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HomeMy WebLinkAboutPC Reso 19-3099RESOLUTION NO. 19-3099 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, 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, E. On June 19, 2019, the item was scheduled for a public hearing but was continued to a date uncertain to allow for additional review of subsequent information provided on behalf of the applicant; and, F. On August 8, 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, G. The Planning Commission held a duly noticed public hearing on August 21, 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). Resolution No. 19-3099 Downey Planning Commission 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: 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. 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 a 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 property's habitable structure. 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 is inconsistent with 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. Concentration. 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. The concentration of children is particularly problematic at this property because of the configuration of development on the property and the neighboring property to the southeast. The property's 600 square foot concrete pad is proposed to be part of the outdoor play area for children, and sits just 5 feet from the habitable structure on the neighboring property. The small size of the house for the proposed day care facility makes it likely this area would be heavily used by children. This concentration of uses—day care play area and neighboring habitable residence— is inconsistent with the following General Plan Policy 1.3.1: Minimize or eliminate conflicts where incompatible land uses are in proximity to each other. In addition, there is a similar use to the proposed use a quarter mile away, the Maude Price Elementary School. A large family day care use at the property would constitute an excessive concentration of people and uses. Traffic. In response to the public notice prepared for this application by the majority of the people who reside on this portion of Suva Street, 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 Elementary School and the perceived use of Suva Street as a secondary arterial by visitors traveling from neighboring communities. Suva Street is the only street to cross the Rio Hondo (a quarter mile northwest of the property), a tributary of the Los Angeles River, between Florence Avenue a half mile to the southwest, and Telegraph Road a mile to the northeast, both of PLN 19-00049 — 7542 Suva Street August 21, 2019 - Page 2 Resolution No. 19-3099 Downey Planning Commission which are major arterials. The portion of Suva Street where the property is situated has been the subject of a number of traffic -related complaints and studies in recent years. Traffic volumes there have increased from about 8,000 vehicles per day (vpd) in 2007 to 11,500 vpd as most recently measured in 2016. The large family day care would further increase traffic volumes and risk creating unsafe roads for a neighborhood in which many children are already present. The proposed large family day care is not consistent with General Plan Policy 2.1.1: Maintain a street system that provides safe and efficient movement of people and goods. Parking. Residents of Suva Street also informed staff that the street is already heavily used for parking and it is difficult to find space to park on the street. The proposed use will increase demand for parking. The need for potentially multiple drop offs can also cause a disruption in the area if parents choose to double park on the busy collector street, exacerbating traffic congestion and creating a safety hazard. This is inconsistent with General Plan goal 2.5, Minimize the impacts from lack of parking, and General Plan policy 2.5.1, Provide for adequate parking supply to meet parking demands. Noise. The proposed large family day care facility promises to add a significant source of noise. The backyard and the 600 square foot concrete pad on the side of the property immediately adjacent to a habitable structure on the neighboring property are part of the area proposed for use by up to 14 children. Given the small size of the house on the property, it is reasonable to expect that the backyard and concrete pad will experience heavy use by children at play. This use will generate noise. School playgrounds and other playgrounds for children have been the subject of noise studies. Noise attenuates with distance. General Plan Figure 6-1.2 shows that normally accepted (and expected) noise level of playgrounds and neighborhood parks is up to 70 db. The General Plan recognizes that residential uses generally, and low-density residential uses in particular, are noise sensitive uses. Normally accepted noise levels in areas designated for residential -low density is no more than 60 db. In part because of the location of an outdoor play area for up to 14 children 5 feet from a habitable structure on neighboring property, the proposed large family day care facility is inconsistent with the General Plan's provisions on noise. These include Goal 6.3, Minimize noise impacts on noise -sensitive land uses, Policy 6.3.1, Minimize the amount of noise generated by land uses, and Program 6.3.1.4, Consider noise impacts generated by schools, churches, and other similar noise -sensitive uses. 2. The proposed activity or use is not consistent with other provisions of this article. Among other things, the purpose of the City's zoning ordinance is to "prevent undue concentration of population." DMC § 9104(a). The zoning designation for this property is R-1. As provided by DMC section 9312.02(b), the purpose of the R-1 zone is to designate areas for living at designated population densities. The provisions of this zone are intended to ensure that the residential character of such areas will be stabilized and maintained. As indicated above, the proposed use of the property as a large family day care facility for up to 14 children is not consistent with these provisions. This is due in part to the presence of a 600 square foot outdoor play area 5 feet from a habitable structure on a neighboring property and the proximity of a similar use—an elementary PLN 19-00049 — 7542 Suva Street August 21, 2019 - Page 3 Resolution No. 19-3099 Downey Planning Commission school—one-quarter mile away. The proposed large family day care facility would result in an excessive concentration of uses. 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 is 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 due to the fact that 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 is located less than five feet away from the adjacent residential properties. One of the proposed outdoor play areas is developed with concrete which may allow the noise from the children to carry over to the neighbors much louder than a grassy area would. The City has adopted noise regulations. DMC §§ 4606 et seq. The City has established standards for noise level limits for various time periods and areas within the City. Id. § 4601.1. Noise in excess of the limits constitute a public nuisance. Id. Section 4606.3 of the municipal code sets daytime maximum noise levels in residential areas at 55 db(A). The proposed large family day care facility is inconsistent with this standard. In particular, due to the configuration of the outdoor play areas for up to 14 children, including the 600 square foot concrete pad immediately adjacent to a neighbor's habitable living space, the proposed use may be reasonably expected to exceed the maximum noise level. Children's play areas are inherently noisy. A conflict arises as this facility will need to accommodate varying drop-off and pick-up times in close proximity to neighboring habitable structures as well as parking for the staff. The applicant has stated that there will be three (3) helping staff members along with the applicant, herself. 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. If the residence had additional space to have a driveway that accommodates for drop-off and pick-up, there would not be as much concern. However, parents dropping off or picking up their children may use the driveway approach which will block the path of travel on the sidewalk and create unsafe or congested areas that of which are already impacted. 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. PLN 19-00049 — 7542 Suva Street August 21, 2019 - Page 4 Resolution No. 19-3099 Downey Planning Commission 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 Minor Conditional Use Permit (PLN -19-00049). SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 21St day of August, 2019- 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 21" day of August, 2019 by the following vote, to wit: AYES: COMMISSIONERS: Owens, Frometa, Spathopoulos and Dominguez NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Duarte ABSTAIN. COMMISSIONERS: None Mary Canagh, Secreta City Planting Commission PLN 19-00049 — 7542 Suva Street August 21, 2019 - Page 5