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HomeMy WebLinkAbout1. PLN-19-00049 - 7542 SuvaSTAFF REPORT PLANNING DIVISION DATE: JUNE 19, 2019 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER PREPARED BY: MADALYN WELCH, ASSISTANT PLANNER SUBJECT: PLN-19-00049 (MINOR CONDITIONAL USE PERMIT) AN APPEAL OF AN ADMINISTRATIVE DECISION DENYING OPERATION OF A LARGE FAMILY DAY CARE (9 TO 14 CHILDREN) WITHIN A RESIDENTIALLY ZONED PROPERTY. LOCATION: 7542 SUVA STREET ZONING: R-1 6,000 (SINGLE FAMILY RESIDENTIAL) REPORT SUMMARY Sandra P Castro Magallon (herein after “the Applicant) is requesting an appeal of an administrative decision denying a Minor Conditional Use Permit for the operation of a large family day care on property located at 7542 Suva Street and zoned R-1 6,000 (Single Family Residential). Pursuant to Downey Municipal Code Section 9814.04(h), a Minor Conditional Use Permit is required for the operation of a large family daycare in residential zones. In accordance with the Downey Municipal Code, required findings must be met in a positive manner in order for the request to be approved by the City Planner. Based on the analysis contained in this report, staff is recommending that the Planning Commission uphold the original decision and deny the appeal, as City staff was not able to make positive findings to state the proposed large family day care use would not impact the surrounding properties, by adopting the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY AFFIRMING CITY PLANNER DECISION TO DENY PLN-19-00049 (MINOR CONDITIONAL USE PERMIT), A REQUEST FOR THE OPERATION OF A LARGE FAMILY DAY CARE (9 TO 14 CHILDREN) LOCATED AT 7542 SUVA STREET, AND ZONED R-1 6,000 (SINGLE FAMILY RESIDENTIAL). PC AGENDA PAGE 1 7542 Suva Street – PLN-19-00049 June 19, 2019 – Page 2 BACKGROUND The subject property is 6,022 square feet in area and located on the south side of Suva Street, between Guatemala Avenue and Wiley Burke Avenue. The property is zoned R-1 6,000 (Single Family Residential) and has a General Plan Land Use Designation of Low Density Residential. The property is developed with a 1,759 square foot home and a two-car garage located at the rear of the property. On April 16, 2019, the Applicant submitted an application to obtain a Minor Conditional Use Permit to allow for the operation of a large family day care at the aforementioned property. Staff completed the review of the submitted materials on April 24, 2019 and deemed the application complete. On April 24, 2019, staff mailed the notice of the request to all property owners within 100 feet of the subject site. Staff received letters of correspondence in opposition to the large family day care from surrounding residences. The concerns raised by neighbors were regarding traffic and noise generated by the proposed use. On May 10, 2019, after final review of the proposed use, staff denied the request because findings could not be made to state the proposed use had no potential negative impacts on the surrounding neighborhood. On May 24, 2019 the Applicant submitted a request to appeal Staff’s decision. Downey Municipal Code Section 9806 requires an appeal of a decision from the City Planner to be presented to the Planning Commission at a public hearing. The Planning Commission is required to conduct a public hearing then take action to: 1. Affirm the City Planner decision, 2. Modify the City Planner decision, or 3. Reverse original decision. Staff mailed the notice 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, on June 6, 2019. DISCUSSION The Downey Municipal Code has two (2) categories for family day care uses, small and large. California Government Code Section 1597.45 requires small family day care homes to be considered a residential use of property. Small family day cares provide care for up to eight (8) children and are permitted by right without a review process in compliance with state regulations. A large family day care, however, permits up to fourteen (14) children to be cared for within the provider’s dwelling unit. The intensity of this use requires an administrative review process through a Minor Conditional Use Permit because of potential impacts to surrounding uses. California Government Code allows these uses to be reviewed for consideration of noise, concentration, parking and traffic control. Staff reviews each proposed large family day care on an individual basis to determine whether the proposed location is best suited for this use. The subject site is located within a single family neighborhood with properties and habitable structures directly adjacent to each other. The configuration of the existing neighborhood where the large family daycare (14 children maximum) is proposed, results in the potential to cause a nuisance upon neighboring properties. The proposed use has a high potential of increasing the ambient noise levels through the addition of 14 children, on one property, at varying schedules throughout the day. The Applicant originally requested approval for child care to be permitted twenty-four (24) hours per day. The Applicant is now requesting the hours of operation to be sixteen (16) hours per day from 5:00 a.m. to 9:00 p.m., seven days per week. The proposed facility is a 1,759 square foot home where activities are expected to expand to outdoor play areas as the facility will need to accommodate both indoor and outdoor activity for children of varying ages. Due to