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HomeMy WebLinkAbout1769 . . . RESOLUTION NO. 1769 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 07-12 AND APPROVIING ARCHITECTURAL DESIGN REVIEW NO. ADR 07-21 FOR A NEW CHURCH/MEETING HAll AT 630 EAST LIVE OAK AVENUE WHEREAS, Conditional Use Permit application No. CUP 07-12 and Architectural Design Review No.. ADR 07-21 were filed by the Church in Arcadia, represented by Mr. David Dong, Church President on November 6, 2007 for a new church/meeting hall at 630 E. Live Oak Avenue; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City of Arcadia prepared an Initial Study and determined that there is no substantial evidence that the approval of Conditional Use Permit No. CUP 07-12 and Architectural Design Review No. ADR 07-21 would result in a significant adverse effect on the environment. Accordingly, a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, a public hearing was held by the Planning Commission on December 11, 2007, 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 is true and correct. SECTION 2. This Commission finds: 1. That the approval of Conditional Use Permit application No. CUP 07- 12 and Architectural Design Review No. ADR 07,21 for a new church/meeting hall at 630 E. Live Oak Avenue will not be detrimental to the public health or welfare, or injurious to the property or improvements in the zone or vicinity. - 1- 1769 . . . 2. That a new church/meeting hall at the location indicated is property one for which a Conditional Use Permit is authorized. 3. That the sites for the new church/meeting hall and supplemental parking 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 for the new church/meeting. hall 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 uses in the General Plan, that a new church/meeting hall is consistent with that designation, and that the granting of the Conditional Use Permit will not adversely affect the comprehensive 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 07-12 and approves Architectural Design Review No. ADR 07-21 for a new church/meeting hall at 630 E. Live Oak Avenue, subject to the following conditions: 1. This Conditional Use Permit is limited to the church/meeting hall for the Church in Arcadia and the meeting hall and site shall be developed, operated, and maintained in a manner that is consistent with the plans submitted to the Development Services Department for tne purposes of this application. 2. Any occupancy or use subsequent to that by the Church in Arcadia shall be subject to a new Conditional Use Permit. 3. The maximum attendance/occupancy at the entire meeting hall building and site shall not exceed 250 people at anyone time except for the weekend days (Saturday and Sunday) of the regional meetings of the Church in - 2- 1769 . . . Arcadia during which the maximum attendance/occupancy of the entire meeting hall building and site shall not exceed 1,000 people at anyone time. These regional meetings shall be limited to a maximum of four (4) per year and one (1) per quarter (i.e., January through March, April through June, July through September, and October through December) and each such regional meeting shall not exceed a four (4) day period of Thursday through Sunday. Aschedule of these regional meetings shall be provided annually to the Development Services Director sixty (60) days prior to the first regional meeting to be held at the new meeting hall and thereafter sixty (60) days prior to the first regional meeting of each calendar year. 4. The meeting hall shall not be leased, rented, let, or otherwise allowed to be used for any purpose by anyone or any other organization. Functions, such as religious ceremonies and social gatherings (e.g., baptisms, christenings, confirmations, weddings, receptions, funerals, etc.) may be held for members of the congregation, but not just hosted by, or sponsored by a member of the congregation. That is, the person to be baptized, christened and/or confirm('ld, the bride or groom, the honoree of a reception, the decedent, etc. must be a member of, or member-to-be of the Church in Arcadia. Any of these functions shall be limited to the maximum attendance/occupancy limit of 250 people at the entire meeting hall building and site. 5. Alcoholic beverages shall not be served, nor consumed in or on the groundS of this meeting hall, including the City-owned access roadway, remote parking lot, and the parking lot of the Arcadia Par 3 Golf Course. This condition does not restrict the dispensing of ceremonial drinks provided in compliance with the State Alcoholic Beverage Control regulations. 6. The Church in Arcadia shall not operate, provide or facilitate day schools, tutoring services, or day care services at this meeting hall, except for child care services during Church in Arcadia meetings/services/ceremonies. 7. Outdoor activities shall be limited to the east side of the meeting hall and north of the parking lot. -3- 1769 . . . 8. Fences on or for the meeting hall site shall be subject to detailed design review with the locations of any and all fences and any and all openings and/or gates to be approved by the Development Services Director. 9. A tree preservation plan shall be submitted for review and approval by the Development Services Director prior to the removal of any existing landscaping, site clearance and/or site preparation for construction. 10. The freestanding "Arcadia Par 3 Golf Course" sign is a legal~ nonconforming improvement and shall remain; there shall be an approximately three (3) foot separation between any part of the sign structure and any part of the meeting hall. the owner(s) of this meeting hall shall assure and maintain the visibility of this sign and shall allow and maintain access to the sign for maintenance purposes. This freestanding sign is not be used by or in conjunction with the meeting hall. 11. The following Parking and Zoning Modifications are approved for this churCh/meeting hall: A. A Parking Modification for 84 on-site spaces and a minimum of 40 off-site spaces in lieu of 206 spaces either on-site or within 100 feet of the meeting hall building (9269.5 & 9269.6) is granted for the usual use as generally described in the application materials for this meeting hall. For any ofthe large regional meetings of up to 1,000 people, additional off-site parking arrangements that will provide for a total of 206 parking spaces are required and are subject to approval by the Development Services Director. A written proposal of these additional off-site parking arrangements shall be provided to the Development Services Director thirty (30) days prior to the regional meeting for which the additional parking is required. This Parking Modification does not constitute approval of a general reduction of the parking requirements for the SUbject property, but rather only for the meeting hall that is herein conditionally approved. Changes to the meeting hall and/or the manner in which it is used and/or occupied shall be subjectto a new Conditional Use Permit and/or Parking Modification. -4- 1769 . . . B. An encroachment into the 45-degree angle, west side yard setback {9261.2.3.(c)} for the uppermost seven (7) feet of the rear 28 feet of the meeting hall building. C. A Sign Modification for three (3) die-cut letter signs, totaling 85 square feet, mounted at the edge of the decorative steel canopies over the front, west side. and rear entries in lieu of a total sign area of 40 square feat attached flat against the walls of the building and not above a roof line; and for the west side sign to face the access roadway and be located 76 feet from the front property line in lieu of not having a sign facing the side of the property and/or being within 50 feet of the front street (9261.4.1) 12. Vehicular access to the meeting hall site shall only be by the 25-foot wide access roadway by the driveway off of East Live Oak Avenue. The meeting hall will be permitted to use the 20-foot wide public alley behind the commercial property at 600 East Live Oak Avenue only for exiting purposes between the hours of 10:00 a.m. to 2:00 p.m. on Sundays, and between the hours of 10;00 a.m. to 5:00 p.m. during the weekend days (Saturday and Sunday) of the aforementioned regional meetings. The City will provide the owner of the meeting hall with key(s) to open and lock the access point to this alley. 13. There shall be no parking, stopping, passenger drop-off or pick-up, or any other activity that could impede traffic in and/or along the 25-foot wide access roadway. 14. Noncompliance with the plans, provisions, requirements of all City departments, and the conditions of approval for CUP 07-12 and ADR 07-21 shall be grounds for immediate suspension and/or revocation of any approvals. These shall include, but are not limited to the City's Standard Conditions of Approval and the following: A. Compliance with the recently adopted 2007 Califomia Building Code that will become effective on January 1, 2008, as well as with all California accessibility regulations as determined by the Building Official. -5- 1769 e . . B. If determined to be required by either of the following persons, two (2) 36-inch box parkway trees with irrigation shall be installed to the satisfaction of the City Engineer and/or Public Works Services Director. C. The following requirements of the Fire Department shall be complied with to the satisfaction of the Fire Marshall: 1. Installation of an automatic fire sprinkler system per the City of Arcadia Fire Department Commercial Sprinkler Standard. 2. If the sprinkler system has at least 100 sprinkler heads, the system shall be fully monitored. 3. Provision of a Knox Box with keys for access to all restricted areas. 4. Fire hydrants shall be installed on the street front and at the rear of the property in the parking area. 5. A full coverage fire alarm system shall be provided. 6. Fire lanes shall be marked as required by the Fire Inspector. D. The following recommendations of the Police Department shall be complied with to the satisfaction of the Police Chief: 1. Sufficient lighting throughout the rear parking lot, as approved by the Police Chief or his designee, so as to prevent tampering or theft of vehicles parked to the rear of the location, yet not so bright as to annoy the neighbors in the residential area to the west. 2. Exterior lighting on or around the building during hours of darkness, with emphasis on the east side of the location that borders the flood control channel. 3. An alarm system. 4. low profile shrubs at the northeast corner of the building near the patio area in lieu of the proposed purple leaf plums. Lower profile shrubs would allow police officers to have a clear view along the east side of the location during routine patrol. -6- 1769 e . . E. A Standard Urban Storm Water Mitigation Plan (SUSMP) and a Storm Water Pollution Prevention Plan (SWPPP) subject to the review and approval of the Public Works Services Director. F. The Water Division requirements that are listed in the attached memorandum from Mr. Tom Higham of the Public Works Services Department, dated November 14, 2007. 15. 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 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 ofthe matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, ef)1ployees, and agents in the defense of the matter. 16. The approval of CUP 07-12 and ADR 07-21 shall not take effect until the applicant and the applicant's architect have executed and retumed the Acceptance Form from the Development Services Department to document acknowledgement and acceptance of the conditions of approval, and all conditions of approval shall be satisfied prior to the issuance of final inspection sign-offs and/or a Certificate of Occupancy for the meeting hall. 17. Architectural revisions to enhance the front elevation as discussed in the staff report shall be provided for the review and approval of the Development Services Director prior to the submittal of construction plans to Building Services for the Building Plan Check process. -7- 1769 - . . SECTION 4. The Secretary of the Planning Commission shall certify to the adoption of this Resolution. Passed, approved and adopted this 8th day of January, 2008. ATTEST: APPROVED AS TO FORfy1: St.~~ ~ Stephen P. Deitsch, City Attorney ~c..~ Chairperson, Planning Commission -8- 1769 t . . L STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) I, JASON KRUCKEBERG, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1769 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 8th day of January, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Planning Commissioners Baerg, Beranek, Hsu, Parrille and Baderian NOES: None d~anning~SSiOn