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HomeMy WebLinkAbout1690 . 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 e . ~Kru Chairman, Planning Commission City of Arcadia ATTEST: -..., / ecretary, Planning Commission City of Arcadia APPROVED AS TO FORM: \ ~r,~ Stephen P. Deitsch, City Attorney 3 y . e . 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 . e , 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 . e . 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 . e . 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 . e . 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 . 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 ~ N 100 0 100 Feet , ~ 618ELiveOakAve . D Arcadia 10.21 Zone 618 E Live Oak A venue CUP 2003-002 S16) (600) (6OB) (614) ~ ~ . N {2513} 100 . 100 FHt ..q: , (2523) ~ (2532) , (2534) I I , ..... {635} I U) (625) , {623} / (615) / (60S) -~ (601) I LIVE OAK AVE \ (529) (634) \ (630) \ (620) \ \ \ \ (SOB) \ , (500) (512) Entrance to Goll Co \ , (SDS} (n e CO ClAL ~ - - \ --- \ --- ~ - - - -- - ~ -----' \ \ )_. ~J \ ~ \ \ ~ I \ I lJ) \ a: \ - - I --- . - ~. \ 1ts .pment Services DeparlmetJt Engineering Division FtepwetJby. R:S,Gonzam, Mat:h 2003 618 E Live Oak Avenue CUP 2003-002 ~ ~; .......;.//.. :-.' .... . '.p't ~,..,. . . ..... ':i" - ~:i~i: "i: ~~f~;(l~3.::lfl" '.' ~,'l", _...'r- "". ".,(....r;{.4<.~ ',~~~::. '~~~..~?i:::~i'}:~~~~~~*~i~~ ,~~.~~::,'::.:,:,~ '.~. . .. r I~" ,M , ..:...... .::.:A'''- ') ;;':,i'. .', ~'.' , <, , . ,'.. . ;.' "-. ~~.~~,~-~: "1"":""'" ~;;~:~ " .:,.;. . ~~1;j,~::;.; '~...,..~ . ,. ~ 'i:'''I.~:;: .\\);:> I~~;':":';'; I " .. '..,"-h. ..., ~:~:~iy":>' ~r\{!~)'.~ .~.';;" :\::J"-'..' ,,' "~' ':..t ..... " ;.... ~.;~,';.' ..'1 'f" :',. ,~. . .,': :.:.;~~~~~~~~~p~. .i'I~i ., ,~ .; .!.. ~~-.." ~/l' /11 ; /J '^;,,,." ,: ".,,-:::i 1,::::1"1 .::;' r."":. ,~ ~"""l:<"'':': .-.,.,.,..~ ., "; ,".'.' .",.~..~,.,.,,,. f~"'.....~,"'".,...~J.O;.."lI ...~\.....',.:-..l....~q;;c..,.....'-L.~-rr_~..or. , ...""'""JI'... '~r'"-''' ~.---: ' .~~,...,..........--".~~............. ",~' ~.-..,r:,,"', ... _ .._~" T"""""" ~ __ .~ ( .," ) 000 000 000 41' 000 [] 000 000 , 000 65' 12' /7' ,. 8'-6" 14'-6" J 20' 18 E LIVE OAK AVENUE } 1/8- ::..1'-0" (/J) ,... &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 -- 606 Nail Salon 1.019 Monday to Saturday lOAM to 9PM '608 Vacant 995 None - ~-_.- 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 -. __""0_.'_ --.-----.... .---.. .- - . l4- ) '.. . . e . " ,~ -. I' I,~' .' ",Ic."IJ'II- rl:'.... r:..ft. . Retail Investlnent Arcadia, CA EXCLUSIVE OFFERING " ,e , '. ~), " , 'f 1"1/ Li "1' ,:,"' 'I~ CI t,...'L." r Ir olf il{ i I . "',-:!... I'd ~J . IJ ...~ II :1'. ,I'" ll' ". "'!. ;',' . l ',' tl,.~ ~t ,_~,r> ' ,~~ 19",) , U:.: '1\.:Vj "I .-;1. ," -. . ~ "" l. ., e . , '. . . rrf1@1ifJ! 1/#&M! .', J~LL.~jJI_'lI ".,1 ~ J.. L .1lu ' I.. i, o'jl; 11 ;-; , 1,':Ji.I;, ., I, Jr",. _J,O 1'1]' )' " ~ ...... "" . e . "i ~ . " . I ". ," ';!''/'"V-1 't:J "J. IT.' r I'; I . I:I~; ,I ,: I.~ ~2~~;[;:~ ~i:,-iii:' , 1M rs {3 r;lrpw " '. 'Ibis informadcm bas been SCClII'ed from ~ ~e believe to be rtuable, but we make DO representations or wammies. expressed or implied. u.to the aecuracy of (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! , ~ ,.... ~ \; e . " , \ 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 I> 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.<-.. ~ II . 15. . ~(g ~ ,;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< ~ 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 -- Cl ~ 21, Cl ~ 22, Cl ~ 23. Cl Jxt 24. Cl ~ 25. Cl ~ 26. ~ ~ :: f1 ~ 29, Cl _ 30. Cl i\ 31. ~ {:: 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, . EnvironlnfoFonn ;. -3- 4/01 . 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 c ~~~ ~ ,,"' ,. ..... (Signature) :J .-/ For . " . , ,. EnvlranlnfoForm -4- 4/01 . 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 2 . 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 3