HomeMy WebLinkAbout1245 (2)
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PLANNING COMMISSION RESOLU"ION 1245
A RESOLUTION DENYING CONDITIONAL USE PERMIT C.U.P. 83-16
FOR THE OPERATION OF A CHURCH AND CHURCH-RELATED
ACTIVITIES AT 141 WEST LAS TUNAS DRIVE.
.
WHEREAS, on July 29: 1983 an application was filed by Parkview Christian
Church to allow the operation of a church and church-related activities,
Planning Department Case No. C.U.P. 83-16, on the property commonly known as
141 West Las Tunas Drive, more particularly described as follows:
Lot 30 of Tract No. 13540 as per map recorded in Book 277,
pages 11 and 12 of Maps in the Office of the County
Recor('er of sa i d County
WHEREAS, a public hearing was held on September 13, 1983 at which time
all interested ~~rsons were given full opportunity to be heard and 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 staff report is true and correct.
Section 2. This Commission finds that there is not adequate on-site
parking to accommodate ~aid use and that the locatiol of the proposed
additional parking as presented by the applicant could create a potential
safety problem for congregation members parking in this area and having to
cross a major arterial to attend the church facility.
Section 3. Based on the foregoing findings of fact the Planning
Commission hereby,denies the application for C.U.? 83-16.
Section 4. The decision, findings and conditions contained in this
resolution reflects the Commission's action of September 13, 1983 and the
following vote:
AYES: Commissioners Fee, Harbicht, Sargis, Jahnke
NOES: Commissioner Dixon
ABSENT: Commissioners Hedlund, Wells
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Page 1
1245
e
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 13th day of September, 1983.
Chairman
ATTEST:
Secretary
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Page 2
1~5
September 20, 1983
Mayor Dennis Lojeski
Members of the City Council
c/o City Hall
240 West Huntington Drive
Arcadia, CA 91006
RECEIVED
SEP 201983
CITV OF' .t,RC.I.OIA
C!!y ,-, ~...:_
Dear Mayor Lojeski, and Honorable Members of the City Council:
We, the people of Parkview Christian Church, petition you to appeal P.C. Resolu-
tion 1245, denying CUP 83-16. The basis of our appeal is directly related to the
two reasons stated for the denial, namely:
1) Inadequate Parking: Aware that there are no parking stipulations for churches,
we acquired more than adequate off- site parking in an effort to alleviate any
possible parking concerns. However, the parking issue was subsumed and
redirected to the issue of "safety", at}cJ... our acquisition of off- site parking was
negated. We therefore drew attentiorrtbe fact that (a) there is a crosswalk
adjacent to us, (b) and a control light one-quarter of a block.away. In addition
we offered to provide the added protection of a cross-walk guard as is used by
the school systems to insure maximum pedestrian safety. Our use of the
crosswalk would come when the traffic is very light (Sundays, and 7: 30 P. M.
weeknight).
2) Intensity of Program: What constituted "intensity" was never defined, nor was
any data presented to clarify its meaning; and constant emphasis was placed on
"population growth" and the "projected rate of annual membership growth." We
"tated that the nature of our particular spiritual program is relational, not
!lumber-oriented, offering our 25-year history to substantiate our declaration.
()ur contention is that Worship service and Bible study with an average attendance
of approximately 30 individuals, does not seem to constitute over-usage.
At no time was the issue of the meaning and purpose of our purchasing this facility
explored. We know that the commission was doing its work as best it saw its duty.
None-the-less, we believe a miscarriage of justice occurred. By definite design
we are a smaller congregation. We purchased this facility because it is zoned for
commercial usage, knowing that off-site parking was viable. Our, primary objective
:"1.'"
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PARKVIEW CHRISTIAN CHURCH
IOHN B. Gonuso. PH.D.. PASTOR
(213) 445-4959
.
"THE GRASS WITHERS, THE flOWER
FADES. BUT THE WORD Of OUR GOD
SH4lL STAND FOREVER."
ISAIAH 40:8
P.O. BOX 3081,:ARCADIA. C^ 9100&
e
September 20, 1983
Page 2 of 2
was, and is, the total spiritual ministry of our Body, and not the operation of a
school. In good faith we have obligated ourselves for' one-quarter of a million
dollars, and the expenditure of all of our church savings to acquire this property
for doing what we believe God is leading us to do, (and which is within the province
of city requirements).
We are willing to abide by the conditions of and the approval of p. C. Resolution 1245.
