HomeMy WebLinkAbout1690
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RESOLUTION NO, 1690
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA APPROVING CONDITIONAL USE
PERMIT NO. 03-002 TO OPERATE A CHURCH WITH AN
ASSEMBLY AREA NOT TO EXCEED 800 SQUARE FEET
AT 618 E. LIVE OAK AVENUE
WHEREAS, on January 17, 2003, a conditional use permit application was filed by
Ming Shen to operate a church with seating for 20 patrons (Development Services
Department Case No. C.U.P. 03-002) at property commonly' known as 618 E. Live Oak
Avenue; and
WHEREAS, a duly noticed public hearing was held on March 11, 2003, 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
e 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
because the initial study did not disclose any substantial adverse effects to the area
affected by the proposed project.
2. That the use applied for at the location indicated is a proper 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. 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 with 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 traffic generated by the proposed use.
I 5, That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan because the land use and current zoning are consistent with
the General Plan.
6, That the use applied for wUl 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 wildlife resources or the
habitat upon which the wildlife depends.
SECTION 3, That for the foregoing reasons this Commission grants Conditional Use
Permit No. CUP 03-002, to operate a church, upon the following conditions:
1. The assembly area for the proposed church shall be limited to 800 square
feet for non-permanent seating.
2. All onsite signage shall be in compliance with the City's sign ordinance
(AMC Sec, 9262.4 to Sec. 9262.4.20). All signage shall be reviewed and approved by
Planning Services and appropriate permits shall be obtained from Building Services.
All signage shall be removed unless an Architectural Design Review approval and
e Building Permits are on file in the Development Services Department regarding said
signage. This includes wall signs, window signs, and temporary banners.
3, Noncompliance with the plans, prOVisions and conditions of approval for
CUP 03-002 shall be grounds for immediate suspension and/or revocation of any
approvals,
4. Approval of CUP 03-002 shall not take effect until the property owner and
applicant 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 church services shall be limited to Wednesday evenings and
Sundays only.
6. The applicant shall defend, indemnify, and hold halii1less 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
2
. 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 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 officers, employees, and agents
in the defense of the matter.
SECTION 4. 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 forgoing Resolution was adopted at a regular meeting of
the Planning Commission held on the 11th day of March 2003, by the following votes:
AYES: Baderian, Hsu, Lucas, Wen, Olson
NOES: None
ABSENT: None
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Chairman, Planning Commission
City of Arcadia
ATTEST:
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ecretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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STAFF REPORT
Development Services Department
March 11, 2003
TO:
Arcadia City Planning Commission
Donna L. Butler, Community Development Administrator
By: Joseph Lambert, Associate Planner
FROM:
SUBJECT: Conditional Use Permit Application No. CUP 03-002 to operate a
church at 618 E. Live Oak Avenue
. SUMMARY
This Conditional Use Permit application was submitted by Ming Shen to locate a
church within an approximate 1,369 square foot commercial space at 618 E. Live
Oak Avenue. The Development Services Department is recommending approval of
CUP 03-002 and adoption of Resolution 1690 granting the conditional use permit
subject to the conditions of approval listed in this staff report.
GENERAL INFORMATION
APPLICANT: Ming Shen (tenant)
LOCATION: 618 E. Live Oak Avenue
REQUEST: A Conditional Use Permit to locate a church within an existing
approxImate 1,369 square foot commercial space. The proposed
church shall be limited to an assembly area of 800 square feet for
non-permanent seating. A parking modification is also being
requested for 58 on-site parking spaces in lieu of 114 spaces
required.
