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HomeMy WebLinkAbout2. PLN-18-00189 - 8441 FlorenceSTAFF REPORT PLANNING DIVISION DATE: MARCH 20, 2019 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER PREPARED BY: MADALYN WELCH, ASSISTANT PLANNER SUBJECT: PLN-18-00189 (CONDITIONAL USE PERMIT) A REQUEST TO ALLOW “AROUND THE WORLD CHILDREN’S CENTER” TO OCCUPY AN EXISTING BUILDING AT A CHURCH FACILITY TO OPERATE A PRIVATE PRESCHOOL (AGES 2 THROUGH 4) AND PRIVATE ELEMENTARY SCHOOL (AGES 4 THROUGH 8). LOCATION: 8441 FLORENCE AVENUE ZONING: C-P (PROFESSIONAL OFFICE) REPORT SUMMARY Around the World Children’s Center (hereinafter referred to as “the applicant”) is requesting a conditional use permit to allow and operate a private preschool for 35 children, ages 2 through 4, and an elementary school for 30 students, ages 4 through 8, at an existing church property. The applicant is proposing to occupy 1,700 square feet of the first floor of a 4,620 square foot education building located at the rear of the site. After reviewing the materials and information submitted with the Land Use Permit Application, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-18-00189 (CONDITIONAL USE PERMIT): A REQUEST TO OPERATE A PRIVATE PRESCHOOL AND ELEMENTARY SCHOOL IN AN EXISTING EDUCATION BUILDING AT A CHURCH FACILITY, DOWNEY MEMORIAL CHRISTIAN CHURCH DISCIPLES OF CHRIST, LOCATED AT 8441 FLORENCE AVENUE AND ZONED C-P (PROFESSIONAL OFFICE) PC AGENDA PAGE 1 8441 Florence Ave – PLN-18-00189 March 20, 2019 – Page 2 BACKGROUND The project site is located on the north side of Florence Avenue and to the west of Brookshire Avenue. The subject property is zoned C-P (Professional Office) with a General Plan land use designation of O (Office). This subject site is approximately 66,043 square feet and is currently developed with three buildings, a sanctuary, a fellowship hall and an educational building which is also used for office space totaling 12,065 square feet and approved through Zone Exception 60-176 and built in 1978. As of this date, the sanctuary and fellowship hall is being occupied and will continue to be occupied by Downey Memorial Christian Church Disciples of Christ. The rear two-story education building is currently being used for office space and Sunday school for the church. The remainder of the lot is improved by a parking lot comprised of 75 parking spaces and landscaping. The neighboring uses include single family residential to the north, a bank to the south, offices and single family residential to the east, and offices to the west. In 1960, the Planning Commission approved Zone Exception 176, allowing an addition to an existing church building to provide a chapel, as well as allowing the use of two additional buildings on the lot for Sunday school meeting rooms and offices, thereby establishing a sanctuary, fellowship hall and education building at the subject property. In 2012, the Planning Commission denied a variance (PLN-12-00238), which was a request to deviate from the municipal code in order to exceed the maximum allowable size for the monument sign as well as encroach into the required front setback. On December 12, 2018, the City’s Planning Division accepted a planning application from the applicant for a Conditional Use Permit to allow the operation of both a preschool and elementary school for a total capacity of 65 children in the education building. Staff deemed the application incomplete on January 9, 2019. The applicant resubmitted the application on January 29, 2019. Staff completed the review of the resubmitted materials and the application was deemed complete on February 11, 2019. Staff mailed noticing of the pending public hearing to all property owners within 500 feet of the subject site and the notices were also published in the Downey Patriot. DISCUSSION/ANALYSIS Downey Municipal Code Section 9314.04 states that private school facilities in the C-P zone require a Conditional Use Permit. As such, the applicant is requesting approval of a private preschool and elementary school at an existing church facility. PC AGENDA PAGE 2 8441 Florence Ave – PLN-18-00189 March 20, 2019 – Page 3 Figure 1 – Florence Avenue Street View The proposed area will involve 1,700 square feet of the 1,824 square foot, first floor of the education building. The preschool will have 35 children between the ages of 2 through 4, and the private elementary school will have 30 children between the ages of 4 through 8, for a total of 65 children. The occupancy for the area of the first floor to be used by the school is 79 persons; therefore, with 65 students and 8 staff members, the size of the space is adequate for the proposed use. The preschool and elementary school will operate from 6:30 a.m. to 6:00 p.m., Monday through Friday. The church related uses on this property have operating hours on the weekends, as well as weekdays between the hours of 6:00 p.m. through 10:00 p.m. Since the hours of operation of the proposed use will not conflict with the church’s hours of operation, potential traffic impacts will be reduced on Florence Avenue. Public Works reviewed the