Loading...
HomeMy WebLinkAboutPC Reso 12-13 (1063 Aviatiion, Church of Christ)1 P.C. RESOLUTION 12-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND PARKING PLAN TO OPERATE A DAY CARE/PRESCHOOL USE WITHIN AN EXISTING BUILDING, AND OUTDOOR PLAYGROUND ANCILLARY TO THIS USE, WITH LESS THAN REQUIRED PARKING, AT 1063 AVIATION BOULEVARD, AND SUPERSEDING CERTAIN ENTITLEMENTS, ON PROPERTY LEGALLY DESCRIBED AS THE SE 2 FEET OF SW 35 FEET OF LOT 27 AND ALL OF LOT 28, BYERLY TRACT AND LOT 2 AND ALL OF LOTS 1, 3, 4, 5, 6 AND 7, HERMOSA HEIGHTS TRACT, BEING LOT 14, BLOCK 84 AND PART OF LOT 7, BLOCK 88 OF 2ND ADDITION TO HERMOSA BEACH, CITY OF HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. On May 14, 2012 Ron Rosinsky, on behalf of Church of Christ Trust, filed an application for Conditional Use Permit Amendment (CUP 12-3) and Parking Plan (PARK 12-4) to use a portion of the building for a for-profit daycare/preschool (“Ocean View Academy”), hereafter referred to as preschool) for a maximum of 50 children ages 2 to 6, with less than required parking. Section 2. The Planning Commission conducted a duly noticed public hearing on July 17, 2012 to consider said applications, 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 C-3 which allows the proposed preschool subject to a Conditional Use Permit pursuant to H.B.M.C. Sections 17.26.030 and 17.40.110. The site is surrounded by C-3 and R-1 zoned parcels developed with commercial uses and single-family residences. 2. The applicant proposes to remodel Saturday and Sunday school rooms (labeled “Exist Room” on the submitted plans) in the basement level of the church building for a preschool; this area with bathrooms is approximately 2,910 square feet (excluding hallways). Renovation will also include a new ramp to provide direct access from the parking lot to the basement level, relocating a stairway to provide for a new reception area, and other minor improvements. The applicant proposes to use a portion of the parking area for a permanent 2,306 square foot outdoor playground serving the preschool. A small outdoor picnic area is also proposed. No changes to building square footage are proposed. 3. The preschool proposes to serve a maximum of 50 children, serving ages 2 to 6 years old. The Building Code limits occupancy to 49 students with one legal exit to the basement, which is the existing and proposed condition. The preschool will operate between 6:30 a.m. and 6:30 p.m., Monday to Friday. The playground will be used from approximately 10:30 a.m. to noontime on those days. 4. The applicant proposed to reduce onsite parking from 36 as stated on applicant’s plan to 32 spaces and provide a loading zone for delivery trucks. The new playground will segregate an employee parking lot with 5 spaces accessed from Owosso Avenue from the larger lot with 27 spaces accessed via two driveways onto Aviation Blvd. The applicant will restripe the parking lot to create a loading area near the western Aviation driveway for delivery trucks, and will designate 4 parking spaces for preschool loading as indicated in the applicant’s ‘Business Plan for Parking’. 2 5. The existing church was permitted in 1950 pursuant to a variance (CC Resolution NS 1068), a variance was approved in 1952 to add Sunday school classrooms (CC Res. NS 1303), a variance was approved in 1953 to allow a parking lot off Corona Street (CC Res. NS 1631) , a CUP was approved in 1957 to allow off-street parking for a minimum of 20 cars (PC Res. 154-104), a CUP was approved in 1959 to rebuild an auditorium and provide parking, provided that two driveways a minimum of 24” wide be provided onto Pier Ave.,(now Aviation Blvd.) and a 5’ concrete block wall be built along N and W lot lines of lot 28, Byerly Tract (PC Res. 154-223), an expired CUP was reapproved in 1960, the existing church building was permitted in 1961, and a CUP was approved in 1968 to create an egress onto Owosso Avenue and restripe the parking lot to provide more parking spaces subject to compliance with ordinance standards, erect a wall 2.5 to 3 feet on the Corona and Pier (now Aviation Blvd.) frontages, and replant dead landscaping (PC Res. 154-690). Section 4. Based on the foregoing, the Planning Commission makes the following findings: 1. Pursuant to Sections 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: Both sides of Corona Street and Owosso Avenue, north of the project are zoned R-1 and developed with single-family residences. Directly across Corona Street are C-3 properties developed with residential uses. The east side of Owosso Avenue, south of the employee parking lot, is zoned C-3 but developed with a single-family residence. The C-3 zoned lot at the northeast corner of the Aviation Blvd. and Owosso Avenue is undeveloped. The preschool will operates from 6:30 a.m. to 6:30 p.m., Mondays through Fridays. The new classrooms in the basement level, adjacent to a single-family residence to the north, will not generate significant noise impacts to nearby residences because there are only three small sliding windows along the north side of the building at the basement level and the project is conditioned to require installation of double-pane windows at the basement level along the north wall to reduce noise. It is anticipated that the preschool play area will not generate significant noise impacts as playground use is proposed to be limited to 10:30 a.m. to noontime on week days. There is an existing concrete wall separating the playground and the residential property to the north fronting Owosso Avenue, and the project is conditioned to maintain the wall and that children shall not arrive prior to 6:30 a.m. Further, the use is subject to the Noise Ordinance in H.B.M.C. Chapter 8.24. Impacts relating to traffic, circulation and parking in this residential area will be mitigated as indicated under item B. B. The amount of off-street parking facilities, and distance from the proposed use: The plans indicate there are currently 36 spaces and 32 spaces will be retained. It appears that 39 spaces were shown on