SITE AREA: 30,730 square feet (0.71 acres)
FRONTAGES: Approximately 204 feet on Live Oak Avenue
Approximately 132 feet on Hempstead Avenue
CUP 03-002
March 11, 2003
Page 1
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EXISTING LAND USE & ZONING:
This subject commercial space is within a commercial center with
eight units. The entire center is zoned C-2 - General Commercial
SURROUNDING LAND USES & ZONING:
North: A church and mixed-use commercial; zoned C-2
South: Single-family residential; located within unincorporated Los
Angeles County
East: Vacant City-owned property; unzoned
West: Restaurant; zoned C-2
GENERAL PLAN DESIGNATION: Commercial
BACKGROUND
618 E. Live Oak Avenue is a 1,369 square foot space within a nine-unit commercial
center. There are 58 on-site parking spaces for the entire commercial center. On
June 12, 2001, the Planning Commission approved CUP 2001-011 to expand an
existing martial arts studio at 616 E. Live Oak Avenue. Initially, the martial arts
studio occupied only 616 E. Live Oak Avenue. The approval resulted in the martial
arts studio expanding from 616 E. Live Oak Avenue to the adjacent unit, 618 E. Live
Oak Avenue. Another component of CUP 2001-011 was a parking modification for
58 on-site spaces in lieu of 108 spaces required, Recently, the martial arts studio
has vacated p18 E. Live Oak Avenue and it is located entirely within 616 E. Live Oak
Avenue. Therefore, this application is to convert part of the former martial arts studio
at 618 E. Live Avenue to a church, which is a conditionally permitted use within the
C-2 zone.
PROPOSAL AND ANALYSIS
Due to the limited parking availability, the applicant originally proposed a church with
seating for 20 patrons. City regulations state that parking for a church requires one
space for every five fixed seats, or one space for every 35 square feet of floor area in
the main assembly area. As originally ,proposed with seating for 20 patrons, four
parking spaces are required for the church.
If the proposed church were approved with an assembly area for 20 people, no
parking modification would be necessary. However, it is the opinion of staff that it
would be unrealistic to limit a church to a maximum occupancy of20 worshippers at
a time. Although the total area of 618 E. Live Oak is 1,369 square feet, the area that
could accommodate assembly is approximately 800 square feet. Therefore, staff is
recommending that the church be allowed to have an assembly area of 800 square
feet. The 800 square feet of assembly area would accommodate approximately 40
people.
CUP 03-002
March 11, 2003
Page 2
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An 800 square foot assembly area would require a parking modification for 58 on-site
parking spaces in lieu of 114 spaces required. Although the martial arts studio
required six fewer parking spaces, it was a use that was a more popular destination
during weekday and daytime hours. The other uses in the same center include a
take-out restaurant, nail salon, retail golf shop, martial arts studio, and three vacant
storefronts. The existing uses within the center are busiest during daytime hours and
the church patrons will be using the parking during off-peak business hours.
The church is proposing to operate on Sundays only, and possibly a weeknight
service may be added in the future. The other businesses in the commercial center
are more likely to attract customers on weekdays and during daytime hours. It is
staffs opinion that the proposed church operating on Sundays and on selected
weeknights would not significantly affect the existing parking situation at the center.
Code Reauirements
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, fire prevention, detection, suppression, restrooms and site design
shall be complied with to the satisfaction of the Building Official, Fire Marshall, and
Community Development Administrator,
CEQA
The proposed use will not have a potential for causing a significant effect on the
environment and is, therefore, categorically exempt from CEQA per Section 15332.
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.
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.
CUP 03-002
March 11, 2003
Page 3
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5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 03-002 subject to the following conditions:
1. The assembly area for the proposed church shall be limited to 800 square feet
for non-permanent seating.
2. All onsite signage shall be in compliance with the City's sign ordinance (AMC
Sec. 9262.4 to Sec. 9262.4.20). All sign age shall be reviewed and approved
by Planning Services and appropriate permits shall be obtained from Building
Services. All signage shall be removed unless an SADR approval and
Building Permit is on file in the Development Services Department regarding
said signage. This includes wall signs, window signs, and temporary banners.
3. Noncompliance with the plans, provisions and conditions of approval for
CUP 03-002 shall be grounds for immediate suspension and/or revocation of
any approvals.
4. Approval of CUP 03-002 shall not take effect until the property owner and
applicant 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 hold 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 Govemment 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 conceming 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 officers, employees, and agents in the
defense of the matter,
PLANNING COMMISSION ACTION
Approval
The Planning Commission should move to approve CUP 03-002 and adopt
Resolution No. 1690 to permit a church with a maximum of 85 fixed seats or
CU P 03-002
March 11, 2003
Page 4
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600 square feet of seating area for non-permanent seating at 618 E. Live Oak
Avenue.
