HomeMy WebLinkAboutPC Res 1423 - 1986-09-03
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RESOLUTION NUMBER 1423
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH DENYING CONDITIONAL USE
PERMIT 12-86, A REQUEST TO EXPAND AN EXISTING
SMALL FAMILY DAY CARE HOME TO A LARGE FAMILY DAY
CARE CENTER AT A RESIDENCE LOCATED AT 1729 BAYOU WAY.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, the subject property is described as Lot 302 of Tract
No. 2590; and
WHEREAS, on April 30, 1986, an application for Conditional Use
Permit 12-86, a request for permission to operate a
large family day care center at a residence located at
1729 Bayou Way, was submitted to the Department of
Development Services; and
WHEREAS, the subject property contains
dwelling; and
one single family
WHEREAS, the subject property is located at 1729 Bayou Way,
100 ~ feet north of the junction of Harbor Way and
Bayou Way; and
WHEREAS, the subject property is located within a R.L.D.
(Residential Low Density) Zone; and
WHEREAS, the surrounding land uses are as follows:
North, South, East & West -
A mixture of single family residences in the R.L.D.
(Residential Low Density) Zone; and
WHEREAS, the application specifically requested to operate a
large family day care center with hours of operation to
be from 7:00 a.m. to 5:30 p.m. with a maximum of twelve
children at a time; and
WHEREAS, the applicant currently holds a license to operate a
small family day care home with a maximum of six
children at a time: and
WHEREAS, Section 13D-5 of the municipal Code establishes a noise
level standard of 55 dB(A) for all residential
properties; and
WHEREAS, noise levels at locations nearby the subject property,
taken with an industry-standard noise level meter,
ranged from 42 dB(A) to 56dB(A). At the time
measurements were taken, no children were playing
outside the subject property; and
WHEREAS,
a pool in
side yard
attending
property.
the rear yard and a large dog kept in the
restrict the play area available to children
the day care facility at the subject
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RESOLUTION # 1423
page 2
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of
the City of Seal Beach does hereby deny Conditional Use Permit
12-86 for the following reasons:
1. Noise levels in the vicinity if the subject property would
exceed the maximum noise level permitted by Section 130-5 of
the Municipal Code for residential properties if the
proposed conditional use permit for a large family day care
center is granted.
2. The size of the subject property and the manner in which it
is improved renders it inadequate and unsafe for use as a
large family day care center. A swimming pool occupies
almost all of the rear yard, and one of the side yards is
used as a dog run. The conditions existing on the subject
property would be detrimental to the health, safety and
welfare of the children attending a large family day care
center. II
PASSED, APPROVED AND ADOPTED by the Planning Commission
City of Seal Beach at a meeting thereof held on the 3rd
of September , 1986 by the following vote:
of the
day
AYES:
Commissioners_-CQvim:Jton. Sharp-. SUQQS
NOES:
Commissioners None
ABSTAIN:
Commissioners._~e~~ner
ABSENT:
Commissioners Perrin
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Chairman to the P
~-11Q,-- - ---
Secretary to the Plan 'ng