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HomeMy WebLinkAboutPC Resolution 11-08 - (320 and 440 Massey, 234 and 244 Prospect Ave, 1225 and1239 5th St)P.C. RESOLUTION 11-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PARKING PLAN, AS AMENDED, TO CONVERT SPACE WITHIN THE PARISH SCHOOL BUILDING TO A PRESCHOOL, ADD A 1,700 SQUARE FOOT OUTDOOR PRE-SCHOOL PLAY AREA, AND CONVERT TWO RESIDENCES TO OFFICE SPACE, BY CONSOLIDATING THE PROPERTIES ENCOMPASSING THE CHURCH, PARISH SCHOOL BUILDING AND TWO RESIDENCES INTO ONE PARCEL AT 320 AND 440 MASSEY STREET, 234 AND 244 PROSPECT AVENUE, AND 1225 AND 1239 5TH STREET, LEGALLY DESCRIBED AS LOTS 1 THROUGH 8, 21 THROUGH 40 AND 45, HERMOSA HEIGHTS TRACT, BEING A SUBDIVISION OF LOT 9, BLOCK 87, SECOND ADDITION TO HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Our Lady of Guadalupe Church proposing a Conditional Use Permit Amendment to convert two single-family residences at 234 and 244 Prospect Avenue to office use accessory to the church and parish school uses, to use a portion of the existing school building for a new private Catholic preschool program, to convert 1,700 square feet of the rear yard of the existing residential properties (to be converted to offices) to a playground for the new preschool, and to consolidate the parcels with church, parish school and residences converted to office into one parcel. Section 2. The Planning Commission conducted duly noticed public hearings on December 1, 2010 and January 18 and February 15, 2011 to consider the application for a Conditional Use Permit Amendment (CUP 10-11), at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. Based on the Staff Report, testimony and evidence received, the Planning Commission makes the following factual findings: 1. The site is zoned R-1 which allows the proposed preschool, outdoor playground, and accessory offices subject to a Conditional Use Permit pursuant to H.B.M.C. Sections 17.08.020 and 17.40.110. The site is surrounded by R-1 zoned parcels developed with single-family residences. 2. The applicant proposes to use a portion of the existing school building for a new private Catholic preschool program, and to convert 1,700 square feet of the rear yard of the existing residential properties (to be converted to offices) to playground for the new preschool. 3. The existing school has an enrollment of 160 students and operates between 7:00 a.m. and 6:00 p.m. The new preschool program proposes a maximum of 30 to 35 students also operating between 7:00 a.m. and 6:00 p.m.; the new preschool playground will be occupied for about three hours during the day. 4. No changes to building square footage are proposed. The proposed use involves renovation of the south portion of the parish school building by moving the kindergarten classroom from first floor to second floor and integrating the computer lab into individual classrooms, which will vacate the first floor for the new preschool program. The two residences will be converted to office space. 5. The total property consists of three contiguous, separate legal parcels on Massey Street, 5ffi Street and Prospect Avenue. The applicant proposes to combine all lots into one parcel so that the improvements can be developed as an institutional occupancy, and so that the rear yard of the existing residences (to be converted to office) can serve the proposed secure preschool playground required by state law. 6. A Conditional Use Permit Amendment and Parking Plan was approved by Planning Commission Resolution 90-36 to allow portable classrooms to be located in the large parking lot thereby resulting in a loss of eight (8) parking spaces, finding that parking in the parking lot east of the rectory at 1225 5th Street was adequate for the weekday school and office uses and did not conflict with the weekend church/auditorium uses. Parking for church/auditorium uses (136 spaces) was adequate conditioned upon providing 20 stacked spaces to be provided by a valet service as required by parking demand. In 1990, CUP and Parking Plan Amendments were approved by Planning Commission Resolution 90-67 which (a) allowed a 9-foot perimeter fence on the basis that the higher fence will mitigate noise, visual and safety impacts of school use adjacent to residential use, the fence will be constructed of chain link with aluminum slats and maintained in good repair, and the greater height will not interfere with light, air or scenic views of any property; (b) included conditions to mitigate parking associated with the portable classroom; and (c) superseded Resolution 90-36. On May 21, 1991 the Commission reviewed the CUP and Parking Plan approved per Resolution 90-67 and approved construction of an addition to the school building adding permanent classroom space in lieu of installing a portable classroom, thereby retaining the 8 parking spaces, and allowing for some reconfiguration of the parking lot. The parking standards for the new uses do not impact the parking standard approved for the existing K-8 school, office and church/auditorium use under the abovementioned Parking Plan, which will remain unchanged by this approval. All existing conditions of approval related to the Parking Plan are fully restated below in this resolution, which