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HomeMy WebLinkAboutItem 1b - Conditional Use Permit AppealIn ... po. 'd Au;;ua15.1903 STAFF REPORT �?4nicy ot� Development Services Department DATE: February 18, 2014 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator Prepared by: Nick Baldwin, Assistant Planner SUBJECT: APPEAL OF THE PLANNING COMMISSION'S TIE VOTE ON CONDITIONAL USE PERMIT NO. CUP 13 -12 FOR AN EXISTING RELIGIOUS FACILITY AND THE USE OF A 2,400 SQUARE -FOOT TENT FOR OUTDOOR SERVICES, ACTIVITIES, AND EVENTS AT 2607 S. SANTA ANITA AVENUE WITH A CLASS 1 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Recommendation: Adopt Resolution No. 7008 upholding the appeal to approve Conditional Use Permit No. CUP 13 -12 and find that the project is exempt from CEQA SUMMARY The applicant is requesting approval of a Conditional Use Permit for an existing religious facility (Arcadia Congregational Church) and the use of a 2,400 square -foot tent for outdoor services, activities, and events at 2607 S. Santa Anita Avenue. A public hearing was held by the Planning Commission at their January 14, 2014, meeting, but a decision was not reached to approve or deny the proposal due to a 2 -2 vote, with one Commissioner absent. The applicant appealed this result to the City Council. It is recommended that the City Council adopt the attached Resolution No. 7008 upholding the appeal to approve Conditional Use Permit No. CUP 13 -12, subject to the conditions listed in this staff report, and find that the project is exempt from the California Environmental Quality Act (CEQA). BACKGROUND The subject property is developed as a church. The site has an area of 28,597 square feet with 235 feet of frontage on S. Santa Anita Avenue. The General Plan Land Use Designation and Zoning of the site is Medium - Density Residential (R -2). The site abuts Appeal of CUP 13 -12 - 2607 S. Santa Anita Ave. February 18, 2014 Page 2 of 8 single - family residences to the north and west, and is adjacent to a commercial center to the south. As the attached site plans show, the site is developed with a 4,000 square -foot Church Sanctuary with a 3,692 square -foot Fireside Office, and Pastor's Study; and a 3,600 square -foot Church Hall with a kitchen, Sunday School classroom, and a meeting parlor. There is also a 1,375 square -foot daycare, miscellaneous storage buildings, and a 2,400 square -foot, unpermitted tent. The associated surface parking lot can accommodate 100 vehicles. The sanctuary was built in 1961, prior to the requirement for Conditional Use Permits for churches. In 1985, Conditional Use Permit No. CUP 85 -10 was approved for an outside contractor to operate a daycare at the Church for a maximum of 25 children — see attached Planning Commission Resolution No. 1293. The daycare is located in a 1,375 square -foot building at the rear of the site. The applicant stated that the tent was erected in 2003 to accommodate outdoor parties, receptions and meetings, but the structure was never permitted. Conditional Use Permit Application No. CUP 13 -12 was submitted on September 23, 2013, to legalize the tent. As a legal- nonconforming use, all of the Church's facilities and activities, not just the tent, are subject to consideration as a part of this Conditional Use Permit application. The subject property is currently utilized by four separate faith communities, and in addition to religious services and the daycare, there are other church - related activities — see the attached Schedule of Regular Events. On January 14, 2014, the Planning Commission held a public hearing to consider Conditional Use Permit Application No. CUP 13 -12. After hearing testimony and some discussion, a motion was made to conditionally approve the application. The Commission voted 2 -2 on this motion, with one Commissioner absent. The applicant had the option to request a continuance, or to appeal the result to the City Council. The applicant chose to appeal, and on January 16, 2014, the attached letter of appeal was submitted. DISCUSSION In 2003, the Church erected a tent to provide shade and to accommodate events during inclement weather. The tent is 40 feet wide, 60 feet long, and 14 feet tall. It covers approximately two - thirds of a pre- existing concrete patio on the west side of the Church Hall. The tent is approximately 14 feet from the southerly property line, and 11 feet from the Church Hall. It is made of flame- retardant, white vinyl, and is free of damage, except for a two square -foot discolored patch on the north side of the canopy. The capacity of the tent is 240 people for parties, and 300 people for meetings. The tent is used two to four times a month for regular activities to be held outdoors, and is also used for receptions and parties. The tent and garden area are available for use from 10:00 a.m. to 11:00 p.m., and amplified music is permitted in accordance with the Appeal of CUP 13 -12 - 2607 S. Santa Anita Ave. February 18, 2014 Page 3 of 8 Arcadia Municipal Code. The Building Official and Fire Marshall have inspected the tent, and have determined that the structure will meet safety requirements, provided that type- 2A:10BC fire extinguishers are mounted at approved locations, and permanent emergency lighting is installed. Planning Commission Action On January 14, 2014, the Planning Commission held a public hearing to consider Conditional Use Permit Application No. CUP 13 -12. The Commission heard testimony from the applicant, Reverend Dr. Jolene Cadenbach, and reviewed the attached letter of opposition from a neighbor, Mr. Martin J. Koeth, who resides at 22 W. Woodruff Avenue, which abuts the north side of the Church site — see the attached aerial map. Mr. Koeth states that the Church hosts numerous wedding receptions, birthday parties and other similar events, which are noisy. Mr. Koeth also states that the events technically end at 11:00 p.m., but the noise continues for several more hours as the crowds disperse and crews then clean up the site. When living next to, or near a church, occasional events and limited disturbances are to be expected but should not be recurrent, and should not occur late into the night. The proposed conditions of approval are intended to ensure that the use operates within the City's regulations. The attached Planning Commission staff report indicates that a second person called to oppose the application due to noise, but the caller chose to be anonymous. The applicant explained that the tent was put up to provide shade in the garden area for their various outdoor activities, and that it is a popular facility. The applicant acknowledged that there have been occasional complaints about noise from some of the events, and explained that to be better able to address that issue in the future, the Church has purchased a sound meter to monitor the noise level during events so that they will not violate the City's noise regulations. After discussion, a motion was made to conditionally approve the application, subject to the recommended conditions of approval with a modification to require that music for outdoor activities stop at 10:00 p.m. on any night. The Commission voted 2 -2 on this motion, with one Commissioner absent. Attached is an excerpt of the January 14, 2014, Planning Commission Meeting Minutes. The reasons stated for the, "No" votes were that the extensive outdoor activities are inappropriate for a residentially -zoned property, and that the outdoor activities of a church should not impact City resources (i.e., responses by the Arcadia Police Department to noise complaints). The noise associated with outdoor activities and events was the focus of the Planning Commission's discussion. The outdoor events are held regularly, but there is not a repetitive history of noise complaints; as such, no sound level measurements have been taken to date. The Arcadia Police Department