Item 7-A
|
|
PROJECT INFORMATION CASE NUMBER: Conditional Use Permit
07CUP-004
Variance 07VAR-006 LOCATION: 1420
& 1424 Yale Street APPLICANT: ( Property Owner: CASE PLANNER: REQUEST: Conditional Use Permit 07-004 & Variance 07-006 to
modify 97 CUP 009 for the existing childcare facility at a place of worship
and approve a private high school with an enrollment of up to 100 students in
the church’s annex building. CEQA STATUS: The project is exempt from
the California Environmental Quality Act (CEQA) pursuant to Class 3, Section
15303 (c) of the State CEQA Guidelines, in that the projects involving the
conversion of small structures (less than 10,000 square feet) from one use to
another use where only minor exterior modifications may be required to buildings
which are located in an urbanized environment and is consistent with the
Guidelines. |
PLANNING COMMISSION ACTION
|
November 14, 2007 |
Determination Date |
|
X |
Approved based on the following findings and subject to the conditions
below. |
|
|
Denied. |
|
|
Other: |
|
EFFECTIVE
DATES OF ACTIONS IF NOT APPEALED: |
November 29, 2007 |
|
EXPIRATION
DATE OF ANY PERMITS GRANTED: |
November 29, 2008 |
|
LENGTH OF ANY
POSSIBLE EXTENSION OF EXPIRATION DATES*: |
6 months |
* Any request for an
extension of the expiration date must be received in the City Planning Division
prior to expiration of this permit.
Each and all of the
findings and determinations are based on the competent and substantial
evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information
contained herein or in the findings are based on the substantial evidence in
the record. The absence of any
particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
FINDINGS:
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 the applicant is seeking approvals to permit a private high
school, which is located in the R2 District and modify conditions and the plans
approved by Conditional Use Permit (CUP) 97-001 and Reduced Parking Permit
(RPP) 97-001, which authorized the existing childcare facility. Santa Monica Municipal Code (SMMC)
Section 9.04.08.06.020 requires the approval of a CUP to establish or expand or
intensify a place of worship or child daycare center or a private school in the
R2 District.
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 the high school has been in
operation for approximately eight years with past enrollment between 65 and 75
students without the City receiving significant complaints from neighbors which
indicates that the current high school management has been effective in
reducing negative impacts on the adjacent neighbors. The proposed high school, as approved, will
have conditions of approval that will ensure that adverse impacts on the
neighborhood are minimized.
3.
The
subject parcel is physically suitable for the type of land use being proposed, in
that the high school has been in operation for approximately eight years with past
enrollments between 65 and 75 students without neighborhood complaints and the
proposed high school, as approved, will enroll up to 100 students and utilize
existing facilities not used by the church during the week.
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, as conditioned, the proposed
high school will operate along with the child care facility within an existing
annex building during hours that worship services are not being conducted.
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 with conditions limiting
operating hours to between 7:00 a.m. and 6:00 p.m., the sound impacts to
neighboring residential uses will be minimized. In addition, the proposed high school, as approved, will
have conditions of approval that will minimize adverse impacts on the
neighborhood to ensure compatibility.
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
project is located on a developed site in an urban area where adequate provisions for water, sanitation,
and public utilities and services are
provided.
7.
Public
access to the proposed use will be adequate, in that vehicular and pedestrian access will be provided
from
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 childcare and high school is located in an existing
two-story church annex building, located at the rear of the site. Conditions will limit activities to between
7:00 a.m. and 6:00 p.m. with high school activities ceasing by 4:00 p.m.
weekdays.
9.
The
proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element
Objective 1.1 stipulates “improve the quality of life for all residents by
providing a balance of land uses consistent with making
10.
The
proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the
childcare facility is licensed by the California Department of Social Services
and must apply with all applicable regulations, and both the childcare and high
school uses will be regulated by conditions of this permit that will minimize
the affect of the use on adjacent neighbors, reduce traffic and improve safety.
11.
The
proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 and special conditions outlined in Subchapter
9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that no Performance
Standards Permit is required, but subject to Variance 07-006 and the conditions
of approval set forth below, the project conforms to pertinent CUP special
conditions.
12.
The
proposed use will not result in an over concentration of such uses in the
immediate vicinity, in that there are
approximately 49 licensed day care facilities in Santa Monica, but none within
500 feet of the proposed site, and there are no private schools within 1,000
feet.