supersedes Resolution 90-67 (CUP and Parking Plan Amendments). Section 4. Based on the foregoing, the Planning Commission makes the following findings: 1. Pursuant to Section 17.40.020.030, the following criteria for granting a Conditional Use Permit are considered, finding that the use as conditioned will be compatible with the surroundings and all impacts can be reduced to an insignificant level: A. Distance from existing residential use: The site is adjacent to property zoned R-1 developed with single-family uses and the proposed conversion of residences to office use and playground area will most directly affect 224 Prospect Avenue. Other nearby properties zoned R-1 are located on Massey Street, 5`h Street and Prospect Ave. Based on information provided by the applicant, the existing K-8 school and offices operate from 7:00 to 6:00 p.m., Mondays through Fridays. The new office use will not generate significant noise impacts to nearby residences because the proposed preschool will be located within the same building as the K-8 school and maintain the same hours. The preschool's secure playground area in the rear yards of the residences (to be converted to offices) will only be used for a total of three hours during the day. It is anticipated that the preschool play area will not materially increase noise level over that already occurring on the existing play area in the adjacent large parking lot. However, playground noise will be generated closer to adjacent residences and adjoining residents have indicated noise is a significant issue. Limiting use of the new playground to 9:00 a.m. to 5:00 p.m. (outside the hours cited by the Noise Ordinance for increased noise sensitivity) will reduce potential impacts and the proposed use is further subject to the Noise Ordinance in H.B.M.C. Chapter 8.24. Since the applicant indicates the preschool playground will be secured, solid fencing to provide noise attenuation between the preschool playground and neighboring property to the east, and also along the southern property line of the large parking lot and adjacent properties. Impacts relating to traffic, circulation and parking in this residential area can be mitigated as indicated under item B. 2 B. The amount of off-street parking facilities, and distance from the proposed use: The church and parish school are accessed by Massey Street and Prospect Avenue, 5 b Street, and Reynolds Lane, the latter being a 20-foot wide alley bordering Redondo Beach. Traffic peak hours are 7:00 to 8:00 a.m. and additionally between 5:00 and 6:00 p.m., potentially increasing noise and congestion for residences in the vicinity especially along Massey and Prospect, 5 h Street, and Reynolds Lane. Parking consists of 128 spaces in a parking lot adjacent to the church/assembly hall and school, 3 spaces on the parcels at 244/234 Prospect Avenue to be converted to office use, and 20 spaces in a parking lot east of the rectory at 1225 5 h Street. Thus, a total of 131 parking spaces are available to meet all requirements (it appears one space at 244/234 Prospect Avenue encroaches onto the sidewalk and is nonconforming). The designated onsite loading/unloading zone is adjacent to the school in the large parking lot accessed by Massey Street, with egress onto 5Ih Street. The applicant proposes to combine all lots into one legal parcel so that all parking for all uses will be `on -site'. The proposed new offices and preschool have a parking demand of 12 spaces. There are 2 conforming spaces at the residences (a third encroaches over the sidewalk), for a net demand of 10 spaces. (Conversion of 1,827 square feet of residential use to office use requires 7 spaces based on one space per 250 square feet. The addition of 35 preschool children requires 5 additional spaces based on one space per 7 students.) The previously approved Parking Plan indicated that parking in the lot at 1225 5"1 Street was adequate for the K-8 school (including its offices). The large parking lot adjacent to the church/auditorium and school provides loading/unloading and serves play area needs for the K-8 school. The net demand of 10 spaces and adequate loading/unloading can be met by reserving a portion of the large parking lot with 128 spaces adjacent to the school/church for new office and preschool parking. There are 15 marked on -street parking spaces along the east side of Massey Street, the same side as the church/school/offices. No parking is allowed on the west side of Massey Street as no curb or sidewalk exist and this side of the street provides garage access to properties fronting Hollowell Avenue. As the marked on -street parking spaces become occupied, parents opt to pull over along the west side of Massey Street thereby blocking access to garages along Massey Street. On Wednesday, November 17, 2010, between 7:30 to 8:00 staff observed that approximately half of the parents who were dropping off their children were either parking or pulling over on the west side of Massey Street and at times blocking residential driveways, rather than entering the church/school property to use the designated loading and unloading area. Correspondence from adjoining neighbors indicates that traffic from the uses at the site is causing significant congestion and