existing development standards in the area, the outside play area may be located only five feet away to the closest neighboring habitable structure to the southeast. Additionally, the PC AGENDA PAGE 2 7542 Suva Street – PLN-19-00049 June 19, 2019 – Page 3 facility will need to accommodate varying drop-off and pick-up times in close proximity to neighboring habitable structures. The operational needs of this proposed facility has a high potential for increasing noise levels that would exceed the existing ambient levels in the single family residential neighborhood. Traffic generated by parents and guardians patronizing the proposed large family daycare can potentially increase to levels outside the norm for single family neighborhoods. This includes both traffic related to pick-up and drop-offs as well as parking necessary for visitors and future staff. In response to the public notice prepared for this application, staff was made aware that the neighborhood already experiences more traffic than other neighborhoods due to multiple factors. Some of the most impactful factors are the proximity of the Maude Price School and the perceived use of Suva Street as a secondary arterial by visitors traveling from neighboring communities. The high potential for increasing traffic impacts to an already impacted area contradicts the residential zone’s intent of creating stabilized and maintained communities. Suva Street has been studied by the Public Works Department due to outreach from residents and resulted in traffic improvements to the area. Based on prior studies and knowledge of the area, the Public Works Department indicated that proposed use is not suitable for the area. Therefore, the addition of a large family day care with up to 14 children will contribute to an already overly used street and generate traffic that is disruptive to neighboring properties and create unsafe conditions. Parking was another concern raised by surrounding property owners. Parking is limited and the need for multiple drop offs can cause a disruption in the area if parents choose to double park on the busy collector street. DEVELOPMENT REVIEW COMMITTEE On May 30, 2019, this project was reviewed by the Development Review Committee (DRC). The Police Department raised concerns with the noise levels produced by the proposed use. The Police Department also raised concern with the traffic safety on Suva Street, as it is used as a major artery. Additionally, they expressed concern that the absence of crosswalks in the area may make it unsafe for children or a daycare business because drop off and pick up would be difficult. They also expressed concern with the property providing a small amount of space for up to 14 children to be cared for. The Fire Department raised concern with the request because the large family day care will require improvements that may make the structure more commercial than residential. ENVIRONMENTAL ANALYSIS Pursuant to CEQA Guideline Section No. 15301, CEQA does not apply to projects which a public agency rejects or disapproves. FINDINGS The purpose of the Minor Conditional Use Permit is to review the location, site development, and/or conduct of certain land uses. These uses generally have unique and distinct operations compared to the areas in which they are located and are capable of creating special problems for adjacent properties. After review of the proposed large family day care, staff was not able to affirm the three findings required for approval of the Minor Conditional Use Permit so the request was denied. The Planning Commission can reverse or modify the City Planner’s decision of it believes the required findings can be made in a positive manner. Conversely, if one or more of the findings cannot be supported, then the Planning Commission must affirm the City Planner decision to deny the Minor Conditional Use Permit. Staff determined the following findings could not be made for the reasons stated below: PC AGENDA PAGE 3 7542 Suva Street – PLN-19-00049 June 19, 2019 – Page 4 1. The proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The General Plan land use designation for this property is Low Density Residential. This designation is identified in the General Plan as a place to allow detached single family residences and is characterized as having a projected population of 25 persons per acre. The addition of 14 children on one property significantly deviates from this land use designation. In response to the public notice prepared for this application, staff was made aware that the neighborhood already experiences more traffic than other neighborhoods due to multiple factors. Some of the most impactful factors are the proximity of the Maude Price School and the perceived use of Suva Street as a secondary arterial by visitors traveling from neighboring communities. The proposed large family day care is not consistent with the following General Plan Policy 1.3.1: Minimize or eliminate conflicts where incompatible land uses are in proximity to each other. The proposed location has existing traffic and parking impacts so the addition of the proposed use would be incompatible and worsen existing conditions. 