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Home My WebLink About2. PLN-11-00131-st. rpt - 10441 Lakewood Blvd STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: SEPTEMBER 7, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN-11-00131 (CONDITIONAL USE PERMIT MODIFICATION) – A REQUEST FOR REVISION ‘A’ TO AN EXISTING CONDITIONAL USE PERMIT (PLN-10-08048), THEREBY ALLOWING THE EXPANSION OF A DAYCARE AND K-5 PRIVATE ELEMENTARY SCHOOL BY CONVERTING EXISTING OFFICE SPACE (3,950 SQ. FT.) INTO THREE (3) ADDITIONAL CLASSROOMS WITHOUT INCREASING ENROLLMENT, AND ALLOWING FOR THE DAILY CLOSURE OF SEVEN PARKING STALLS FROM 9:30 AM TO 2;30 PM MONDAY-FRIDAY FOR USE AS AN OUTDOOR PLAYGROUND ON PROPERTY LOCATED AT 10441-45 LAKEWOOD BOULEVARD, ZONED C-1 (NEIGHBORHOOD COMMERCIAL). CEQA Staff has reviewed the proposed use in compliance with the California Environmental Quality Act (CEQA) Guidelines and determined that it is categorically exempt from CEQA, pursuant to Guideline Section No. 15304(e) Class 1, (Existing Facilities). Categorical Exemptions are projects which have been determined not to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Exempt activities under Class 1 consist of the operation, repair, maintenance, or minor alteration of existing structures or facilities not expanding existing uses. Staff feels that allowing the expansion of a daycare and K-5 private elementary school by converting existing office space (3,950 sq. ft.) into three (3) additional classrooms without increasing enrollment, and allowing for the daily closure of seven parking stalls from 9:30 am to 2:30 pm Monday-Friday for use as an outdoor playground represents negligible expansion of the uses. RECOMMENDATION Staff recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-11-00131 (CONDITIONAL USE PERMIT MODIFICATION) – REVISION ‘A’ TO AN EXISTING CONDITIONAL USE PERMIT (PLN-10-08048), THEREBY ALLOWING THE EXPANSION OF A DAYCARE AND K-5 PRIVATE ELEMENTARY SCHOOL BY CONVERTING EXISTING OFFICE SPACE (3,950 SQ. FT.) INTO THREE (3) ADDITIONAL CLASSROOMS WITHOUT INCREASING ENROLLMENT, AND ALLOWING FOR THE DAILY CLOSURE OF SEVEN PARKING STALLS FROM 9:30 AM TO 2;30 PM MONDAYFRIDAY FOR USE AS AN OUTDOOR PLAYGROUND ON PROPERTY LOCATED AT 10441-45 LAKEWOOD BOULEVARD, ZONED C-1 (NEIGHBORHOOD COMMERCIAL). PLN-11-00131 (CUP – Mod ‘A’) – 10441-45 Lakewood Blvd. September 7, 2011 -Page 2 CODE AUTHORITY The applicants are making their request pursuant to the provisions of Municipal Code Section 9314.04(a), Table 9.3.5, which lists “Daycare” and “Private School”, as conditional uses. The Planning Commission’s authority to act on them, is pursuant to Municipal Code Section 9824 (Conditional Use Permit). SITE LOCATION 10441-45 Lakewood Blvd. SITE DESCRIPTION A. Subject Property: 1. Property Information: Site Location: 10441-45 Lakewood Blvd. AIN: 6252-002-032 2. Applicant Information: Property Owner: James and Suzette Phillipy Around the World Children Center, Inc. 10441 Lakewood Boulevard Downey, CA 90241 3. CEQA Determination: Class 1, Existing Facilities 4. Noticing Information: Property Notification: Required Action Date: August 31, 2011 March 2, 2012 B. Surrounding Properties: Zoning Use PLN-11-00131 (CUP – Mod ‘A’) – 10441-45 Lakewood Blvd. September 7, 2011 -Page 3 North C-1 (Neighborhood Commercial) Print shop, credit unions, and offices. South R-1 5,000 (Single-Family Residential), R-2 (Two-Family) and R-3 (Multi-Family Residential) Offices, single family and multifamily residences. Cherokee Drive West R-1 5,000 (Single-Family Residential) Single family residences East R-1 7,500 (Single-Family Residential) Single family residences and Lakewood Boulevard C. Photograph of Subject Property: Northwest View of Subject Property BACKGROUND On February 20, 1974, the Planning Commission approved Zone Exception No. 1161 allowing for a one-story building with 52 off-street parking stalls, a modification of building setbacks, and signs at the subject site. On October 6, 2010, the Planning Commission recommended the City Council approve a General Plan Amendment and Zone Change, as well as the adoption of a Negative Declaration for the site. In addition, the Commission approved the Site Plan Review application and Conditional Use Permit for the project and a Minute Action was taken continuing the Planned Sign Program to a future meeting. On November 11, 2010, The City Council approved a General Plan Amendment and Zone Change, as well as adopted a Negative Declaration for the subject site. On May 18, 2011, the Planning Commission approved a Planned Sign Program for the subject Property. DISCUSSION The subject site is a 49,800 sq. ft. rectangular-shaped parcel that sits on the northwest corner