blocking driveways on Massey, Prospect and P Street. Strict use of the onsite loading/unloading zone and designation of short -tern parking spaces would assist with circulation and reduce queuing and blocking of driveways. Use of onsite loading/unloading zone and designation of short-tem parking spaces would reduce queuing on Massey Avenue and blocking of driveways. The applicant has submitted a Traffic and Parking Assessment prepared by Overland Traffic Consultants, Inc. dated January 2011 which evaluated traffic and circulation focusing on hours when students are dropped off and picked up, as follows. An estimated 134 additional daily trips will be generated by students, teachers, aids and support staff as a result of the proposed increase of 30 students (additional 13 inbound/11 outbound morning peak trips; additional 12 inbound/13 outbound afternoon peak trips). This increase is not anticipated to materially degrade level of service at Massey Street and Prospect Avenue or the surrounding street system below the current level of service. The Study notes that the 5th Street parking lot and large parking lot provide parking for concurrent daytime use including small funerals and early morning church services. While the traffic is currently operating at an acceptable level of service, the Study noted various practices that can cause traffic to 3 back up and identified the following measures to reduce congestion and ensure a constant circulation flow. The Study noted that queuing lanes for drop-off and pick-up within the large parking lot can accommodate 22 vehicles with room for up to 8 more vehicles entering and leaving the site and encouraging parents/caregivers to arrive for pick-up after outdoor play time has finished, and providing monitors to ensure parents/caregivers use the onsite facilities are incorporated into project condition to reduce impacts to insignificant. In addition to the 20 spaces in the 5th Street parking lot, additional spaces must be reserved in the large parking lot to accommodate the combination of uses throughout the day, in addition to onsite loading/unloading areas and two spaces at the residences (to be converted to office). C. Location of and distance to churches, schools, hospitals and public playgrounds: OLG Church and school facilities occupied majority of a city block between Massey Street and Reynolds Lane from Prospect Avenue to 5th Street, with the exception of single-family residences fronting Prospect Avenue. The closest public playground is the Edith Rodaway Friendship Park, located approximately 170 feet west of the subject church between Hollowell Avenue and Gentry Street. No other facilities are located in the vicinity of the church. There are no impacts associated with these factors. D. The combination of uses proposed: Contiguous property in the same ownership encompasses an existing kindergarten to 8th grade parish school, church/assembly hall and offices. Across 5tn Street, to the north of the parish school building is a rectory owned by the church which functions much like a single-family residence. Reconfiguring space and adding a preschool within the parish school building, adding a preschool playground area, and converting residences to offices maintains essentially the same combination of institutional uses of the property in terms of types of activities, hours of operation, one ownership, etc. The church and school uses are offset and allow shared use of parking. Limited church services and occasional small funeral services are held at offset hours during the time school is in session. The combination of uses is demonstrated to be internally compatible, however to accommodate parking needs for all uses, the total parking to be made available in the large parking lot is increased by 12 spaces in addition to 10 spaces, and on this basis significant impact to the neighboring residential properties is not anticipated. E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses: The applicant proposes to construct a solid fence to reduce noise impacts to adjoining residences and to implement measures to reduce circulation impacts. F. Relationship of proposed business -generated traffic volume and size of streets serving the area: A maximum of 35 additional children will be enrolled in the preschool, with 4 teachers. Conversion of residences to 1,872 square feet of office may increase office employment. The church and parish school are served by Prospect Avenue and Massey Street, 5th Street and Reynolds Lane, a 20-foot wide alley bordering Redondo Beach. Most traffic will involve parents dropping off preschoolers; drop off/pick up times are staggered during the time periods of 7:00 to 8:00 a.m. and 3:00 to 6:00 p.m. Traffic and parking is addressed under items A and B. Implementation of recommended conditions of approval will result in increased use of onsite parking and loading facilities and improved circulation and reduced congestion. G. Proposed exterior signs and decor, and compatibility with existing establishments in the area: No change to the exterior of buildings is proposed. The residential buildings fronting Prospect Avenue will remain the same, while the use will change to administrative offices for the church. Since the applicant indicates the new playground will be secured, any fencing installed facing Massey Ave. and/or located between 234 and 224 Prospect Avenue shall consist of a solid wood fence or similar finished materials to reduce visual impacts to the adjacent uses, as well as reducing noise. 