HomeMy WebLinkAboutPC_Resolution_91-73 739 Longfellow1
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RESOLUTION P.C. 91-73
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A
CHILDREN'S DAY CARE CENTER FOR THIRTEEN (13) OR MORE CHILDREN AND
AN OVER-HEIGHT FENCE (5-FEET ALONG FRONT PROPERTY LINE, AND
7-FEET ALONG WEST PROPERTY LINE IN FRONT YARD) AT 739 LONGFELLOW
AVENUE LEGALLY DESCRIBED AS LOTS 4 AND 5, SOUTHERN CALIFORNIA
CONVENTION HALL AND MARINE VIEW PARK AND ADOPTION OF AN
ENVIRONMENTAL NEGATIVE DECLARATION
WHEREAS, the Planning Commission held public hearings on
November 19, 1991, and February 4, 1992 to receive oral and
written testimony regarding an application for a Conditional Use
Permit and made the following findings:
A. The proposed use of a children's day care center at the
subject location is consistent with the historical use of the
property as a day nursery and day care facility from 1965 to
1989 but will have a lesser impact as the number of children
will be significantly less;
B. The subject property is adjacent to commercially used and
designated property, and the use of a higher fence is
necessary to mitigate noise impacts;
C. The proposed use is compatible with the surrounding
commercial character along P.C.H, and will not be
incompatible with the single-family residential uses along
Longfellow Avenue;
D. Strict compliance of the conditions of approval will mitigate
any negative impacts resulting from the issuance of the
Conditional Use Permit and Parking Plan;
E. An environmental assessment has been conducted and the
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project, as mitigated by the conditions below, has been
determined to qualify for a negative declaration;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California does hereby approve a
Conditional Use Permit for a children 1 s day care facility, and an
over-height sound wall subject to the following:
SECTION I Conditions of Approval:
1. The proposed project shall be in substantial conformance with
submitted plans. Any modifications to the plan shall be
reviewed and approved by the Planning Director. Building
plans shall be reviewed and approved by the Planning Director
prior to the issuance of building permits.
a) The parking area shall be striped prior to issuance of the
certificate of occupancy
b) The plan shall be revised to show that the insulated
redwood fence shall be seven (7) feet high to the west of
the playground, and shall be located on the playground
side of the stairway located along the west property line,
and angled at the corner.
c) The proposed wall and fence around the perimeter of the
playground shall be constructed in conformance with the
submitted plan prior to issuance of the certificate of
occupancy. (A building permit shall be obtained prior to
installation.)
2. The total number of children at any one time shall be limited
to twenty-eight (28), or to any lesser number established by
the State Department of Social Services to be the maximum.
3. The facility shall be licensed by the State Department of
Social Services for a day care center, and shall comply with
all applicable requirements of said license.
4. The operation of the facility shall be limited to between
6:30 A.M. to 6:30 P.M. on weekdays only (Monday through
Friday)
5. The outside play area shall be used only between the hours of
8:30 A.M. and 5:00 P.M.
6. Landscaping shall be provided and maintained in the locations
shown on the submitted plan. Two (2) copies of a detailed
landscaping plan indicating size, type and quantity of plant
materials to be used, shall be submitted for review and
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approval by the Planning Director prior to issuance of any
Building Permits.
a. An automatic irrigation system shal 1 be provided, and
shal 1 be shown on plans. (A building permit shal 1 be
obained prior to installation)
7 . The exterior of the premises including parking areas shall be
maintained in a neat and clean manner at all times.
8. Special events, parties, special classes, training sessions
or any other type of event which constitutes an assembly use
by the off-street parking sect ion of the zoning code shal 1
not be permitted unless a conditional use permit is obtained.
9. The business shall provide adequate management and
supervisory techniques to prevent excessively loud unruliness
and boisterous activities of the children.
10. Noise emanating from the property shall be within the
limitation prescribed by the city's noise ordinance and shall
not create a nuisance to the surrounding residential
neighborhoods;
a) The use of any outside speakers to play music or for a
public address system shall be prohibited. The use of
bells or buzzers or similar apparatus shall be prohibited.
b) West facing windows shall be sealed and kept shut to
reduce the amount of noise escaping.
11. The street frontage of the lot shall be painted and signed as
a restricted area for loading and unloading only from 6: 30
A.M. to 6:30 P.M. Monday through Friday, subject to approval
from the Public Works Department.
12. Specimen size 24-inch box trees shall be installed in the
parkway area in front of the business along Longfellow, with
the type and number of trees to be approved by the Planning
Director. A Parkway tree permit schall be obtained from the
Public Works Department prior to installation. The trees
shall be installed prior to issuance of the Certificate of
Occupancy.
13. Management shall encourage parents to use the rear parking
lot for the dropping-off and picking up of children and shall
place a sign inside the building stating such encouragement,
and shall also encourage those parents living close by to
consider alternative methods, such as walking or bicycling to
bring their children to the establishment.
14. Signs shall conform to the sign requirements of the municipal
code, R-1 zone. The "occupant" sign area allotment may be
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used to identify the business, and address numbers may be
provided in addition to this allotment.
15. A manager or employee who is
conditional use permit shall
business hours.
aware of conditions
be on the premises
of the
during
16. This grant shall not be effective for any purposes until the
permittee and the owner of the property involved (if other
than the permittee) have filed at the office of the
Department of Planning their affidavit stating that they are
aware of, and agree to accept, all of the conditions of this
grant.
17. The Conditional Use Permit shal 1 be recorded, and proof of
recordation shall be submitted to the Planning Department.
SECTION II
Each of the above conditions is separately enforced,
of the conditions of approval is found to be invalid
of law, all the other conditions shall remain
enforceable.
and if any
by a court
valid and
Permittee shall defend, indemnify and hold harmless the City, its
agents, officers, and employees from any claim, action, or
proceeding against the City or its agents, officers, or employees
to attack, set aside, void or annul this permit approval, which
action is brought within the applicable time period of Government
Code Section 65907. The City shall promptly notify the permittee
of any claim, action, or proceeding and the City shall cooperate
fully in the defense. If the City fails to promptly notify the
permittee of any claim, action or proceeding, or if the City
fails to cooperate fully in tbe defense, the permittee shall not
thereafter be responsible to defend, indemnify, or hold harmless
the City.
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.
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SECTION III
Any violation of the conditions of approval and/or violation of
the Hermosa Beach Municipal Code may be grounds for a public
hearing for the revocation of the conditional use permit.
The Planning Commission may review this Conditional Use Permit
and may amend the subject conditions or impose any new conditions
if deemed necessary to mitigate detrimental effects on the
neighborhood resulting from the subject use.
The granting of this conditional use permit is not valid until
the text amendment establishing "day nurseries, preschools, and
after school child care with thi·rteen (13) or more children" as a
permitted use goes into effect.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Com.ms.Di Monda,Marks,Merl,Suard,Chmn.Ketz
None
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 91-73 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 February 4, 1992. -----~ _/
L~k~ ~~
Christine Ketz, Chairperson
C__L I a. /51 "'--Date 1 a/pcrs739
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