of Lakewood Boulevard and Cherokee Drive. It is developed with a 21,460 sq. ft. multi-tenant building. Said building currently houses Around the World Children’s Center daycare and K-5 private school and various small professional office tenants. The lot is zoned C-1 (Neighborhood Commercial) and its General Plan designation is Neighborhood Commercial (NC). PLN-11-00131 (CUP – Mod ‘A’) – 10441-45 Lakewood Blvd. September 7, 2011 -Page 4 As mentioned, the subject is developed with a 21,460 sq. ft. one-story building. As approved by the Commission, the applicant has renovated the site and building, and currently occupies 13,610 sq. ft. of the existing building with the daycare/private school use, while the remaining 7,850 sq. ft. of the building houses office area not related to the daycare/private school. The applicant is proposing to expand his classroom area by 3,950 sq. ft. for use as a library/reading lab, art/science lab, and computer lab. This increase would total 17,560 sq ft. for the daycare/private school, and would leave 3,900 sq. ft. of professional office space. The Planning Commission approved a maximum of 180 children [on-site and enrolled] as part of the original conditional use permit; the applicant does not propose to increase this number at this time. Originally, the applicant proposed three classrooms, which required five parking spaces. Due to the proposed increase in classrooms from the original three to the proposed six, required onsite parking increases to nine spaces. The daycare rooms are not proposed to change and, as such, the daycare parking requirement does not increase from the original requirement of 16 parking spaces. Professional office space will decreases and as such, lower the required parking spaces for this use from twenty-seven (27) parking spaces to thirteen (13) parking spaces. Consequently, due to the proposed change in use, the required on-site parking spaces decrease from the original 48 required parking spaces to 38. Table 1 – Parking Standards Original Approval Proposed Approval Parking Spaces Elementary School -1.5 spaces per classroom (Required -5 spaces for 3 classrooms) Daycare -1 per 8 children based on occupancy load and 1 per 500 sq. ft. of gross floor area (Required -16 spaces for 2 daycare rooms with an occupancy load of 74 and measuring 2,575 sq. ft.) Professional office -1 per 300 sq. ft. (Required – 27 spaces for 7,850 sq. ft.) Total on-site parking required – 48 parking spaces Elementary School -1.5 spaces per classroom (Required -9 spaces for 6 classrooms) Daycare -1 per 8 children based on occupancy load and 1 per 500 sq. ft. of gross floor area (Required -16 spaces for 2 daycare rooms with an occupancy load of 74 and measuring 2,575 sq. ft.) Professional office -1 per 300 sq. ft. (Required – 13 spaces for 3,900 sq. ft.) Total on-site parking required – 38 parking spaces Total Provided 50 49 (Loss of one parking space for required trash enclosure) In addition to the increase in classrooms, the applicant is also requesting that the Commission allow him to temporarily close seven (7) parking spaces to the public, for use as an outdoor playground in addition to the existing 967 sq. ft. outdoor playground and 2,606 sq. ft. indoor playground that have already been provided on-site. The closure of said parking spaces would be from 9:30 a.m. to 2:30 p.m. so as to not affect peak drop-off and pick-up hours. Also, the closure of the parking area does not affect required parking since, there will be a total of 43 parking spaces outside the temporary, fenced playground area, fulfilling the parking requirement of 38 spaces. PLN-11-00131 (CUP – Mod ‘A’) – 10441-45 Lakewood Blvd. September 7, 2011 -Page 5 FINDINGS Pursuant to Municipal Code 9824.06, there are four (4) findings that must be adopted prior to Planning Commission approving a Conditional Use Permit. A discussion of the findings follows: A. That the requested conditional use permit will not adversely affect the purpose and intent of this chapter or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site’s location, immediately adjacent to existing C-1 (Neighborhood Commercial) and R-1 5,000 (Single-Family Residential) zoned properties, is an appropriate location for a daycare and private school (K-5) and its expansion, since this type of use will serve the immediate vicinity and is a family-oriented use. Section 9314.02(c) of the Downey Municipal Code reads: “The purpose and intent of the C-1 zone in to provide for the development of limited neighborhood shopping areas situated adjacent to, or surrounded by, residential neighborhoods. These shopping areas are intended to serve only the limited need for convenience goods and services in their immediate