Denial
If the Planning Commission intends to deny this Conditional Use Permit application,
the Commission should move for denial and direct staff to prepare a resolution
incorporating the Commission's decision and specific findings.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this matter prior to the March 11, 2003 public hearing, please
contact Joe Lambert at (626) 574-5444.
nna L. Butler
Community Development Administrator
Attachments: Aerial Photo & Zoning Map
Land Use Map
Correspondence and plans submitted by applicant
Preliminary Exemption Assessment
Environmental Information
Resolution 1690
CUP 03-002
March 11, 2003
Page 5
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RESOLUTION NO. 1690
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, APPROVING CONDITIONAL USE
PERMIT NO. 03-002 TO OPERATE A CHURCH WITH AN
ASSEMBLY AREA NOT TO EXCEED 800 SQUARE FEET
AT 618 E. LIVE OAK AVENUE
WHEREAS, on January 17, 2003, a conditional use permit application was filed by
Ming Shen, to operate a church with seating for 20 patrons (Development Services
Department Case No. C.U.P. 03-002) at property commonly known as 618 E. Live Oak
Avenue; and
WHEREAS, A pUblic hearing was held on March 11, 2003, 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
e 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
because the initial study did not disclose any substantial adverse effects to the area
affected by the proposed project.
2. That the use applied for at the location indicated is a proper 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. 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 with 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 traffic generated by the proposed use.
. 5, That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan because the land use and current zoning are consistent with
the General Plan.
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 wildlife resources or the
habitat upon which the wildlife depends,
SECTION 3. That for the foregoing reasons this Commission grants Conditional Use
Permit No. CUP 03-015, to operate a church, upon the following conditions:
1. The assembly area for the proposed church shall be limited to 800 square
feet for non-permanent seating.
2, All onsite sign age shall be in compliance with the City's sign ordinance
(AMC Sec. 9262.4 to Sec. 9262.4.20). All signage shall be reviewed and approved by
Planning Services and appropriate permits shall be obtained from Building Services.
_ All signage shall be removed unless an SADR approval and Building Permit is on file in
. the Development Services Department regarding said sign age. This includes wall
signs, window signs, and temporary banners.
3. Noncompliance with the plans, provisions and conditions of approval for
. ,
CUP 03-002 shall be grounds for immediate suspension and/or revocation of any
approvals.
4. Approval of CUP 03-002 shall not take effect until the property owner and
applicant 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 hold 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
2
'period provided for in Govemment 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 officers, employees, and agents
in the defense of the matter.
SECTION 4. The decision, findings and conditions contained in this Resolution reflect
the Commission's action of March 11, 2003, and the following vote:
AYES:
NOES:
ABSENT:
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 forgoing Resolution was adopted at a regular meeting of
the Planning Commission held on the 11 th day of March 2003, by the following votes:
e AYES:
NOES:
ABSENT:
Chairman, Planning Commission
City of Arcadia
ATTEST:
Secretary, Planning Commission
City of Arcadia
APPROVED AS to FORM:
. Stephen p, Deitsch, City Attorney
3
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100 0 100 Feet
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. D Arcadia
10.21 Zone
618 E Live Oak A venue
CUP 2003-002
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.pment Services DeparlmetJt
Engineering Division
FtepwetJby. R:S,Gonzam, Mat:h 2003
618 E Live Oak Avenue
CUP 2003-002
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&0D-fi18 E. Ole GakslVB
Arcadia, CA !I100}
Current Stores Survey
UNIT TENANT SQ.FT. WORIONG HOURS REMARKS
-
600 Chinese Restaurant 1,175 Monday to Saturday Only 14 seats (Most business
10 AM to 9 PM are to eo & delivery) .
602 Golf Store 1,075 Monday to .Friday
10AMt06 PM
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606 Nail Salon 1.019 Monday to Saturday
lOAM to 9PM
'608 Vacant 995 None
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610 Vacant 995 None
612-6)4 Karaoke Store 1,990 Monday to Saturday
11AMto 12 PM
616 Kick Boxing 995 Monday to Friday ,
--- 2 PM t09 PM
618 Vacant 1,369 None -
TOTAL STORES SPACE: 9539 SQFT. TOTAL Area: 0.5 Acre
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Arcadia, CA
EXCLUSIVE OFFERING
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(be" iaforn:{adOJ). References to squ&Rl footage or age ~ apptcximtfC. Buyer c:mst verify Ute information and bears all risk for any inaccuracies. J014ll2Q!
