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HomeMy WebLinkAbout1603 . RESOLUTION NO. 1603 A RESOLUTION OF THE PLANNING COMMISSION OFTHE CITY OF ARCADIA, CALIFORNIA, REVISING RESOLUTION NO. 1578 TO REVISE CONDITIONAL USE PERMIT NO. CUP 98-018 FOR A THEOLOGICAL SEMINARY AT 141 E. DUARTE ROAD. WHEREAS, on December 27, 1999, a request was submitted by Reverend Chi-Chong Theodore Chang of the Truth Theological Seminary to revise Condition No. 1 of Resolution No. 1578 which permitted the establishment of a theological seminary; Development Services Department Case No. CUP 98- 018, at an existing 9,400 square-foot, two-story office building at 141 E. Duarte Road, more particularly described as follows: lots 13 & 14 of Arcadia Santa Anita Tract in the City of Arcadia, County of Los Angeles, State of California, as per Map recorded in Book 1023, Pages 45 & 46 of Maps in the Office of said County Recorder. WHEREAS, a public hearing was held on February 22, 2000, 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 Development Services Department in the attached report dated February 22, 2000 is true and correct. SECTION 2. This Commission finds: 1. That the revising of the Conditional Use Permit will not be detrimental to the public health or welfare, nor injurious to the property or improvements in the 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, or sites for the proposed use are 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 subject property is designated for commercial use in the General Plan, that the proposed use is consistent with that designation, and that the granting of the Conditional Use Penn it will not adversely affect the comprehensive general plan. 6. That the evaluation of the environmental impacts as set forth in the initial study are appropriate and that the project will have no significant effect upon the environment within the meaning ofthe California Environmental Quality Act of 1970, and, when considering the project as a whole, there was no evidence before the City that the proposed project would have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends, and therefore, a Negative Declaration was approved. SECTION 3. That for the foregoing reasons this Commission approves the revision to Condition No. 1 of Resolution No. 1578 for Conditional Use Penn it No. CUP 98-018. All of the other conditions of approval are unchanged and remain in full force and effect. Condition Nos. 1.a., 1.b., and 1.c. were revised to read as follows: 1. The theological seminary and the site shall be operated and maintained in a manner that is consistent with the plans and proposal presented for CUP 98-018 and shall include the follOWing provisions: a. Classes shall be limited to a maximum of 30 students for the hours of 8:00 a.m. to 6:00 p.m. on weekdays and 10 a maximum of 60 students for weekends and weekdays after 6:00 p.m. b. Deleted. c. Not more than 40 persons may occupy the Seminary during the hours of 8:00 a.m. to 6:00 p.m. on weekdays and up to a maximum of 80 persons may occupy the Seminary at any other time provided that al leasl an additional 35 -2- 1603 . . . parking spaces are available during those times in accordance with the City's parking regulations. SECTION 4. The decision, findings, and conditions of approval contained in this Resolution reflect the Planning Commission's action of February 22, 2000, by the following vote: AYES: Commissioners Huang, Murphy and Bruckner NOES: None ABSENT: Commissioners Sleeter and Kalemkiarian 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 No. 1603 was adopted at a regular meeting of the Planning Commission held on March 14.2000, by the following vote: AYES: NOES: ABSENT: None ABSTAIN: Commissioner Sleeter Commissioners Huang, Kalemkiarian, Murphy and Bruckner None ommission AP~ TO FORM- -P./~ Stephen P. Deitsch, City Attorney City of Arcadia -3- 1603 STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT February 22, 2000 TO: Arcadia City Planning Commission FROM: Corkran W. Nicholson, Planning Services Manager By: James M. Kasama, Associate Planner SUBJECT: Revisions to the conditions of approval and a six-month review of CUP 98-018 for the theological seminary at 141 E. Duarte Rd. SUMMARY . The Planning Commission at its October 27, 1998 meeting approved Conditional Use Permit No. CUP 98-018 and adopted the attached Resolution No. 1578 to permit the establishment of a seminary in the existing 9,400 square-foot, two-story office building at 141 E. Duarte Road. One of the conditions of approval is that a public hearing be held six-months from the date of occupancy to review the seminary's improvements and its operation for compliance with the conditions of approval, and for any modifications that may be appropriate. This public hearing was initially scheduled in accordance with the aforementioned condition of approval. However, when the applicant was informed that this six- month review hearing was to be held, they indicated that they wished to request the following changes to the conditions of approval: A) Revise Condition No. 1.a. to increase the maximum class attendance limit from 20 students to 30 students for the hours of 8:00 a.m. to 6:00 p.m. on weekdays and to 60 students for weekends and weekdays after 6:00 p.m. B) Delete Condition No. 1.b. that requires that no more than one class be in session at a time. The applicant wishes to be able to hold more than one class at a time, but will limit the total number of attendance and occupancy. C) Revise Condition No. 1.c. to increase the occupancy limit of the Seminary from 30 persons at any time to 40 persons for the hours of 8:00 a.m. to 6:00 