directly with the easement holders on speeding concerns related to the private driveway. As part of that coordination, it was requested that the applicant install one or more speed bumps on the private driveway to slow traffic, which cannot be allowed due to the impact of speed bumps on emergency vehicle response times. The applicant further considered “speed cushions” that provide traffic calming without impacting emergency vehicle speeds, but the driveway is too steep to allow their use. All speed cushions/bumps can be installed on a maximum grade of 7%, while the existing driveway grade is 10%. Per the manufacturer’s recommendations, the installation of speed cushions on a grade that exceeds the operational limits can result in damage to, or the loss of control of, vehicles. Therefore, although speed bumps/cushions would not be allowed on the private driveway, the applicant and easement holders have agreed upon other traffic control measures. The CUP conditions of approval require the applicant to install speed warning signage onsite and along the shared driveway, be responsive to the complaints of easement holders, and regularly inform Center visitors to use low speeds on the shared driveway.
Attachments:
1. RESOLUTION NO. PC 23-5081 (CUP22-0003) - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN MARCOS APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A PLACE OF ASSEMBLY, LOCATED AT AN EXISTING RESIDENCE WITHIN THE ESTATE (R-1-20) ZONE.
A. Vicinity Map
B. Requested Entitlement
C. Site & Project Characteristics
D. Notice of Exemption (EX23-060)
E. Statement of Operations
F. Project Plans
Prepared by: Sean del Solar, Senior Planner
Brad Holder, P.E., Associate Civil Engineer
Corina Flores, Assistant Planner
Reviewed by: Scott Nightingale, Principal Planner
Stephanie Kellar, P.E., Deputy City Engineer
Submitted by: Joseph Farace, Planning Division Director