potential impact on both eastbound and westbound traffic along Florence Avenue. The painted median in the middle of Florence Avenue provides an ample amount of queuing area to make a left turn onto the site without impacting eastbound traffic. The intersection at Florence and Brookshire also allows U-turns to be made, which provides another way of accessing the site. In addition, the site is parked adequately, has a deep, horse-shoe shaped drive aisle with plenty of queuing space for parents to pick up and drop off their children. The portion of the education building for this proposed use has a total of five classrooms, four restrooms, an office and kitchen. The classrooms will operate with a range of 6 to 24 students per room, as each room varies. The 1,920 square foot grass area located to the east of the proposed classrooms and to the west of the parking lot will be used as an outdoor playground. This proposed outdoor play area is separated from the residential properties to the east by 113 feet. The playground area is required to be enclosed with fences of 48” in height for safety purposes. With one lunch period and two recesses, all in 20 minute durations and alternating between the elementary students and the preschool students, Staff anticipates that the PC AGENDA PAGE 3 8441 Florence Ave – PLN-18-00189 March 20, 2019 – Page 4 playground noise will be at a reduced level considering not all students will be outside at the same time. A condition is also placed on the hours of outdoor activity to ensure that noise will be kept at a minimum during normal business hours, starting at 8:00 a.m. to 6:00 p.m. The existing buildings on the proposed site as well as the parking lot will serve as a noise buffer to the surrounding residential properties. There are a total of 75 parking spaces on the subject property, of which two are ADA accessible. The number of parking that is required for both the school and church uses comply with the City’s Municipal Code. However, 75 parking spaces require three ADA accessible spaces. Therefore, a condition is placed to ensure that this requirement is completed prior to operation of the proposed use. In addition, two driveways for this property are located off Florence Avenue, one is used for entering the site and the other for exiting, therefore it is anticipated that the on-site flow of traffic will not create any traffic congestion on-site or on Florence Avenue. Furthermore, the school programs end at 2:50 p.m., therefore most of the children are picked up in the early afternoon between 3:00 p.m. and 4:00 p.m., reducing the potential of any on or off-site traffic at 6:00 p.m. between the school and church uses. DEVELOPMENT REVIEW COMMITTEE On December 27, 2018, the Development Review Committee (DRC) discussed and evaluated the aspects of PLN-18-00189 that pertain the Planning, Police, Fire, Engineering, and Building and Safety matters. The Fire, Building and Safety and Public Works Departments provided their standard conditions of approval, but did not express any concerns about the proposed project. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15303 (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 CEQA. CONDITIONAL USE PERMIT Pursuant to requirements of Downey Municipal Code Section 9824.06 (CUP), staff recommends that the Planning Commission make the following findings to approve the request: 1.That the requested Conditional Use Permit will not adversely affect the intent and purpose of this article or the City’s General Plan or the public convenience of general welfare of persons residing or working in the neighborhood thereof; Around the World Children’s Center is requesting a use of a private preschool and elementary for 65 children at a church facility that is currently being used for offices and Sunday school. The proposed use is consistent with the City’s General Plan Land Use Chapter Goal 1.2, Policy 1.2.1., and Program 1.2.1.5. This land use goal of creating and encouraging a livable community environment is implemented by the proposed location and use of a private preschool and elementary. The existing building is surrounded by residential uses and will provide services for the residents of the community. PC AGENDA PAGE 4 8441 Florence Ave – PLN-18-00189 March 20, 2019 – Page 5 2.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 proposed preschool and elementary school are meant to serve as compatible uses to the existing church and office uses. There will be no expansion of existing buildings, as the schools will utilize existing space within the education building. The operation of the school will be during normal business hours. In addition, proposed playground will be centrally located between the activity building to the west, the 113-foot wide parking lot to the west, and the educational building to the north, all of which will serve as noise buffers and reduce the noise impacts associated with a small playground on adjacent residential properties. Conditions have been added to further reduce the possible noise impacts associated with the playground, such as prohibiting the parking lot from being used as a playground and limiting the hours that outdoor activity can take place. As proposed and conditioned, staff believes the proposed use will not adversely affect the adjoining land uses and growth and development of the area in which the proposed use is to be located. 