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Consideration of a Conditional Use Permit Modification (CUP/M-2015066) to permit the addition of 50 students to an existing 600 student private school located at 12095-12101 Washington Boulevard. (Continued From October 14, 2015)
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Contact Person/Dept: Thomas Gorham/Planning (310) 253-5727
Public Hearing: [X]
Attachments: [X]
Public Notification: On September 24, 2015, a notice was mailed to all the property owners and occupants within a 500-foot radius of the site and emailed to the Master Notification List.
Approval: Planning: Thomas Gorham - Community Development: Sol Blumenfeld
RECOMMENDATION:
Staff recommends the Planning Commission consider the staff report, the information provided by the applicant, and any public testimony presented and either:
A. Adopt a Resolution approving the CUP Modification Request.
OR
B. Adopt a Resolution denying the CUP Modification Request.
PROCEDURES:
1. Chair calls on staff for a staff report and Commission poses questions to staff as desired.
2. Chair opens the public hearing, providing the applicant the first opportunity to speak, followed by the general public.
3. Chair seeks a motion to close the public hearing after all testimony has been presented.
4. Commission discusses the matter and arrives at its decision.
BACKGROUND:
Request
On June 4, 2015, The Help Group school (the "Applicant"), located at 12095-12101 Washington Boulevard, submitted an application to modify its existing Conditional Use Permit (CUP) in order to add 50 students, thereby increasing student enrollment from 600 students to 650 students. The request for the increase in students is due to the closure of another special-needs school and the need for The Help Group to absorb their students. The Help Group does not propose an expansion of the physical campus nor does it propose to expand the buildings within the campus as part of this request.
Original Entitlements
The Help Group was originally established through the approval of a Conditional Use Permit in 1999 to operate a 400 student private school at the subject location and all of the buildings on the site are approved for school uses. The Help Group campus is occupied by two separate private school facilities, Summit View School and Village Glen School, both under The Help Group umbrella organization. The Summit View School serves students with specific learning disabilities, between grades 1 through 12. The Village Glen School serves students with social and communicative disabilities, including Asperger's Disorder, high-functioning autism, and nonverbal learning disabilities, between grades Pre-K through 12.
Modifications
On December 13, 2011, The Help Group school submitted an application to modify its original Conditional Use Permit (CUP/M P-2011175) in order to add 250 students, thereby increasing student enrollment from 400 students to 650 students. In order to accommodate the proposed 250 student increase, The Help Group proposed to convert the building at 12095 Washington Boulevard from medical offices, a pharmacy and a second hand clothing store operated by the school into classrooms, staff offices, a multi-purpose room, and support facilities, and a rooftop play area. (See Attachment No. 1 - Approved Project Plans).
On April 11, 2012, the Planning Commission held a duly noticed public hearing to consider the applicant's request for Conditional Use Permit Modification (CUP/M) P-2011175. Following public testimony and discussion of the item, the Commission voted to continue the item to May 9, 2012, with a request that staff and the applicant provide additional information. The Commission's request for additional information included: 1) Business tax revenues generated by the uses at 12095 Washington Boulevard between 2000 to the present; 2) An explanation of the methodology used for the project's traffic study from the City's traffic engineer; and 3) A letter of explanation from the project's acoustical engineer regarding potential noise impacts from the proposed rooftop play area at 12095 Washington Boulevard. The Commission also requested that staff revise the Staff Report and Environmental document to clarify that the analysis includes the overall impacts of 650 students, not just the additional 250 students.
At the continuation hearing on May 9, 2012, the Commission reviewed the additional information provided by staff and the applicant. Following conclusion of the public hearing, the Commission considered a motion to deny the project and the related Negative Declaration. The motion carried by a 3-2 vote. On May 23, 2012, the Resolution to deny the application, including written findings, was brought to the Commission for review and adoption. Prior to adoption of the Resolution, the Commission held a vote to reconsider the application following receipt of new information from the applicant. The Commission considered a motion to reconsider the denial of the application, with a continuation hearing scheduled for June 20, 2012. The motion carried by a 3-2 vote.
