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HomeMy WebLinkAboutPC Res 15-19 - 2015-06-20RESOLUTION NO. 15 -19 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 15 -6 TO INCREASE THE NUMBER OF PRESCHOOL CHILDREN FROM 15 TO 20 IN AN EXISTING PRESCHOOL AND RELOCATE AN INTERIOR WALL TO INSTALL A SECOND BATHROOM STALL THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Seretta Fielding and Jim Saunders submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 15 -6 to increase the number of preschool children from 15 to 20 in an existing preschool and relocate an interior wall to install a second bathroom stall at 215 Seal Beach Boulevard (the "subject property "), which is located in the LC -RMD (Limited Commercial — Residential Medium Density) Zone. Section 2. This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a modification to an existing use and alteration to an existing restroom where only minimal modifications and permits are required. Section 3. A duly noticed public hearing was held before the Planning Commission on July 20, 2015 to consider the application for CUP 15 -6. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. On June 26, 2015, the applicants submitted an application to the Community Development Department for Conditional Use Permit 15 -6 to increase the number of preschool students from 15 to 20 at an existing preschool and alter an interior wall to accommodate a second bathroom stall. B. The subject site is located on the west side of Seal Beach Boulevard, north of Electric Avenue. The subject site is surrounded by commercial uses to the north, residential uses to the south and west, with military use across Seal Beach Boulevard to the east. The subject property is located in the LC -RMD (Limited Commercial — Residential Medium Density) zone. C. The subject site is a 2,587 square -foot parcel developed with a two - story 2,350 square foot mixed use building consisting of a second floor residential unit and commercial preschool on the ground floor. The subject site is considered nonconforming because it does not have a garage and the preschool began operation at time when daycares and preschools did not require a Conditional Use Permit. Page 1 of 5 Resolution No. 15-19 215 Seal Beach Blvd D. The Seal Beach Municipal Code (SBMC 11.4.40.035.0) permits changes, substitutions or expansions of nonconforming uses provided the structure conforms to the requirements of the California Building Code and any structural expansion meets the requirements of the Zoning Code and California Building Code. E. The proposal is to continue the existing preschool, increase the number of preschool students from 15 to 20 and alter an interior wall to accommodate a second bathroom stall. The preschool proposes to maintain all existing business operations. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed alteration is consistent with the General Plan. The General Plan specifies that the Limited Commercial Land Use designation encourages a mixture of residential and light commercial on Seal Beach Boulevard. The subject site is consistent with this commercial designation because the ground floor will continue to serve as a preschool and the second floor residential unit will continue to be the residence of the applicant. The proposed changes will not alter the existing use or operations on the subject site. The proposed alteration of one interior wall to accommodate the addition of a second bathroom stall will not alter the use on the site and will comply with all applicable California Building Codes. B. The proposed alteration complies with applicable provisions of the Municipal Code. The Municipal Code (SBMC 11.4.40.035.C) permits changes, substitutions or expansions of nonconforming uses provided the structure conforms to the requirements of the California Building Code and any structural expansion meets the requirements of the Zoning Code and California Building Code. The proposed changes to the nonconforming site will be compliant with all applicable California Building Codes and will not alter the existing use on the property. No exterior alterations or additional square footage is proposed as part of this change to a nonconforming property. The request encompasses an alteration in the number of students and alteration of an interior wall. C. The subject site is physically adequate for the proposed alteration. The proposal to change from 15 to 20 preschool students and alter an interior wall will not increase the parking demand for the subject site. The California Department of Social Services requires one teacher for every 12 students which requires two teachers on site for 15 or 20 students. The subject site has operated as a preschool for 8 years without generating complaints to the City of Seal Beach. The business owner lives on the subject site and proposes to maintain the existing operations. The proposed alteration to one interior wall will not result in additional square footage or a change in the businesses operations. Page 2 of 5 Resolution No. 15-1g 215 Seal Beach Blvd D. The location, size, design, and operating characteristics of the proposed alteration would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The existing preschool has operated at the subject site for 8 years without adversely affecting surrounding properties. The preschool will maintain its existing hours of operation from 7:00 a.m. to 6:00 p.m. and will maintain all of its existing operations. The alteration to one interior wall will accommodate a second bathroom stall without adding square footage. E. The establishment, maintenance, and operation of the proposed alteration would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed increase in preschool students will not require modifications to the site beyond the alteration of one interior wall to accommodate a second bathroom stall. The proposed alteration will comply with the California Building Code and will not increase the square footage of the building. The subject site is surrounded by a mix of commercial and residential uses, which fulfills the intent of the LC -RMD zone. The preschool has operated on the subject site for 8 years without causing a detriment to those residing or working in the vicinity. The increase will not alter the existing operations of the preschool as the hours will remain the same and no changes are proposed to the daily program or number of teachers on site. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 15 -6 to increase the number of preschool children from 15 to 20 in an existing preschool and relocate an interior wall to install a second bathroom stall, at 215 Seal Beach Boulevard, subject to the following conditions. 1. Conditional Use Permit 15 -6 is approved to increase the number of preschool children from 15 to 20 in an existing preschool and relocate an interior wall to install a second bathroom stall at 215 Seal Beach Boulevard. 2. The applicant shall comply with all restrictions placed upon the license by the State of California Department of Social Services. In connection with the City consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the California Department of Social Services. 3. The applicant shall furnish the City a copy of the CDSS license and a copy of any conditions placed on the license by the Department of Social Services. This shall be done as soon as the license is received by the applicant from the State of California Department of Social Services. 4. The premises of the preschool must be in substantial compliance with the plan submitted with the application and maintained on file with the Community Development Department date stamped June 26, 2015. All new construction shall comply with all applicable state and local codes. 5. The hours of operation shall be 7:00 AM to 6:00 PM Monday through Friday. 6. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code. Should complaints be received regarding noise Page 3 of 5 Resolution No. 15-19 215 Seal Beach Blvd generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 7. Any proposed alterations or upgrades to the preschool or subject site will require review and approval from the City of Seal Beach Planning Division. 8. A modification of this CUP must be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the preschool. 9. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach occurs. 10. The establishment shall have a public telephone listing. 11. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. 12. Failure to comply with any of these conditions or a substantial change in the mode or character of the preschool shall be grounds for revoking or modifying this CUP approval. 13. This CUP shall not become effective for any purpose unless /until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 14. The applicant is required to obtain all required Building and Safety permits prior to the alteration of one interior wall, construction or demolition. 15. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 16. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 17. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Page 4 of 5 Resolution No. i5-is 215 Seal Beach Blvd Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on June 20, 2015, by the following vote: AYES: Commissioners Campbell, Cummings, Machen NOES: Commissioners ABSENT: Commissioners Sloan ABSTAIN: Commissioners ing Commission Secretary �1� 10 �i 6 sther Cummings Vice- Chairperson Page 5 of 5