3.That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a matter not detrimental to the particular area; and The proposed use will operate 1,700 square feet of the 1,824 square foot, first floor of the education building. This is an existing two-story structure located at the north end of the property and is currently used for office space and Sunday school for the existing church. Since the hours of operation of the proposed use will not conflict with those of the church, this will ensure that there will be no traffic congestion created with this proposed use. The existing building in which the proposed use is to occupy is built for Sunday school and office use with an occupant load of 79 persons. Therefore, this space is adequate to allow the full development of the proposed use of 65 students and 8 instructors, totaling 73 persons. Therefore, the size and shape of the site is adequate to accommodate the proposed use and will not be detrimental to the area. 4.That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The project site has two driveway access points along Florence Avenue. With the church and proposed schools operating at opposite times, there will be a sufficient amount of parking for all uses on site. Per Downey’s Municipal Code, the site includes driveways that comply with the Downey Municipal Code with both driveways being at least 15 feet in width. Therefore, the layout of the parking lot will accommodate the on-site traffic generated by the proposed schools. Per the City’s General Plan, Florence Avenue is a major arterial roadway. Issue 2.1 of the General Plan addresses the circulation network for the city and states that major arterials are designated to serve as through routes for traffic crossing the City and major arterials are able to manage high volume traffic with six travel lanes. Furthermore, the traffic generated by this proposed use will not impose an undue burden upon the surrounding streets or highways. PC AGENDA PAGE 5 8441 Florence Ave – PLN-18-00189 March 20, 2019 – Page 6 CORRESPONDENCE As of the date that the report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained in this report, the proposed request to operate a private preschool and elementary school in an existing building at a church facility can provide a benefit to the community and as conditioned to not adversely impact the surrounding residential areas. Furthermore, staff believes that all findings required for approval can be made in a positive manner. As such, staff recommends that the Planning Commission approve the Conditional Use Permit (PLN-18-00189), subject to the conditions of approval as stated in the Planning Commission Resolution. EXHIBITS A.Maps B.Draft Resolution C.Plans PC AGENDA PAGE 6 8441 Florence Ave – PLN-18-00189 March 20, 2019 – Page 7 EXHIBIT ‘A’ Vicinity Map PC AGENDA PAGE 7 8441 Florence Ave – PLN-18-00189 March 20, 2019 – Page 8 Zoning Map Subject Site PC AGENDA PAGE 8 8441 Florence Ave – PLN-18-00189 March 20, 2019 – Page 9 Aerial Map Subject Site PC AGENDA PAGE 9 RESOLUTION NO. 19-______ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-18-00189 (CONDITIONAL USE PERMIT): A REQUEST TO OPERATE A PRIVATE PRESCHOOL AND ELEMENTARY SCHOOL IN AN EXISTING EDUCATIONAL BUILDING AT A CHURCH FACILITY, DOWNEY MEMORIAL CHRISTIAN CHURCH DISCIPLES OF CHRIST, LOCATED AT 8441 FLORENCE AVENUE AND ZONED C-P (PROFESSIONAL OFFICE) THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A.On December 12, 2018, an application was submitted by James and Suzie Phillipy (hereinafter “the Applicant”), requesting a Conditional Use Permit to operate a private preschool for 35 children between the ages of 2 through 4, and elementary school for 30 children between the ages of 4 through 8 at an existing church facility, located at 8441 Florence Avenue, on property zoned C-P (Integrated Off and Professional Area), B.On January 9, 2019, staff deemed the application incomplete; on January 29, 2019, the Applicant re-submitted the Conditional Use Permit application. Accordingly, staff deemed the application complete on February 11, 2019; and, C.On March 7, 2019, notice of the pending Public Hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot; and, D.The Planning Commission held a duly noticed public hearing on March 20, 2019, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to comply with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission further finds, determines and declares that: A.The requested Conditional Use Permit will not adversely affect the intent and purpose of this article of the City’s General Plan or the public convenience of general welfare of persons residing or working in the neighborhood thereof. Around the World Children’s Center is requesting a use of a private preschool and elementary for 65 children at a church facility that is currently