On June 20, 2012, the Commission held a duly noticed public hearing to reconsider the Help Group's application. Prior to the hearing, the applicant revised its request in order to address concerns the Commission had presented as reasons for their original denial. Project changes and voluntary conditions of approval included the following:
Student Enrollment
In order to address concerns from the Commission regarding potential traffic and circulation impacts, the applicant proposed to reduce the total enrollment increase from 250 students to 200 students. The applicant further explained that the 200 student addition would not occur all at once. An increase in enrollment would occur over at least a three year period, allowing them to modify on-site circulation over time if issues were identified. The reduction in student enrollment would result in a decrease in trips to and from the school each day by bus, taxi vans and parent transportation.
Noise
In order to address concerns about noise from neighbors and the Commission, the applicant also agreed to build a 14-foot high wall along the shared property line with residential properties located in the City of Los Angeles, which abut the school's central play area. The applicant agreed to work with its neighbors regarding a design for the wall, before seeking approval for the higher wall from the City of Los Angeles (the portion of the school campus where the play area and wall are located is in the jurisdiction of the City of Los Angeles). The applicant's acoustical consultant identified that the increase in wall height will result in a reduction of 10 decibels in noise impacts from pick-up and drop-off activities and playground usage at the school. After construction of the higher wall, noise levels will be a minimum of 15 decibels lower than the allowable noise levels identified in the City's Noise Element of the General Plan.
Financial Compensation
The Help Group volunteered to compensate the City for lost revenues due to the conversion of the building at 12095 Washington Boulevard from medical offices and a school operated retail store to school facilities. As part of their proposal to the Planning Commission the Help Group voluntarily offered to pay an amount of $17,050 annually to reimburse the City for lost property tax and business tax revenue ($11,650) from the building that will be converted into classroom use and to cover City cost for emergency services including Fire and Police calls ($5,400).
The financial compensation is a voluntary action by the Help Group. The Help Group application did not include a legislative action (i.e. a zoning code amendment) to permit the school use, as the school is a conditionally permitted use in the subject Commercial General Zone. Since the requested modification was only for increased enrollment there was no direct nexus for the City to impose a monetary extraction on the Help Group as a condition of approval of the modified CUP. The City exacting a payment for loss of revenue similar is not legally supportable as it would be difficult to make a nexus that the increased enrollment is causing a loss of revenue because the school use is already permitted on the site.
Future Development
The Help Group also volunteered a condition of approval to waive its right to file for any future increase in the number of students beyond the requested 600 student enrollment for the properties included in the CUP.
Following conclusion of the public hearing, giving consideration to the applicant's request for a Conditional Use Permit Modification, and giving consideration to the proposed changes to the request submitted by the applicant, the Planning Commission adopted a motion (3 to 2) to deny the project and the related Negative Declaration. As outlined in the Planning Commission Resolution No. 2012-P005 (Attachment No. 2), the Commission could not make the necessary findings to approve the Conditional Use Permit Modification due the noise and traffic impacts that the increase in student enrollment would cause. The Minutes for the subject Planning Commission meetings are contained in Attachment No. 3.
Appeal
On July 5, 2012, a timely appeal was filed by the Help Group pursuant to Section 17.640.030 of the Culver City Municipal Code. On September 10, 2012 the City Council held a duly noticed public hearing on the Help Group's appeal. Following review of the staff report, information provided by the applicant and public testimony, the City Council by a 5-0 vote adopted Resolution No. 2012-R-081 (Attachment No. 4) granting and appeal and reversing the Planning Commission denial of Conditional Use Permit Modification, CUP/M P-2011175 to allow for a 600 student Private School of Special Needs Students. The Minutes for the subject City Council meetings are contained in Attachment No. 5.
As part of its approval, the City Council imposed the following Special Conditions of Approval as outlined in Resolution No. 2012-R-081:
Special Conditions of Approval
* Condition No. 20: The Project shall provide up to a 14-foot high wall along the shared property line between the school's playground and the abutting residential properties (12028 to 12042 Sylvester Street) in the City of Los Angeles. Plans for the wall shall be provided to the Culver City Planning Division and abutting property owners for review and comment prior to submittal to the City of Los Angeles.
* Condition No. 52: Follow-up review reports on the operation of the Traffic Management Program (TMP) shall be submitted to the Planning Division after six months and after one year of full operation. The Applicant shall enter into a Memorandum of Understanding (MOU) with City which outlines the scope and content of the reports. If it is determined by the Planning Manager and the City's Traffic Engineer that the goals of the TMP are not achieved, additional requirements may be imposed as determined by the Planning Manager and the City's Traffic Engineer.
