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File #: REPORT 24-0200    Version: 1 Name:
Type: Action Item Status: Public Hearing
File created: 4/10/2024 In control: Planning Commission
On agenda: 5/21/2024 Final action:
Title: CONDITIONAL USE PERMIT (CUP 23-13) TO ALLOW A 7,214-SQUARE-FOOT PRESCHOOL AND DAYCARE WITH AN OUTDOOR PLAY AREA AT 210 PACIFIC COAST HIGHWAY IN THE SPECIFIC PLAN AREA (SPA) - 7 ZONE, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Assistant Planner Johnathon Masi)
Attachments: 1. 1. Draft Resolution #24-08, 2. 2. Project Plans, 3. 3. Project Narrative and Addendum, 4. 4. Exterior Noise and Exterior Facade Acoustical Analysis, 5. 5. Traffic Operations and Parking Study, 6. 6. SUPPLEMENTAL - Summary of Remedial Excavation and Confirmation Sampling, 7. 7. Zoning Map, 8. 8. Public Notification Package, 9. 9. Public Comments, 10. 10. SUPPLEMENTAL - Dimitri Amiridis Letter 2/15/24, 11. 11. SUPPLEMENTAL - Maddie O'Connor eComment 5/16/24, 12. 12. SUPPLEMENTAL - Rachel Hayes eComment 5/16/24, 13. 13. SUPPLEMENTAL - Anna Simonenko eComment 5/16/24, 14. 14. SUPPLEMENTAL - Amanda Hromadka eComment 5/16/24, 15. 15. SUPPLEMENTAL - Vincent Busam eComment 5/16/24, 16. 16. SUPPLEMENTAL - Maddie O'Connor second eComment 5/16/24, 17. 17. SUPPLEMENTAL - Link One from Maddie O'Connor eComment 5/16/24, 18. 18. SUPPLEMENTAL - Link Two from Maddie O'Connor eComment 5/16/24, 19. 19. SUPPLEMENTAL - Link Three from Maddie O'Connor eComment 5/16/24, 20. 20. SUPPLEMENTAL - Teri Jones eComment 5/17/24, 21. 21. SUPPLEMENTAL - Elizabeth Harsch eComment 5/18/24, 22. 22. SUPPLEMENTAL - Cynthia Furnberg Letter 5/19/24, 23. 23. SUPPLEMENTAL - Amir Mikhail Letter 5/20/24, 24. 24. SUPPLEMENTAL - Josh Krasnegor Letter 5/20/24, 25. 25. SUPPLEMENTAL - Link from Josh Krasnegor Letter 5/20/24, 26. 26. SUPPLEMENTAL - Josh Krasnegor eComment 5/20/24, 27. 27. SUPPLEMENTAL - Link One from Josh Krasnegor eComment 5/20/24, 28. 28. SUPPLEMENTAL - Link Two from Josh Krasnegor eComment 5/20/24, 29. 29. SUPPLEMENTAL - Link Three from Josh Krasnegor eComment 5/20/24, 30. 30. SUPPLEMENTAL - Suzanne Zimmerman Letter 5/20/24, 31. 31. SUPPLEMENTAL - Carolyn Petty eComment 5/20/24, 32. 32. SUPPLEMENTAL - Dan Seaman eComment 5/21/24, 33. 33. SUPPLEMENTAL - Mike Glasman Letter 5/20/24, 34. 34. SUPPLEMENTAL - Katie Saeman Email 5/20/24, 35. 35. SUPPLEMENTAL - Cynthia Furnberg Email 5/20/24, 36. 36. SUPPLEMENTAL - Craig Rogers Email 5/20/24, 37. 37. SUPPLEMENTAL - Josh Krasnegor Email 5/21/24, 38. 38. SUPPLEMENTAL - Peter and Tracy Broussinos Email 5/20/24, 39. 39. LATE SUPPLEMENTAL - Max Siskin Email 5/21/24

Honorable Chair and Members of the Hermosa Beach Planning Commission

Regular Meeting of May 21, 2024

 

Title

CONDITIONAL USE PERMIT (CUP 23-13) TO ALLOW A 7,214-SQUARE-FOOT PRESCHOOL AND DAYCARE WITH AN OUTDOOR PLAY AREA AT 210 PACIFIC COAST HIGHWAY IN THE SPECIFIC PLAN AREA (SPA) - 7 ZONE, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

(Assistant Planner Johnathon Masi)

 

Body

Recommended Action:

Recommendation

Staff recommends that the Planning Commission:

1.                     Determine the project is categorically exempt from the California Environmental Quality Act (CEQA); and

2.                     Approve a Conditional Use Permit (CUP 23-13) to allow a preschool and daycare with an outdoor playground at 210 Pacific Coast Highway, subject to conditions.