being used for offices and Sunday school. The proposed use is consistent with the City’s PC AGENDA PAGE 10 Resolution No. 19-______ Downey Planning Commission General Plan Land Use Chapter Goal 1.2, Policy 1.2.1., and Program 1.2.1.5. This land use goal of creating and encouraging a livable community environment is implemented by the proposed location and use of a private preschool and elementary. The existing building is surrounded by residential uses and will provide services for the residents of the community. B.The proposed preschool and elementary school are meant to serve as compatible uses to the existing church and office uses. There will be no expansion of existing buildings, as the schools will utilize existing space within the education building. The operation of the school will be during normal business hours. In addition, proposed playground will be centrally located between the activity building to the west, the 113-foot wide parking lot to the west, and the educational building to the north, all of which will serve as noise buffers and reduce the noise impacts associated with a small playground on adjacent residential properties. Conditions are in place to further reduce the possible noise impacts associated with the playground, such as prohibiting the parking lot from being used as a playground and limiting the hours that outdoor activity can take place. The proposed use will not adversely affect the adjoining land uses and growth and development of the area in which the proposed use is to be located. C.The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a matter not detrimental to the particular area. The proposed use will operate 1,700 square feet of the 1,824 square foot, first floor of the education building. This is an existing two-story structure located at the north end of the property and is currently used for office space and Sunday school for the existing church. Since the hours of operation of the proposed use will be opposite as the church, this will ensure that there will be no traffic congestion created with this proposed use. The existing building in which the proposed use is to occupy is built for Sunday school and office use with an occupant load of 79 persons. Furthermore, this space is adequate to allow the full development of the proposed use of 65 students and 8 instructors, totaling 73 persons. Therefore, the size and shape of the site is adequate to accommodate the proposed use and will not be detrimental to the area. D.The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The project site has two driveway access points along Florence Avenue. With the church and proposed schools operating at opposite times, there will be a sufficient amount of parking for all uses on site with 75 spaces including three ADA accessible parking spaces that meet California Building Code Chapter 11b. Per Downey’s Municipal Code, the site includes driveways that comply with the Downey Municipal Code with both driveways being at least 15 feet in width. Therefore, the layout of the parking lot will accommodate the on-site traffic generated by the proposed schools. Per the City’s General Plan, Florence Avenue is a major arterial roadway. Issue 2.1 of the General Plan addresses the circulation network for the city and states that major arterials are designated to serve as through routes for traffic crossing the City and major arterials are able to manage high volume traffic with six travel lanes. Furthermore, the traffic generated by this proposed use will not impose an undue burden upon the surrounding streets or highways. PC AGENDA PAGE 11 Resolution No. 19-______ Downey Planning Commission SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves the Conditional Use Permit (PLN-18-00189), subject to conditions of approval attached hereto, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of March 2019. Steven Dominguez, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 6th day of February 2019 by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PC AGENDA PAGE 12 Resolution No. 19-______ Downey Planning Commission CONDTIONAL USE PERMIT (PLN-18-00189) CONDITIONS OF APPROVAL PLANNING 1.This approval is to permit preschool and elementary school activities at Downey Memorial Christian Church Disciples of Christ, on property located at 8441 Florence Avenue, with up to 35 preschool children between the ages of 2-4 and 30 elementary students between the ages of 4-8, as shown on the approved site plan, and herein amended, received by the Downey Planning Division on January 29, 2019. Deviations or exceptions from said site plan shall not be permitted without the approval by the Downey Planning Division. 2.The number of elementary and preschool children combined shall not exceed 65. 3.Hours of operation for the preschool and elementary school shall be limited to 6:30 a.m. to 6:00 p.m., Monday through Friday. 4.The hours of operation for the preschool and elementary school shall not occur at the same time as operation of church activity on the subject property. 