We therefore deeply request relief from this denial, and seek your assistance in
effectively resolving this matte:':' to the benefit of all concerned.
Respectfully submitted,
~"~
Dr~ Gottuso, Ph. D.
Pastor
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rA~VJl~-W C-HP-l'7'TlN'l ?HI1P-c-H
141 W. ~ -rU~ DP-Ille, ,",,,,,,,,,,-..pI,",
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SEPTEMBER 13, 1983
,TO:
FROM:
CASE NO.:
PREPARED BY:
GENERAL INFORMATION
APPLICANT:
LOCATION:
REQUEST:
.
LOT AREA:
FRONTAGE:
EXISTING LAND
USE & ZONING:
SURROUNDING LAND
USE & ZONING:
GENERAL PLAN
DESIGNATION:
HISTORY
ARCADIA CITY PLANNING COMMISSION
PLANNING DEPARTMENT
C.U.P. 83-16
DONNA L. BUTLER
ASSOCIATE PLANNER
ParKview Christian Church
141 West Las Tunas Drive
Conditional use permit to operate a church and church
related activities in addition to the existing
preschool.
11,758 square feet (.26 acres)
90. ~ feet a long Las Tunas Dri ve
The site is developed with a preschool; zoned C-O
North:
South:
Single-family dwellings; zoned R-1
Mixed commercial and industrial
uses; zoned C-M
Singl~-family dwellings; zoned C-O
Arcadia Wash and single-family
dwellings; zoned R-1
East:
West:
Commerci al
The existing structure was built in'l~6 (house and garage). In 1957 the
property was rezoned to C-O & D and in 1965 changed to c-o. The house was
converted to an office use in 1971 and on October 14, 1975, the Planning
Commission approved C.U.P. 75-16 for a preschool on the subject ,site. In May
of 1983 the Planning Commission granted C.U.P. 83-9 increasing the enrollment
of the preschool to 48 children and extending the business hours to 7:00 a.m.
to 6:00 p.m. MondRY through Friday.
.
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PROPOSAL
Parkv1ew Chr1stlan Church recently acquired the property and 1s at present
operat1ng the rreschool. They are requesting a conditional use permit to
expand the activities on the site to include a church and church-related
activities. .
!Accord1ng to the app11cant, Dr. Guttuso, pastor for the church, there will be
two church serv1ces on Sunday; one morning service at either,9:00 A.M. or
10:00 a.m. and one evening service from 6:00 p.m. to 9:30 p.m. or 10:00 p.m.
They will also have B1ble studies and prayer meetings Tuesday and Thursday
n1ghts or Wednesdays and Thursday nights from 7:30 p.m. to 10:00 p.m.
Dr. Gottuso has advised staff that the maximum congregation size
w1ll be 50 persons.
,They are also proposing to convert the existing garage/storage room on the
east side of the preschool into two off1ces which will be used during the day.
Parking
There are currently four marked parking spaces adjacent to the easterly
proper~' line and two marked spaces adjacent to the landscape buffer along Las
Tunas Dr1ve (a total of 6 spaces). The plans also 1nd1cate parking in the,
paved play area behind the garage/office building. In order to get to this
area you have to cross over the four 'existing parking spaces and go through
. the gate located between the garage and the easterly property line. Also,
this area is currently occupied with playground equipment which would have to
be moved.
The applicant has obtained permission from Joe Dana, operator of the Pet and
Jungle shop located at 124 Las Tunas Drive, to util1ze the parking lot for
"their overflow parking needs both week nights and Sundays". Mr. Dana,
however, 1s not the property owner, but only the operator of Pet & Jungle.
Dr. Guttuso has also received a letter from Mario Tse, son of the property
owner of the MarketTowne property. It is noted in Mr. Tse's letter that the
general parking area to be used on his site is bordered on the east by the
Muffler Shop, the south by Live Oak Avenue and on the north by the flower shop
. this area fronts Live Oak Avenue (see attached aerial).
Code states that when required parking areas are located on a separate lot
from the main building or land use there "shall be recorded in the office of
the County Recorder a covenant in the form approved by the City Attorney that
such owner or owners will continue to maintain such parking space as long as
sa1d building or land use is mainta1ned.
Mi seel laneous Information
.
.
The Fire Department has reviewed the requested conditional use permit and has
advised staff that additional outside exits will be required in the "Worship
Hall" and "Fellowship Hall". According to Jim Bateson, Fire Inspector, a '
C.U.P. 83-16
9/13/83
Page 2
.
maximum occupancy of 180 persons would normally be allowed in a building of
thi s size (both rooms); however, he has advised staff that based on thi s type
of structure he would recommend a maximum of 50 persons.