VARIANCE FINDINGS
1.
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. Specifically, the proposed high
school and childcare use requires 74 on-site parking spaces, 42 parking spaces
more than is required for the existing church use, but the locations of
existing buildings, un-availability of nearby off-street parking facilities and
the State required childcare playground limit the applicant’s ability to
provide more than 14 on-site parking spaces, resulting in a shortfall of 51
spaces.
2.
The
granting of such variance will not be detrimental nor injurious to the property
or improvements in the general vicinity and district in which the property is
located in that the high school has been in operation for approximately eight
years with past enrollments between 65 and 75 students without the City
receiving significant complaints from neighbors, which indicates that the
current high school management has been effective in reducing negative impacts
on the adjacent neighbors. The proposed high school, as approved, will be
subject to conditions of approval that will attenuate adverse impacts on the
neighborhood related to parking and vehicle traffic, including Conditions #1 -
17.
3.
The strict
application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships, not including economic difficulties or
economic hardships in that the parking variance is necessary to modify
conditions for the existing child daycare center and to allow the continued
operation of a high school with up to 100 students. No additional parking
spaces can be provided for the high school given the physical placement of
existing buildings and the lack of available nearby parking facilities.
4. The granting of a variance will not be
contrary to or in conflict with the general purposes and intent of this
Chapter, nor to the goals, objectives, and policies of the General Plan.
Specifically, the parking variance is necessary to modify conditions for the
existing child daycare center and to approve a high school with up to 65
students. Land Use Element Objective 1.1 stipulates “improve the quality of life
for all residents by providing a balance of land uses consistent with making
5.
The
variance would not impair the integrity and character of the district in which
it is to be located in that the high school has been in operation for
approximately eight years with past enrollments between 65 and 75 students
without the City receiving significant complaints from neighbors, which
indicates that the current high school management has been effective in
reducing negative impacts on the adjacent neighbors. The proposed high school,
as approved, will be subject to conditions of approval (Conditions #1 – 17) that
will minimize adverse impacts on the neighborhood related to parking, including
requirements restricting students from driving to school.
6.
The
subject site is physically suitable for the proposed variance, in that the childcare and high school is located in an
existing two-story church annex building located at the rear of the site. Conditions will limit activities to between
7:00 a.m. and 6:00 p.m. with most high school activities ceasing by 3:30 p.m.
weekdays. A total of 14 parking spaces will be provided on-site that are
accessible to staff of the high school and child day care facility.
7.
There
are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed variance would not be detrimental to
public health and safety in that the subject property is located within a
developed urbanized environment that is adequately served by existing
infrastructure, public utilities and services. It is not anticipated that
approval of the subject application will create a need for additional utilities
or services since no additional construction will result from this permit.
8.
There
will be adequate provisions for public access to serve the subject variance
proposal in that pedestrian access is available from Yale Street and vehicular and pedestrian access will be provided
from Santa Monica Place South alley. In
addition, there is accessible public transportation from Santa Monica Boulevard
165 feet to the north.
9.
For the
reduction of the automobile parking space requirements, the reduction is based
and conditioned upon an approved parking reduction plan that incorporates
transportation control measures that have been demonstrated to be effective in
reducing parking needs and that are monitored, periodically reviewed for
continued effectiveness, and enforced by the City as contained in SMMC Section
9.04.10.08.050. Conditions #6 -13 and
#16 and #17 address this issue.
Project
Specific Conditions
1.
Operation of the high school and child daycare
center shall comply with all
applicable provisions of Article IX of the Municipal Code and all other
pertinent ordinances and General Plan policies of the City of
2. The childcare outdoor play area shall
be enclosed by a fence of at least four feet in height. Materials, textures, colors, and design of
the fence shall be compatible with on-site development and adjacent properties.
3. For the purpose of noise abatement in
residential areas, organized outdoor activities shall be limited to the hours
of 9:00 a.m. to 5:00 p.m.
4. The child day care facility shall be
State licensed and shall be operated according to all applicable State and
local requirements.
5. The hours of operation for the child day care center shall be 7:00 a.m.
through 6:30 pm, Monday through Friday.
6. The hours of operation for the high
school shall be 7:00 a.m. through 4:00 pm, Monday through Friday. Staff and students participating in after
school activities, such as tutoring, drama and choir, shall vacate the site by
6:00 p.m. Up to five (5) special school
events, such as parent’s night, may be conducted beyond these operating hours
provided such special school event shall not be conducted at the same time the
sanctuary is being used for non-school related functions, including worship
services.