reported that there were three police responses in 2010 to calls for noise complaints at the Church site, but since 2010 there Appeal of CUP 13 -12 - 2607 S. Santa Anita Ave. February 18, 2014 Page 4 of 8 has been just one call for service. The following table lists the responses since 1997 (the subject tent was erected in 2003): During the Planning Commission meeting, a motion was made to approve the proposal with a requirement that all events end at 10:00 p.m. The recommended conditions of approval have been amended in response to the Commission's proposal to further restrict the times of the activities at the Church property so that post -event noise and activities; such as, cleanup, and the departure of the attendees can be concluded by 11:00 p.m. on Fridays and Saturdays, and by 10:00 p.m. on Sundays through Thursdays. Findings Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 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. Facts to Support the Finding: A church is consistent with the Zoning and General Plan Land Use Designation of the site. This includes having a tent for outdoor services, activities, and events. And, if operated in conformance with the Arcadia Police Responses Date and Time of Response Type of Complaint 08/23/1997 23:25 Disturbance - Music 05/15/1999 22:19 Disturbance - Noise /Music 04/29/2000 21:24 Disturbance - Noise /Music 08/12/2006 21:10 Disturbance - Music 10/01/2006 20:28 Disturbance - Noise 05/05/2007 21:54 Disturbance - Music 07/21/2007 20:58 Disturbance - Music 03/01/2008 21:44 Disturbance - Music 09/04/2010 18:06 Disturbance - Music 10/16/2010 21:03 Disturbance - Music 10/16/2010 22:21 Disturbance - Music 09/14/2013 21:53 Disturbance - Party During the Planning Commission meeting, a motion was made to approve the proposal with a requirement that all events end at 10:00 p.m. The recommended conditions of approval have been amended in response to the Commission's proposal to further restrict the times of the activities at the Church property so that post -event noise and activities; such as, cleanup, and the departure of the attendees can be concluded by 11:00 p.m. on Fridays and Saturdays, and by 10:00 p.m. on Sundays through Thursdays. Findings Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 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. Facts to Support the Finding: A church is consistent with the Zoning and General Plan Land Use Designation of the site. This includes having a tent for outdoor services, activities, and events. And, if operated in conformance with the Arcadia Appeal of CUP 13 -12 - 2607 S. Santa Anita Ave. February 18, 2014 Page 5 of 8 Municipal Code and the applicable conditions of approval, will not conflict with the other existing uses at the site, or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Facts to Support the Finding: In the R -2, Medium Density Residential Zone, a church is allowed with an approved Conditional Use Permit pursuant to Section 9275.1.43 of the Arcadia Municipal Code, and may include a tent for outdoor services, activities, and events. 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. Facts to Support the Finding: Based on the proposal, the existing parking availability, and the on -site circulation, the site is adequate for the existing church, including the tent. 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. Facts to Support the Finding: The tent will not increase the traffic at this location. The tent has been in existence since 2003 and there have been no complaints or issues relating to traffic generated at the site. The streets around the subject center (S. Santa Anita Avenue, and W. Live Oak Avenue) are adequate for the type of traffic that is to be generated by this use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Facts to Support the Finding: A church is a use that is consistent with the General Plan Land Use Designation of the site. With the following recommended conditions of approval, Conditional Use Permit Application No. CUP 13 -12 will satisfy each prerequisite condition. In addition, all City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress and equipment; water supply and facilities; sewer facilities; trash reduction and recycling requirements; environmental regulation compliance, including National Pollution Discharge Elimination System (NPDES) measures; and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements shall be determined by having fully Appeal of CUP 13 -12 - 2607 S. Santa Anita Ave. February 18, 2014 Page 6 of 8 detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. RECOMMENDATION It is recommended that the City Council uphold the appeal and approve Conditional Use Permit No. CUP 13 -12, subject to the following conditions of approval: 1. Outdoor receptions and parties and use of the tent shall be limited to 10:00 a.m. to 10:00 p.m. on Fridays and Saturdays, and 10:00 a.m. to 9:00 p.m. on Sundays through Thursdays. All associated cleanup and attendee departure activities shall be concluded within one hour of the event's conclusion, and all outdoor services, activities, and events are to comply with the City's noise regulations. 2. The tent structure shall be subject to periodic inspection to ensure that it is being properly maintained and that it does not pose a threat to the public health, safety, or welfare. The tent shall be required to be repaired or replaced from time to time as deemed necessary by the Community Development Administrator. 3. The accessible parking spaces onsite shall comply with the current accessibility standards to the satisfaction of the City's Building Official and shall be upgraded by the property owner /applicant if determined to be necessary by the Building Official. 4. Permanent emergency lighting shall be provided by the property owner /applicant for the tent, subject to the satisfaction of the Fire Marshall. 5. A minimum of one type 2A:10BC fire extinguisher shall be mounted in a visible area adjacent to the tent, subject to the approval of the Fire Marshall, and within 45 days of this approval. 6. All City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress and equipment, water supply and facilities; sewer facilities; trash reduction and recycling requirements, environmental regulation compliance, including National Pollution Discharge Elimination System (NPDES) measures; and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements shall be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 7. The use approved by CUP 13 -12 is limited to a church, which shall be operated and maintained in a manner that is consistent with the proposal and plans, dated January 2, 2014, that were submitted and approved for CUP 13 -12, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Appeal of CUP 13 -12 - 2607 S. Santa Anita Ave. February 18, 2014 Page 7 of 8 Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and /or the neighboring residents, businesses or properties. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 13 -12 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the church. 9. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or conditional 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 officials, officers, employees, and agents in the defense of the matter. 