ITEM 7-B
Council Mtg: May 26, 1992
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of CUP 92-006, VAR 92-010, and OC 92-005
regarding the establishment of a 45-child preschool in
the R3 (Medium Density Multiple Residential) District
at 1444 10th Street
Applicant: Cindy Wasson
Appellant: David Brown
INTRODUCTION
This report recommends that the City Council uphold the appeal
and amend the Planning Commission action, which approved a
Conditional Use Permit to allow the establishment of a 45-child
preschool in the R3 District, a Variance to allow 4 (including
one tandem) on-site parking spaces in-lieu of the 14 parking
spaces required by code, and an Occupancy Permit to allow the
re-occupancy for commercial purposes of a 5-unit apartment
building removed from the rental market via the Ellis Act.
BACKGROUND
Planning Commission Action
On April 8, 1992, a Planning Commission public hearing was held
regarding Conditional Use Permit 92-006, Variance 92-010 and
Occupancy Permit 92-005. At that time, staff recommended that
the Planning Commission approve these permits to allow a proposed
40-child/5-staff member preschool, with conditions requiring that
the applicant maintain 6 existing on-site parking spaces
(including one tandem space) and a total of 3 off-site parking
spaces leased for a minimum of 5 years at a location within 1000
feet of the project site. The Planning Commission approved a
preschool with a maximum of 45 children, with 4 on-site parking
spaces (including one tandem space) in-lieu of the 14 spaces
required by code, a time limit parking zone for three parking
spaces in front of the project site, and no off-site parking
requirement.
The Planning Commission allowed two existing parking spaces on
the subject property to be converted to playground use, and in
eliminating the off-site parking requirement proposed by staff,
the Commission found that the need for child care services in the
City superseded the need to meet Zoning Ordinance parking
requirements of one space for each 5 children plus one space per
staff member. Commissioners also indicated that they felt the
Zoning Ordinance parking requirement was excessive. The
Commission imposed several conditions to mitigate the impacts of
the preschool on parking in the neighborhood, including:
- Pick-up and drop-off from the alley with a condition
allowing the City Parking and Traffic Engineer to require
Tenth Street loading if problems are observed from the
alley arrangement.
- Establishment of a three-vehicle, 15-minute time limit
parking zone at the Tenth Street frontage of the subject
parcel to supplement the pick-up and drop-off activities
occurring in the alley.
- A requirement that the applicant come before the
Planning Commission with a report on parking demand
generated by the subject business within one year of the
issuance of a business license for the subject property.
Other conditions and findings made by the Planning Commission are
contained in the Commission's Statement of Official Action
(Attachment B).
Appeal
David Brown, a resident of the apartment building located
directly to the north of the proposed preschool, appealed the
Planning Commission's action on April 22, 1992. Mr. Brown
contends that the proposed preschool will bring the residents of
his apartment building and "the seventy-five residents of 10th
and 9th Streets" the double burden of reduced parking and
increased noise while providing no benefits (Attachment C).
Staff acknowledges that the project will increase noise in the
immediate vicinity of the site. However, because the subject
property is bordered on one side by a 4-story medical office
building, the increased noise is likely to only affect one
residential structure, 1438 10th Street, which is the adjacent
2-story apartment building where the appellant resides. To some
extent, the noise created in the main play area on the southern
side of the parcel will be buffered by the 1-story preschool
buildings located on the northern portion of the site. In
addition, the Commission imposed a condition limiting the hours
of allowable play to 9:00 a.m. - 6:00 p.m. in the outdoor play
areas which are directly adjacent to the neighboring apartment
building.
Staff agrees with the appellant that, as conditioned by the
Planning Commission, the use has the potential to negatively
impact the availability of parking in the vicinity. Staff
originally proposed to maintain all on-site parking spaces and 3
off-site spaces, for a total of 9 parking spaces in-lieu of the
13 on-site spaces required by the Zoning Ordinance for the
original proposal. However, the Commission voted 6-0 to approve
the project without these conditions, while requiring the
creation of a short-term street parking area in front of the
property, a special condition regarding alley pick-up and
drop-off of children, and a one-year review of parking demand.
The amendments suggested by staff as part of this appeal,
including the replacement of a three-car, 15-minute parking zone
with a three-car, 15-minute loading zone, will not significantly
alter the mitigating effect of the Commission's original action.
