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SR-402-001 (30) '1(/2---00/ 6",r LUTM:PB:DKW:DB/CUP6CCM.PCWORD.PLAN Council Mtg: June 30, 1992 Santa Monica, California JU~ 30 'Ir"~.": ~;;,jL FROM: Mayor and City Council city staff TO: SUBJECT: Certification of statement Appeal of Conditional Use 92-010, and occupancy Permit at 1444 10th street. of Official Action for Permit 92-006, variance 92-005, for site located INTRODUCTION This report transmits for City Council certification the statement of Official Action for the appeal of the above listed Conditional Use Permit, Variance and Occupancy Permit to allow the establishment of a 45-children preschool in the R3 District with 4 on-site parking spaces (including one in a tandem arrangement) in-lieu of the 14 required by code. The subject property contains 5 apartment un! ts withdrawn from the rental market via the Ellis Act. BUDGET/FINANCIAL IMPACT This recommendation will have no budget or financial impact. RECOMMENDATION It is respectfully recommended that the city council approve the attached Statement of Official Action which contains findings and conditions of approval for Conditional Use Permit 91-020. Prepared by: Paul Berlant, Director of Land Use and Transportation Management Drummond Buckley, Assistant Planner Attachment: A. Statement of Official Action dated OS/26/92. 6-r I"~. ,;' '9'" ~ .... U I'i ,j I..i j jL CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Appeal of CUP 92-006, VAR 92-010, OC 92-005 LOCATION: 1444 lOth street APPLICANT: Cindy Wasson APPELLANT: David Brown CASE PLANNER: Drummond Buckley, Assistant Planner REQUEST: Appeal of Planning Commission approval of pro- posal to convert an existing vacant 5-unit apartment complex to a preschool for up to 45 children with four on-site parking spaces (in- cluding one in a tandem arrangement) in-lieu of the 14 parking spaces required by code and three on-street loading spaces in-lieu of one on-site loading space and one off-site loading space required by code CITY COUNCIL ACTION 5/26/92 Date. x Appeal denied. Planning Commission approval up- held with modifications to conditions and find- ings, as contained herein. Denied. Other. EFFECTIVE DATE(S) OF ACTION(S): 5/26/92 CUP 92-006 5/26/92 VAR 92-010 4/8/92 OC 92-005 EXPIRATION DATE(S) OF ANY PERllITS GRANTED: 5/26/93 CUP 92-006 5/26/93 VAR 92-010 none OC 92-005 - 1 - LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S): Any request for an extension of the expiration date must be received in the Planning and Zoning Division prior to expiration of this permit. three months CUP 92-006 six months VAR 92-010 none OC 92-005 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) per- mits 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 condition- ally 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 I of frontage on an existing alley and public street. - 2 - 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the proposed use would uti- lize 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 per- formance 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 loth street between Santa Monica Boulevard and Broadway having a frontage of 50 feet. Sur- rounding 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 lOth 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 regis- tered 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 mem- bers, 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 - 3 - vehicles be established at the curb in front of the sub- ject property, and other mitigating conditions. In addi- tion, the 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. The City council finds that variance findings pursuant to section 9ll3.5(a) through (i) do not apply because the subject variance is essential and desirable to the public convenience and welfare and is not in conflict with the General Plan and the granting of this variance is not materially detrimental or injurious to property or im- provements in the general vicinity and district in which it is located, in that, as conditioned, the the project will not have a severe impact on demand for parking or loading in the area, and in that the variance will allow the establishment of a use which is a high priority of the city and consistent with the goals and objectives of the General Plan. 5. A strict application of the Zoning Code would result in unreasonable deprivation of the use or enjoyment of the property, in that a preschool is a conditionally permit- ted use in the R3 District and, as conditioned, the pro- posal would mitigate the impacts of the parking variance at the site. 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 Plan- ning Division. Project development shall be consistent wi th such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) 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 Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant 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 for a period of fourteen days from the date of determination, or, if - 4 - appealed, until a final determination is made on the ap- peal. 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 is- sued for the project prior to the expiration date. One three-month extension of the one year period may be per- mitted 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 proj- ect, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in ac- cordance 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 ad- jacent 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 pas- senger loading plan. 11. Passenger loading areas shall be illuminated. The light- ing 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 dis- tricts, outdoor activities may only be conducted between the hours of 8:00 a.m. to 6:00 p.m. - 5 - 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 adj acent apartment building (the paved area at the rear of the site and the wooden deck at the side of the property) shall not be uti- lized for child play before 9:00 a.m. nor after 6:00 p.m. 16. If scholarship funds are made available from outside sources for a child or children who attend the subj ect preschool, the applicant shall make available space for said scholarship recipients. l7. Indoor activities may be conducted between the hours of 7:00 a.m. and 9:00 p.m. 18. Any parent/toddler program instituted at the site shall not occur before ll:30 a.m. or after 2:30 p.m. VARIANCE CONDITIONS 1. This determination shall become effective on the day of the city Council's determination. 2. The applicant shall comply with all other prov~s~ons of Chapter 1, Article IX of the Municipal Code (Zoning Or- dinance) 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 appli- cant, 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 Offi- cial Action, proj ect applicant shall sign a copy of the statement of Official Action prepared by the Planning Di- vision, 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. - 6 - 5. A total of 4 on-site parking spaces shall be maintained, including one in a tandem arrangement. The two rear out- door 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. Em- ployee parking shall be limited to the two existing park- ing spaces which shall remain as parking in a tandem ar- rangement 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 En- gineer at the loth street frontage of the subject parcel. A City sign, paid for by the applicant, shall state that the loading zone has a maximum parking time of fifteen (15) minutes 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 queu- ing in the alley shall not extend to the sidewalk on Broadway; and that, if complaints are received from neigh- boring residential complexes, then the City Parking and Traffic Engineer may require that all piCk-Up and drop-Off be conducted from the lOth street frontage. 9. Either one or two "international traffic signs for chil- dren" shall be posted in the alley near the subject par- cel's pick-up/drop-off area, at the expense of the appli- cant and per the approval of the City Parking and Traffic Engineer. 10. The applicant shall IIflyer" 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. Based on this study, the Planning Commission may adjust the hours of operation of the facility and the number of children who attend the parent/toddler program. l2. One year after the issuance of a business license, plan- ning 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. - 7 - VOTE Ayes: Nays: Abstain: Absent: Abdo, Genser, Holbrook, Vazquez, Zane Katz, Olsen NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision lnust be sought is governed by Code of civil Procedure section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section l400. I hereby certify that this Statement of Official Action accurate- ly reflects the final determination of the Planning Comlnission of the City of Santa Monica. signature date Clarice Dykhouse, City Clerk Please Print Nalne and Title 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 PC/acup6stc DKW:bz - 8 - VOTE Ayes: Nays: Abstain: Absent: Abdo, Genser, Holbrook, Vazquez, Zane Katz, Olsen NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which jUdicial review of this decision must be sought is governed by Code of civil Procedure Section 1094.6, which provision has been adopted by the city pursuant to Municipal Code Section 1400. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning Commission of the City of Santa Monica. ~id!:~~ J:1~ ?-Lf- r:;L date Clarice Dykhouse, City Clerk Please Print Name and Title 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 PC/acup6stc DKW:bz - 8 -