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PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination when attached to Notice of Exemption)
1, Name or description of project: Conditional Use Permit 2003-002 - A request
to operate a church with a maximum occupancy of 20 people.
2.
Location:
618 E. Live Oak Avenue
3, Entity or person undertaking project:
A.
X B. Other (Private)
(1) Name: Mina Shen
(2) Address: 25703 Whisperinq Trees Way. Valencia. CA 91355
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in
accordance with the City's "Local Guidelines for Implementing the California
Environmental Quality Act (CEaA)" has concluded that this project does not require
further environmental assessment because:
a.
b.
c.
d.
e. --L-
f.
g.
h.
The proposed action does not constitute a project under CEQA.
The project is a Ministerial Project.
The project is an Emergency Project.
The project constitutes a feasibility or planning study.
The project is categorically exempt.
AppliCl;!ble Exemption Class: 15332
The project is statutorily exempt.
Applicable Exemption: .
The project is otherwise exempt on the following basis:
The project involves another public agency which constitutes the
Lead Agency: Name of Lead Agency
Date: Februarv 10. 2003
Staff
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7/02
FileNo. 19-;-00'2-
CITY OF ARCADIA
240 WEST HUNTINGTON DRIVE
ARCADIA, CA 91007
(626) 574-5400
ENVIRONMENTAL INFORMATION FORM
Date Filed: /-J- tJ5
General Information '
1. Name and address of developer or project sponsor:
M; -n3 She-77 . .
;?!;7o 3 w6:s~:~f T~ W'tj
v~/~___elJ II:3S~
2, Address of project (Location):
bJ 8 E L'-tle- oa.k A-v~
4.
Name, address and'telephone number of person to be contacted concerning this project:
.s he:n.
S" whts. ---r;ees
-fhar-{.( btl).:{.j7~3 8~g.
List and describe any other related permits and other public approvals required for this
project, inc!uding.those required by ci~, regional, state and federai agencies:
.
5, Zoning:~1A tl'''''../'. c:. ~ CJL
6. General Plan Designation: ~tfi1 ~e::,/''t'';.~l
Proiect DescriDtion
7. Proposed use of site (project deSCription):
. .J" he. '5; -f.e I.J.J; II be /AA, e.~ .f>;- ciu c-i 4 ('
--.J)Jt'J r:;h Iff I t.:L c.<-.. ~
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15.
.
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,;V'~ ~ 6/2 iP'7 /36-J >t'lJ ""
Site Size: ?!".:jrSq. Ft./ f),,~ Acre(s)
Square footage per building:
? L.Il- td:( I..d.-. So ~ (I)
10. Number of floors of construction:
(J7J.p ~
11. Amount of off-street parking provided:
67
12. Proposed scheduling of project:
_1h.e... '" h I .i ~ U<- rA. CJv", e.-l
13. Associated projects:
1.~ flAb.U r.;W I).,.s
eu.~ re+~l '5~"r'1<
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14. AntiCipated incremental development:
<'Y\ 0 "Y1 LL.-
If residential, include the number of units, schedule of unit sizes, range of sale prices or
rents, and type of household sizes expected:
16. If commercial, indicate the type, Le, neighborhood, city or regionally oriented, square
footage of sales area, anc!.Joading facilities, hours of operation:
17, If industrial, indicate type, estimated employment per shift, and loading facilities:
18. If institutional, indicate the major'function, estimated employment per shift, estimated
occupancy, loading facilities, and community benefits to be derived from the project:
19. If the project involves a variance, conditional use permit or zoning application, state this
and indicate clearly why the application is required:
r
-2-
, EnvlronlnfoForm
4/01
" Are the following items applicable to the project or its effects?
checked yes (attach additional sheets as necessary).
ES NO
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Cl ~ 21,
Cl ~ 22,
Cl ~ 23.
Cl Jxt 24.
Cl ~ 25.
Cl ~ 26.
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f1 ~ 29,
Cl _ 30.
Cl i\ 31.
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Cl K 34.
Discuss below all items
Change in existing features of any hills,. or substantial alteration of ground
contours.
Change in scenic views or vistas from existing residential areas or public
lands or roads,
Change in pattern, scale or character of general area of project.