 

Body

Executive Summary:

The applicant (Amir Mikhail) is requesting a Conditional Use Permit (CUP) to convert an existing commercial building at 210 Pacific Coast Highway to a preschool and daycare with an outdoor playground. Staff recommends the Planning Commission approve the request, subject to conditions.

 

Background:

The project site is in the Specific Plan Area (SPA) -7 zone, at the intersection of Pacific Coast Highway and eastbound 2nd Street. The property is developed with an existing commercial building, previously operated as a used car dealership and body shop (Felder’s Body Shop and Sales). The applicant proposes replacing the existing use with a preschool and daycare, with an outdoor playground. Pursuant to Hermosa Beach Municipal Code (HBMC) Section 17.38.300(A), permitted commercial uses in the SPA-7 zone shall be the same as those permitted in the General Commercial (C-3) zone. Per HBMC Section 17.26.030, “Day nursery, preschool” is a conditionally permitted use in the C-3 zone and requires a CUP. Further, HBMC Section 17.40.110 provides specific minimum conditions and standards for “day nursery, preschools”, including minimum parking standards.

 

Site Information Table:

The following table describes the existing site characteristics.

 

Site Information

General Plan   

Community Commercial (CC)

Zoning

Specific Plan Area, 7 (SPA-7)

Lot Size

16,254.99 sq. ft.

Existing Square Footage

7,214 sq. ft.

Surrounding Zoning

North:

SPA-7, R-1

 

East:

R-1

 

South:

SPA-7

 

West:

SPA-7

Surrounding Uses

North:

Commercial, Single-Family

 

East:

Single-Family

 

South:

Commercial

 

West:

Commercial

 

Project Description:

The applicant proposes converting the existing 7,214-square-foot commercial building into a new daycare and preschool with a total 3,770-square-foot outdoor playground enclosed by an existing block wall ranging from 8 to 16 feet in height. The applicant proposes operating between 7 a.m. and 6 p.m. with a maximum of 77 students. The project includes a total of 11 parking spaces, with three compact spaces, one accessible space, and three spaces restricted to loading and unloading. Five parking spaces would be located in the parking lot on the north side of the property with vehicle access from Pacific Coast Highway. An additional six parking spaces would be provided on the south side of the property with vehicle access from 2nd Street. The three loading and unloading spaces would be located in the south parking lot.

 

The daycare will be required to institute operating measures to manage the drop-off and pick-up process, including being open and available to receive children during all operating hours, having at least one employee shall be in the drop-off/pick-up areas during scheduled times to ensure student safety and minimize drop-off /pick-up times, and notifying parents as part of the registration process that pick-up and drop-off may not occur on Pacific Coast Highway. The applicant will also be required to install/paint roadway markings to guide driver actions.

 

Discussion:

The project proposes retaining the existing single-story commercial building, with a small addition and interior remodel to accommodate the proposed use. Specifically, the project would demolish an existing accessory structure, and legalize an existing enclosed garage space. The project would also convert existing parking on the southeast portion of the property to an outdoor playground space, split into two sections for differing age groups. The proposed addition does not require entitlements, as the property is located in the SPA-7 zone. The SPA provides two tiers of development standards. Projects that remain within the parameters of the first tier are ministerial and do not require Planning Commission review. The proposed project remains within the first tier of development standards described by HBMC Section 17.38.320. Additionally, the project will retain the existing parking lots-the north lot accessible from Pacific Coast Highway and the south lot accessible from 2nd Street, but proposes restriping to accommodate required parking, and loading and unloading of children, as required per HBMC Section 17.40.110.