* Condition No. 53: The maximum number of students for the combined Village Glen School and Summit View School shall not exceed 600. A letter verifying the student enrollment shall be submitted annually to the Planning Manager no more than 30 days after the commencement of the school year.
* Condition No. 54: No more than 15 permits shall be issued for students to drive to the Summit View School.
* Condition No. 55: The maximum number of staff for the combined Village Glen School and Summit View School shall not exceed 230. A list of all staff shall be submitted to the Planning Manager annually 14 days prior to the commencement of the school year.
* Condition No. 56: Transports dropping-off and picking-up students in the Grand View Boulevard parking lot and drop area (adjacent to the Washington Boulevard and Grand View Boulevard intersection) shall be permitted to exit the area using a left turn or right turn onto Grand View Boulevard.
* Condition No. 58: Metered street parking shall not be used for a queuing area to the site. No School-operated vehicles shall use the metered street parking at any time.
* Condition No. 59: The Applicant has voluntarily agreed that it shall waive its right to request any future increase in the number of students beyond the 600 students permitted by this Conditional Use Permit Modification. In addition, the school shall limit future expansions of operations to the existing campus boundary permitted for school use under the original Conditional Use Permit.
* Condition No. 60: To alleviate the financial impact on City resources due to its non-profit status, and to help ensure the public health, safety and welfare are provided, the Applicant, on behalf of itself and each of its successors and assigns, has voluntarily agreed, for as long as the Applicant and any non-profit successor or assign takes benefit of this Conditional Use Permit, to reimburse the City for lost property tax and business tax revenue, and cost for emergency services, in the amount of $17,050 annually. Applicant shall make said payment to the City's General Fund on or before June 30 of each year. The payment shall be increased annually based on the Bureau of Labor Statistics Consumer Price Index (CPI) for the Los Angeles-Riverside-Orange County Metropolitan Area published in June of each year. Such increase shall not be compounded but be calculated each year on the base payment of $17,050.
* Condition No. 65: The Applicant shall provide a written plan to the Planning Manager for review and approval identifying specific actions, including but not limited to an education program, the use of window decals on employee vehicles and a hotline number to neighbors, that will be taken to stop the use of neighboring residential streets by taxicabs, parents and employees of The Help Group for parking or idling while waiting to pick up students.
ANALYSIS:
Since approval of the Conditional Use Permit Modification by the City Council on July 12, 2012, the Help Group has completed the improvements to the campus as permitted by the CUP modification and commenced use of the new facilities start in January of 2014.
Condition Compliance
As noted above the Conditional Use Permit conditions of approval contain a number of specific performance and operation requirements that staff has been monitoring. Staff has verified that the Help Group has complied with each of these conditions as noted below:
* Condition No. 20: The 14-foot high sound wall has been installed.
* Condition No. 52: The follow-up review reports on the operation of the Traffic Management Program (TMP) have been completed and submitted to the Planning Division for review by the Planning Manager and the City's Traffic Engineer. The Planning Manager and the City's Traffic Engineer reviewed the written report (Attachment No. 6) and video footage, and conducted a site visit to monitor and observe the operations of the drop-off and pick-up operations during a normal school day. Based on the written report and staff observations, staff has determined that the Help Group Traffic Management Plan is working as intended and that no further requirements are necessary at this time.
* Condition No. 53: The Help Group has annually submitted a letter to the Planning Manager verifying student enrollment. The Help Group has been in compliance with this condition.
* Condition No. 54: The Help Group has verified that no more than 15 permits shall be issued for students to drive to the Summit View School.
* Condition No. 55: The maximum number of staff for the combined Village Glen School and Summit View School shall not exceed 230. The Help Group has submitted verification of compliance with this condition and currently has 187 staff members.
* Condition No. 56: Transports dropping-off and picking-up students in the Grand View Boulevard parking lot and drop area (adjacent to the Washington Boulevard and Grand View Boulevard intersection) shall be permitted to exit the area using a left turn or right turn onto Grand View Boulevard. Based on monitoring by staff and information from the Traffic Management Program Evaluation the Help Group is in compliance with this condition.
