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HomeMy WebLinkAboutPC Res 16-04 - 2016-02-01RESOLUTION NO. 16 -4 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 15 -11 TO INCREASE THE NUMBER OF PRESCHOOL CHILDREN FROM 20 TO 24 IN AN EXISTING PRESCHOOL AND SUPERSEDING PLANNING COMMISSION RESOLUTION NO. 15 -19 (CUP 15 -6) 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 -11 to increase the number of preschool children from 20 to 24 in an existing preschool 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. Section 3. A duly noticed public hearing was held before the Planning Commission on February 1, 2016 to consider the application for CUP 15 -11. 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. The applicants submitted an application to the Community Development Department for Conditional Use Permit 15 -11 to increase the number of preschool students at an existing preschool operating under CUP 15 -6. 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 the site requirements adopted in the 2010 Zoning Code update. Page 1 of 5' Resolution No. 16 -4 215 Seal Beach Blvd D. The Seal Beach Municipal Code (SBMC 11.4.40.035.B) gives the Planning Commission authority to approve the expansion of a nonconforming use in a legally conforming structure. E. The proposal is to continue the existing preschool use and increase the number of preschool students from 20 to 24. The number of teachers will not increase and parking will not be impacted by this increase. The preschool proposes to maintain all existing business operations. F. On July 20, 2015, the Planning Commission held a public hearing and approved Resolution No. 15 -19, approving CUP 15 -6 to increase the number of preschool children from 15 to 20 in an existing preschool and to relocate an interior wall to install a second bathroom stall. Approval of this request will supersede CUP 15 -6 and all conditions of Resolution No. 15 -19 have been incorporated into this Resolution. 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 increase in the number of students, from 20 to 24 will not impact parking or the existing operations of the preschool. B. The proposed alteration complies with applicable provisions of the Municipal Code. The Municipal Code (SBMC 11.4.40.035.B) gives the Planning Commission authority to approve the expansion of a nonconforming use in a legally conforming structure. The proposed changes to the existing use will be compliant with all applicable will not alter the existing operations or cause an increase in parking demand. No exterior alterations or additional square footage is proposed as part of this change to a nonconforming use. The request encompasses an alteration in the number of students but will not result in an increase in the number of teachers or parking demand. C. The subject site is physically adequate for the proposed increase. The proposal to change from 20 to 24 preschool students 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 20 or 24 students. The subject site has operated as a preschool for over 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 preschool provides lessons within the Page 2 of 5 Resolution No. 15 -4 215 Seal Beach Blvd preschool structure throughout the day and has two periods of one hour or less where children are permitted to conduct outdoor activities in the play yard. 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 over 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 with two periods, of one hour or less, of outdoor play time. The increase in the number of students will not cause an increase in the number of teachers or increase the parking demand. 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. 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 over 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. Outdoor activities are conducted during two periods of one -hour or less, at 10:30 a.m. and 4:00 p.m. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 15 -11 to increase the number of preschool children from 20 to 24 in an existing preschool at 215 Seal Beach Boulevard, subject to the following conditions. 1. Conditional Use Permit 15 -11 is approved to increase the number of preschool children from 20 to 24 in an existing preschool 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. 16 -4 215 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, or if any violation of the Municipal 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. 15 -4 215 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 February 1, 2016, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners am Commission Secretary Esther Cummings Chairperson Page 5 of 5