 

In accordance with the Zoning Ordinance, the purpose of a Conditional Use Permit is to allow for the individual review of specified uses: “(1) to assure that the degree of compatibility shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; and (2) to recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards through the imposition of conditions of approval if found appropriate.”

 

To demonstrate the project’s compatibility with the surrounding area and consistency with the Municipal Code and General Plan, the applicant provided an Acoustical Analysis, and a Traffic Operations and Parking Study, and a Phase 1 and Phase 2 environmental assessment.

 

Noise:

PLAN Hermosa describes a daycare use as a “sensitive receptor”. Sensitive receptors are schools, homes, hospitals, and other uses that serve individuals such as children and elderly who are susceptible to noise and other environmental impacts. The project site located on the east side of Pacific Coast Highway within the 60-70 CNEL noise contours (General Plan Figure 6.9). PLAN Hermosa establishes the interior noise standards for schools as 45 decibels(dB), and the maximum exterior CNEL is 65 dB. Additionally, the General Plan establishes a compatibility matrix, Table 6.4, for evaluating the compatibility of the CNEL contour for uses. The matrix uses an A-D rating scale, with “A” rated noise levels being clearly compatible based on noise and do not require special insultation to protect sensitive receptors, and “D” rated noise levels being clearly incompatible. Based on the established rating, the project site has a “C” rating which is “normally incompatible.” However, with a detailed analysis and incorporation of sound attenuation measures a use may be made compatible. A noise analysis was prepared by Veneklasen on April 8th and assesses interior and exterior noise exposure levels.

 

The analysis separated the building into four zones of analysis. The analysis found that the exterior noise levels would be between 65-75 dB without the proposed design features, varying based on the zone shown in Figure 2. The following features are required to bring the interior noise levels to acceptable levels: (1) Window and Door Ratings at STC 30 for Zones C and D, STC 33 for Zone B, and STC 37 for Zone A; and (2) residential mechanical ventilation units, or other means of natural ventilation, as opposed to commercial units.

 

Additionally, the analysis determined that the exterior noise levels both directed towards the subject property and projected from the site to adjacent properties. The analysis found noise generated inwards towards the site, and measured within the playground would be sufficiently reduced by the existing building configuration and block wall along the perimeter of the playground. The exterior noise generated by the use, measured at adjacent residential properties would also be within acceptable levels, assuming at most 30 children are playing at one time.

 

Traffic Operations and Parking Study:

A Traffic Operations and Parking Study (Attachment 5) dated April 24, 2024 prepared by Raju Associates, Inc. assesses the parking, loading, vehicle trips, on-site circulation, and queuing. The study provides the following conclusions based on the applicant’s proposed operations:

 

Traffic and Queueing:

The study evaluated the traffic from the project based on Vehicle Miles Traveled (VMT). The study compared existing trip generation where the existing use is auto sales (Table 6), and where the existing use is retail (Table 5 of Attachment 5). The study describes the net project trip generation for daily, AM and PM peak hours based on existing conditions, and based on the proposed use. From Table 5, the consultant concluded the project would generate fewer daily trips compared to the existing retail (65 less daily trips), and fewer PM peak hour trips (3 trips less). During the AM peak hour, the project would result in a net increase of 19 trips inbound and outbound. From Table 6, the consultant concluded the project would generate a net increase of 94 daily trips, with 38 new AM peak hours trips, and 26 new PM peak hour trips. Pursuant to SB 743, and subsequent 2019 Technical Advisory issued by the Governor’s Office of Planning and Research, projects resulting in less than 110 daily trips are presumed to not cause substantial transportation impacts. Therefore, the study concluded the generated VMT for the proposed use is within acceptable levels.

 

The study reviewed intersection Level of Service (LOS) and queueing. The study compared existing LOS and queueing of the southbound, left turn lane from Pacific Coast Highway onto 2nd Street eastbound (SBL), and the northbound, left turn lane from Pacific Coast Highway to 2nd Street west bound (NBL) (including as Table 7). The study found the proposed use would cause little to no impact to existing queueing for the NBL and SBL, compared to existing conditions.

