SR-402-001 (30)
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Council Mtg: June 30, 1992
Santa Monica, California
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30
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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 ts withdrawn from the rental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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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