p.m. on weekdays and to 80 persons for weekends and weekdays after 6:00 p.m. provided that additional parking is available within 500-feet in . accordance with the City's off-site parking regulations (Sec. 9269.60) . Staff has determined that the applicant has, and is complying with all of the original conditions of approval and is not recommending any additional or more restrictive conditions of approval. Furthermore, the Development Services Department is recommending approval of the applicant's requested changes to the conditions of approval. GENERAL If':,(FORMATION APPLICANT: Rev. Chi-Chong T. Chang - Truth Theological Seminary LOCATION: 141 E. Duarte Road REQUEST: Revisions to three of the conditions of approval for the theological seminary approved by Conditional Use Permit No. CUP 98-018. SITE AREA: 19,365 sq. ft. (0.44 acre) FRONTAGE: 101.24 feet along Duarte Road . EXISTING LAND USE & ZONING: The site is improved with a 9,400 square-foot, two-story office building that is being used as a theological seminary. There are 34 on-site parking spaces. The property is zoned C-2: General Commercial. SURROUNDING LAND USES & ZONING: North: Multiple family residential - zoned R-3 South: Retail center - zoned C-1 East: Commercial center - zoned C~2 West: Credit Union - zoned C-2 GENERAL PLAN DESIGNATION: Commercial BACKGROUND The Planning Commission approved Conditional Use Permit No. CUP 98-018 on October 27, 1998. A Certificate of Occupancy was issued to Truth Theological Seminary on June 10, 1999, and the applicant indicates that classes commenced on September 7, 1999. In accordance with the conditions of approval of . Revisions to CUP 98-018 February 22, 2000 Page 2 . . . CUP 98-018, the applicant has remodeled the 9,400 square-foot, two-story, office building at 141 E. Duarte Road to provide the following facilities: . Two classroom areas totaling 2,208 square-feet . Two office areas totaling 2,112 square-feet . A 1,008 square-foot chapel and 1,008 square-foot library . A 768 square-footfaculty lounge and conference area . 1,536 square-feet on the second floor has been maintained as commercial office space. This space may eventually be used for seminary classrooms or offices, depending on future needs. Exterior changes to the property were limited to cosmetic improvements, new signs, and those alterations required by the Building Code and/or as conditions of approval. Staff has not observed any problems, nor received any complaints about the operations of the seminary. Attendance and Occupancv Limits The applicant's original proposal stated that the seminary would start with an enrollment of 12 to 16 students for the first year, and that the two southerly existing commercial office spaces on the second floor would remain, at least temporarily. However, the applicant did indicate that the seminary intends to eventually occupy the entire building, and that the maximum enrollment would be 40 students with a staff comprised of three full-time administrators, one part-time clerical person, and 14 part-time instructors. Office hours would be Monday through Friday, 9:00 a.m. to 5:00 p.m. with classes available as follows: Mondays 8:00 a.m. to 9:00 p.m. Tuesdays & Thursdays 1 :30 p.m. to 9:00 p.m. Wednesdays & Fridays 9:00 a.m. to 5:00 p.m. There are 34 on-site parking spaces. This was considered adequate based on the applicant's proposed maximums and an understanding that rarely would all of the students and employees be on the premises at one time, and that the use of the chapel and library are limited to the students and staff, and are not to be available for use by the general public. Because the facilities have the potential for substantially higher occupancies and because it is difficult to regulate and monitor the maximum number of people at a location there were concerns that full utilization of the facilities could result in significant parking problems that could negatively impact the neighboring Revisions to CUP 98-018 February 22, 2000 Page 3 . businesses. Therefore, attendance and occupancy were limited by the following conditions of approval: 1. The theologicel seminary and the site shall be operated and maintained in a manner that is consistent with the plans and proposal presented for CUP 98- 018 and shall include the following provisions: a. Classes shall be limited to 20 students. b. No more than one class may be in session at a time. c. No more than 30 persons may occupy the Seminary at any time, except that on Monday mornings, from 11:00 a.m. to 12:00 noon, chapel services may be held, with a maximum attendance of 40 persons. The applicant has been complying with these provisions. However, they have indicated that enrollment and attendance is already exceeding their initial projection of 12 to 16 students for the first year. In fact, they have classes with enrollments of 30 and 40 students. However, in order to comply with the conditions of approval, the class with 30 students is being held at another location, and the class of 40 students has been split into two 20-student sections. . PROPOSAL AND ANAL YSI~ In order to accommodate the requests for enrollment, and the interest in evening classes, the applicant is requesting the following changes to the conditions of approval: A) Revise Condition No. 1.a. to increase the maximum class attendance limit from 20 students to 30 students for the hours of 8:00 a.m. to 6:00 p.m. on weekdays and to 60 students for weekends and weekdays after 6:00 p.m. B) Delete Condition No. 1.b. that requires that no more than one class be in session at a time. The applicant wishes to be able to hold more than one class at a time, but will