 

Site Access and Parking Layout:

On-site parking is divided between two parking lots-the north lot accessible from Pacific Coast Highway, and the south lot accessible from 2nd Street-and provides a total of 11 parking spaces. Three parking spaces in the south parking lot would be designated for drop-off and pick-up. The applicant initially proposed two spaces on the south side of the property, and one located on the north. After analyzing the existing conditions of the site including means of accessing the site, the consultant recommended moving all pick-up/drop-off spaces to the south parking lot. Further, the study indicated three pick-up/drop-off spaces would be sufficient roughly 90 percent of the time.

 

Staff reviewed both parking lots for consistency with the Parking Lot Design Standards referenced by HBMC 17.44.130, and available on the City’s website. The project provides sufficient turning radius, adequate accessible parking, and space for loading and unloading children when parked.

 

The City’s Traffic Engineer peer-reviewed the Parking Study and made the following recommendations:

1.                     Require the applicant to paint “KEEP CLEAR” directly in front of the south parking lot on 2nd Street, to ensure vehicles exiting the lot and vehicles entering the lot are not obstructing oncoming traffic, and that clear space for circulation will facilitate more efficient entering and exiting; and

2.                     Require the applicant repaint “DO NOT ENTER” on the street to the east of the subject site, to ensure one-way traffic circulation from 2nd Street eastbound towards Pacific Coast Highway is maintained.

3.                     To reduce the bunching of trips during pick up and drop off the applicant or operator shall institute the following operating conditions:

a.                     The business shall be open and available to receive children from 7 a.m. - 6 p.m.;

b.                     At least one employee shall be in the drop-off/pick-up areas during scheduled times to ensure student safety and minimize drop-off /pick-up times.

4.                     The applicant shall notify parents as part of the registration process that pick-up and drop-off shall not occur on Pacific Coast Highway.

 

Environmental Assessment:

The applicant is proposing the conversion of a site previously operated as a car dealership and auto repair shop. A Phase 1 Environmental Site Assessment was prepared on July 22, 2019 by Geo Forward. The study found keys locations on the property where dilapidated underground structures, including sump drain networks and septic tanks, were potentially releasing hazardous substances. The assessment recommended further investigation to determine the full presence of hazardous substances. A Phase 2 Environmental Site Assessment was prepared on August 7, 2019 by Geo Forward. The study conducted a more thorough investigation of soil contamination. The assessment further supported Phase 1 observations of underground structures, and the concern these structures may be leaking hazardous substances. The assessment recommended further subsurface soil investigation, and the removal of the underground structures believed to be on the property. The property owner conducted Remedial Excavations and Confirmation Sampling (Attachment 6). The summary report was completed by Enviro Applications on November 30, 2020. The excavation included the removal of a hydraulic lift, and a sump and drywell. The excavation also confirmed the suspected underground tank was not present. Soil observations concluded remediation efforts were successful, and no further action was required.

 

Findings:

all uses which require a Conditional Use Permit (CUP). In addition to required findings for all CUPs, specific requirements for nurseries and day cares shall be made pursuant to HBMC Section 17.40.110. The use specific requirements are incorporated in the proposed conditions of approval.

 

Distance from existing residential uses;

The subject property borders residential zones along its north and east property lines. The site is developed with an existing structure that has no setback from the north property line, and a ten-foot wall that separates the proposed playground and residential properties to the east. As indicated in the attached Exterior Noise and Exterior Façade Acoustical Analysis (Attachment 3) the existing site configuration and recommended exterior design features will adequately prevent excessive effects on adjacent properties. Specifically, the existing property wall between the playground and adjacent properties, will provide adequate shielding for adjacent residences from the proposed use, as well as proper shielding for the playground from adjacent streets.

 

The amount of existing or proposed off-street parking facilities, and its distance from the proposed use;

Consistent with HBMC Section 17.40.110 concerning specific requirements for day nurseries or preschool, childcare uses with 13 or more children must provide a minimum of one parking space for every 7 children. The applicant proposes a maximum attendance of 77 students, requiring a minimum of eleven spaces on site. Project plans reflect a total of eleven spaces, with three compact spaces, one ADA accessible space, and three pick-up/drop-off spaces. The applicant prepared a Traffic Operations and Parking Study Evaluation (Attachment 4). The study found that with three pickup/drop-off spaces, the site would have adequate loading capacity roughly 91 percent of the time.