10. Approval of CUP 13 -12 shall not be of effect unless on or before 30 calendar days after City Council adoption of Resolution No. 7008, the property owner /applicant has executed and filed with the Community Development Administrator an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. ENVIRONMENTAL ANALYSIS As a minor addition to an existing facility, this project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. FISCAL IMPACT There will be no fiscal impact caused by Conditional Use Permit No. CUP 13 -12 Appeal of CUP 13 -12 - 2607 S. Santa Anita Ave. February 18, 2014 Page 8 of 8 RECOMMENDED ACTION It is recommended that the City Council adopt the attached Resolution No. 7008 upholding the appeal to approve Conditional Use Permit No. CUP 13 -12, subject to the conditions listed in this staff report, and find that the project is exempt from the California Environmental Quality Act (CEQA). Approved- Do inic Lazzar City Manager Attachments: Planning Commission Staff Report of January 14, 2014 with the following Attachments: Aerial Photo with Zoning Information Photos of the Site Plans Daycare Resolution No. 1293 Monopole Resolution No. 1748 Schedule of Regular Events Parking Demand Table Preliminary Exemption Assessment 300 -foot Radius Map Planning Commission Resolution No. 1893 Aerial Photo Appeal letter from the Arcadia Congregational Church Letter of Opposition from Mr. Martin Koeth Excerpt from the January 14, 2014 Planning Commission Meeting Minutes City Council Resolution No. 7008 Inrur�ur�e- hucuRr i, IY3 STAFF REPORT Development Services Deparhnent DATE: January 14, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: RESOLUTION NO. 1893 — CONDITIONAL USE PERMIT NO. CUP 13 -12 WITH A CLASS 1 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE EXISTING RELIGIOUS FACILITY, AND THE USE OF A TENT FOR OUTDOOR EVENTS, ACTIVITIES, AND SERVICES. THE TENT IS 40 FEET BY 60 FEET (2,400 SQUARE FEET) AND 14 FEET IN HEIGHT AND CAN ACCOMMODATE UP TO 300 PEOPLE Recommended Actions: Find that the Project qualifies as a Class 1 Categorical Exemption from CEQA; approve CUP 13 -12, and adopt Resolution No. 1893. SUMMARY The applicant is requesting approval of a Conditional Use Permit for the existing religious facility, and the use of a 2,400 square foot tent for outdoor events, activities, and services — see the attached aerial photo, photos of the site, and plans. It is recommended that the Planning Commission approve these applications, subject to the conditions listed in this staff report, and adopt the attached Resolution No. 1893. BACKGROUND APPLICANT: Rev. Dr. Jolene Cadenbach of Arcadia Congregational Church LOCATION: 2607 S. Santa Anita Avenue REQUEST: A conditional use permit for the existing religious facility, and the use of a 2,400 square foot tent for outdoor events, activities, and services. SITE AREA: 28,597 square -feet (0.66 acres) FRONTAGE: The lot has 235 feet of frontage on S. Santa Anita Avenue. EXISTING LAND USE & ZONING: The lot is developed with a 4,000 square foot sanctuary, 3,692 square foot office /study, 3,600 square foot hall, 1,375 square foot daycare, three small storage buildings, and an unpermitted 2,400 square foot tent. The original sanctuary and hall buildings were constructed in 1966. There is also a parking lot with 100 parking spaces. The zoning is R -2, Medium Density Residential. SURROUNDING LAND USES & ZONING: North: Single Family Residences, zoned R -1 South: Retail Center with Goodwill, O'Reilly Auto Parts, and Rite Aid, zoned Mixed Use East: Single Family Residences, zoned R -1 West: Single Family Residences, zoned R -1 GENERAL PLAN DESIGNATION: Medium Density Residential (6 -12 dwelling units per acre) -- This designation accommodates varied housing types and sizes within a suburban neighborhood context. Permitted residential uses include detached and attached residences with private and/or shared yards and open space areas. Other uses that may be appropriate, consistent with zoning regulations, include public and private schools, public parks, and other open space uses. The site is developed with a church sanctuary and hall, an office /study, a daycare, storage buildings, and an unpermitted tent. There are also 100 parking spaces in a surface parking lot. The church sanctuary and hall were built in 1966 and at that time a Conditional Use Permit was not required. In 1985, the Arcadia Congregational Church was granted Conditional Use Permit No. CUP 85 -10 to add the daycare for a maximum of 25 children — see attached Resolution No. 1293. The tent was erected in 2003 to accommodate outdoor activities and events, but the structure was never permitted. DISCUSSION Tent and Outdoor Activities The applicant is proposing to legalize a tent that is located just west of the church hall for the purposes of holding outdoor events and activities (e.g., wedding receptions and congregational meals) -- see attached Site Plan. The tent is 40 feet wide, 60 feet long, and is 14 feet tall. It is made of flame retardant white vinyl, is free of damage, except for a 2 square foot discoloration on the north side of the canopy. The capacity of the tent is 240 people for parties and 300 people for meetings. The tent is used 2 to 4 times a month for regular activities and is used more frequently in the spring and summer for CUP 13 -12 2607 S. Santa Anita Ave. January 14, 2014 -- Page 2 of 7 wedding receptions. The tent is available for use from 10:00 a.m. to 11:00 p.m. and amplified music is permitted in accordance with the Arcadia Municipal Code. The Building Official and Fire Marshall have reviewed the plans for the permanent placement of the tent on the property and have determined that the structure will meet safety requirements as long as type 2A:10BC fire extinguishers are mounted at approved locations and permanent emergency lighting is provided. Tents are not permitted by right in the R -2 zone and would not be appropriate for long term use at a multiple family residential development. Churches, however, are places for regular public gatherings and tents provide a practical option for regular outdoor events. Several other community service uses in the City have permanent tents or shade structures for similar purposes. One concern regarding tents on permanent bases is the visual impact it could have on the neighborhood. The subject tent, however, is not visible from public rights-of-way and is screened by vegetation and other buildings from the neighbors to the south and west. The neighboring properties to the north have the only direct sight line of the tent and there have not been any complaints regarding its appearance in the 11 years that the tent has been in place. Another concern regarding tents is the maintenance of the structure. The subject tent is vinyl with metal framing which will not hold up to the elements as well as a standard structure. It is recommended as a condition of approval that the tent structure be subject to periodic inspection and required to be repaired or replaced as deemed necessary by the Community Development Administrator. Existing Church Activities The primary use for this property is religious services and community gatherings. This facility currently hosts four separate faith communities. Religious services for these communities are held in the sanctuary. A daycare has been in operation since 1985 (CUP 85 -10, Resolution 1293 attached) for a maximum of 25 children and is located in a 1,375 square foot building at the rear of the site. Also, a 50 foot tall monopole cellular facility was approved in 2006 (CUP 06 -08, Resolution 1748 attached). It is located between the sanctuary and the daycare. In addition to religious services and the daycare, there are other church - related activities, such as fellowship and administration meetings — see the attached Schedule of Regular Events. These activities utilize a 3,692 square foot office /study, and/or a 3,600 square foot hall. Parking There are 100 parking spaces, including four handicap spaces, located in one large parking lot that occupies the northern half of the site. The parking requirement for religious facilities is 1 space per 5 permanent fixed seats, 1 space per 35 square feet of area with non -fixed seating, and 1 space per 28 linear feet of bench area. The parking requirements for this site are summarized in the following table: CUP 13 -12 2607 S. Santa Anita Ave. January 14, 2014 — Page 3 of 7 Parking Requirements Sanctuary 20 Fireside Room Hall 7 20 Day Care 3 Pastor Office 1 Un ermitted Tent 7 Storage Sheds p Total Requirement 58 While the parking requirement for the site is 58 spaces, the amount of parking needed to satisfy actual demand is significantly higher (see attached Parking Demand Table). Based on the demand generated by the regularly occurring uses, the highest demand occurs on Sundays for a maximum of 95 parking spaces. Special events can also require a large amount of parking. These events (e.g., weddings and baptisms) are scheduled so as not to compete for parking with the regularly scheduled events. Saturdays are the most common days to hold such events and there are no regularly scheduled events on Saturday afternoons and evenings. The parking provided onsite satisfies the parking requirement of the Municipal Code and satisfies the parking demand for the regular and special events. The existing parking is sufficient for the existing church activities. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 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. Facts to Support the Finding: A church is consistent with the Zoning and General Plan !_and Use Designation of the site, and if operated in conformance with the Arcadia Municipal Code and the applicable conditions of approval, will not conflict with the other existing uses at the site, or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Facts to Support the Finding: In the R -2, Medium Density Residential Zone, a church is allowed with an approved Conditional Use Permit per Section 9275.1.43 of the Arcadia Municipal Code. 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. CUP 13 -12 2607 S. Santa Anita Ave. January 14, 2014 — Page 4 of 7 Facts to Support the Finding: Based on the proposal, the existing parking availability, and the on -site circulation, the site is adequate for the existing church, including the tent. 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. Facts to Support the Finding: The tent will The streets around the subject center (S. Avenue, Las Tunas Drive, and W. Woodruff traffic that is to be generated by this use. not increase the traffic at this location. Santa Anita Avenue, W. Live Oak Avenue) are adequate for the type of 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Facts to Support the Finding: The church is a use that is consistent with the General Plan Land Use Designation of the site. The proposed project, with the recommended conditions of approval will satisfy each prerequisite condition, and all City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval, and to Building Permits. ENVIRONMENTAL ANALYSIS If it is determined that no significant physical alterations to the site are necessary, then this project, as a minor addition to an existing facility qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. It is recommended that the Planning Commission determine that this project is exempt from CEQA. PUBLIC NOTICE/COMMENTS Public hearing notices for CUP 13 -12 were mailed on January 3, 2014 to the property owners, tenants, and occupants of those properties that are within 300 feet of the subject property — see the attached radius map. Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. As of January 8, 2013, two comments in opposition to the proposal were received in response to the public hearing notices. The first comment was from Mr. Martin Koeth of 22 W. Woodruff Avenue, which is located north of the subject property, and the second comment was from an anonymous caller. Both comments were in opposition to the proposal based on the noise generated from the activities held in the tent. CUP 13 -12 2607 S. Santa Anita Ave. January 14, 2014 — Page 5 of 7 RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 13 -12, subject to the following conditions: 1. Use of the tent structure shall be limited to 10:00 a.m. to 11:00 p.m. on Fridays and Saturdays, and 10:00 a.m. to 10:00 p.m. on Sundays through Thursdays. 2. The tent structure shall be subject to periodic inspection and required to be repaired or replaced as deemed necessary by the Community Development Administrator. 3. The accessible parking spaces onsite shall comply with the current accessibility standards to the satisfaction of the City's Building Official and shall be upgraded if necessary. 4. Permanent emergency lighting shall be provided for the tent, subject to the satisfaction of the Fire Marshall. 5. A minimum of one type 2A:10BC fire extinguisher shall be mounted in a visible area adjacent to the tent, subject to the approval of the Fire Marshall. 6. All City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress and equipment; water supply and facilities; sewer facilities; trash reduction and recycling requirements; environmental regulation compliance, including National Pollution Discharge Elimination System (NPDES) measures; and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements shall be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 7. The use approved by CUP 13 -12 is limited to a church, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 13 -12, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and/or the neighboring businesses or properties. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 13 -12 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the church. 9. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section CUP 13 -12 2607 S. Santa Anita Ave. January 14, 2014 --- Page 6 of 7 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 officials, officers, employees, and agents in the defense of the matter. 10. Approval of CUP 13 -12 shall not be of effect unless the property owner and applicant have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit No. CUP 13 -12, and adopt the attached Resolution No. 1893 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as may be modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 13 -12; state the finding(s) that the proposal does not satisfy with reasons based on the record; and direct staff to prepare a resolution incorporating the Commission's decision, and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the January 14, 2014 hearing, please contact Assistant Planner, Nick Baldwin at (626) 574 -5444, or nbaldwin(c ci.arcadia.ca.us. Approved: JimXasama Community Development Administrator Attachments: Aerial Photo with Zoning Information Photos of the Site Plans Daycare Resolution No. 1293 Monopole Resolution No. 1748 Schedule of Regular Events Parking Demand Table Preliminary Exemption Assessment 300 -foot Radius Map Resolution No. 1893 CUP 13 -12 2607 S. Santa Anita Ave. January 14, 2014 — Page 7 of 7 Site Address: 2607 S SANTA ANITA AVE Property Owner(s): ARCADIA CONGREGATIONAL CHURCH Property Characteristics Zoning: R -2 General Plan: MDR Lot Area (sq ft): 134,589 Main Structure / Unit (sq. ft.): 7,759 Year Built: 1961 Number of Units: p Overlays Parking Overlay: n/a Downtown Overlay: n/a Special Height Overlay: n/a Architectural Design Overlay: n/a Selected parcel highlighted 6 C C� X111 ■N���� ���� lllll�C aim �� �� BMW lI��C Cw 11�II r�i�M1■ �r Cw � �� �� ■■f■ � �■ � 1� s rrr� �. .■ � 111I1CC�i■ wCr�r�■ � �� Q� art 1�11■lS1 ■111111■ IIIIIIII� �. r� 'w• �r ■■■ IIlIl 1f11I1 ■1111 ■■ ■III ■ ■ ■� �� ■■la+.CC G: �� 1 ■ !■■Il1li ■1 ■l1,- RN 111116111 ■ ■! ■lIn111 �� �• ■ ``���111i1111 � ���i1fu {l►►l ►u1 ■ i11{ �� ���� '�C {i1kill 11 {11 {1111111111 ��� 1�Yu {u1 u11 Ati1'fy 1 >�`�1111 {1111 {, f1 {1111111 ■�� 11 {�'['�lriritlill {111{ Parcel location within City of Arcadia" This map is a user generated static output from an Internet mapping site and is for Report generated 09- Jan -2014 reference only. Data layers that appear on this map may or may not be accurate, current, page 1 of 1 or otherwise reliable. r 2607 S. Santa Anita Ave., Subject Property, View from Front Parking Lot, View from the East P#2,3=2019. �' 2019. Wn9?3 "'WOMB I0 ".