After filing the appeal, the appellant raised concerns regarding
the approved project's compliance with Santa Monica Municipal
Code (SMMC) requirements for the use of alleys, the establishment
of 15-minute time limit parking zones, and the provision of
loading spaces for preschools with 21-60 children. First, the
appellant believes that the Planning Commission's provision to
allow alley pick-up and drop-off of children is in violation of
SMMC Section 3371, "Standing or Parking in Alleys," which states
that "no person shall stop, stand or park a vehicle in any alley
in such a manner so that the passage there-through of any fire
truck, public sanitation truck or other vehicle lawfully using
such alley is or would be obstructed or hindered." Staff
believes that the condition imposed by the Planning Commission,
which does not allow vehicles to park in the alley and which
provides for the City Parking and Traffic Engineer to require
Tenth Street pick-up and drop-off if the alley arrangement proves
problematic, conforms to the requirements of SMMC Section 3371.
Secondly, the appellant contends that the proposal is in
violation of SMMC Section 3364, "Green Parking Zones," which
allows 15-minute parking zones only for "Federal, State, County,
County and City facilities and public and parochial schools."
The appellant contends that the proposed preschool does not
constitute a public or parochial school. Staff recommends that
the Planning Commission's condition be modified to require three
yellow loading zone spaces as provided under SMMC Section 3365,
which may be conditioned to be effective Monday through Friday
between the hours of 7:30 a.m. and 6:30 p.m. and which may be
used to load and unload for a period not to exceed 15 minutes.
The issue of whether SMMC Section 3364 can be read to include
private day care centers thus need not be resolved at this time.
The establishment of a three-car yellow loading zone also may
address the appellant's third code compliance concern, regarding
SMMC Section 9045.3(f), which requires that a preschool with
21-60 children contain a minimum of two loading spaces, of which
one may be provided on the street frontage. Although the
Planning Commission's action did not specifically provide for a
variance on this issue, the Council may amend the Commission's
variance findings and conditions to provide for a variance to
require two on-street loading spaces in-lieu of the one
off-street and one on-street loading space required by code.
Alternatively, the Council may require the applicant to file an
additional application for a variance of loading spaces, or may
require an on-site loading space to conform to code requirements.
Staff recommends that the Council modify the Commission's
findings and conditions for Variance 92-010.
Prior to the Commission action, the appellant also submitted a
petition and letter opposing the proposal, which are contained in
Attachment D along with correspondence from people who oppose or
favor the proposal.
Conclusion
Although the Commission's action did not precisely match staff's
original recommendations, the project, as conditioned, is not
expected to substantially impact the immediate area. Further,
staff is in agreement with the Commission regarding the need for
child care in Santa Monica and the appropriateness of a preschool
at the proposed location. Therefore, staff recommends that the
Council uphold the appeal and amend the Commission's action per
the findings and conditions contained herein.
Public Notification
Pursuant to Municipal Code Section 9130.8, within 30 days after
the subject application was deemed complete, the applicant posted
a sign on the property stating the following information:
Project case number, brief project description, name and
telephone number of applicant, site address, date, time and
location of public hearing, and the Planning and Zoning Division
phone number. It is the applicant's responsibility to update the
hearing date if it is changed after posting.
In addition, pursuant to Municipal Code Section 9131.5, Notice of
the Planning Commission and City Council public hearing was
mailed to all owners and residential and commercial tenants of
property located within a 500 foot radius of the project at least
ten consecutive calendar days prior to the hearing. A copy of
the notice is contained in Attachment A.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the City Council uphold the
appeal and amend the Planning Commission's action, as follows:
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "City of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that Section 9013.4(c)
permits child day care centers in the R3 District with the
issuance of a Conditional Use Permit.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that child day care centers are
conditionally permitted in the R3 District, and the
subject parcel is immediately adjacent to a parcel in the
BCD District, where child day care centers are permitted
by right.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that it is of sufficiently
level grade to accommodate the proposed use.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the existing land uses are not to
remain.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
it is located in a transitional area between the parcel in
the R3 District, containing a 2-story apartment building,
and a parcel in the BCD District containing a 4-story
medical office building.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the subject parcel is located in an urban infill
area with adequate access to all necessary infrastructure.
7. Public access to the proposed use will be adequate, in
that the parcel contains 50' of frontage on an existing
alley and public street.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the
surrounding neighborhood, in that the proposed use would
utilize existing buildings on the site which are
compatible with the surrounding neighborhood.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the proposed use
is neighborhood serving and is a conditionally permitted
use in the R3 District.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that it is a conditionally permitted use in the R3
District.
11. The proposed use conforms precisely to the applicable
performance standards contained in Subchapter 6, Section
9050
and special conditions outlined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that it is conditioned to conform
to Section 9055.3, except as modified by a variance for
parking.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that there is
only one other child care facility in the immediate
vicinity.