2. The proposed activity or use is consistent with other provisions of this article. Traffic generated by parents and guardians patronizing the proposed large family daycare can potentially increase to levels outside the norm for single family neighborhoods. This includes both traffic related to pick-up and drop-offs as well as parking necessary for visitors and future staff. As part of the General Plan, there is focus on maintaining residential properties as residential uses to avoid potential negative impacts to single-family residential neighborhoods. Program 1.4.2.7 of the General Plan states: Maintain the single-family character of the low density residential areas. The spacing and density within this neighborhood is not conducive for a large family day care as proposed with the outdoor play area for the children being 5 feet away from the neighboring properties. Traffic and noise have a high potential to exceed the typical levels within single-family residential areas. The high potential for increasing traffic impacts to an already impacted area contradicts the General Plan and residential zone’s intent of creating stabilized and maintained communities. Parking was another concern raised by surrounding property owners. Parking is limited and the need for potentially multiple drop offs can cause a disruption in the area if parents choose to double park on the busy collector street. 3. The proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The large family daycare (14 children maximum) has the potential to cause a nuisance upon neighboring properties. The proposed use has a high potential of increasing the ambient noise levels through the addition of 14 children, on one property, at varying schedules throughout the day. The Applicant originally requested approval for child care to be permitted twenty-four (24) hours per day but, is now requesting the hours of operation to be sixteen (16) hours per day from 5:00 a.m. to 9:00 p.m., seven days per week. The proposed facility is a 1,759 square foot home where activities are expected to expand to outdoor play areas as the facility will need to accommodate both indoor and outdoor activity for children of varying ages. Due to existing development standards in the area, the outside play area may be located only five feet away to the closest neighboring habitable structure to the southeast. The proposed use conflicts with General Plan Policy 1.3.1: Minimize or eliminate conflicts where incompatible land uses are in proximity to each other of the General Plan, as this facility will need to accommodate varying drop-off and pick-up times in close proximity to PC AGENDA PAGE 4 7542 Suva Street – PLN-19-00049 June 19, 2019 – Page 5 neighboring habitable structures. A small family day care for up to 8 children is permitted by right, as the State of California has legislation stating that it can be operated in any residential property. However, the State acknowledges that a large family day care has the potential to impact communities so they should be reviewed on an individual basis. The expansion to allow up to 14 children may cause noise, traffic and parking impacts to Suva Street and the general welfare of the neighborhood itself. The operational needs of this proposed facility has a high potential for increasing noise levels and traffic that would exceed the existing ambient noise levels in this single family residential neighborhood. CORRESPONDENCE As of the date that this report was printed, staff received 18 articles of correspondence and one phone call in opposition from surrounding residents of the proposed request. CONCLUSION Based on the analysis provided in the staff report and in the findings above, Staff concludes that the proposed large family day care cannot meet all of the required findings in order to grant the Minor Conditional Use Permit. EXHIBITS A.Maps B.Draft Resolution C.Staff’s Decision Letter D.Applicant’s Appeal Letter E.Project Plans F. Correspondence PC AGENDA PAGE 5 7542 Suva Street – PLN-19-00049 June 19, 2019 – Page 6 EXHIBIT ‘A’ Vicinity Map PC AGENDA PAGE 6 7542 Suva Street – PLN-19-00049 June 19, 2019 – Page 7 Zoning Map Subject Site PC AGENDA PAGE 7 7542 Suva Street – PLN-19-00049 June 19, 2019 – Page 8 Aerial Map Aerial of Subject Site PC AGENDA PAGE 8 RESOLUTION NO. 19-_____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY AFFIRMING THE CITY PLANNER DECISION TO DENY PLN-19-00049 (MINOR CONDITIONAL USE PERMIT) A REQUEST TO CONDUCT A LARGE FAMILY DAY CARE (9-14 CHILDREN), LOCATED AT 7542 SUVA STREET, AND ZONED R-1 6,000 (SINGLE FAMILY RESIDENTIAL) 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.An application was filed by Sandra P Castro Magallon (hereinafter referred to as “the Applicant”) on April 16, 2019, requesting approval of a Minor Conditional Use Permit (PLN-19-00049) to conduct a large family day care, located at 7542 Suva Street, and zoned R-1 6,000 (Single Family Residential); and, B.Staff deemed the application complete on April 23, 2019; and, notice of the proposed project was sent to all Downey property owners within 100 feet of the subject site; and, C.On May 10, 2019, Staff denied the proposed project; and, on May 24, 2019, the Applicant appealed Staff’s decision; and, D.On June 6, 2019, notice of the proposed project was mailed to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, H.The Planning Commission held a duly noticed public hearing on June 19, 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 that pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves. 