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HomeMy WebLinkAbout7008RESOLUTION 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 G 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. 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. 4 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 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 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 this Resolution, the property owner /applicant has M 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. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 18th day of February , 2014. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney R 9/! a.. , , : STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7008 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 18th day of February, 2014 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Harbicht, Kovacic, and Segal NOES: Council Member Wuo ABSENT: None 7 t Clerk of t City of Arcadia