 

Location of and distance to churches, schools, hospitals and public playgrounds;

The subject site is approximately 0.4 miles from Our Lady of Guadalupe Church, 450 feet from the Ocean View Parkette, and 3.1 miles from Providence Little Company of Mary Medical Center in Torrance. The project proposes a change in use, which will not pose significant impacts to the above-mentioned sensitive facilities. The General plan recognizes the need for childcare facilities to serve residents as the family population increases.

 

The combination of uses proposed;

The project proposes a change in use from auto repair and sales to daycare with outdoor playground space. The project is consistent with the intent of the Community Commercial (CC) land use designation, as it offers a use that looks to primarily serve Hermosa Beach residents. Further, the applicant provided an Acoustical Analysis and Parking Study to demonstrate the use would not pose significant impacts to adjacent properties.

 

Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses;

The project proposes to retain the existing nonconforming property line wall, separating the subject property and adjacent residential properties to the east. Further, the Acoustical Analysis, and Traffic Operations and Parking Study include recommended design components and operating conditions to ensure compatibility with adjacent properties. The recommendations of both studies are included in the conditions of approval of the attached draft resolution (Attachment 1). Specifically, the applicant is providing window glazing to the specification details by the Acoustical Analysis, relocating pick-up/drop-off space to the south parking lot only as recommended by the Traffic Operations and Parking Study, and extending hours of operation to accommodate a more spread-out pick-up/drop-off time, consistent with the hours analyzed in the Traffic Operations and Parking Study.

 

The relationship of the proposed business-generated traffic volume and the size of streets serving the area;

The applicant provided a Traffic Operations and Parking Study that evaluates the anticipated traffic generated by the use. Further, the study found the parking is adequate for the use. However, the study recommended the assigned loading/unloading parking spaces be solely located in the south parking lot, to minimize impacts to Pacific Coast Highway. The study indicated the traffic generated by the use will not impact access for emergency services to the subject site, or adjacent properties. In addition, to minimize queueing onto Pacific Coast Highway, a condition of approval requiring the applicant paint a “KEEP CLEAR” notice on the right-of-way directly adjacent to the south parking lot driveway. Also, the applicant will be required to repaint the “DO NOT ENTER” painted in the right-of-way to the east of the subject property.

 

The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area;

Proposed signage is subject to HBMC Chapter 17.50. Proposed signage must be constructed in a manner consistent with the standards described by HBMC Chapter 17.50 or obtain a sign variance to deviate from particular design criteria.

 

The number of similar establishments or uses within close proximity to the proposed establishment;

Our Lady of Guadalupe has an existing CUP for a preschool, granted in 2011. The subject site is approximately 0.4 miles from Our Lady of Guadalupe. Our Lady of Guadalupe utilizes the preschool in combination with other uses, including a religious institution, and is located in R-1, Single-family residential zone.

 

Noise, odor, dust and/or vibration that may be generated by the proposed use;

The submitted Acoustical Analysis provides a detailed review of the proposed use and its expected impact to adjacent properties. Specifically, the analysis discusses the interior and exterior noise generated by the use, separated into Zones A-D and the playground. The Acoustical Analysis found the existing nonconforming property wall provided acoustical shielding that minimized excessive noise measured on adjacent properties. Also, the analysis indicated, with proper window glazing, expected interior noise levels will be consistent with what City standards require. Finally, the analysis assumed no more than 30 children would use the playground at any one time. A condition to explicitly limit the number of children using the playground at any one time, to ensure the conclusions of the analysis are based on actual practices on site, is included in the draft resolution.

 

Impact of the proposed use to the city’s infrastructure, and/or services;

The applicant provided a Traffic Operations and Parking Study evaluating anticipated traffic generated by the use. Further, the study found the parking is adequate for the use. The study recommended the assigned loading/unloading parking spaces be solely located in the south parking lot, to minimize impacts to Pacific Coast Highway. The study indicated the traffic generated by the use will not impact access for emergency services to the subject site, or adjacent properties.

 

Will the establishment contribute to a concentration of similar outlets in the area;

The project would not contribute to an existing concentration of similar uses, because the City has a limited number of daycare businesses in the area. The General Plan establishes the need for community-serving facilities such as childcare in the city. Additionally, the project will provide a service that is unique for the SPA-7 zone.