VARIANCE FINDINGS
1. The subject property is a 7,500 sq.ft. parcel located on
the west side of 10th Street between Santa Monica
Boulevard and Broadway having a frontage of 50 feet.
Surrounding uses consist of a 2-story apartment building
(R3) to the north, a 4-story medical office building (BCD)
to the south, two single family dwellings (BCD)across 10th
Street to the east and parking for a 1-2 story apartment
building across a 20' alley to the west. Existing on-site
uses include five one and two story rental units
registered with the Rent Control Administration which have
been removed from the rental market via the Ellis Act.
There are one mature tree and several immature trees and
mature shrubs on the site.
2. The applicant originally proposed to establish a child day
care center with a total of 40 children and 5 staff
members, with 3 on-site (plus one tandem for a total of 4)
parking spaces in-lieu of the code minimum 13 parking
spaces for a project of this size.
3. The City Council approves the applicant's request with
conditions that require a yellow loading zone for three
vehicles be established at the curb in front of the
subject property, and other mitigating conditions. In
addition, the City Council allows up to 45 children to
attend the facility at any given time, rather than the
maximum of forty originally proposed by the applicant.
4. There are special circumstances or exceptional
characteristics applicable to the property involved,
including size, shape, topography, location, or
surroundings, or to the intended use or development of
the property that do not apply to other properties in the
vicinity under an identical zoning classification, in that
re-use of the existing apartments for a proposed preschool
as a transitional use is a special circumstance.
5. The granting of this variance will not be detrimental or
injurious to the property or improvements in the general
vicinity, in that the proposed use conditionally permitted
in the R3 District, and, as conditioned, will not create a
severe impact on the demand for street parking or loading
in the area.
6. A strict application of the Zoning Code would result in
practical difficulties or unnecessary hardship to the
applicant, and would result in unreasonable deprivation of
the use or enjoyment of the property, in that a preschool
is a conditionally permitted use in the R3 District and,
as conditioned, the proposal would mitigate the impacts of
the parking and loading variance at the site.
7. The granting of this variance will not be contrary to or
in conflict with the general purposes and intent of the
Zoning Code, or to the goals, objectives and policies of
the General Plan, in that such uses generally do not
generate high parking demand, and addressing child care
and educational needs of the community is a high priority
of the City.
8. The granting of this variance will not impair the
integrity and character of the district in which it is
located, in that child day care centers are a
conditionally permitted use in the R3 District and, as
conditioned, the proposal will not have an adverse impact
on street parking or loading in the area. In addition,
the variance will allow the establishment of a use which
is considered a high priority of the City.
9. The subject site is physically suitable for this variance,
in that it is a developed lot of sufficiently level grade
for the proposed use.
10. There are adequate provisions for public access, water,
sanitation, and public utilities and services, in that the
subject parcel is a developed lot in an urbanized area
with complete access to the necessary infrastructure
associated with the proposed use.
CUP CONDITIONS
1. This approval is for those plans dated 2-2-92, a copy of
which shall be maintained in the files of the City
Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
2. The Plans shall comply with all other provisions of
Chapter 1, Article IX of the Municipal Code, (Zoning
Ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Within ten days of Planning Division transmittal of the
Statement of Official Action, project applicant shall sign
and return a copy of the Statement of Official Action
prepared by the Planning Division, agreeing to the
Conditions of approval and acknowledging that failure to
comply
with such conditions shall constitute grounds for
potential revocation of the permit approval. By signing
same, applicant shall not thereby waive any legal rights
applicant may possess regarding said conditions. The
signed Statement shall be returned to the Planning
Division. Failure to comply with this condition shall
constitute grounds for potential permit revocation.
4. This determination shall not become effective until a
final determination is made on the appeal. Any appeal
must be made in the form required by the Zoning
Administrator. The term of approval of this permit shall
expire one year from the permit's effective date, unless a
building permit or business license has been issued for
the project prior to the expiration date. One three-month
extension of the one year period may be permitted if
approved by the Director of Planning. Applicant is on
notice that extensions may not be granted if development
standards relevant to the project have changed since
project approval.
5. Within thirty (30) days after final approval of the
project, a sign shall be posted on site stating the date
and nature of the approval. The sign shall be posted in
accordance with the Zoning Administrator guidelines and
shall remain in place until a building permit is issued
for the project. The sign shall be removed promptly when
a building permit or business license is issued for the
project or upon expiration of the Conditional Use Permit.
Special Conditions for Child Day Care Centers in Residential
Districts
6. The proposed project shall conform to all property
development standards of the zoning district in which it
is located unless otherwise provided in this Section, or
provided through a variance.