Significant amounts of solid waste or litter.
Change in dust, ash, smoke, fumes or odors in vicinity.
Change in ground water quality or quantity, or alteration of existing drainage
patterns.
Substantial change in existing noise or vibration levels in the vicinity,
Is site.. on filled land or on any slopes of 10 percent or more?
Use or disposal of potentially hazardous materials, such as toxic substances,
flammable or explosives
Substantial change in demand for municipal services (police, fire, water,
sewage, etc.)
Substantial increase in fossil fuel consumption (electricity, oil, natural gas,
etc.)
Relationship toa larger project or series of projects
Has a prior environmental impact report been prepared for a program, plan,
policy or ordinance consistent with this project?
jf you answered YES to question no. 33, may this project cause significant
effects on the environment that were not examined in the prior EIR?
Environmental Settina '
Describe (on a separate sheet) the project site as it exists, before the project, including
information on topography, soil stability, plants and animals, any cultural, historical or
scenic aspects. Describe any.existing structures on the site, and the use of the
structures. Attach photographs of the site. (Snapshots or Polaroid photos will be
accepted.)
35,
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EnvironlnfoFonn
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Describe (on a separate sheet) the surrounding properties, including information on
plants, animals, any cultural, historical or scenic aspects. Indicate the type of land uses
(residential, commercial, etc.), intensity of land use (one-family, apartment houses,
shops, department stores, etc.), and scale of development (height, frontage, set-backs,
rear yards, etc,). Attach photographs of the vicinity, Snapshots or Polaroid photos will
be accepted.
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
1-3 - oj
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(Signature) :J
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For
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EnvlranlnfoForm
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RESOLUTION NO. 1690
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, APPROVING CONDITIONAL USE
PERMIT NO. 03-002 TO OPERATE A CHURCH WITH A
MAXIMUM SEATING FOR 85 PEOPLE OR AN ASSEMBLY
AREA NOT TO EXCEED 600 SQUARE FEET AT 618 E.
LIVE OAK AVENUE
WHEREAS, on January 17, 2003, a conditional use permit application was filed by
Ming Shen, to operate a church with seating for 20 patrons (Development Services
Department Case No. C.U.P. 03-002) at property commonly known as 618 E. Live Oak
Avenue; and
WHEREAS, A public hearing was held on March 11, 2003, 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 attached report is true and correct.
SECTION 2, This Commission finds:
1. That the granting of such Conditional Use Pennit will not be detrimental to the
public health or welfare, or injurious to the property or improvements in such zone or vicinity
because the initial study did not disclose any substantial adverse effects to the area
affected by the proposed project.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Pennit 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 with 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 traffic generated by the proposed use.
. 5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan because the land use and current zoning are consistent with
the General Plan.
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 wildlife resources or the
habitat upon which the wildlife depends,
SECTION 3. That for the foregoing reasons this Commission grants Conditional Use
Permit No. CUP 03-015, to operate a church" upon the follOWing conditions:
1. The assembly area for the proposed church shall be Iimited'to 85 fixed
seatsor600 square feet for non-permanent seating.
2. All onsite signage shall be in compliance with the City's sign ordinance
(AMC Sec, 9262.4 to Sec. 9262.4.20). All signage shall be reviewed and approved by
Planning Services and appropriate permits shall be obtained from Building Services,
. All signage shall be removed unless an SADR approval and Building Permit is on file in
the Development Services Department regarding said signage. This includes wall
signs, window signs, and temporary banners.
3. Noncompliance with the plans, provisions and conditions of approval for
CUP 03-002 shall be grounds for immediate suspension and/or revocation of any
approvals.
4. Approval of CUP 03-002 shall not take effect until the property owner and
applicant 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 hold 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 conceming 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
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. 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 conceming 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 officers, employees, and agents
in the defense of the matter.
SECTION 4. The decision, findings and conditions contained in this Resolution reflect
the Commission's action of March 11, 2003, and the following vote:
AYES:
NOES:
ABSENT:
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 forgoing Resolution was adopted at a regular meeting of
the Planning Commission held on the 11th day of March 2003, by the following votes:
. AYES:
NOES:
ABSENT:
Chairman, Planning Commission
City of Arcadia
ATTEST:
Secretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
. Stephen P. Deitsch, City Attorney
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