ANAL YSIS
.
Churches are a permittted use in all zones with an approved conditional use
permit. The City does not have any specific parking requirements for places
of assembly and churches. '
One of staff's main concerns regarding the use,of this site for a church is
the limited number of on-site parking spaces.
There are only six legal on-site parking spates. The area indicated on the
plans as "parking area" located in the back yard area does not comply with any
of the City's parking requirements, i.e. stall size, turn-around, etc. In
addi t ion access is not ava il abl e without movi ng the four cars parked adjacent
to the east property line.
Although the applicant has submitted letters from Pet & Jungle and MarketTowne
for use of their lots and portions of the lots for parking, staff is concerned
with the distance of these parking areas to the subject property. Las Tunas
Drive is denoted as a "major arterial" on the General Plan and is a four-lane
roadway with an approximate 70' width of paved area. There is a crosswalk
located at MarketTowne, however, it is doubtful that persons parking at Pet
and Jungle would utilize said crosswalk (see attached aerial).
It is staff's opinion that there is not adequate on-site parking to
accommodate said use and that the location of the additional parking presented
by the applicant creates a potential safety problem for persons parking in
this area and having to cross a major arterial to go to the church with only
limited protection of a crosswalk.
Also, there is no assurance that these parking areas will always be available
to the church.
.
Staff feel s that the proposed church is too intensive a use for this site and
cannot recomemnd,approval of this conditional use permit. The site as it
exists is not designed for church-type activities.
Attached is a letter from Mr. and Mrs. Zahody in favor of the requested
conditional use permit.
Pursuant to the provisions of the California Environmental Quality Act, the
Planning Department has prepared an initial study for the proposed project.
Said initial study did not disclose any substantial or potentially substantial
adverse change in any of the physical conditions within the area affected by
the project including land, air, water, minerals, flora, fauna, ambient noise,
and objects of historical or aesthetic significance. Therefore, a Negative
Declaration has been prepared for this project. .
C.U.P. 83-16
9/13/83
Page 3
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RECOMMENDATION
Because of the inadequate parking and the intensity of the use, the Planning
Department recommends denial of C.U.P. 83-16. However, if the Planning
Commission determines that this is an appropriate use of the property, the
Jlanni ng Department waul d recommend the foll owl ng, condi tions of approval:
1. That the maximum occupancy at anyone time shall not exceed 50 persons,
2. That the required exits shall be installed and that all Fire Safety
requirements shall be complied with to the satisfaction of the Fire
Department.
3. That a covenant in a form and content approved by the City Attorney
shall be recorded noting that such owner'or owners of the property at
120-126 Las Tunas Drive and 150 Las Tunas Drive will continue to
maintain their parking area for said use of the church as long as the
church is maintained.
4. That the church shall not operate until all conditions of approval have
been complied with.
5.
That C.U.P. 83-16 shall not take effect until the owner and applicant
have executed a form available at t~e Planning Department indicating
awareness and acceptance of the conditions of approval.
.
.
C.U.P. 83-16
9/13/83
Page 4
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LAS TUNAS DRIVE
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. alP 83-l6 SCALE
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AUG 15 t98J
August: 12, 1983
I, MR. .MARIO 'l'SE, do h8reby authorize PARlCVIEW CIIRIS'rIAN
l,;IlW<U! (SOLLY OAKS SCBOOL) to utilize, 011 week-llight:8 and
SUDdays, my pa""'4'\q lot located 011 the lOO-bloclc. of West
Las 'lImBs Drive, Arcadia. Calif. 'l'be qeneral parIt1nq area
to be ased (for approximately 20 cars) 18 bordered 011 the
.
east by the IlIUffler shop, the south by Live Oak Ave. and
on the IlOrth by the flolMr shop.
We, PARItVIBW alRIS'l'IAN \.1iu...... (HOLLY OI\KS SCBOOL) do accept
full EOapOnSibility for use of the park1nq area.
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DA!I.'E I
AlA c;. CAST / J.., I f~?'
DATE.
4uc;. / z, /ttfy.5
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July 1983
To Whom It May Concern:
I, Mr. Joe Dana, do hereby grant PARKVIEW CHRISTIAN
CHURCH (HOLLY OAKS PRE-SCHOOL) permission to use
our PET & 'JUNGLE SHOP parking facilities (approxi-
mately one-fourth acre, paved, parking lot) located
at 124 West Las Tunas Drive, Arcadia, CA., for
their over-flow parking needs both weeknights and
Sundays.