0 H. The number of similar establishments or uses within close proximity to the proposed establishment: Our Lady of Guadalupe Church and parish school is the only facility in the southeast portion of the City to offer education services to the community. The nearest religious facility is Church of Christ at 1063 Aviation Boulevard, at approximately 1,700 feet away from the subject property. No adverse effects are identified. I Noise, odor, dust andlor vibration that may be generated by the proposed use: Odor, dust or vibration are not associated with the use. Noise is addressed under item A and can be mitigated. J. Impact of the proposed use to the city's infrastructure, andlor services: Services include police and roads supplied by the city and water, sewer, electric supplied by utilities. The proposed church office use due to conversion of two existing residences not result in higher demand for city's infrastructure or services than its previous use. A maximum enrollment of 35 students in the new preschool program is not likely to impact city's infrastructure and services. K Will the establishment contribute to a concentration of similar outlets in the area: There are five religious or faith -based organizations within City boundary identified by staff. Our Lady of Guadalupe is the only religious facility with an education component in the southeast portion of the City. No impacts are identified. L. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole: No other impacts are identified. Section S. Based on the foregoing, the Planning Commission finds the proposed preschool with more than 13 students complies with the standards in Section 17.10.110 as follows: 1. There is a minimum of one parking space for every seven children. The new preschool program anticipates a maximum enrollment of 35 children, thereby requiring 5 spaces which can be provided in the large parking lot as discussed under item B of Section 4 above. 2. In residential zones, only property adjacent to commercially zoned property or property developed with a church or school facility shall be considered for a day nursery, preschool, or child care facility with thirteen (13) or more children. The proposed preschool program will be located within the existing parish school building currently housing the K-8 program. The three legal lots will be combined into one parcel so that the preschool, church and K-8 school will be located on the same parcel. 3. Adequate space for loading and unloading children shall be available or provided on the site. Loading and unloading facilities adequate for the use will be provided onsite adjacent to the school as discussed under item B above. 4. Residential use of a day nursery, preschool, or child care facility with thirteen (13) or more children shall be prohibited. The proposed preschool program does not include a residential use component. The church rectory is located in a different building across 5"' Street. S. All day care centers shall comply with state statutes and shall be licensed by the state. The applicant shall obtain and provide a copy of a state license prior to final building permit inspection. 5 Section 6. The project is Categorically Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines 15301(n) conversion of existing residence to office use, and 15332 in -fill development, because the school is located within an existing building with only minor alteration to land for playground, is surrounded by developed sites with urban uses, no significant effects relating to traffic, noise, air quality, or water quality will occur, and the project as conditioned will comply with the zoning code. Section 7. Based on the foregoing, the Planning Commission hereby approves the Conditional Use Permit and Parking Plan (CUP Amendment 10-11), as amended, subject to the following Conditions of Approval: 1. The details of the project application and supplemental materials are incorporated as Conditions of Approval unless modified herein. The floor plan shall be substantially consistent with the submitted site plan and floor plan approved by the Planning Commission on December 1, 2010. Minor modifications to the plans required compliance with project conditions or codes and rearrangement of interior layout within the parish school building may be approved by the Community Development Director, provided that use is not changed, intensity of use is not increased and the arrangement of space would not increase noise impacts. 2. Use of the preschool playground area shall be limited to between 9:00 a.m. to 5:00 p.m. Monday through Friday. 