the site plan accompanying a CUP approved in 1968 to allow more parking to be developed, although that staff report indicates doubt by the Planning Director and Building Director that 10 additional spaces can be gained as suggested by the applicant, and therefore it is probable that less than 39 spaces were actually allowed. The proposed preschool has a parking demand of 7 spaces based on the required standard of one space per 7 students plus provision of adequate loading area per Section 17.40.110. Onsite parking consists of a total of 32 onsite spaces and loading zone for delivery vehicles. The installation of a playground will segregate the existing parking lot into an employee lot with 5 spaces accessed from Owosso Avenue, and a larger lot with 27 spaces including 2 disabled spaces and loading zone for delivery trucks with two encroachments onto Aviation Blvd. The proposed preschool will use the larger parking lot. Since most traffic will involve drop off of children and church assembly will not occur during preschool hours, onsite parking is adequate. Parking for the church use would also be reduced; 30 spaces would be required for the church assembly use (1,485 square feet of assembly @ 1/50 = 30 spaces). Therefore parking is adequate for both 3 the assembly use and the preschool which operates at different hours. Other issues concerning circulation and parking are mitigated via project conditions: C. Location of and distance to churches, schools, hospitals and public playgrounds: There are no impacts associated with these factors. D. The combination of uses proposed: Church and preschool uses are offset and allow shared use of parking and no conflicts are identified. 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 stagger the morning drop off and afternoon pick up times in 20 minutes intervals and to advise use the westbound lane on Aviation Boulevard to access the parking lot. However, other conditions of approval should relieve any congestion issues. F. The relationship of proposed business-generated traffic volume and size of streets serving the area: The site is served by Aviation Boulevard, an 80-foot wide arterial accessing the larger parking lot. Owosso Avenue, a 50-foot wide residential street, will provide access to the employee lot only since the playground will permanently separate the two parking areas. It is more likely that caregivers may travel north or south bound on Prospect Avenue and westbound on 14th Street (40-foot wide) to Corona Street (40-foot wide). The project is conditioned to ensure off-street parking and the designated loading area are used rather than on-street parking. Therefore, increased traffic or parking demand is not anticipated to result in congestion or safety issues within the vicinity of the proposed use. G. The proposed exterior signs and decor, and compatibility with existing establishments in the area: A new ramp leading to the new basement reception area will alter the south elevation of the church building and a new playground separating the two parking areas will be visible from public streets. the addition of landscape planters and replanting existing planters this will enhance the site. Landscape is conditioned to comply with Chapter 8.60. H. The number of similar establishments or uses within close proximity to the proposed establishment: The church is the only known facility in the southern portion of the City to offer daycare/preschool services to the community. The nearest religious facility is Our Lady of Guadalupe at the southeast border of the City, approximately 1,700 feet from the subject property. No adverse effects are identified. I. Noise, odor, dust and/or vibration that may be generated by the proposed use: Odor, dust or vibration is not associated with the use. Significant noise impacts will not occur as addressed under item A. J. Impact of the proposed use to the city's infrastructure, and/or services: The proposed preschool will not significantly increase demand for water, sewer, police or other services. K. Will the establishment contribute to a concentration of similar outlets in the area: The church is the only known facility in the southern portion of the City to offer daycare/preschool service to the community. No impacts are identified. L. Other considerations that the planning commission judges are necessary to assure compatibility with the surrounding uses, and the city as a whole: No other impacts are identified. 2. Pursuant to Section 17.40.110 (Standards for operation of preschool with more than 13 children), the use as conditioned complies with these standards and is compatible with surrounding uses as follows: A. A minimum of one parking space for every seven children. 4 The new preschool program anticipates a maximum enrollment of 49 children, thereby requiring 7 spaces, which can be provided in the large parking lot front Aviation Boulevard with two existing curb cuts. This issue is addressed under item 1.A above. B. 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. This is not applicable because the site is zoned C-3. C. Adequate space for loading and unloading children shall be available or shall be provided onsite. This issue is addressed under item B. Onsite loading and unloading adequate for the use will be provided. D. Residential use of a day nursery, preschool, or child care facility with thirteen (13) or more children shall be prohibited. The proposed preschool use does not include a residential use component. E. All day care centers shall comply with state statutes and shall be licensed by the state. The applicant is required to obtain and provide a copy of a state license prior to final building permit inspection. 3. Pursuant to Municipal Code Section 17.44. 