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HomeMy WebLinkAbout1798RESOLUTION NO. 1798 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT APPLICATION NO. CUP 09-07, THE RELATED PARKING MODIFICATION, AND ARCHITECTURAL DESIGN REVIEW APPLICATION NO. ADR 09-02 FOR A NEW 1,273 SQUARE-FOOT OFFICE BUILDING AT AN EXISTING CHURCH COMPLEX LOCATED AT 1741 S. BALDWIN AVENUE AND 721 W. LEMON AVENUE. WHEREAS, on February 2, 2009 the Development Services Department received Architectural Design Review Application No. ADR 09-02, followed by Conditional Use Permit Application No. CUP 09-07 on April 28, 2009 by Hope International Church for a 1,273 square-foot office building at property commonly known as 721 W. Lemon Avenue; and WHEREAS, a public hearing was held by the Planning Commission on July 14, 2009, 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 provided by the Development Services Department in the staff report dated July 14, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09-07 will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed project involves the construction of an office structure not exceeding 2,500 square feet, and is exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per Section No. 15303 of the CEQA Guidelines. 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, parking, and other features 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 Conditional Use Permit No. CUP 09-07 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 09-07, the related Parking Modification, and Architectural Design Review No. ADR 09-02 for a 1,273 square-foot church office building at 721 W. Lemon Avenue, subject to the following conditions: 1. The use of the proposed office building shall be limited to general offices and one (1) bible study session on Sundays. 2. The operating hours of the proposed office building shall not exceed 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 8:00 a.m. to 7:00 p.m. on Sundays. 3. A Parking Modification of 67 spaces in lieu of 250 spaces required is granted for the proposed office building and the existing church buildings. This Parking Modification does not constitute an approval for a general reduction of the parking requirements for the subject property, but rather only for the office building that is herein conditionally approved, and the 2 Resolution No. 1798 existing church buildings. Uses other than this office building may be subject to a new Conditional Use Permit and/or Parking Modification. 4. Prior to issuance of a Certificate of Occupancy, a covenant in a form approved by the City Attorney shall be recorded to develop and hold the entire church complex as one parcel. 5. The office building shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 09-07 and ADR 09- 02, subject to the satisfaction of the Community Development Administrator. 6. The parking lot at 721 W. Lemon Avenue shall be treated with slurry seal to cover all cracks and damages, and restriped with double-striping per City standards. 7. Solid metal gates shall be added to the existing trash enclosure. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 09-07 and ADR 09-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the office building. 9. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, City Engineer, and Public Works Services Director. 10. 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 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 3 Resolution No. 1798 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. 11. Approval of CUP 09-07 and ADR 09-02 shall not take effect until the property owner(s) 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. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 28th day of July, 2009. ATTEST: S etary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 4 Resolution No. 1798