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HomeMy WebLinkAbout6-28-22 PC Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, June 28, 2022, 7:00 p.m. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. (626) 574-5423 48 Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Clerk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. 626-574-5455 72 CALL TO ORDER ROLL CALL Zi Lin, Chair Kenneth Chan, Vice Chair Brad Thompson, Commissioner Vincent Tsoi, Commissioner Marilynne Wilander, Commissioner SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to three (5) minutes per person, unless waived by the Planning Commission. Under the Brown Act, the Commission or Board Members are prohibited from discussing or taking action on any item not listed on the posted agenda. PUBLIC HEARING All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer in the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. 1 1. Resolution No. 2100 – Approving Conditional Use Permit No. CUP 22-06 with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) to reconvert an existing building back to a residence for Our Savior Lutheran Church’s parsonage at 512 W. Duarte Road Recommendation: Adopt Resolution No. 2100 Applicants: Don Klabunde There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 4:30 p.m. on Friday, July 8, 2022. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 2.Minutes of the June 14, 2022, Regular Meeting of the Planning Commission Recommendation: Approve PLANNING COMMISSION REORGANIZATION 3.Planning Commission Reorganization Recommended Action: It is recommended the Secretary initiate the procedure for the reorganization of the Planning Commission. MATTERS FROM CITY COUNCIL LIASION MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM ASSISTANT CITY ATTORNEY MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, July 12, 2022, at 7:00 p.m. 2 DATE: June 28, 2022 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Vanessa Quiroz, Associate Planner SUBJECT: RESOLUTION NO. 2100 - APPROVING CONDITIONAL USE PERMIT NO. CUP 22-06 WITH A CATEGORICAL EXEMPTION UNDER THE TO RECONVERT AN EXISTING BUILDING BACK TO A RESIDENCE FOR OUR SAVIOR LUTHERAN CHURCH PARSONAGE AT 512 W. DUARTE ROAD Recommendation: Adopt Resolution No. 2100 SUMMARY The Applicant, Don Klabunde, on behalf of, Our Savior Lutheran Church, is requesting approval of Conditional Use Permit Application No. CUP 22-06 to allow the reconvert an existing building (Quint House ) back to a residence for Our Savior Lutheran Church parsonage at 512 W. Duarte Road. It is recommended that the Planning Commission adopt Resolution No. 2100 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 22-06, subject to the conditions listed in this staff report. BACKGROUND The subject site is 2.54 acres in size and is zoned High Density Residential (R-3) with a High Density Residential (HDR) Land Use Designation. The site is surrounded by multi- family zoned parcels to the east and north, Professional Commercial (C-O) zoned properties to the west, and single-family residential properties to the south - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. 4 Resolution No. 2100 - CUP No. 22-06 June 28, 2022 Page 2 of 8 Our Savior Lutheran Church has been part of the City of Arcadia community since 1957 and was originally approved under Variance No. V 56-8 in 1956. The church has expanded their uses throughout the years under several Conditional Use Permits (CUP) and the currently has a sanctuary, fellowship hall, a youth facility, storage building, and the Quint House refer to Figure No. 1 for an aerial view of the site. The site has a total of 113 parking spaces, four (4) ADA spaces and 109 standard parking spaces refer to Attachment No. 3 - Architectural Plans. The Quint House was previously part of a separate property that was purchased by the church in 1961 and the lot was tied to the church site under a covenant refer to Figure No. 2 below for a picture of the house. The Quint House was originally a residence, but was repurposed by the church for classrooms, offices, and for the use of other church functions in 1962. The residential layout and the exterior appearance of the building has been retained throughout the years. The original garage for the house was converted into a storage building under the approval of the youth facility. Quint House N Sanctuary Fellowship Hall Youth Facility Storage Figure No. 1 - An aerial view of the site. Figure No. 2 - Quint House 5 Resolution No. 2100 - CUP No. 22-06 June 28, 2022 Page 3 of 8 PROPOSAL The church is now requesting to reconvert the 2,512 square foot, two-story building back to a residence for the new Pastor and his family. The congregation feels it is more ideal to have their pastor reside on the premises than to live off-site. With the decline in enrollment at the church due to the pandemic, the church is able to downsize some of their classrooms and relocate them into another building, therefore freeing up the space to allow them to use the Quint House as a residence once again. The conversion will only require minor interior updates to reconnect the kitchen cooking appliances, update the bathrooms, and to replace the mechanical equipment. No changes to the building layout or the exterior of the building are proposed. The house will consist of four (4) bedrooms, three (3) bathrooms, a sitting room, living room, dining room, and kitchen refer to Attachment No. 3 to view the floor plans and elevations of the building. The house will have two parking spaces in the parking lot that will be dedicated for this residence. ANALYSIS The request to reconvert the Quint House into a residence is subject to a CUP for any minor expansion to an existing church operation. The residence will be an ancillary use to the church. The reconversion of the Quint House will be a seamless change since the façade and layout of the original house were retained throughout the years. The Arcadia Fire Department conducted an inspection of the building and determined that the building does not require any upgrades due to the change in use. Building Services has also reviewed the proposal and did not have any concerns. The change in use will not change the character of the neighborhood as the building has also appeared as a house. Due to the decline with in-person service because of the pandemic and the services are now being streamed online, the site has plenty of ample parking to accommodate two spaces for the residence. Staff visited the site and confirmed that it is underutilized. Therefore, there is ample parking all of the uses on-site. FINDINGS Section 9107.09.050(B) of the Development 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. The proposed use is consistent with the General Plan and any applicable specific plan and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The request to allow a residence for the church is consistent with the goals and provisions of the Arcadia General Plan and the 6 Resolution No. 2100 - CUP No. 22-06 June 28, 2022 Page 4 of 8 Development Code. The site is zoned High-Density Residential (R-3) and has a High- Density Residential (HDR) Land Use Designation that allows a residential use as an ancillary use within a church, subject to the review and approval of a Conditional Use Permit. The request is to reconvert an existing building that was originally built and Pastor and his/her family. The expansion of use to allow a residence on the church site will not impact the operations of the church or impact