Parkview Christian Church absolves Pet & Jungle Shop
of any liability and/or responsibility for any and
all personal and vehicular events that may transpire
during the usage of the premises.
~
j)/Z. ~ '~ -. l'
DR. JO~ GOTTUSO 'i~ 5
Parkview Christian Church Pet
7-r~
Shop
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SEP 2 1983
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File No. ~V" 8S"~
CALIFORNIA ENVIRONMENTAL QUALITY ACT
NEGATIVE DECLARATION
CITY OF ARCADIA, CALIFORNIA
A. Description of project: ~./:1(~/~ /~,,~ - )~":7Z> ~ 'W>L
A-~;LN .A t:H/1'/..u PJ:;i1..4...~ .,b.-P70A7~ Ar Au.Bl'..I~L.//_
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B. Location of project: At/ ~ ~ ~~_~
. C. Name of applicant or sponsor: 1],1'1//8<1 ~J ~~.J.t '
D. Finding: This project will have no significant effect upon the
environment within the meaning of the California Environmental
Quality Act of 1970 for the reasons set forth in the attached
Ini tial Study.
E. Mitigation measures I if any, included in the project to avoid
potentially significant effects:
Date: .ku(T" '" /.9A.B
~
S~gnaturE!
.
Date Posted:
~$1'a:/A1E 6:0--
T~tle
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.
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A. BACKGROUND
1.
Name of Proponent
File No. Cb/,4 86../~
ENVIRONMENTAL CHECKLIST FORM
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2. Address and Phone Number of proponent.R.a 4ax ~/
A:,/~~AI . a 9/~
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rL/.;t) #5.4J1~
B. ENVIRONMENTAL IMPACTS
(Explanations of all .yes" and "maybe" answers are required on attached sheets.)
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FileNo. CLR ~~-l ~
ENVIRONMENTAL INFORMATION FORM
A. Applicant's Name.
PARKVIEW CHRISTIAN CHURCH
Address:
P.O. Box 8031, Arcadia, CA 91006
B. Property Address (Location): 141 Las Tunas Drive
Arcadia. CA 91006
C. General Plan Designation:
Commercial (Church)
D. ZOne Classification:
C.O.
E. Proposed Use (State ~xactly what use is intended for the property, i.e., type,
activities. employment):
F.uAn9~lirAl rhl1rrh .prnqrAm. wnr~h;p fellowship, Bible Studv. Counselina.
Prayer Meetings, SchoolinQ, General Meetinqs.
F. Square Footage of Site: Approximately 12,000 sq. ft.
G. Square Footage of Existing Buildings:
1. To Remain:
2,300 sq. ft.
2. To Be Removed. None
H. Square Footage of New Buildings IN/A
I. Square Footage of Buildings to be Used for:
1. Commercial Activities:
2300 sq. ft.
2. Industrial Activities. , N/A
3. Residential Activities: N/A
Number of units:
None
T. On a separate sheet, describe the following:
1. The environmental setting of the project site as it exists.
2" The proposed alterations to the project site.
I'
3.' The use and development of th.e surrounding properties.
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ENVIRONMENTAL INFORMATION FORM
- J.
(1) Conunercial
(2) None
(3) None
.
.
property; lot contains two buildings (school. garage)
.
.
.
EnvirOnmental Information Form
K. Check the appropriate answers to the fOllowing,questions:
Yes No
1. will the proposed project result in a substantial alteration
of ground contours and/or alteration of existing drainage
pattern?
x
2. Will the proposed project result in a change in groundwater
quality and/or quantity?
x
3. Will the proposed project result in an increase in noise,
vibration, dust, dirt, smoke, fumes, odor or solid waste?
x
4. Will the proposed project result in the use or disposal of
potentially hazardous materials?
x
5. Will the proposed project result in a substantial increase
in demand for municipal services and/or energy consumption:
x
Explain in detail any "YES" answers to the above questions on additional sheets.
L. Provide any additional information which would elaborate on the potential
environmental consequences resultant from the proposed project. NONE
M. certification: I hereby certify that the statements furnished above and in the,
attached exhibits present the data and information required for this initial
evaluation to the best of my ability, and that the facts, statements and information
presented 'are true and correct to the best of my knowledge and belief.
Date.