 

Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole.

The project proposes landscaping along Pacific Coast Highway. Staff proposes a condition of approval requiring the applicant comply with Sections 17.22.060(H), 8.60.060, and 8.60.070 to the satisfaction of the Community Development Director and Public Works Director. Specifically, an automatic landscape sprinkler system consistent with Section 17.22.060(H) shall be provided and shall be shown on plans

 

Additionally, consistent with HBMC Section 8.12.220, staff proposes a condition requiring the site maintain trash facilities appropriate for the site. Athens requires the following specifications: three bins in a trash enclosure: (1) 3 cubic yard trash bin, (1) 1.5 cubic yard recycling bin, and (1) organics cart. Total size of enclosure to accommodate all three bins must be a minimum 120” X 84” minimum.

 

Staff recommends approval of the CUP as the findings can affirmatively be made in support of the request, with the incorporation of conditions of approval (Attachment 1).

 

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

 

General Plan Consistency

Land Use Element

Findings

Goal 7. Adequate space and appropriate integration of community and school facilities that support physical activity, civic life and social connections for residents of all ages and interests.

The project proposes a service which supports the community needs of the City. Further, the property has a Community Commercial (CC) land use designation, which accommodates locally oriented uses. The project proposes a desirable use, with design features that limit impacts to adjacent properties.

Policy 7.7. Private recreational, cultural, and health care facilities. Encourage compatible development of private recreation, cultural, education, institutional and health care uses along corridors and in districts.

 

Goal 13. Land use patterns that improve the health of residents.

The project offers a new use, which may be utilized by local families. The limited access to childcare within the City support the proposed project. Further, the use would provide an essential need that is high demand in the City.

Policy 13.2 Social and health needs. Support the continuation of existing and new uses that enhance the social and health needs of residents.

 

Public Safety Element

Findings

Goal 7. Noise compatibility is considered in the land use planning and design process.

Table 6.3 outlines maximum Community Noise Equivalent Levels (CNELs). For Schools, the maximum interior CNEL is 45 dB, and the maximum exterior CNEL is 65 dB. Further, for Playgrounds, Neighborhood Parks land uses, the maximum exterior CNEL is 70 dB. The project proposes a preschool and daycare, with an exterior playground area. The applicant prepared an Acoustical Analysis which shows the interior noise levels would be sufficiently reduced with the incorporation of new and existing design features.  Additionally, the expected noise generated by the use would be within the maximum levels established by Table 6.3. Specifically, Table 3 and Table 4 of the analysis documents Interior and Exterior Noise Levels for the proposed use.

Policy 7.1. Noise standards. Adopt, maintain, and enforce planning guidelines that establish the acceptable noise standards identified in Table 6.3.

 

Policy 7.2. Noise compatibility. Utilize the Land Use/Noise Compatibility Matrix shown in Table 6.4 as a guide for future planning and development decisions.

Based on the General Plan Existing Noise Contours map (Figure 6.9) the project site falls within 60-70 CNEL levels. Table 6.4 of the General Plan provides review procedures for specific uses, based on the expected CNEL of the use. The matrix uses an A-D rating scale, with “A” rated uses not requiring special insultation to protect sensitive receptors, and “D” rated generally being incompatible. Hospital, church, library, and school classrooms with CNELs between 65 dB and 70 dB are given a C. The Zone C interpretation provides “New construction or development should normally be discouraged. If new construction or development does proceed, a detailed analysis or noise reduction requirements must be made and needed noise insulation features must be included in the design.” The Acoustical Analysis the applicant prepared, includes design features to minimize noise impacts to sensitive receptors, including installing glazed windows.

Policy 7.3. Noise analysis and mitigation. Require all proposed development projects and modifications to existing developments to be compatible with the existing and future noise levels by using the Land Use/Noise Compatibility matrix shown in Table 6.4, or equivalent city policy or code. Where proposed projects are not located in an area that is “clearly compatible”, the City will require that an acoustical study be prepared as a condition of building permit approval demonstrating compliance with the noise standards shown in Table 6.3.