areas and should fit easily into a residential environment without detriment to the character of the area.” Staff finds that the proposed conditional use is consistent with the purpose and intent of the C-1 zone because it is a relatively small site, surrounded by residentially-zoned properties and because the size and scale of the existing buildings are compatible with those residential uses. Vision 2025 General Plan Policy 1.1.4 states, “Provide an appropriate amount of land area for people to acquire goods and services.” This policy is implemented with Programs 1.1.4.6 which states “Concentrate smaller commercial uses in neighborhood nodes” in addition, it is staff’s opinion that this property will exist as a buffer between larger commercial uses to the north and residential uses to the south, west and east of the site, while remaining compatible and complementary to the existing conditions in the area. As such, staff feels that this finding can be adopted. B. That the requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The subject site is in a fully developed area of the City. Staff’s opinion is that the proposed expansion of the daycare/private school (K-5) will not prevent surrounding properties from being developed further. The applicant proposes the increase of classroom within the existing footprint of the building and hence, the building size will not change. As such, staff feels that this finding can be adopted. C. That the size and shape of the subject property proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The subject site is a 49,800 sq. ft. rectangular-shaped parcel, which exceeds the 6,000 foot minimum in the C-1 zone. Currently, the site is developed with a 21,460 sq. ft. multi-tenant building established by Zone Exception Case No. 1161 on February 20, PLN-11-00131 (CUP – Mod ‘A’) – 10441-45 Lakewood Blvd. September 7, 2011 -Page 6 1974. Said building houses a variety of uses from daycare/private school to professional office. Staff is of the opinion that the site will be able to accommodate any use permitted under the C-1 zone, provided sufficient parking is available. Furthermore, any future expansion would require Planning Commission review in a duly noted public hearing. Accordingly, staff believes that this finding can be adopted. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The Institute of Transportation Engineers (ITE) stipulates the average rates for a day care use per 1000 sq. ft., at 79.26 trips on average weekdays, 12.71 trips during the AM peak hours of 7am to 9 am, and 13.2 trips during the PM peak hours of 4 pm to 6 pm (weekends have not been considered since the proposed use will be closed weekends). Applying these rates to the existing tenant space for the daycare/private school (K-5), the project is projected to produce 1,079 trips on an average weekday, 173 trips during AM peak hours, and 178 trips during PM peak hours. Although an increase in classroom is proposed, there will be no increase in the allowed quantity of children, established at one hundred and eighty (180) chidren by PLN-10-08048 (CUP). As such, there is no potential increase in traffic. The FEIR that was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), Chapter 2 -Circulation, Figure 2.1-1 -Circulation Plan, classifies Lakewood Boulevard as a Major Arterial. Figure 2.1-2 – Existing Traffic Volumes in the same document show that on Lakewood Boulevard between Florence Avenue (south of the subject site) and the Firestone Boulevard (north of the subject site), the existing Average Daily Traffic (ADT) volume is approximately 42.4 Vehicles Per Day (VPD) and the adopted capacity as shown in Figure 2.1-3, Projected Traffic Volumes, Chapter 2 – Circulation in the FEIR is 52.8 VPD. Thus, the daycare/private school use will not create a substantial increase in traffic. As such, staff feels that the proposed use will not impose an undue burden upon the streets and highways in the area and that this finding can be adopted. CORRESPONDENCE As of the date that this report was printed, staff has not received any written correspondence regarding this matter. CONCLUSION Staff recommends that the Planning Commission approve PLN-11-00131 (Conditional Use Permit Modification), Revision ‘A’ to an existing Conditional Use Permit (PLN-10-08048), thereby allowing the expansion of a daycare and K-5 private elementary school by converting existing office space (3,950 sq. ft.) into three (3) additional classrooms without increasing enrollment, and allowing for the daily closure of seven parking stalls from 9:30 am to 2:30 pm Monday-Friday for use as an outdoor playground on property located at 10441-45 Lakewood Boulevard, zoned C-1 (Neighborhood Commercial).