3. A final dimensioned plan for parking and loading shall be shall be provided prior to final occupancy permits for the project or operation of the preschool, whichever occurs first, to the satisfaction of the Community Development Director, including: A. Designate queuing lanes for drop-off and pick-up within the large parking lot to accommodate a minimum of 20 vehicles during the peak hours. B. Designate at least 22 spaces for employees/ancillary uses in the large parking lot available throughout the school day, in addition to 20 spaces the parking lot adjacent to the rectory on 5th Street. Provide 6 conforming parking spaces restricted to employee use at the at the new offices fronting Prospect Avenue (a net increase of 4 spaces). Designate at least 2 disabled spaces for employees located in the vicinity of the new offices. These spaces are in addition to the drop-off and pick-up lanes in item A. 4. Monitors (e.g. teachers, staff or school volunteers) shall be stationed outside the school during peak drop-off and pick-up to maintain circulation flow and ensure student safety. Parents/caregivers shall be instructed to not arrive for child pick-up during the stated hours the playground is in use (various hours between 9:00 a.m. to 5:00 p.m. Monday through Friday), to reduce queuing on Massey Street. Enrollment materials shall include advisement to use designated loading and unloading area within church property to reduce noise and traffic impacts to residences in the vicinity and to avoid loadinglunloading and congestion on Massey Street, Prospect Avenue and other streets. Should complaints be received or problems occur regarding impact to residential properties in the vicinity, and complaints are substantial or irresolvable, or should problems continue, then the Community Development Director shall refer the matter to the Planning Commission for review of the Conditional Use Permit. 5. The project and operation of the parish school and preschool shall comply with the requirements of the Noise Control Ordinance in Chapter 8.24; where its provisions conflict with this approval, the most restrictive provisions shall apply. 0 6. The operation of all facilities on the property shall comply with all applicable requirements of the Building, Fire and Public Works Department, and the Municipal Code. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 7. The contiguous legal parcels comprising the church, assembly hall, offices, K-8 and preschool, and parking lots shall be combined into one legal parcel pursuant to a Lot Line Adjustment in accordance with the State Subdivision Map Act or by covenant running with the land restricting use of the office building as accessory use to the church and permanently tying the parking as required by the Hermosa Beach Municipal Code Section 17.44.060(D), to the satisfaction of the Community Development Director and recorded in the office of the Los Angeles County Recorder prior to final occupancy permits for the project or operation of the preschool, whichever occurs first. 8. An attendant shall be available on the premises prior to weekend or evening church services to direct and park cars on the premises when all available parking stalls are filled. The attendants shall be responsible for the parking of no more than 20 cars in excess of the number of parking stalls, and shall park these cars in the locations shown on the final parking plan approved by the Community Development Director. 9. The applicant shall obtain applicable license with state agency and provide a copy of applicable valid state license for the subject preschool program operation prior to final building inspection. 10. The 9-foot perimeter chain link fence approved on August 21, 1990 pursuant to Planning Commission Resolution 90-67 shall be maintained with painted aluminum strips. Said fence shall be maintained free of rust. In addition, a minimum six (6) foot high solid fence to provide noise attenuation to the satisfaction of the Community Development Director shall be constructed along the southern property line of the large parking lot adjacent to neighboring property and the east property line adjacent to the preschool playground. Any new fencing facing Massey Street shall consist of a solid fence of finished materials approved by the Community Development Director. 11. This approval incorporates conditions from and supersedes Planning Commission Resolution 90-67, which shall be of no further force or effect. 12. The exterior of the premises including the parking lot shall be maintained in a neat and clean manner and maintained free of graffiti at all times. 13. All new signs shall comply with Chapter 17.50. Sign permits shall be obtained from the Community Development Department. 14. If a review of this Conditional Use Permit occurs, the Planning Commission may amend the above conditions and/or impose any new conditions deemed necessary to mitigate detrimental impacts on the environment or neighborhood arising from use of the premise. 15. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development 7 Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section S. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit Amendment shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorneys fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these Conditions. Section 9. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: Chairman Allen, Perrotti, Darcy, Hoffinan, Pizer NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 11-8 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of Feb ary 15, 29tl.X �f" Xz Ken A11en, Nairman Ken Ro rtson, Secretary February 15, 2011 Date