5.This approval shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 6.The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant’s expense, City and City’s agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 7.The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 8.The area designated for a playground shall be fenced with a 48” high fence. The final material, color and style shall require approval by the City Planner. 9.There shall be no outside playground activities before 8:00 a.m. Monday through Friday. 10.Outside playground activity times including recess and lunch shall be staggered to reduce possible noise impacts to a minimum. 11.The parking lot shall not be used as a playground or for children’s outdoor activities. PC AGENDA PAGE 13 Resolution No. 19-______ Downey Planning Commission 12.Signs shall be posted along the walls around the parking lot reminding parents and children to be courteous of the surrounding neighborhoods and residents with keeping noise to a minimum. 13.Before this Conditional Use Permit becomes effective, the parking lot must comply with ADA accessible parking spaces that comply with the California Building Code Chapter 11b accessibility parking space requirements. 14.The applicant shall comply with the art in public places requirements set forth in Downey Municipal Code 8950 et seq. This shall include payment of all required fees prior to the issuance of building permits. Should the applicant exercise their right to install public art on site, the public art application (including payment of all deposits) shall be submitted prior to the issuance of building permits. FIRE 15.Portable fire extinguishers shall be installed in Group E occupancies [CA Fire Codes §906.1; NFPA 10; CCR Title 19] 16.A manual and automatic fire alarm system that initiates the occupant notification signal shall be installed in Group E occupancies with occupant load of 50 or more persons or containing more than one classroom or one or more rooms used for Group E of I-4 day care purposes [CA Fire code § 907.2.3] 17.A fire safety and evacuation plan shall be prepared, maintained, and submitted for Fire Dept. review [CA Fire Code §403.5; CR Title 19]. Fire safety and evacuation plan shall also include information on fire drills and pre-fire planning/procedures (e.g. posting of telephone number for fire department in office and each classroom, evacuation instructions, etc.). 18.Egress shall adhere to requirements of CA Fire and Building Codes for required number of exits, exit illumination, illuminated exit signs, door swing, door hardware, door locks, etc. 19.Clothing and personal effects shall not be stored in corridors and lobbies (unless conditions of exemptions are met such as protection by an approved automatic fire sprinkler system) [CA Fire Code §807.5.2.1] 20.Artwork in corridors or classrooms shall be limited to what is required in code (no more than 50% wall surface in classroom and no more than 20% of wall surface in corridors) [CA Fire Code §807.5.2.2; 807.5.2.3] 21.A pre-occupancy fire inspection of the facility shall be coordinated with the Downey Fire Department to insure compliance with fire code requirements for Educational Group E occupancy. BUILDING 22.All construction shall comply with the most recent adopted City and State building codes: •2016 California Building Code PC AGENDA PAGE 14 Resolution No. 19-______ Downey Planning Commission •2016 California Residential Code •2016 California electrical Code •2016 California Mechanical Code •2016 California Plumbing Code •2016 California Fire Code •2016 California Green Code 23.Special Inspections – As indicated by California Building Code Section 1704, the owner shall employ one or more special inspectors who shall provide special inspections when required by CBC section 1704. Please contact the Building Division at time of plan submittal to obtain application for special inspections. 24.The Title Sheet of the plans shall include: •Occupancy Group •Occupant Load •Description of use •Type of Construction •Height of Building •Floor area of building(s) and/or occupancy group(s) 25.School impact fees shall be paid prior to permit issuance. 26.Dimensioned building setbacks and property lines, street centerlines and between buildings or other structures shall be designed on plot plan. 27.All property lines and easements must be shown on plot plan. A statement that such lines and easements are shown is required. 28.The project design will conform with energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption such as flow restrictors for toilets, low consumptions light fixtures, and insulation and shall use to the extent feasible draught landscaping. 29.Final construction drawings are to be prepared by a licensed professional per the Business and Professions’ Code. 30.Public and private site improvements shall be designed in accordance with the Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building. The design professional shall ensure that the site accessibility plan is compliance with the latest Federal and State regulations. PC AGENDA PAGE 15 PC A G E N D A P A G E 1 6 PC A G E N D A P A G E 1 7 P C A G E N D A P A G E 1 8 PC A G E N D A P A G E 1 8