* Condition No. 58: Metered street parking shall not be used for a queuing area to the site. No School-operated vehicles shall use the metered street parking at any time. Based on monitoring by staff and information from the Traffic Management Program Evaluation the Help Group is in compliance with this condition.
* The Applicant has voluntarily agreed that it shall waive its right to request any future increase in the number of students beyond the 600 students permitted by this Conditional Use Permit Modification. In addition, the school shall limit future expansions of operations to the existing campus boundary permitted for school use under the original Conditional Use Permit.
* Condition No. 60: Monetary reimbursement for lost property tax and City services. The Help Group has submitted all the required annual payments.
* Condition No. 65: The Help Group has submitted the required Traffic Management Plan implementation measures to the satisfaction of the Planning Manager to address parking and traffic in the surrounding residential neighborhood (Attachment No. 7).
Traffic Analysis
The Mitigated Negative Declaration (MND) that was adopted by the City Council for the existing CUP Modification included a traffic study which evaluated the impacts of a 650 student enrollment. That original traffic analysis, reviewed and accepted by the City's traffic engineer, identified that the project will not result in any significant impacts at any of the studied intersections. Culver City's traffic study criteria is similar to the traffic study criteria used throughout Los Angeles County, statewide and nationwide. Culver City's traffic study criteria states, "The traffic study shall assess the ability of the transportation system to accommodate additional traffic generated by the related projects and the subject project." All traffic studies consider the incremental increase in traffic caused by the subject development, and the traffic generated by the existing school use is included in the traffic counts. The projects original traffic study correctly calculated the increase in traffic generated by the project based on 250 additional special education students. There was 400 special education students enrolled at the school at that time. The traffic counts were taken on a day when school was in session. Therefore, the traffic counts recorded all the traffic on the highway system, including the traffic generated by the 400 students attending the school at that time.
As part of this current CUP Modification request the applicant has submitted an updated Traffic Impact Analysis (the "Analysis") (Attachment No. 8). The Analysis included (1) documentation of existing traffic conditions in the vicinity of the site; (2) evaluation of existing plus ambient plus related projects traffic conditions; (3) evaluation of existing plus ambient plus related projects plus the proposed project traffic conditions; (4) determination of project related significant impacts; and (5) recommendations regarding on-site circulation, access restrictions, and off-site queuing at the existing school.
The Analysis studied the trip generation for the additional 50 students is estimated based upon the current traffic occurring at the site due to the 600 student enrollment. Empirical traffic counts at the driveways were collected to reflect the current traffic conditions. The total inbound and outbound traffic volumes were then correlated to the current number of students and a trip-per-student rate was determined. As outlined in Table 3-2 on page 22 of the Traffic Impact Analysis the 50 additional students would generate approximately 23 trips occurring during the AM peak hour (17 inbound and 7 outbound) and 7 trips during the PM peak hour (2 inbound and 5 outbound). The existing plus ambient plus related projects plus proposed project (additional AM and PM peak trips from the project as noted above) analysis as outlined in Table 4-4 on page 54 of the Analysis show that the following study area intersections in the vicinity of the site are anticipated to operate at an undesirable level of service:
* Centinela Avenue at Washington Boulevard
* Inglewood Boulevard at Washington Place
* Inglewood Boulevard at Washington Boulevard
However, based on the Culver City criteria and the City of Los Angeles criteria for a significant impact as outlined in Section 4.4 of the Analysis, the additional traffic would not exceed the thresholds for significant impacts and therefore the Analysis concluded that there are no significant impacts anticipated at the study area intersections with the traffic generated by the Project's 50 additional students. Further, the Analysis concluded that the five (5) access points and drop off/pick up area would not be impacted due to the additional proposed 50 students. Based on the Analysis, no additional recommendations are provided due to the additional traffic. The Analysis has been reviewed and accepted by the City's Traffic Engineer.
Required Findings in Support of the Project Approval
Zoning Code Chapter 17.530 - "Administrative Use Permits and Conditional Use Permits" outlines procedures for reviewing AUP and CUP applications that are intended to allow for specified uses as identified in the various zoning districts, whose effect on surrounding area cannot be determined before being proposed for a particular location.