7. The high school and child daycare
center uses shall not occur at the same time as worship services in the
sanctuary. However, this condition does
not prohibit:
·
Groups
of less than 6 persons from meeting at the high school while non-school
functions are occurring in the sanctuary, including worship services; or
·
Groups
of less than 6 persons from meeting at the sanctuary while high school or child
daycare activities are being conducted; or
·
The use
of the high school or child daycare center facilities for church use during
church services.
8.
To
mitigate the shortage of on-site and on-street parking, the school shall not
permit students to drive to school. However,
the school may issue a conditional student driving permit to a student who is
providing carpool transportation for an off-site school event (for the day(s)
of the event) or to a student who has unique exceptional circumstances which
necessitate that the student drive and which would otherwise inhibit the
student’s ability to attend school.
Prior to issuing a written student driving permit, the school shall
verify that: 1) the exception is warranted; and 2) the student has arranged to
park in a lawful off-street parking lot.
The student driving permit shall be conditioned on: 1) the student
notifying the school of any change in the parking arrangement approved by the
school; and 2) the student agreeing not to park on the street, including using
a City issued parking permit. The school
shall immediately revoke the student driving exception permit if the student
violates any condition of the permit.
The school shall file a report with the City
Transportation Management Division within 30 days of the start of each school
year. The report shall list the student
driving exception permits and the specific off-site parking location for each
permit and include the name and telephone number for the property owner or
lease agent that is providing the student parking for the purpose of City verification
that the students are not using on-street parking or parking that is required
for a different use. The City
Transportation Planning Manager may modify this reporting requirement if the
school obtains a permanent parking facility.
9.
The
school shall coordinate the schedule of its teachers such that there are no
more than 11 staff-related vehicles are on site at any one time for the
combination high school/child daycare center operation.
10.
Prior to issuance of a Certificate of Occupancy or
within 60 days from the date of this
approval (insert date), the property owner/high school operator shall make improvements to the parking lot as shown in
Attachment D, relocate the lunch tables and implement the traffic
circulation-student drop-off/pick-up plan.
To accomplish this, the property owner/high school operator shall:
a.
Prepare and
submit a traffic circulation and student drop-off/pick-up plan for City staff
review and approval within 30 days from the date of this approval.
The plan shall provide students and parents with a clear understanding
of the acceptable routes of travel, drop-off and pick-up points in the alley,
no loitering policy and the code of conduct contained in Condition 11 and LLG
recommendations in Attachment C. The
plan shall be implemented as soon as possible, but not more than 90 days from the date of this approval;
b.
Implement the parking
plan (Attachment D), including, but not limited to paving space numbers 13 and
14, including patching the adjacent alley a/c paving to City standards; striping
all spaces, installing wheel stops or bollards; and posting the signage
pursuant to Condition 14. The
Transportation Management Division is authorized to approve minor modifications
in the parking plan;
c.
Relocate the
lunch/break tables from the parking area to the childcare playground or the
yard to the south of the sanctuary; and
d.
The property
owner/high school operator shall prepare and
submit a traffic and parking plan to the Transportation Management Division for
review and approval for any special events, such as parent-teacher meetings or
open houses, that they may wish to conduct pursuant to Condition No. 6.
The Director of Planning and Community
Development may grant up to 90 days extension for good cause.
11.
The school
shall assign a staff member to monitor the student drop-of and pick-up during
normal drop-of and pick-up periods.
Duties of the monitor include:
a.
Improve
safety and efficiency by encouraging parents and students to proceed in an
orderly and safe manner;
b.
Ensure
that parents with children arriving for childcare park on-site and escort their
children to and from the child care center;
c.
Advise
parents with high school students not to park and leave their vehicle
unattended in the alley;
d.
Discourage
parents and students from loitering in the alley;
e.
Ensure
that students being picked-up at school wait on-site and are ready to load and
depart promptly when their transportation arrives to reduce traffic congestion;
f.
Discourage
parents and staff from parking on the adjacent private-owned property; and
g.
Report
all infractions to the school and/or childcare management.
12.