= Day Care Building, View from Parking Lot Storage Building at Rear of the Lot, View��� ®° from Parking Lot S � o 0 , Tent Interior �r h C `i Ak- 6. i ; r Tent Interior h .f View of Neighboring Properties to the 1 North from the Tent i a P rn N �I 1] n� Cx 0 0 0 m U C%4 r v 0 , C Q c O m N CT "C O CT) Q _ Q 7E a) C l Z O 1 O m O 91 '0 f6 ip L ° N U) CO QN Q(D QN � u -U too vjQ a V u m 4 C N O G �S f' s N,/ ( -SF-t t er CE-4- -71.t aC- a T � L _ � u u C d 'C' L} L1 C, �C .�I s j�. °o a � ul n all 'Q1 'CJ CL ru _z40 Id 11 QD cv N i a Sr n � !I 0- G �S f' s N,/ ( -SF-t t er CE-4- -71.t aC- a T � L _ � u u C d 'C' L} L1 C, �C .�I s j�. °o a � ul n 'Q1 'CJ CL ru _z40 Id 11 QD pp} 1- n � !I 0- _ - Al 'Q1 'CJ II jl 31 _z40 Id 11 QD a a O ai � N U � S O c O 0 4 m i9 U3 mN vaS `"� "'rn 0 c � ca'�z to aui -13 °r e < < oar° ff LO f N-T14.._ .ti 'M 4d -V :., , Wil r —all i �3 \el Ir u ►,• rr 0 N a �x L 7 U b � tea' a � v¢$ u ; i `P ro � Q N Q LD IZ W�+F_ S N N D O 4 ro zz °per 0 C 0 C O N f3 t %I Q, p �IED t N � ry � O l3 � C O O � � � N Q`7 Q In M mm Q N n 0 `. an u to R CM rq Q ry Q CQ Q N n� A� 8 \ ; « R 0 k ƒ 0 pLa 2� Ia e\ =§inZ kq /Sk �U / {@§] � CID � � .- «! �) � r__1 1_ J PLANNING COMMISSION RESOLUTION 1293 A RESOLUTION GRANTING CONDITIONAL USE PERMIT 85 -10 TO ALLOW THE OPERATION OF A DAYTIME CHILD CARE CENTER AT 2607. SOUTH SANTA ANNTA AVENUE. WHEREAS, on June 3, 1985, an application was filed by Mr. and Mrs. Henry J. Aguilar to operate a pre - school, Planning Department Case No. C.U.R. 85 -10, on Property commonly known as 2607 South Santa Anita Avenue, more particularly described as follows: A portion of Lot 66 of Santa Anita Colony in the City of Arcadia, County of Los Angeles, State of California, as per Map Recorded in Book 42, Page 87 of Miscellaneous Records, in the Office of the County Recorder of said County. WHEREAS, a public hearing was held on June 25, 1985, 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 HEREBY . RESOLVES AS FOLLOWS: Section 1. That the factual data submitted by the Planning Department in the attached report is 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. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 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. 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. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. i� 6. That the use applied for will not have a substantial adverse impact on the environment. Section 3. That for the foregoing reasons this Commission grants a Conditional Use Permit for the operation of a pre - school upon the following conditions: 1. That the maximum occupancy for the pre - school shall be 25 children. 2. That a 5' high fence shall be constructed around the paved play yard and a modification be granted for said fence in lieu of a 6' high wall. 3. That a modification be granted for the 5' high chain link fence in lieu of a 6' high wall which surrounds the existing grass play yard. 4. That the parking area be cleaned of all weeds and maintained in a neat and orderly manner. 5. That the pool violations noted in the staff report shall be corrected to the satisfaction of the Building Department prior to the opening of the pre- school, 6. That fire safety shall be provided to the satisfaction of the Fire Department. 7. That C.U.P. 85 -10 shall not take effect until the owner and applicant have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of approval. 8. That the doors on the east side of the classroom shall be locked and secured when the pre - school is in operation or emergency alarms shall be installed on said doors. Such safety measures shall be subject to the review and approval of the Fire Department. 10, Noncompliance with the provisions and conditions of this Conditional Use Permit shall constitute grounds for the immediate suspension or revocation of said Permit. Section 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of June 25, 1985 and the following vote: AYES: Commissioners Fee, Jahnke, Kovacic, Szany, Harbicht NOES: Bone ABSENT. Commissioners Dixon and Hedlund -2- 1293 Section 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission held on the 9th day of July, 1985 by the following vote: AYES: Comm i ss 1 a ners Fee, Hedlund, Kovacic, szany, Dixon DOES: Alone ABSENT: Commissioner Harbicht ATTEST: ecretary, P annsng Commission City of Arcadia a ■ hairman, P I anning C mission City of Arcadia -3- 1293 RESOLUTION NO. 1748 c A RESOLUTTON OF THE pLANNING COyMS SIGN OF THE CITY OF ARCADE CALIFORNIA, AppRCVLNC CONDITIONAL USE PERT NO. 2006 -08 AND ARCI- rMCTURAL DESIGN REVIEW NC. 2005 -29 FOR A FIFTY' FOOT (50') TALC, MONQpOLE AN' E-Nr NA STRUCTURE CAMOUFLAGED AS A TREE, AND AN ASSOCIATED EQUfPNENT SHELTER AT 2607 SOUTH SANTA ANZTA AVENUE. VIREREAS, on August 22, 2006, a conditiousi use pennit application was fi.Med by Nextel Commun cations, for a -foot (50') tall monopole antenna strUctm camouflaged as a tree and an associated equipment shelter (Development Services Department Case No. CUP 2006 -08 and ADR 2005- 29) at the property commonly fmown as 2607 South Santa Anita Avenue; and WHEREAS, a public hearing was held by the Planning Commission on August 22, 2006, at which time all interested persons were given fidil opportunity to be heard and to present evidence. NOW THEREFORE, THE PAC CONMSSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. E, SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Perit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Perm it is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies vv�th all related zoning requirements as set forth in the Arcadia. Municipal Code. 4. That the site abuts streets ' and highways adequate in width and pavement, type to carry-the kind of trafc generated by the proposed use. 5. That the granting of such Conditiona9 Use permit will not adversely affect the comprehensive General Plan because the land use and cent zoning are consistent wiffi the General Plan. 7 1748 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wild ffle resources or'the habitat upon which the wildlife depends. SECTION 3 That for the foregoing reasons this Commission gets Couditioual Use Permit No. CUP 2006 -08 and Architects Design Review No. ADR 2005 -29, for a icy -foot (50') tali monopole antenna structure camouflaged as a palm tree at 2607 South Santa Anita Avenue, upon the fallowing conditions: I. AU City code requirements regarding accessibility, fire protection, occupancy, and safe shall be con lied with to the satisfaction safety p ®f Building Services, Public Works Services, Development Services, and the Fire Depa rent. 2. The proposed wireless communications facility including its colors and materials shall be maintained in a manner that is consistent with the plans and materials submitted and approved for CUP 2006-98 and ADR 2005 -29. 3. Noncompliance with the plans, provisions and conditions of approval for CUP 2006 -08 shall be grounds for immediate suspension or 0 revocation of any approvals. 3 1749 4. Approval of CUP 2006 -08 and ADD 2005 -29 shall not take effect l until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 5. The applicant shall defend, indemnify, and Bold 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 Sez ion 66499.37 or other provision of law applicable to dais 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 defence 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. 