STATEMENT OF OFFICIAL ACTION
CASE NUMBER: Conditional Use Permit 06-005
CASE PLANNER: Ava M. Pecherzewski, Associate Planner
REQUEST: Application for Conditional Use Permit to amend conditions of approval of an existing CUP and allow for the expansion in enrollment of an existing preschool from 50 children to 72 children.
CEQA STATUS: The project is categorically exempt from the provisions of CEQA, pursuant to Class 3, Section 15303(c) of the State Guidelines in that the project entails the conversion of structures totaling less than 10,000 square feet from office use to school use.
PLANNING COMMISSION ACTION
May 17, 2006
Approved based on the following findings and subject to the conditions below.
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: June 1, 2006
EXPIRATION DATE OF ANY PERMITS GRANTED: June 1, 2007
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.
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 a preschool or the expansion of existing schools is permitted in the R3 (Medium Density Multiple Family Residential) District with approval 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 the proposed preschool with expanded enrollment will be operated within existing preschool buildings without the need for new floor area. A new playground area on the south portion of the parcel is oriented away from the multi-family residential buildings to the north to mitigate any potential noise impacts and will be enclosed with screened fencing to mitigate any potential visual impacts. In addition, conditions of approval have been added to address hours and special events in order to reduce the potential for noise disturbances on adjacent neighbors.
3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is relatively flat, has all the necessary public improvements and access to utilities. The proposed expansion of enrollment will utilize existing buildings with only interior modifications required.
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 proposed project is an expansion of enrollment of the on-site preschool use.
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 the proposed project proposes no new floor area and will utilize the existing buildings on-site which, in total, are smaller in size than that previously authorized by the 1963 Conditional Use Permit and continually occupied as a preschool until the Northridge earthquake in 1994. A new playground area on the south portion of the parcel is oriented away from the multi-family residential buildings to the north to mitigate any potential noise impacts and will be enclosed with screened fencing to mitigate any potential visual impacts. In addition, conditions of approval have been added to address hours and special events in order to reduce the potential for noise disturbances on adjacent neighbors.
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 proposed preschool expansion will utilize existing buildings on the site which is located in a developed urban area where services are adequately provided.
Public access to the proposed use will be
adequate, in that vehicular and pedestrian access is provided from existing
entry steps and a driveway on
The physical location or placement of the use on
the site is compatible with and relates harmoniously to the surrounding
neighborhood, in that the neighborhood consists of residential uses, the
existing preschool, and nearby commercial uses along Broadway and
9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the proposed expansion in enrollment is consistent with Objectives 1.1 and 1.2 of the Land Use Element. The expansion in enrollment at the preschool will provide a more child-friendly environment by encouraging child care and recreational activities consistent with Objective 1.1. Further, the design of the new outdoor playground area has been designed and conditioned to mitigate visual and noise impacts, thereby ensuring the compatibility of adjacent land uses and preserving the residential nature of the neighborhood consistent with Objective 1.2.
The proposed use would not be detrimental to the
public interest, health, safety, convenience, or general welfare, in that the
proposed expansion of the preschool facility is designed to meet the standards
set by the State’s Community Care Licensing Department and the preschool
facility, as conditioned, will operate compatibly within the surrounding
neighborhood since the conditions of approval will reduce any project-related
adverse impacts associated with noise or special events. In addition, the
proposed project will meet a documented unfulfilled demand for childcare and
educational services within the City of
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
The proposed use will not result in an over-concentration
of such uses in the immediate vicinity, in that the closest schools are more
than 500 feet from the subject property.
In addition, there exists a documented, unfulfilled demand for child
care and educational services within the City of
1. This approval is for those plans dated 2/1/06, 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.
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
3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division.
4. 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. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission.
Architectural Review Board
5. Plans for landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.
6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations.
7. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.
8. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof.
9. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.)
10. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants/ occupants of service.
11. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program.
12. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.
13. 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.
14. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a soundrated parapet enclosure.
15. Final approval of any 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.
16. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors.
17. Prior to issuance of a Final Inspection 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 time the establishment is in operation.
Validity of Permits
18. 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.
19. 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 City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.
20. 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. 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 actual commencement of the use granted by the permit. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or development process relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer.
21. The use of the preschool buildings and outdoor playgrounds shall be limited to 8:00 A.M. to 6:00 P.M. Monday through Friday and 8:00 A.M. to 1:30 P.M. on Saturday. Additionally, use of the preschool buildings is permitted for a maximum of two evenings per calendar month between the hours of 6:00 p.m. to 8:30 p.m. for parent education classes. Outdoor playground facilities may not be used during this time. Use of the buildings and outdoor playgrounds for special events beyond these hours and days shall be limited to three special events per year and limited to the hours of 10:00 a.m. to 4:00 p.m., with an allowance for set-up and clean-up activities between 8:00 a.m. to 10:00 a.m. and 4:00 p.m. to 6:00 p.m., respectively. The applicant shall submit a letter to the City Planning Division requesting approval of any special event at least 10 days prior to the event. The applicant shall further provide written notice to residential occupants within 100 feet of the site and a copy of the notice to the City Planning Division of any event that extends beyond the permitted days and hours, at least five days in advance of the event. Additionally, the applicant shall submit to the Transportation Management Division for review and approval, a parking management plan in which alternative parking arrangements for the special event are described (i.e., valet service, off-site parking locations).
22. The site shall only be used for activities associated with a preschool operation. No exhibits, performances, or special events un-related to the preschool shall be permitted. School-related activities, such as fundraisers, graduation ceremonies, and open house activities shall be permitted subject to the requirements of Condition #21 above.
23. Musical instruments or devices designed to amplify sound beyond the thresholds of Chapter 4.12 (Noise Ordinance) are not permitted for any events.
24. Fences and Walls. Outdoor play areas shall be enclosed by a fence of at least four feet in height, except that in a required front yard, fence height may not exceed four feet in height unless otherwise permitted through a variance or adjustment. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences and walls shall provide for controlled points of entry.
25. State and Other Licensing. All child care centers shall be State licensed and shall be operated according to all applicable State and local regulations.
Ayes: Brown, Clarke, Dad, Johnson, Koning, O’Day, Pugh
If this is a final decision not
subject to further appeal under the City of
hereby certify that this Statement of Official Action accurately reflects the
final determination of the Planning Commission of the City of
Gwynne Pugh 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.
Applicant's Signature Print Name and Title