A. The proposed use is allowed within the subject zoning district with the approval of an Administrative Use Permit or Conditional Use Permit and complies with all other applicable provisions of this Title and the CCMC.
B. The proposed use is consistent with the General Plan and any applicable Specific Plan.
C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity of the subject site.
D. The subject site is physically suitable for the type and intensity of use being proposed, including access, compatibility with adjoining land uses, shape, size, provision of utilities, and the absence of physical constraints.
E. The establishment, maintenance or operation of the proposed use will not be detrimental to the public interest, health, safety, or general welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
The Applicant has submitted a project narrative along with a response to the required findings (Attachment No. 9) supporting their request for the CUP Modification. As stated in the narrative, The Help Group previously agreed to refrain from further request for increased enrollment. However, their agreement to that condition anticipated typical absorption and enrollment rates, and did not anticipate the closure of another special-needs school or the need for absorption of their students. The unanticipated and permanent closure in 2014 of the Westview School, another dedicated special needs school that operated continuously in West Los Angeles since 1975, resulted in about 110 students with special needs losing their instructional facility. The Help Group agreed to enroll 55 of those students at the Campus in summer 2014, and the remaining 55 students enrolled in the fall of 2014. This unanticipated and substantial enrollment has resulted in the school reaching the existing 600 student limit earlier than anticipated, leaving no excess enrollment space for new students who either previously lacked access to a dedicated special-needs school or are newly diagnosed with a learning or developmental disability that traditional public schools cannot accommodate. Accordingly, The Help Group has submitted the CUP Modification request to modify Conditions 53 and 59 and increase its enrollment to 650 students, for which the Campus improvements proposed in 2011 were originally designed and programmed to accommodate. Consistent with Condition 59, The Help Group does not propose an expansion of the physical campus. The Help Group also does not propose to expand the buildings within the campus.
ENVIRONMENTAL DETERMINATION:
Pursuant to Section 15162 of the California Environmental Quality Act (CEQA), Conditional Use Permit Modification (CUP/M-2015066) is within the scope of previously adopted Mitigated Negative Declaration (MND) adopted by the City Council on September 10, 2012 and as supplemented by the Traffic Impact Analysis dated October 10, 2014. The circumstances under which the MND was prepared have not significantly changed and no new significant information has been found that would impact either the MND finding, and therefore no new environmental analysis is required.
CONCLUSION:
Staff had originally recommend that the Planning Commission approve the prior Conditional Use Permit Modification to increase student enrollment from 400 to 650 students and convert existing non-school use buildings on the campus to school uses. Following denial of the CUP Modification by the Commission, the City Council on appeal approved the modification for a maximum student enrollment of 600 students which the Help Group currently operate under. As part of the Council approval a number of specific operational and performance conditions were imposed to further mitigate any potential project impacts and the Applicant has complied with said conditions. Although the Applicant has voluntarily agreed to waive its right to request future increases in student enrollment beyond 600 student, Zoning Code Section 17.595.035 - Changes to an Approved Project, an applicant may request, in writing, to amend the approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for the request.
If the Commission determines that the required findings can be made to approve the CUP Modification request staff will prepare a resolution to approve the request based on the findings as outlined above and include any additional conditions that the Commission deems appropriate. If the Commission determines that one or more of the required findings cannot be made staff will prepare a resolution to deny the request based on the stated findings made by the Commission.
ALTERNATIVE OPTIONS:
1. Continue the item to a date certain and direct staff to prepare a resolution outlining the findings and any necessary conditions for approval of the CUP Modification request.
Or
2. Continue the item to a date certain and direct staff to prepare a resolution outlining the findings for denial of the CUP Modification request.
ATTACHMENTS:
1. Approved Project Plans
2. Planning Commission Resolution No 2012-P005 dated June 20, 2012.
3. Planning Commission Minutes April 11, May 9, May 23, and June 13, 2012
4. City Council Resolution No. 2012-R-081, dated September 12, 2012.
5. City Council Minutes September 12, 2012
6. Traffic Management Program Evaluation dated March 10, 2015
7. Parking and Traffic Condition Compliance Documentation
8. Traffic Impact Analysis prepared by Trames Solutions, Inc. dated October 12, 2015
9. Applicant Project Narrative
10. Applicant Letter November 12, 2015
11. Written Correspondences