0 1748 SECTION 4. The decision, Endings and conditions contained in (7t, this Resolution reflect the Concession's action of August 22, 2006, by the following votes: AYES: Commissioners Badedaa, Beranek, Hsu, Panine, and Olson NOES: Nome SECTION S. The Secretary steal). certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. i HEREBY CERTIFY that the forgoing Resolndo.n was adopted at a regular meeting of the Planning Commission held on the August 22, 2006, by the following votes: AYES: Commissioners Baderiaan, Beranek, ffit4 Panille and Olson NOES: Norge Chairman, Planning Commission City of Arcadia s 1748 A=- S. T: O Secretary, .Planning Commission City of Arcadia APPROVED AS TO FORK Stephen. P. Deitsch, City Attorney c 1749 Arcadia Congregational Church 2607 S. Santa Anita avenue Arcadia, GA 91006 626- 447.8053 Assessors' Na, 5788 020 029 12 000 Additions and Revisions to Conditional Use Permit Application No. CUFF 13-12 SCNIE ULEE Or RECUU' R EVENT Arcadia Congregational Church 2667 5. Santa Anita Ave. Arcadia, CA 91006 626 - 447 -6053 ASSESOR'S NO. 578B 020 029 12 000 Zoning category R2 - t,.d «luu��a uucuKR�n�c� DAY Ti E Duration CODA Meeting Project Return Meeting HALL HALL 10 -15 Weekly Wednesday 7:30prn to 9pm Arcadia Interfaith Meeting HALL 5 -10 10 -12 Weekly Monthly Tuesday I" 2PM to 4prn ACC Youth Might HALL 10-12 Monthly Monday, 1� Tuesday, 6pm to 8pm 6prn to 7prna Mid -Month Lunch Bunch ACC Bible Study HALL 15 -18 Monthly 2nd Tuesday, Noon to fpm ACC Bible Study FIRESIDE FIRESIDE B -10 -10 Weekly Tuesday, 7pm to 8:30prn Bible Study HALL 0 6 -8 Weekly Friday, 3 :30 to 5prn Prayer Meeting HALL 5-8 Weekly Daily Friday, M'F, 813m to lopm ACC Chair Practice Bible Study FIRESIDE 10 -12 Weekly Thursday, 9am to Nunn 7pm to 9pm ACC Worship FIRESIDE SANCTUARY 10-15 50 -70 Weekly Sunday, 9am to 3:30am ACC Fellowship TENT 50 -70 Weekly Weekly Sunday, Sunday, 10am to 11arn 11arn Worship Worship HALL 6 -12 Weekly Sunday, to Noon 98m to 11arn Fellowship SANCTUARY HALL 12 -25 Weekly Sunday, 11.30arn to fpm Worship Adults SANCTUARY 12 -25 25- 0 Weekly Weekly Sunday, Sunday, fpm to 2pm Worship Youth Fellowship HALL Weekly y, Sunday, 2:30pm to 3:30pm 2:30pm to 3:30pT Day Care HALE. DAY CARE 40 -70 18 -26 Weekly Sunday, 3.30pm to 4:30pm Council litieetin g Ministry FIRESIDE 12 -18 Dail y Monthly M -F, 3rd Sunday, 6:30am to 6:30pm Noon to 1prn Team Krdtg ACC Sunday school FIRESIDE HALL 10 -15 Monthly 2nd Sunday, Noon to fpm . Office /Admin FIRESIDE 7 -12 1 -5 Weekly Sunday, 10:30am to 11:15am Daily M -F 9am to 2:QOpm Arcadia Congregational Church 2667 5. Santa Anita Ave. Arcadia, CA 91006 626 - 447 -6053 ASSESOR'S NO. 578B 020 029 12 000 Zoning category R2 Maximum Parking Demand for the Site (assumes no carpooling, children are driven by adults) 2nd Sunday Parking Demand Detail 9:00 -12:00 95 9:00 40 1:00 -4:30 70 3rd Sunday Parking Demand Detail 9:00 -12;00 95 1:00 43 1:00 -4:30 70 Monday Tuesday Wednesda +Thursday Friday Saturday Sunday 1 2 3 4 5 6 7 Morning 15 15 15 15 15 8 8 Afternoon 7 15 7 7 17 0 82 Night 12 22 15 12 8 0 95 2 8 9 10 11 12 13 14 Morning 15 15 15 15 15 8 90 Afternoon 7 35 7 7 17 0 110 Night 0 10 15 12 8 0 0 3 15 16 17 18 19 20 21 Morning 15 15 15 15 15 8 90 Afternoon 7 17 7 7 17 0 113 Night 0 10 15 12 8 0 0 4 22 23 24 25 26 27 28 Morning 15 15 15 15 15 8 90 Afternoon 7 17 7 7 17 0 95 Night 0 10 15 12 8 0 0 5 29 30 Morning 15 15 Afternoon 7 17 Night 0 10 2nd Sunday Parking Demand Detail 9:00 -12:00 95 9:00 40 1:00 -4:30 70 3rd Sunday Parking Demand Detail 9:00 -12;00 95 1:00 43 1:00 -4:30 70 Jr:- AIt F CITY OFARCADIA 240 W. I- IUNT1NGTON DRIVE e ARCADIA, CA 91007 + r PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) l . Name or description of project: CUP 1312 2. Project Location -- Identify street 2607 S. Santa Anita Avenue, between Live Oak and W. address and cross streets or Woodruff Avenue attach a map showing project site (preferably a USGS 15' or 7 112' topographical map identified by quadrangle name): 3. Entity or person undertaking A. project: B. Other (Private) (1) Name Arcadia Congregational Church (2) Address 2607 S. Santa Anita Avenue 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. v. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 1 15301 — Minor Additions to Existing Facilities 1: ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: 113114 Staff. Preliminary Exemption AssessmentL?0I 1 FORM "A" I V I Pces'(62'6) r e UMORENO e r v 350.5. OWNERSHIP /OCCUPANTS. LIST RADIUS MAPS - LAND USE • PLANS MUNICIPAL COMPLIANCE CONSULTING i LAMBERT AVE.EL MONTE, CA 91732 - FAX(626p5 1532 PROJECT INFORMATION 2607 S. SANTA ANITA AVE. ARCADIA, CA. 13 -279 � •�U U � i Q a'' —�ti @q /6 r O 76 1 we n Y so Lcrr 5B 1: L1v y f� u 0 [ a7 7g7 +ill • y �N ®� � e� ���J + ~ �. O ©` LOT 61 2 O af` r fill,. f 7 s , 1 er. 33 ,a Or .O a r $ WOODRUFF 32 31� ' 30 zf as c ® 1 9 28 k 27 i 26 r 3a 3t O O r!s a of 15 a 7 O O u 17 18 2a 3 $ 12 77 p 4s �f„�... 11 21 a 1a 9 D e AURA 5anrn f, r To .4yE. 8 O 7 r r z ► ° 5 g C7) " T 70 .:J MB rrgT e�si 1 ti, 3 '"�•k,,.... �•j! ,.. P..sr. s -s, l era �a yy C/ 1 r . 44S TU,ygs • i 0 r '• a. e - + ^mod r e(( ., 1 LPT qua—'f O a� + 77M � v3o OAK AVE. LIVE OAK X cY d22/3 IV m N w ti � �v ti coo �o @o � � ° a ® : srrae ' �— y� N.dt717I� 2 Ee n,. nt, It w Y `u [ SCALE I"= 2001 PU.s Q a Po 57 4d f ,. e,a•� '�. r"' a,�rso rrc r./„ n O 32 as O 40 Lor 5e /c°; . S RODELL ce era zr ' ¢¢ 37 O O 35 34 �c. r,sr O 25 H� m a 1,.k, AVE l6S.O/ �� V /OO � . 35 2 O Sti tf ✓,(,y Gl /l{alp: ! 4 YWO 23� 36� !j 22 Na ao N n QR 37 �o,N 4i � No ,MK/4 rr �O 39 ry Q W O. �aayr ' 4a do oS a _ u N� /U wN Z s aw ti rte°„ ru. � `t s - 18Y+ tt[al - Q, Im" LIVE OAK 6'r nsp -/_� AVE w 60 raD � 11 3 m 4 ' tel?�r: x' I! l3 w I4 RESOLUTION NO. 1893 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO, CUP 13 -12 WITH A CLASS 1 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE EXISTING RELIGIOUS FACILITY, AND THE USE OF A TENT FOR OUTDOOR EVENTS, ACTIVITIES, AND SERVICES. THE TENT 1S 40 FEET BY 60 FEET (2,400 SQUARE FEET) AND 14 FEET IN HEIGHT AND CAN ACCOMMODATE UP TO 300 PEOPLE WHEREAS, on September 23, 2013, a Conditional Use Permit application was filed by the Arcadia Congregational Church for the existing religious facility, and the use of a 2,400 square foot tent for outdoor events, activities, and services at 2607 South Santa Anita Avenue, Development Services Department Case No. CUP 13 -12; and WHEREAS, an environmental assessment was conducted and it was determined that the proposed project meets the categorical exemption criteria under Article 19 of the California Environmental Quality Act (CEQA), Categorical Exemptions Section 15301 of the CEQA Guidelines; and WHEREAS, a public hearing was held by the Planning Commission on January 14, 2014, 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 January 14, 2014 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. A church is consistent with the Zoning and General Plan Land Use Designation of the site, and if operated in conformance with the Arcadia Municipal Code and with the applicable conditions of approval, will not conflict with the other existing uses at the site, or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the R -2, Medium Density Residential Zone, a church is allowed with an approved Conditional Use Permit per Section 9275.1.43 of the Arcadia Municipal Code. 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. Based on the proposal, the existing parking availability, and the on -site circulation, the site is adequate for the existing church, including the tent. 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. The tent will not increase the traffic at this location. The streets around the subject center (S. Santa Anita Avenue, W. Live Oak Avenue, Las Tunas Drive, and W. Woodruff Avenue) are adequate for the type of traffic that is to be generated by this use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The church is a use that is consistent with the General Plan Land Use Designation of the site. 6. That the project approved under Conditional Use Permit No. CUP 13 -12 qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) per section 15301 of the CEQA Guidelines. -2- 1893 SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 13 -12, subject to the following conditions: 1. Use of the tent structure shall be limited to 10:00 a.m. to 11:00 p.m. on Fridays and Saturdays, and 10:00 a.m. to 10:00 p.m. on Sundays through Thursdays. 