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: 1.The proposed activity or use will not be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The General Plan land use designation for this property is Low Density Residential. This designation is identified in the General Plan as a place to allow detached single family residences and is characterized as having a projected population of 25 persons per acre. The addition of 14 children on one property significantly deviates from this land use designation. In response to the public notice prepared for this application, staff was made aware that the neighborhood already experiences more traffic than other neighborhoods due to multiple factors. Some of the most impactful factors are the proximity of the Maude Price School and the PC AGENDA PAGE 9 Resolution No. 19-_______ Downey Planning Commission PLN 19-00049 – 7542 Suva Street June 19, 2019 - Page 2 perceived use of Suva Street as a secondary arterial by visitors traveling from neighboring communities. The proposed large family day care is not consistent with the following General Plan Policy 1.3.1: Minimize or eliminate conflicts where incompatible land uses are in proximity to each other. The proposed location has existing traffic and parking impacts so the addition of the proposed use would be incompatible and worsen existing conditions. 2.The proposed activity or use is not consistent with other provisions of this article. Traffic generated by parents and guardians patronizing the proposed large family daycare can potentially increase to levels outside the norm for single family neighborhoods. This includes both traffic related to pick-up and drop-offs as well as parking necessary for visitors and future staff. As part of the General Plan, there is focus on maintaining residential properties as residential uses to avoid potential negative impacts to single-family residential neighborhoods. Program 1.4.2.7 of the General Plan states: Maintain the single-family character of the low density residential areas. The spacing and density within this neighborhood is not conducive for a large family day care as proposed with the outdoor play area for the children being 5 feet away from the neighboring properties. Traffic and noise have a high potential to exceed the typical levels within single-family residential areas. The high potential for increasing traffic impacts to an already impacted area contradicts the General Plan and residential zone’s intent of creating stabilized and maintained communities. Parking was another concern raised by surrounding property owners. Parking is limited and the need for potentially multiple drop offs can cause a disruption in the area if parents choose to double park on the busy collector street. 3.The proposed activity or use will result in conditions or circumstances contrary to the public health, safety, and general welfare. The large family daycare (14 children maximum) has the potential to cause a nuisance upon neighboring properties. The proposed use has a high potential of increasing the ambient noise levels through the addition of 14 children, on one property, at varying schedules throughout the day. The Applicant originally requested approval for child care to be permitted twenty-four (24) hours per day but, is now requesting the hours of operation to be sixteen (16) hours per day from 5:00 a.m. to 9:00 p.m., seven days per week. The proposed facility is a 1,759 square foot home where activities are expected to expand to outdoor play areas as the facility will need to accommodate both indoor and outdoor activity for children of varying ages. Due to existing development standards in the area, the outside play area may be located only five feet away to the closest neighboring habitable structure to the southeast. The proposed use conflicts with General Plan Policy 1.3.1: Minimize or eliminate conflicts where incompatible land uses are in proximity to each other of the General Plan, as this facility will need to accommodate varying drop-off and pick-up times in close proximity to neighboring habitable structures. A small family day care for up to 8 children is permitted by right, as the State of California has legislation stating that it can be operated in any residential property. However, the State acknowledges that a large family day care has the potential to impact communities so they should be reviewed on an individual basis. The expansion to allow up to 14 children may cause noise, traffic and parking impacts to Suva Street and the PC AGENDA PAGE 10 Resolution No. 19-_______ Downey Planning Commission PLN 19-00049 – 7542 Suva Street June 19, 2019 - Page 3 general welfare of the neighborhood itself. The operational needs of this proposed facility has a high potential for increasing noise levels and traffic that would exceed the existing ambient noise levels in this single family residential neighborhood. PC AGENDA PAGE 11 Resolution No. 19-_______ Downey Planning Commission PLN 19-00049 – 7542 Suva Street June 19, 2019 - Page 4 SECTION 4. Based upon the findings set forth in Section 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby denies this Conditional Use Permit (PLN- 19-00049). SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 19th day of June, 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 19th day of June, 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 PC AGENDA PAGE 13 PC AGENDA PAGE 14 PC AGENDA PAGE 15 PC AGENDA PAGE 16 PC AGENDA PAGE 17 MEMORANDUM Correspondence in favor of the proposed project. 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