the parking since only two parking spaces are required for the residence and the site has ample parking. Also, the church has the capacity to accommodate the classrooms and office space within other buildings on the site. Therefore, the residence will not adversely affect the comprehensive General Plan, is in compliance with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code, and is consistent with the following General Plan policy: Housing Element Policy H-2.2: Encourage development of residential uses in strategic proximity to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The reconversion of the residence will be an ancillary use and a minor expansion to the overall church operation. The existing building still appears as a residential home since very minor alteration to the building occurred over the years since it was a residence. The change in use will have little to no impact to the operation of the church. The church has the capacity to accommodate the classrooms and office space within other buildings on the site. The church will continue to operate as a ministry and will continue to provide the religious educational services to the community. It has been proven that the site has the capacity to accommodate the parking required for residence and will continue to have sufficient parking for the existing uses at the church site. Therefore, in terms of the design, scale and characteristics of the residence, it will be compatible with existing uses on the site and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood. Facts to Support This Finding: The site is suitable for the expansion in use to since it will remain in the same location, the building already has an appearance of a single- 7 Resolution No. 2100 - CUP No. 22-06 June 28, 2022 Page 5 of 8 the operation of the church. Only minor upgrades are required to the existing building. The change in use of the building will not impact the existing function of the church or to the parking, and this use will remain ancillary. Therefore, the site is physically suitable to support the residence. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is located along the south side of Duarte Road between Lovell Avenue and Holly Avenue. These streets are adequate in width and pavement type to carry the traffic generated by the existing uses at the church, the reconversion of the residence, and any emergency vehicle. Therefore, the proposed use will not impact these streets. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The application was reviewed by the Fire Department, and it was determined that no additional improvements to the building are needed to provide adequate protection service as a result in the change of use. Therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The existing building was built with adequate utilities. No expansion or additional square footage is proposed to this building. Therefore, no impacts to utilities are anticipated. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The proposal to reconvert the existing building back to a residential use will provide housing to the church Pastor and his/her family. The residence will be an ancillary use to the existing church operation. As such, the change in use will appear as a seamless change that will not create a nuisance or be materially injurious to the improvements, persons, property and uses within the site and vicinity, or the other surrounding residential and commercial properties. The church will continue to operate as a ministry and will continue to provide the religious educational services to the community. Therefore, the expansion in use to allow the reconversion of the building to a residence will not be detrimental to the public health or welfare, or the surrounding properties. 8 Resolution No. 2100 - CUP No. 22-06 June 28, 2022 Page 6 of 8 ENVIRONMENTAL ANALYSIS It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 of the CEQA Guidelines for the use of an existing facility - refer to Attachment No. 4 for the Preliminary Exemption Assessment. PUBLIC COMMENTS/NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in the Arcadia Weekly on June 16, 2022. As of June 24,2022, no public comments have been received. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2100 approving Conditional Use Permit No. CUP 22-06 to reconvert an existing building into a residence, and find that the project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The use approved by CUP 22-06 is limited to reconversion of an existing building shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 22-06. 2. Two (2) parking spaces shall be dedicated to the . The designated spaces shall be located closest to the Quint House. A sign shall be posted in front of the parking spaces or marked on the ground. This shall be subject to review and approval by the Planning & Community Development Administrator, or designee and verified prior to occupancy. 3. All improvements such as upgrades to plumbing, electrical, and mechanical work shall be subject to a building permit by the Building Division. 4. 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 by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 22-06 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the preschool. 9 Resolution No. 2100 - CUP No. 22-06 June 28, 2022 Page 7 of 8 6. To the maximum extent permitted by law, Property Owner/Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Property Owner/ivities in connection with Conditional Use Permit No. CUP 22-06 which may arise from the direct or indirect operations of the Applicant or those of the Property Owner/ contractors, agents, tenants, employees or any other persons acting on Property Owner/ Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Property Owner/Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Property Owner/Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to Property Owner/Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Property Owner/ legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Property Owner/Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Property Owner/Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Property Owner/Applicant. 7. Approval of CUP 22-06 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance 10 Resolution No. 2100 - CUP No. 22-06 June 28, 2022 Page 8 of 8 Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit Application No. CUP 22-06 stating that the proposal satisfies the requisite findings and adopting the attached Resolution No. 2100 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 22-06, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the June 28, 2022, hearing, please contact Associate Planner, Vanessa Quiroz, at 626-574-5422, or by email at vquiroz@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2100 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: Architectural Plans Attachment No. 4: Preliminary Exemption Assessment 11 12 13 14 15 16 17 18 19 20 21 22 23 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): R-3 Number of Units: HDR Property Characteristics 1919 2,512 0 Site Address:512 W DUARTE RD Parcel Number: 5784-006-009 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 12-Jun-2022 Page 1 of 1 24 Subject Site: Our Savior Lutheran Church Commercial property to the west of the site 25 Multi-family to the east of the site Commercial property to the west of the site 26 Multi-family property to the east to the site Multi-family property across the street to the north 27