The
school handbook shall include provisions for traffic, student/childcare
drop-off/pick-up and parking restrictions that are consistent with these conditions. High school students, their parents and
parents of childcare enrollees shall be required at the beginning of the school
year to review and sign a Code of Conduct that includes student and childcare
drop-off/pick-up procedures, parking restrictions and courtesy to
neighbors. The Code of Conduct shall
state the responsibility of the students and parents to comply with the Code,
including:
a.
They
shall follow directions from the school traffic monitor during student drop-of
and pick-up periods;
b.
No parking
in adjacent privately-owned parking areas shall be permitted;
c.
No high
school student shall drive to school unless she or he possesses a valid student
driving exception permit;
d.
No
loitering shall be permitted in the alley;
e.
No
loitering shall be permitted in the adjacent shopping center or non-school
property; and
f.
Students
being picked-up at school shall wait on-site and be ready to load and depart
promptly when their transportation arrives to reduce traffic congestion.
g.
Students
shall not be dropped-off or picked-up from
Failure to adhere to the Code of Conduct
shall result in prescribed disciplinary action.
The school shall take appropriate disciplinary action when violations
occur to prevent additional violations.
13.
Between the hours of 7:00 a.m. to 6:00 p.m. Monday
through Friday, on-site parking
shall be restricted for use by child
day care and high school staff, with two (2) standard size accessible
(non-tandem) spaces being designated for childcare loading and unloading only
and one space for visitors. These
parking restrictions shall be posted and enforced pursuant to CVC Section
22658.
14.
The
school shall prohibit loitering in the alleys, along
15.
The school
and childcare center shall at all times comply with the provisions of the City’s
Noise Ordinance (SMMC Chapter 4.12).
16.
Total
enrollment at the high school is limited to 100 students. However, enrollment shall not exceed 50
students until the property owner/high school operator complies with Condition #10. In addition, occupancy of the second floor of
the annex building shall not exceed 50 persons until the building and fire safety
Code requirements of Condition #19 are completed and a Certificate of Occupancy
is issued by the
17.
To
improve traffic flow and safety, the areas adjacent to the
18.
Provide
verification to city staff that the State licensing authority for the childcare
center has approved the reconfiguration and joint use of the childcare
playground by the high school.
19.
Prior to the issuance of a Certificate of
Occupancy and a business license the property owner/high school operator shall remedy all safety code compliance issues
that are outstanding, including, but not limited to obtaining pertinent permits
and completing work required for changing the building’s occupancy and
implement the improvements specified in Condition #10. Where corrective action requires the issuance
of a building permit, the building permit shall be issued within 90 day of this approval and the work
completed prior to June 30, 2008. Corrective action that does not require a
building permit shall be remedied within 60 days of this approval. The Director
of Planning and Community Development may grant up to 90 days extension for
good cause.
20.
These
conditions of this approval shall supersede all previous approvals on this
property including CUP No. 93 UP, CUP No. 127 UP, CUP 97-009 and RPP 97-001.
Administrative
21. The Planning Commission’s approval, conditions of approval, or denial of this application may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. An appeal of the approval, conditions of approval, or denial of a subdivision map must be filed with the City Clerk within ten consecutive days following the date of Planning Commission determination in the manner provided in Part 9.20.14, Section 9.20.14.070. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction.
22. Within ten days of City 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 City 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 City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.
23. Prior to issuance of a Certificate of Occupancy or Business License, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation.
24. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.
Conformance
with Approved Plans
25.
This approval is for those plans dated October
28, 2007, 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.
26.
Minor
amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept
shall be subject to Planning Commission Review.
The high school and childcare operations shall be in conformance with
the plans submitted or as specifically modified by the Planning Commission, or
Director of Planning.
Standard
Conditions
27. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.
28. No fence, gate, or wall within the required front yard setback shall exceed a height of 42" above actual grade of the property.
29. Any new mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure.
30. Final approval of any new mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.
VOTE:
CUP 07-004
Ayes: Dad, Davis,
Koning, O’Day, Ries, Chair Pugh
Nays: Johnson
Abstain: None
Absent: None
NOTICE
If this is a final
decision not subject to further appeal under the City of
I hereby
certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of
_____________________________ _____________________________
Gwynne Pugh, Chairperson Date
Acknowledgement by Permit Holder
I
hereby agree to the above conditions of approval and acknowledge that failure
to comply with such conditions shall constitute grounds for potential
revocation of the permit approval.
|
Print Name and Title |
|
|
|
Applicant’s Signature |
|
|