HomeMy WebLinkAboutPC Res 10-14 - 2010-04-21RESOLUTION NUMBER 10 -14 0RIG
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COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 10 -2
TO ALLOW A LARGE FAMILY CHILD CARE
HOME (NOT MORE THAN 14 CHILDREN) WITHIN
A SINGLE FAMILY DWELLING AT 4657 GUAVA
AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On February 10, 2010, Sandra Luz Turner (the "applicant ")
submitted an application to the City of Seal Beach Department of Development Services
for Conditional Use Permit 10 -2.
Section 2 . The applicant is requesting a Conditional Use Permit to allow
a Large Family Child Care Home (LFCCH) for not more than fourteen (14) children
within a single family dwelling within the Residential Low Density (RLD) zone located at
4657 Guava Avenue, Seal Beach.
Section 3 . Pursuant to 14 Calif. Code of Regs. § 15274(a), the
California Environmental Quality Act (CEQA) does not apply to the establishment or
operation of a Large Family Child Care Home for up to fourteen (14) children, as
defined in section 1596.78 of the Health and Safety Code.
Section 4 . A duly noticed public hearing was held before the Planning
Commission on March 18, 2010, to consider the application for Conditional Use Permit
10 -2. At the hearing of March 18, 2010, the Commission opened the Public Hearing,
received testimony, and as a result of the testimony received, the Planning Commission
instructed staff to facilitate a meeting between the applicant and concerned neighbors.
The Planning Commission then voted to continue the Public Hearing until the regular
meeting of April 21, 2010.
Section 5. On April 5, 2010, staff held a meeting at City Hall with the
applicant and three neighbors to discuss the proposed project, further explain State Law
requirements, and to possibly craft additional conditions that would address specific
neighborhood concerns.
Section 6 . The record of the hearing that was opened on March 18,
2010 and continued to April 21, 2010, indicates the following:
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Planning Commission Resolution No. 10 -14
Conditional Use Permit 10 -2
4657 Guava Avenue (Large Family Day Care)
April 21, 2010
(a) On February 10, 2010, Sandra Luz Turner (the
"applicant ") submitted an application to the City of Seal Beach Department of
Development Services for Conditional Use Permit 10 -2.
(b) The applicant is requesting approval to allow a Large
Family Child Care Home for not more than fourteen (14) children within a single family
dwelling located within the Residential Low Density (RLD) zone.
(c) The subject property is approximately 5,482 square
feet in area and is located at 4657 Guava Avenue, within the neighborhood commonly
known as College Park East.
(d) The subject property has approximately fifty eight (58)
feet of frontage along Guava Avenue and is mostly rectangular in shape.
(e) The subject property currently has a mature,
developed, solid hedge along the rear property line wall that is at least 7' high and in
conjunction with the existing 5' high solid masonry wall, provides adequate sound
attenuation.
(f) The surrounding land uses and zoning are as follows:
❑ NORTH, SOUTH,
EAST, and WEST — Residential uses within the Residential Low Density
(RLD) zone.
(g) Staff has received two letters and two phone calls in
opposition to the proposed project, in response to the hearing notices that were mailed out
and published for Conditional Use Permit 10 -2.
Section 7 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §28 -2503 and §28 -2504 of the Seal
Beach Municipal Code, the Planning Commission makes the following findings:
(a) Conditional Use Permit 10 -2 is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a Low
Density Residential use designation for the subject property. The use is also consistent
with the remaining elements of the City's General Plan as the policies of those elements
are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed
use is consistent with the General Plan.
(b) The building and property at 4657 Guava Avenue are
adequate in size, shape, topography and location to meet the needs of the proposed
use of the property.
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Planning Commission Resolution No. 10 -14
Conditional Use Permit 10 -2
4657 Guava Avenue (Large Family Day Care)
April 21, 2010
(c) The existing mature hedge along the rear property
line wall, in conjunction with the existing 5' high solid masonry wall in this area, provides
sound attenuation that is equivalent to or better than the requirement of a 6' high solid
masonry wall, as prescribed for the proposed use.
(d) The proposed Large Family Child Care Home, as
proposed to be conditioned, is compatible with the character of the surrounding
neighborhood, which is the neighborhood commonly known as 'College Park East'.
Adherence to conditions of approval placed on the use by the City of Seal Beach will
mitigate any negative impacts to neighboring residents.
Section 8 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 10 -2, subject to the following conditions:
1. The development and operation of the Large Family Child Care Home shall be in
accordance with all applicable California Health and Safety Code regulations, as
well as all City of Seal Beach regulations as permitted by State Law.
2. A maximum of 12 children shall be allowed on -site at any time. This number may
be increased to 14 children if all of the following conditions are met:
(a) At least one child is enrolled in and attending kindergarten or elementary
school and a second child is at least six (6) years of age.
(b) No more than three (3) infants are cared for during any time when more
than twelve (12) children are being cared for.
(c) The licensee notifies a parent that the facility is caring for two additional
school age children and that there may be up to 13 or 14 children at the
home at one time.
3. The applicant shall schedule regular client arrivals and departures such that no
more than 4 client vehicles arrive or depart during a given 15 minute interval.
4. The applicant shall maintain at least one parking space that is open and clear
inside the garage at all times to facilitate the parking of at least one resident or
employee vehicle.
5. The applicant shall comply with Health and Safety Code 1597.46(d), including
compliance with any statewide standards that have or may hereafter be adopted
by the State Fire Marshall specifically relating to the subject of fire and life safety
in Large Family Child Care Homes, including those standards currently set forth
in the California Building Code.
6. The outdoor play area shall be contiguous useable area, enclosed by a 6 -foot
high masonry wall. The existing 7+ foot high hedge along the rear property line
wall may remain and is considered to be in compliance with this requirement in
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Planning Commission Resolution No. 10 -14
Conditional Use Permit 10 -2
4657 Guava Avenue (Large Family Day Care)
April 21, 2010
this area only. In the event that the existing hedge in this area is removed or is
no longer maintained as a hedge exceeding 6 -feet, the applicant shall install a
minimum 6 -foot high solid masonry wall. Any entry gates leading to and from the
outdoor play area shall be securely fastened and self - closing.
7. The Large Family Child Care Home shall be operated in a manner not exceeding
the maximum noise levels allowed by the City of Seal Beach Noise Ordinance,
as set forth in Chapter 7.15 of the Seal Beach Municipal Code, nor shall the
Large Family Child Care Home be operated in a manner that constitutes a noise
nuisance to neighboring properties, taking into consideration the noise level
generated by children. Should complaints be received regarding noise
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.
8. The applicant shall obtain a City business license prior to the operation of the
Large Family Child Care Home.
9. In addition to any required off - street parking spaces for residential properties, the
operator shall provide one (1) on -site parking space for each employee other
than the operator, and one (1) drop- off /pick -up space either on -site or
immediately adjacent to the subject property.
10. The garage areas of the residence shall not be utilized for the operation of the
Large Family Child Care Home.
11. Any outdoor play time in conjunction with the operation of the Large Family Child
Care Home shall only occur between the hours of 9:00 a.m. and 7:00 p.m.
12. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit if any violation of the approved conditions occurs, any violation of the
Seal Beach Municipal Code, occurs, or for those reasons specified by Article 28,
and in the manner specified in Article 25, of Chapter 28 of the Seal Beach
Municipal Code.
13. This Conditional Use Permit shall become null and void unless exercised within 1
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 Department of Development Services a minimum of 90 days prior to such
expiration date.
14. This Conditional Use Permit shall not become effective for any purpose unless
an "Acceptance of Conditions" form has been signed by the applicant in the
presence of the Director of Development Services, or notarized and returned to
the Planning Department; and until the 10 -day appeal period has elapsed.
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Planning Commission Resolution No. 10 -14
Conditional Use Permit 10 -2
4657 Guava Avenue (Large Family Day Care)
April 21, 2010
15. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) 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 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.
16. Failure to comply with any of these conditions may result in revocation of this
Conditional Use Permit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 21 st day of April 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Galbreath, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners Larson
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
Mar Persico, ICP
Secretary, Planning Commission
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