limit the total number ofattendance and occupancy. C) Revis~ Condition No. 1.0. to increase the occupancy limit of the Seminary from 30 persons at any time to 40 persons for the hours of 8:00 a.m. to 6:00 p.m. on weekdays and to 80 persons for weekends and weekdays after 6:00 p.m. provided that additional parking is available within 500-feet in accordance with the City's off-site parking regulations (Sec. 9269.60) . Revisions to CUP 98-018 February 22, 2000 Page 4 . . . These changes are primarily requested to allow increased Lise of the seminary facilities during non-business hours (i.e., on weekends and after 6:00 p.m. on weekdays). The maximum occupancy of the seminary during business hours (i.e., 8:00 a.m. to 6:00 p.m.) will be increased by only 10 people from 30 persons to 40 persons, but there could be a noticeable increase in activity by allowing more than one class to be held at the same time. Based on observations since the Certificate of Occupancy was issued on June 10, 1999, the existing 34 on-site parking spaces should be adequate for a maximum occupancy of 40 persons. The parking lot is underutilized, and the applicant states that many of the students use public transportation and/or carpool. For the occupancy of up to 80 persons during non-business hours, the seminary will maintain access to additional parking in accordance with the City's parking regulations. Staff feels that at least an additional 35 parking spaces should be available. Section 9269.6 of the City's parking regulations provides the following: Required parking areas shall be located on the same lot or site, or on a lot or site contiguous thereto, or within 500-feet of the building or land use which these facilities will serve. When required off-street parking spaces, are provided 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 spaces as long as said building or land use is maintained. SPECIAL INFORMATION A letter from the applicant is attached. It explains why the applicant is requesting the revisions to the Conditional Use Permit, and includes 64 signatures from neighbors in support of their proposal. CECA Pursuant to the prOVISions of the California Environmental Quality Act, the Development Services Department 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 Revisions to CUP 98-018 February 22, 2000 Page 5 . . . noise and objects of historical or aesthetic significance. When considering the record as a whole, there is no evidence that the proposed project will have any potential for adverse effects on wildlife resources or the habitat upon which the wildlife depends. Therefore, a Negative Declaration was prepared for this project. RECOMMENDATlGN The Development Services Department recommends approval of the requested revisions to Conditional Use Permit No. CUP 98-018 so that Condition NO.1 of Resolution No. 1578 is revised to read as follows: 1. The theological seminary and the site shall be operated and maintained in a manner that is consistent with the plans and proposal originally presented for CUP 98-018 and for this subsequent revision, and shall include the following provisions: a. Classes shall be limited to a maximum of 30 students for the hours of 8:00 a.m. to 6:00 p.m. on weekdays and to a maximum of 60 students for weekends and weekdays after 6:00 p.m. b. Not more than 40 persons may occupy the Seminary during .the hours of 8:00 a.m. to 6:00 p.m. on weekdays and up to a maximum of 80 persons may occupy the Seminary at any other time provided that at least an additional 35 parking spaces are available during those times in accordance with the City's parking regulations. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve the revisions, the Commission should move to approve and file the Negative Declaration and direct staff to prepare the appropriate resolution incorporating the Commission's decision, specific findings and conditions of approval as set forth in the staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this application, the Commission should move for denial and direct staff to prepare the appropriate resolution incorporating the Commission's decision and specific findings. Revisions to CUP 98-018 February 22, 2000 Page 6 . . . If a Planning Commissioner, or any other interested p~ has any questions or comments regarding this matter prior to the February 22 public hearing, please contact Associate Planner, Jim Kasama at (626) 574-5445. Approved by: {}L\ U} 11JJ1u Corkran W. Nicholson Planning Services Manager Attachments: Plans , Land Use and Zoning Map Resolution No. 1578 Letter from the Seminary dated December 18, 1999, with statements of support with 64 signatures (23 pp.) Negative Declaration & Initial Study Revisions to CUP 98-018 February 22,2000 Page 7 ,r . ! . C. _1(:>!' . 1~ -' I$: 'w"-'" -"...:.l.,.:~ '. >;' .' " . ~ ---I , ;~'- Ii:d I I;, II.'... , 'l\7 .' 'i j ,. ..... I ; " .~ ~'....:::.,~ " .' .. . , , " , .' ~ ". .1 ',i '. I ..:,!=-. " II ) " , t'-'$T"1'o1 S...H",,,,..NCt q '\ ,"0 .of,-' , . . " '.' - -. . ,..., ,.--. L....~ ~ . . - A ... _~_ .' .1.: . . .. ;: , l "'-;"111\,:1 If!._ , , ...'- ....~ - - -. - .r, . , , . , ; I~ ...~....... I , I 1':4 1 ',' I . I I . -=_ -,I (. c.....,...., I ...... '. .- '. .' " " " ...... .... I J."_,, * , .1 . I , . oj '. . .",.-.., .,"'-1 ~.. . ",t.. " , ~ L. __.:12::...- ., ., '. - ~Jr--.1y~f I ...w,".. .,.~.-I c::,,-^,,:W._"'" I~~" . , .; .L , , .; L..,ll c. H"~c," Let-( ~r,..J"', \JII(.Po.."." 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TACO C-l LITA STORE C-l , R-2 R-I' STRIP RETAIL LAND USE & ZONING MAP 141 E. Duarte Road t NORTH CUP 98-018 / Truth Theological Seminary Scale: 1 inch = 100 feet