210, the project as conditioned provides one space per 7 children plus adequate loading area pursuant to Section 17.40.110; onsite parking for all uses is adequate using shared parking because the hours of operation of the preschool (Monday through Friday 6:30 a.m. to 6:30 p.m.) are offset and do not overlap church use (Sunday from 10:30 a.m. to noontime, Wednesday night from 7:30 p.m. to 8:30 p.m., Saturday and Sunday school classes); and maintaining a minimum of 32 spaces is adequate to serve church assembly use. Section 5. The project is Categorically Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines 15301(n) conversion of existing meeting rooms to preschool 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 6. Based on the foregoing, the Planning Commission hereby approves the Conditional Use Permit (CUP Amendment 12-3) and Parking Plan (PARK 12-4), 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 as stated in this permit. The floor plan shall be substantially consistent with the submitted site plan and floor plan approved by the Planning Commission on July 17, 2012. Minor modifications to the plans required for compliance with project conditions or codes may be approved by the Community Development Director. 2. Operation of the preschool shall be limited to 6:30 a.m. to 6:30 p.m. Monday through Friday. Children shall not be permitted to arrive prior to 6:30 a.m. Use of the preschool playground and picnic area shall be limited to between 9:00 a.m. to 5:00 p.m. Monday through Friday. 3. Other activities or uses shall not be conducted in the parking lot during the hours that the preschool or church assembly are in session. 5 4. A final dimensioned plan for parking and loading, and conduct of parking operations shall be submitted and approved by the Community Development Director prior to issuance of any city permits related to this entitlement, including the following: A. Eastern parking lot: i. A minimum of 27 spaces shall be provided. A minimum of 2 parking spaces that comply with disabled access requirements of the Hermosa Beach Municipal Code and State law shall be supplied. All parking standards shall be met. ii. All new or modified improvements shall comply with disabled access requirements of the Hermosa Beach Municipal Code and State law. The ramp accessing the basement level shall be modified to comply with slope and other disabled access standards. iii. Two driveway encroachments onto Aviation Blvd. shall be maintained and shall comply with the requirements of the Public Works Department. The site shall be signed to require one-way circulation flow for the parking lot. iv. Four parking spaces in a location minimizing congestion and facilitating circulation shall be signed for loading only from 6:30 a.m. to 6:30 p.m. Monday through Friday. These spaces shall be available for general parking at all other times. No spaces shall be reserved for employees or other purposes. v. The loading zone near westerly driveway encroachment impedes shall be eliminated. vi. Drive aisles shall be modified to comply with dimension requirements. Wheel stops shall be installed for the center row of parking spaces. B. A minimum of 5 spaces shall be provided in the western parking. The parking lot shall be signed for employee use only and preschool loading shall not be conducted in this lot. All other parking standards shall be met. C. The preschool shall provide at least one monitor in the parking lot to assist with drop off and pick up and maintain circulation in the morning and afternoon hours, and if problems result the Community Development Director may require two monitors to be present. D. Enrollment material shall be provided to parents/caregivers at the start of every school session, and more frequently if problems occur, advising them of required parking conduct including hours and use of the eastern parking lot for drop off and pick up. This information shall be submitted to and subject to approval by the Community Development Director prior to final inspection. 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. A final landscape plan shall be submitted and submitted and approved by the Community Development Director prior to issuance of any city permits related to this entitlement in compliance with Chapters 8.56 and 8.60 of the Municipal Code. Plants shall be well maintained at all times and dead or damaged planting shall be replanted in accordance with the approved landscape plan. 6. Improvements and use of water shall comply with water conservation requirements of Chapter 8.56. 7. The project and operation of the preschool shall comply with the requirements of the Noise Control Ordinance in Chapter 8.24 of the Municipal Code; where its provisions conflict with this approval, the most restrictive provisions shall apply. 6 A. Double-pane or equivalent shall be installed at the basement level along the north wall to reduce noise. 8. The improvement and 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. 9. The applicant shall obtain all applicable license(s) to operate a day care/preschool center from state agency(ies) and provide a copy of same to the Community Development Department prior to final building inspection. 10. A solid perimeter wall a minimum of 2.5 feet in height shall be maintained along the Corona Street frontage and a solid perimeter wall a minimum of 5 feet in height shall be maintained along the north line of Lot 28, Byerly Tract. Fencing or barriers provided for the preschool shall not consist of chain link or unfinished materials. 11. This approval incorporates conditions from and supersedes City Council Resolutions NS 1068, NS 1303, and NS 1631, and Planning Commission Resolutions, 154-104, 154-223 and 154-690, all of 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. No elements associated with the use or its construction shall encroach onto the public right- of-way without written permission from the City of Hermosa Beach, including issuance of an Encroachment Permit if required. 15. 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 hereafter adopted that is applicable to any development or activity not in full compliance shall be a violation of these conditions. 16. 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. 17. 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 Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided.