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HomeMy WebLinkAboutItem 2RESOLUTION NO. 1843 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -12 FOR THE ARCADIA PRESBYTERIAN CHURCH TO OPERATE A MUSIC SCHOOL IN THE EXISTING EDUCATION BUILDING AND LIBRARY AT 121 ALICE STREET, AND TO CONVERT A COUNSELING CENTER BACK INTO A SINGLE - FAMILY RESIDENCE FOR CHURCH STAFF OR CHURCH MINISTRIES AT 700 S. FIRST AVENUE. WHEREAS, on July 5, 2011, an application was filed by Mr. Jerold Haserot, representative of Arcadia Presbyterian Church at 121 Alice Street to permit a music school in the existing education building and library at 121 Alice Street, and to change the use of a counseling center back to a single - family residence at 700 S. First Avenue; and WHEREAS, a public hearing was held by the Planning Commission on October 11, 2011, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated October 11, 2011 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed music school and residence are consistent with accessory uses typically associated with churches and the uses will be in existing facilities. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Conditional Use Permits are authorized by the Arcadia Municipal Code for churches and related activities in R -3 zones, which is the zoning of the existing education building and library in which the proposed music classes will be held as an accessory use of the existing church. Conditional Use Permits are also authorized for residential uses in commercial and industrial zones, which include mixed -use zones. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The music school and re- conversion of the counseling center to a residence will not require the construction or expansion of any buildings, and the existing circulation and parking are sufficient to meet the needs of these uses. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. First Avenue and Second Avenue are collector streets to the west and east, respectively of the subject property, and provide adequate access to the site and its two parking Tots which have their primary accesses from Alice and Genoa Streets, which are local roads that are capable of carrying the traffic demand of the proposed uses. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The music school will be at existing buildings located on property designated for multiple - family residential use, but such an activity as an accessory use to a church is permissible by an approved Conditional Use -2- 1843 Permit. The residential use of an existing residential building on property that is designated for mixed use is acceptable provided such use is accessory to the existing church use and approved by a Conditional Use Permit. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -12 to permit a music school in the existing education building and library at 121 Alice Street, and to change the use of a counseling center back to a single - family residence at 700 S. First Avenue, subject to the following conditions: 1. The music school shall remain accessory to the main church use and shall be limited to a maximum of 150 students. Classes shall not be offered outside the hours of 9 a.m. to 9 p.m. Music instruction will be held indoors and limited to the education building and library. 2. The proposed residence at 700 S. First shall be used for church staff or church ministries. It shall not be rented to non - church related staff or use, and shall not be enlarged. There shall not be more the four (4) residents at any one time, and the residence shall at all times be in full compliance with all building, fire, and housing codes. 3. Approval to use 700 S. First Avenue as a single - family residence will be nullified upon sale of the property by the Arcadia Presbyterian Church. If the property is sold, it then must be used in accordance with the zoning regulations applicable at that time. 4. All City requirements regarding disabled access and facilities, occupancy limits, building safety and emergency equipment shall be complied with to the -3- 1843 satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -12 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the music school. 6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 7. Approval of CUP 11 -12 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. -4- 1843 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2011. Chairman, Planning Commission ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney -5- 1843