2. The tent structure shall be subject to periodic inspection and required to be repaired or replaced as deemed necessary by the Community Development Administrator. 3. The accessible parking spaces onsite shall comply with the current accessibility standards to the satisfaction of the City's Building Official and shall be upgraded if necessary. 4. Permanent emergency lighting shall be provided for the tent, subject to the satisfaction of the Fire Marshall. 5. A minimum of one type 2A :10BC fire extinguisher shall be mounted in a visible area adjacent to the tent, subject to the approval of the Fire Marshall. 0. All City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress and equipment; water supply and facilities; sewer facilities; trash reduction and recycling requirements; environmental regulation compliance, including National Pollution Discharge Elimination System (NPDES) measures; and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements shall be -3- 1893 determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 7. The use approved by CUP 13 -12 is limited to a church, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 13 -12, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and/or the neighboring businesses or properties. 8. All City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress and equipment; water supply and facilities; sewer facilities; trash reduction and recycling requirements; environmental regulation compliance, including National Pollution Discharge Elimination System (NPDES) measures; and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements shall be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 9. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, -4- 1893 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 officials, officers, employees, and agents in the defense of the matter. 10. Approval of CUP 13 -12 shall not be of effect unless the property owner and applicant have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of January 2014. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission -5- 1893 4k bl- qw 6--r ,. Subject . *ro property - IL i 4 - y ti t rI` —ohm dip I 2607 S. Santa Anita Ave. a CUP 13 -12 I 1XIRCy O Arcadia C®d®re a L®LiL C, U miterC yNyc of Christ 4 260"1 So. Santa Anita Avenue ti Arcadia, CA 91006 (626) 447 -8053 i E -mail: ucadiacucc63u�yahuo.com i Weh: arcadiaucc.org '- January s 16,.2014.. 11EC ff7 L , TO: Arcadia Community Development Department Attention: Nick Baldwin JAN 16 2014 From: Arcadia Congregational Church Fllanfr no s©ii, iJouD Rev. Dr. Jolene Cadenbach City of Arcadia Subject: RESOLUTION NO. 1893 — CONDITIONAL USE PERMIT NO. CUP 13 -12 WITH A CLASS 1 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE EXISTING RELIGIOUS FACILITY, AND THE USE OF A TENT FOR OUTDDQOR EVENTS, ACTIVITIES, AND SERVICES. THE TENT IS 40 FEET BY 60 FEET (2,400 SQUARE FEET) AND 14 FEET IN HEIGHT AND CAN ACCOMMODATE UP TO 300 PEOPLE On Tuesday, January 14, 2014, we went before the Arcadia Planning Commission to request a Conditional Use Permit for our tent. By a 2 to 2 tie vote, the Commission rejected our request, even though the Planning Services Department recommended our application, subject to the conditions listed in the staff report. Our church complied with these conditions and we presented this information before the Planning Commission. One of our neighbors, Martin J. Koeth, asked for a rejection of our request for a conditional use permit because of the noise he has experienced from the events that have been conducted in this tented area. Although he had called the police, they did not find us out of compliance with Arcadia City ordinances regarding excessive noise. Prior to the erection of our tent, we held numerous events in our large outdoor areas, including live bands and DJ's. The tent in this case is not the issue. Outdoor events with the use of music is Mr. Koeth's concern. We wish to be a good neighbor and are currently working on ways in which the sound will be directed toward our south wall. We wish to appeal this decision of the Arcadia City Planning Commission before the Arcadia City Council and aslc for a hearing as soon as possible. `?ours truly, 4 (Rev. r. Jolene Cadenbach January 7, 2014 RE: CUP 13 -12 Dear Sir, My"name is Martin J. Koeth, I reside at 22 W. Woodruff Avenue, Arcadia 91007 for the past 35 years. I am 77 years of age. My property backs up to the Arcadia Congregational Church at 2607 South Santa Anita Avenue. Although, I would of wanted to be at this hearing I have a very important prior commitment that I have to attend. That being said this letter is in reference to the conditional use permit requested by the Arcadia Congregational Church at the above address. (Application No: CUP 13 - 12 to use the facility for outdoor events, activities and services. They have hosted numerous wedding receptions, birthday parties and other like events. Then approximately S to 10 years ago they erected a large tent to further these events which are always very loud and noisy. When they have these events I cannot enjoy the peace and quiet of my own home. My family room is approximately 30 yards from the tent. These events usually occur on weekends and usually start at approximately 6 p.m. and end at 11 p.m. The music usually starts moderately but grows louder as the evening progresses and becomes unbearable. I cannot enjoy my television programs nor dare I try to sleep until 11 p.m. Even after 11 p.m. when the music stops there is still a couple of hours of people leaving, loud talking and yelling, cardoors slamming, horns honking and people yelling to each other. And then the clean -up crew arrives tossing stuff into the dumpster. Also the noise of the area being dismantled, such as tables and chairs being stacked late into the night. On numerous occasions I've walked over to the church to complain and 1 am always treated politely with a promise to quiet down but as soon as 1 get home, the loud music starts right backup. It gets so noisy that my windows rattle because of the live band or D.J.'s they employ. More than 1 once I've been told that they have every right to operate until 11 p.m. I've called the Arcadia Police Department on different occasions over the years but it usually starts up again after they leave. It's only until recently I've discovered they have never had a permit to operate and that now they are applying fdr one. I beg of you, no, I beseech you to refuse their request. As a homeowner and tax payer don't I have any rights in the City of Arcadia to enjoy my peace and quiet in my own home. I dread the weekends so much that my stomach gets in knots around Thursday. My question is are they running a church (to which I have no objections) or a night club? Thank you for your time. Respectfully, �., e Z LoethMartin *Recently at an Arcadia City Council meeting a gentleman who resides next to the parking lot at In and Out Hamburgers at Santa Anita and Colorado complained about the exact things I have and the City Council voted to take action in his favor - - -I ask no more or less than he did. P.S. Since writing this letter, on Saturday morning at 10 :30 a.m. January 11, 2014 a man erected a tall ladder behind my wall. I asked him what he was doing and he said, "I am cutting down the ivy to remove the temporary electrical pole (installed about 10 years ago) and wiring. He said that the new electrical had been installed for the tent area but did not know if they had a permit. MY POINT: why are you having a City Council Meeting on this subject if it is a "DONE DEAL ". 