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HomeMy WebLinkAbout5154 1 RESOLUTION NO. 5154 APPROVING THE DECISION OF THE PLANNING COMMISSION AND DENYING THE APPEAL CONCERNING CONDITIONAL USE PERMIT 83-16 WITH FINDINGS WHEREAS, an application was filed by parkview Christian Church to allow operation of a church and church-related activities, Planning Department Case No. CUP 83-16, on property commonly known as l4l West Las Tunas Drive, more particularly described as follows: Lot 30 of Tract 13540 as per Map recorded in Book 277, Pages II and l2 of Maps in the Office of the County Recorder of said County WHEREAS, a public hearing was held by the City Planning Commission on September l3, 1983, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, pursuant to a review of the record including staff reports and the submittal of testimony, the Planning Commission denied subject Conditional Use Permit pursuant to Planning Commission Resolution No. 1245; and WHEREAS, applicant appealed the decision of the Planning Commission to the Arcadia City Council; and WHEREAS, on October 18, 1983, the City Council conducted an initial public hearing on the appeal; and WHEREAS, at the conclusion of the public hearing of October l8, 1983, a tentative decision was rendered subject to the . clarification of certain issues related to parking, and to resolution of certain legal issues including the ability to legally limit the Conditional Use Permit to this particular applicant; and WHEREAS, applicant (appellant) and his attorney acknowledged that the City Council decision would not be considered final unless and until the appropriate resolution was enacted; and 5154 WHEREAS, substantial concern was expressed regarding onsite parking to accommodate a church and church-related use; and WHEREAS, at the City Council Meeting of November l5, 1983, similar concerns were expressed by the City Council and a motion was passed to defer any formal resolution and reopen the hearing; and WHEREAS, as a matter of continuing jurisdiction without having passed any resolution and therefore made any final decision, the parties were renoticed and the continued public hearing scheduled for December 6, 1983; and IffiEREAS, a public hearing was conducted on December 6, 1983 at which time applicant (appellant) appeared and was heard; and WHEREAS, staff reports were rendered as part of the hearing process and other testimony taken; and WHEREAS, as part of the record of this proceeding the City Council reviewed and considered: a. All staff reports and related attachments, and exhibits submitted by the Planning Department to the Planning Commission and City Council. b. The record of the Planning Commission hearing regarding CUP 83-16. c. Written communications submitted by the applicant and his attorney. d. Legal advice of the City Attorney. e. All oral presentations made during the public hearings of October l8, and December 6, 1983; and WHEREAS, a complete review of the record including the rendition of legal advice regarding certain issues raised at the November 15, 1983 hearing was not completed until the conclusion of the December 6 hearing; and WHEREAS, the attached correspondence and affidavit (Exhibit A incorporated as part of this resolution) is an administrative action by staff and not a part of the Councils action or reflective of any final decision of the City Council which decision is rendered pursuant to this resolution. -2- 5154 NOW, THEREFORE, the City Council of the City of Arcadia does hereby resolve as follows: SECTION 1. Conditional Use Permit 83-16 is hereby denied consistent with the aforementioned and the following findings: SECTION 2. Findings. a. Churches are permitted uses in most zones of the City subject to a Conditional Use Permit which is required because such uses are not allowable as a matter of right due to incompatibility with uses which are permitted in the zone including but not limited to special problems that can accompany these uses such as traffic and parking. b. Concerning Conditional Use Permit 83-16, the site for the proposed use is inadequate to accommodate said use and is detrimental to the welfare of the vicinity due to inadequate parking because of: (l) The nature of church and church related use and its potential as discussed in the record of this proceeding and as officially noticed in this proceeding. (2) Inconsistency with minimum parking guidelines which would require at least l2 spaces for 50 persons as to uses less intensive than a church facility. Applicant has provided nine (9) spaces with limited area to expand. if any. I (3) The nature of the proposed use in relation to nine (9) parking spaces can contribute to congestion, parking problems, possible traffic problems and other related problems to the neighborhood. (4) Limiting the scope of the use through a condition limiting the CUP to this particular applicant and/or the application of various conditions to enforce limitations on the scope of the use and to police these conditions is not feasible. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held.on thedO~ay of ~~- , 1983, by the affirmative vote of at least three Councilmen, to wit: -3- 5154 AYES: NOES: Councilmen Dring, Hannah, Lojeski, and Pellegrino ABSENT: ABSTAINED: Councilman Haltom ~~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 20tWay of December .1983 . . Mayor of Arcadia ATT'~ City Clerk (SEAL) -4- 5154 ..;,.,SrY Oi"l: !i~'~_.\~ .~/Or~' u ~ ~~ ~~ .' AJU:'~D1A '. . 'W!~". .. "\:'0 ,~7' ,-,,~~~!.,'~'., ~ CLJ rcb~ J _/ r:\~ /' r L--:~tcac~ca CITY COI;~CIL [)E~~IS .\, LOJESKl :\1 A \,C)f{ llAYID S. 11.-\;>;:-IAII ~1A n)R I'HO TE~11'()HE .JEFFRF:Y A, Dlll:-l(; lllClL\RD A, HALTO~I DONALD D, PELLC:GIU~() CHRISTINE VAN ~IAA~E~ err\" <:1 ERr.: 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA 91006 (213) 446-+171 . 681-0276 [,EOlU;!: I. \\'..\TTS (In \\,\:\,\f;IR October 21. 1983 Dr. John GOl:tuso Parkview Christian Church P.O. Box 3081 Arcadia, CA 91006 Subject: C.U.P. 83-16 Dear Dr. Gol:tuso: The Citv Council, at its October 18, 1983 meeting, approve~ your request for a Conditional Use Permit (C.U.P. 83-16) to operate a church at 141 West Las Tunas Drive. This Conditional Use Permit was approved with specific conditions of approval which will be set forth in a resolution presented to the City Council at its November 1st meeting. If you have any questions, please contact me. Yours truly, Donna L. Butler Associate Planner -",' H~B'-:" '.1. ,. l::..A, j I" j'.. DECLARATION I, Donna Butler, Associate Planner for the City of Arcadia, do hereby declare that the attached correspondence of October 2l, 1983 forwarded by the undersigned to the applicant for C.U.P. 83-16 was to put applicant on notice that a final decision depended on a final resolution. I attended the public hearing of October la, 1983, and understood the decision of the Council to be tentative. Further, the letter follows a format generally applicable to Planning Commission proceedings, and not to City the administration of City Council proceedings. I declare under penalty of perjury that the above is true and correct. DATEO: J} - / C, I fire.) IEXHiBIT ~~A"