July 23, 1983
Pee. :be.
Signature f Applicant
PARKVIEW HRISTIAN CHURCH
(Dr. John Gottuso)
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PUBLIC HEARING C.U.P. 83-16
, .. . -..-.
141' West Las Tunas Drive
Consideration of a Conditional Use Permit
to operate a church and church related
activities at an existing day care school.
The staff report was presented; ,the public hearing was opened.
Dr. John Gottuso, 370 West Las Flores Avenue, applicant and pastor of the church,
was present. He estimated the attendance for the church at 25 persons, and Sunday,
School attendance at 6 to 8 individuals. They have been meeting at various
members' homes and at Dr. Gottuso's home. Dr. GottuSO stated he is presently oper-
ating the day school with a staff of 4.
Dr. Gottuso said that he, and his con~rega~ion, do not feel their church is a fast
growing large attendance church, and therefore feel the facility will be adequate
for some time in size. He felt that although the parking they anticipate using
is some distance from the building they proposed t'o use there is a crosswalk available,
and that traffic conditions on Las Tunas on Sunday mornings and the 2 evenings
they will be using the facility are 'such that there will be little inconvenience or
danger to those attending the services. He noted that from the standpoint of inten-
sity of use, the existing day school' makes more demands on the facility and contri-
buted more traffic to the immediate area than the church would; the school. attendance
is 48 and the parents bring children to the school and call for them in the afternoon.
Dr. Gottuso stressed that this church was not a "large-attendance church", and they
don't stress high attendance.
Julie Cerrina, 334 El Dorado Avenue, a member of the church, spoke in favor of the
request. She stated, in reference to .the, growth pattern, that when she joined the
church in 1961 there were 6 to 7 families within the church, with an average of 2
children per family, and there is about the same number of people there now. She
stated the church has met at a location on Santa' Anita Avenue in the past, which is
a much busier street, than Las Tunss, and .they had no problem with traffic or parking.
Commissioner Jahnke stated on behalf of the Commission that they were not challenging
the growth statistics presented by.the applicant, only reviewing the suitability of
the building and parking, etc., for the particular use proposed.
There were no others to speak to this application.
MOTION
It was moved by Commissioner Fee, seconded by Commissioner Harbicht, to close
the public hearing; the motion passed by voice vote with none dissenting.
Commissioner Harbicht was concerned about the parking arrangements proposed, he
did not consider it a safe situation. Commissioner Sargis pointed out that if the
Commission approved a conditional use permit for a church use for this property,
this church would then have the right to sell the property and the conditional use
permit would be valid even if the new owner was a church with 500 members. The
decision is one of planning, not just the presently proposed use. Once the use
is established, it goes with the land. Commissioner Sargis felt this was too inten-
sive a use for this piece of property.
9/13/83
Page Five
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PUBLIC HEARING C.U.P. 83-16 (Cont'd)
Commissioner Dixon felt the conditions of approval stated in the staff'report
were restrictive enough to control the situation. He thought the distance from the
church to the parking lot was no problem and wondered.what provision could be
made to make the Street crossing safe.
,Commissioner Fee felt the parking spaces onsite were entirely too few, and
the balance of the parking proposed too ,far from the ~acility. He thought the
crossing of Las Tunas 'could pose problems particularly with young children or
senior citizens.
Commissioner Dixon brought up the possibility of installing a traffic sig~al of the
type where the pedestrian pushes a button and traffic is halted. Mr. Woolard said
there was such a signal on Colorado Boulevard near the park, adjacent to the rail-
road track, installed because Colorado Boulevard is at that point depressed and
visibility was very poor; this was done at City expense since it was in connection
with the park, and the numbers of people crossing there pstified the installation
of the signal. '
Commissioner Jahnke expressed much concern with establishing a church at any
location with the amount of onsite parking this situation has. The preschool which
exists there is nOt a situation which require continuous parking or cross street
traffic. In view of the fact that the conditional use permit could be passed on to
any church which might purchase the property from the present applicants, he felt
it would be an unsuitable location.
MOTION
It was moved by Commissioner Harbicht, seconded by Commissioner Fee, to approve
Resolution 1245 denying C.U.P. 83-16 because of insufficient parking facilities.
ROLL CALL
AYES:
NOES:
ABSENT:
Commiss ione rs Fee', Harbicht, Sa'rgis, Jahnke
Commissioner Dixon
Commissioenrs Hedlund, Wells
Chairman Jahnke announced the 5 working day appeal period for this application.