2 cr ivoR,yy ��0oe l�r oTH °�• PUBLIC HEARINGS ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JANUARY 14, 2014 - EXCERPT- Resolution No. 1893 - Conditional Use Permit No. CUP 13 -12 with a Categorical Exemption from the California Environmental Quality Act (CEQA) for the existing religious facility, and the use of a tent for outdoor events, activities, and services. The tent is 40 feet by 60 feet (2,400 square feet) and 14 feet in height and can accommodate up to 300 people, at 2607 S. Santa Anita Ave. Applicant: Arcadia Congregational Church Recommended action: Find that this project is exempt from CEQA, and conditionally approve Conditional Use Permit No. CUP 13 -12 and adopt Resolution No. 1893. Assistant Planner, Nick Baldwin, presented the staff report. Chairman Beranek opened the public hearing and asked if anyone would like to speak in favor of this project. The following responded: Pastor Jolene Cadenbach, represented Arcadia Congregational Church Chairman Beranek asked if anyone would like to speak in opposition to this project. There were none. MOTION It was moved by Commissioner Falzone, seconded by Commissioner Baerg, to close the Public Hearing. Without objection, the motion was approved. MOTION It was moved by Chairman Beranek, seconded by Commissioner Falzone, to approve Conditional Use Permit No. CUP 13 -12 and find that the project is exempt from CEQA based on the findings and conditions recommended in the staff report with a condition to be revised to limit music at evening events to 10:00 p.m. for all days of the week. ROLL CALL AYES: Commissioners Falzone, and Beranek NOES: Commissioners Baerg and Chiao ABSENT: Commissioner Parrille Chairman Beranek asked the applicant if she would like to ask the Commission to consider continuing this item or appeal the result to the City Council. Pastor Cadenbach responded that she will appeal to the City Council. RESOLUTION NO. 7008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, UPHOLDING THE APPEAL OF THE PLANNING COMMISSION RESULT AND APPROVING CONDITIONAL USE PERMIT NO. CUP 13 -12 FOR AN EXISTING RELIGIOUS FACILITY AND THE USE OF A 2,400 SQUARE -FOOT TENT FOR OUTDOOR SERVICES, ACTIVITIES, AND EVENTS AT 2607 S. SANTA ANITA AVENUE, WITH A CLASS 1 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, on September 23, 2013, a Conditional Use Permit application was filed by the Arcadia Congregational Church (property owner /applicant) for the existing religious facility, and the use of a 2,400 square -foot tent (40 feet wide by 60 feet long and 14 feet in height) for outdoor services, activities, and events at 2607 South Santa Anita Avenue, Development Services Department Case No. CUP 13 -12; and WHEREAS, a public hearing was held by the Planning Commission on January 14, 2014, at which time all interested persons were given full opportunity to be heard and to present evidence, after which the Planning Commission reached a tie vote with one Commissioner absent, which resulted in no adoption of a motion; and WHEREAS, the property owner /applicant had the option to request a continuance to a subsequent Planning Commission meeting at which the full membership would be present, or to appeal the lack of adoption of a motion to the City Council; and WHEREAS, the applicant's representative, the Reverend Doctor Jolene Cadenbach opted to appeal, and on January 16, 2014, within the five -day appeal period, submitted an appeal to the City Council; and WHEREAS, on February 18, 2014, a public hearing was held before the City Council on said appeal, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated February 18, 2014 are true and correct. SECTION 2. That the Council 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. A church is consistent with the Zoning and General Plan Land Use Designation of the site. This includes having a tent for outdoor services, activities, and events. And, if operated in conformance with the Arcadia Municipal Code and with the applicable conditions of approval, will not conflict with the other existing uses at the site, or in the neighborhood. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the R -2, Medium Density Residential Zone, a church is allowed with an approved Conditional Use Permit pursuant to Section 9275.1.43 of the Arcadia Municipal Code, and may include a tent for outdoor services, activities, and events. 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 -2- neighborhood. Based on the proposal, the existing parking availability, and the on -site circulation, the site is adequate for the existing church, including the tent. 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. The tent will not increase the traffic at this location. The tent has been in existence since 2003 and there have been no complaints or issues relating to traffic generated at the site. The streets around the subject property (S. Santa Anita Avenue and W. Live Oak Avenue) are adequate for the type of traffic that is to be generated by this use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The church is a use that is consistent with the General Plan Land Use Designation of the site. 6. That the project proposed pursuant to the application for Conditional Use Permit No. CUP 13 -12 is a minor addition to an existing facility that qualifies as a Class 1 Categorical Exemption of the California Environmental Quality Act (CEQA) per section 15301 of the CEQA Guidelines. SECTION 3. That for the foregoing reasons this Council upholds the appeal and approves Conditional Use Permit No. CUP 13 -12, subject to the following conditions: 1. Outdoor receptions and parties and use of the tent shall be limited to 10:00 a.m. to 10:00 p.m. on Fridays and Saturdays, and 10:00 a.m. to 9:00 p.m. on Sundays through Thursdays. All associated cleanup and attendee departure activities shall be concluded within one hour of the event's conclusion, and all outdoor services, activities, and events are to comply with the City's noise regulations. -3- 2. The tent structure shall be subject to periodic inspection to ensure that it is being properly maintained and that it does not pose a threat to the public health, safety, or welfare. The tent shall be required to be repaired or replaced from time to time as deemed necessary by the Community Development Administrator. 3. The accessible parking spaces onsite shall comply with the current accessibility standards to the satisfaction of the City's Building Official and shall be upgraded by the property owner /applicant if determined to be necessary by the Building Official. 4. Permanent emergency lighting shall be provided by the property owner /applicant for the tent, subject to the satisfaction of the Fire Marshall. 5. A minimum of one Type 2A:10BC fire extinguisher shall be mounted in a visible area adjacent to the tent, subject to the approval of the Fire Marshall, and within 45 days of this approval. 6. The use approved by CUP 13 -12 is limited to a church, which shall be operated and maintained in a manner that is consistent with the proposal and plans, dated January 2, 2014, that were submitted and approved for CUP 13 -12, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and /or the neighboring businesses or properties. 7. All City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress, and equipment; water supply and facilities; sewer facilities; trash reduction and recycling requirements; environmental regulation M compliance, including National Pollution Discharge Elimination System (NPDES) measures; and parking and site design, shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements shall be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or conditional 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 officials, officers, employees, and agents in the defense of the matter. 9. Approval of CUP 13 -12 shall not be of effect unless on or before 30 calendar days after City Council adoption of this Resolution, the property owner /applicant has executed and filed with the Community Development Administrator an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. -5- SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney m Mayor of the City of Arcadia 2014.