7. Stationary play equipment shall not be located in required
side yards.
8. For purposes of noise abatement, a six foot high solid
fence shall be constructed on the interior side property
lines separating two residential parcels. In the front
yard, a fence or wall shall not exceed 42 inches in height
on interior parcels, unless it is previously existing.
Materials, textures, colors,and design of the fence or
wall shall be compatible with on-site development and
adjacent properties. All fences or walls shall provide
for safety with controlled points of entry.
9. On-site parking for child day care centers shall conform
to the provisions of Subchapter 5E, except as provided
through a variance.
10. The City Parking and Traffic Engineer shall approve a
passenger loading plan.
11. Passenger loading areas shall be illuminated. The
lighting shall be directed away from adjacent properties
and of an intensity compatible with the residential
neighborhood.
12. For the purposes of noise abatement in residential
districts, outdoor activities may only be conducted
between the hours of 7:00 a.m. to 8:00 p.m.
13. The proposed project shall be State licensed and shall be
operated according to all applicable State and local
regulations.
Special Condition
14. The proposed preschool shall not contain more than 45
children at any given time.
15. The two play areas which abut the adjacent apartment
building (the paved area at the rear of the site and the
wooden deck at the side of the property) shall not be
utilized for child play before 9:00 a.m. nor after 6:00
p.m.
VARIANCE CONDITIONS
1. This determination shall become effective 14 days from the
date a determination is made by the Planning Commission.
2. The applicant shall comply with all other provisions of
Chapter 1, Article IX of the Municipal Code (Zoning
Ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. The approval of this permit shall expire one year from the
permit's effective date, unless, in the case of new
development, a building permit has been obtained, or in
the case of a change of use, a business license has been
issued and the use is in operation prior to the permit
expiration date. Upon the written request of the
applicant, the Director of Planning may extend this period
up to an additional six months. Applicant is on notice
that extensions may not be granted if development
standards relevant to the project have changed since
project approval.
4. Within ten days of transmittal of the Statement of
Official Action, project applicant shall sign a copy of
the Statement of Official Action prepared by the Planning
Division, agreeing to the Conditions of approval and
acknowledging that failure to comply with such conditions
shall constitute grounds for potential revocation of the
permit approval and return said Statement to the Planning
Division. Failure to comply with this condition shall
constitute grounds for potential permit revocation.
5. A total of 4 on-site parking spaces shall be maintained,
including one in a tandem arrangement. The two rear
outdoor parking spaces may be converted to outdoor play
area.
6. The two existing garage spaces shall be accessible to
visitors of the subject parcel during business hours.
Employee parking shall be limited to the two existing
parking spaces in a tandem arrangement at the front of the
parcel.
7. A yellow loading zone, with a capacity of three vehicles,
shall be established by the City Parking and Traffic
Engineer at the 10th Street frontage of the subject
parcel. A City sign, paid for by the applicant, shall
state that the loading zone has a 15 minute time limit and
is effective Monday through Friday between the hours of
7:30 a.m. and 6:30 p.m. The loading zone is intended to
be for occasional drop-off and pick-up of children unless
otherwise required by City Parking and Traffic Engineer
to become the primary loading area.
8. The primary pick-up and drop-off ("loading") of children
shall take place at the alley, provided that all vehicles
enter from Broadway exclusively; that pick-up and drop-off
activity will take place in an orderly manner; that
queuing in the alley shall not extend to the sidewalk on
Broadway; and that, if complaints are received from
neighboring residential complexes, then the City Parking
and Traffic Engineer may require that all pick-up and
drop-off be conducted from the 10th Street frontage.
9. Either one or two "international traffic signs for
children" shall be posted in the alley near the subject
parcel's pick-up/drop-off area, at the expense of the
applicant and per the approval of the City Parking and
Traffic Engineer.
10. The applicant shall "flyer" all occupants of 10th Street
between Broadway and Santa Monica Boulevard once annually
regarding preschool activities, beginning one year from
the date of issuance of a business license for the subject
use.
11. Within one year after the issuance of a business license,
the applicant shall return to the Planning Commission with
a report on parking demand for the project.
12. One year after the issuance of a business license,
planning staff shall mail a notice stating that a report
on parking demand is available for review. This notice
shall be mailed to all occupants living on 10th Street
between Broadway and Santa Monica Boulevard, at the
expense of the applicant.
ATTACHMENTS:
A. Public Notice
B. Planning Commission Statement of Official Action
C. Appeal Form
D. Correspondence
E. Radius Map
F. Photographs of Site
G. Plot Plan