The applicant prepared an Acoustical Study, consistent with Policy 7.3. Further, the analysis shows the project is within the allowable CNELs for the specific use, and includes, where necessary, design features to further minimize noise impacts to sensitive receptors.

 

Environmental Determination:

Pursuant to Section 15300.2(e) of the California Environmental Quality Act (CEQA), a categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code and identified as a Hazardous Waste Site. Staff reviewed lists compiled by the California Environmental Protections Agency (known as the Cortese List), and confirmed the subject property is not listed. Further, the applicant provided Phase 1 and 2 Environmental Site Assessments, as well as subsequent Remedial Excavation and Confirmation Sampling Results. The Summary of Remedial Excavation and Confirmation Sampling (Attachment 6) dated November 30, 2020, concluded no further investigation or mitigation was warranted at the time.

 

Pursuant to the California Environmental Quality Act (CEQA), the proposed project qualifies for a Class 3 categorical exemption, New Construction or Conversion of Small Structures, as defined in section 15303 of the CEQA Guidelines, as it consists of the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Moreover, none of the exceptions to the categorical exemption(s) apply, nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environmental due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway.

 

Public Notification:

For the May 21st Planning Commission hearing, a total of 544 public hearing notices were mailed to occupants and property owners of properties within a 500-foot radius on May 9, 2024. A legal ad was published on May 9, 2024 in the Easy Reader, a newspaper of general circulation.  Additionally, the applicant received two notice posters to post on-site and provided proof of posting a minimum of ten days in advance of the public hearing, in accordance with HBMC Section 17.68.050. Public notification materials are included as Attachment 7. As of the writing of the report, staff has received two public comments (Attachment 8).

 

Attachments:

1.                     Draft Resolution #24-08

2.                     Project Plans

3.                     Project Narrative and Addendum

4.                     Exterior Noise and Exterior Façade Acoustical Analysis

5.                     Traffic Operations and Parking Study

6.                     SUPPLEMENTAL - Summary of Remedial Excavation and Confirmation Sampling

7.                     Zoning Map

8.                     Public Notification Package

9.                     Public Comments

10.                     SUPPLEMENTAL - Dimitri Amiridis Letter 2/15/24

11.                     SUPPLEMENTAL - Maddie O'Connor eComment 5/16/24

12.                     SUPPLEMENTAL - Rachel Hayes eComment 5/16/24

13.                     SUPPLEMENTAL - Anna Simonenko eComment 5/16/24

14.                     SUPPLEMENTAL - Amanda Hromadka eComment 5/16/24

15.                     SUPPLEMENTAL - Vincent Busam eComment 5/16/24

16.                     SUPPLEMENTAL - Maddie O'Connor second eComment 5/16/24

17.                     SUPPLEMENTAL - Link One from Maddie O'Connor eComment 5/16/24

18.                     SUPPLEMENTAL - Link Two from Maddie O'Connor eComment 5/16/24

19.                     SUPPLEMENTAL - Link Three from Maddie O'Connor eComment 5/16/24

20.                     SUPPLEMENTAL - Teri Jones eComment 5/17/24

21.                     SUPPLEMENTAL - Elizabeth Harsch eComment 5/18/24

22.                     SUPPLEMENTAL - Cynthia Furnberg Letter 5/19/24

23.                     SUPPLEMENTAL - Amir Mikhail Letter 5/20/24

24.                     SUPPLEMENTAL - Josh Krasnegor Letter 5/20/24

25.                     SUPPLEMENTAL - Link from Josh Krasnegor Letter 5/20/24

26.                     SUPPLEMENTAL - Josh Krasnegor eComment 5/20/24

27.                     SUPPLEMENTAL - Link One from Josh Krasnegor eComment 5/20/24

28.                     SUPPLEMENTAL - Link Two from Josh Krasnegor eComment 5/20/24

29.                     SUPPLEMENTAL - Link Three from Josh Krasnegor eComment 5/20/24

30.                     SUPPLEMENTAL - Suzanne Zimmerman Letter 5/20/24

31.                     SUPPLEMENTAL - Carolyn Petty eComment 5/20/24

32.                     SUPPLEMENTAL - Dan Seaman eComment 5/21/24

33.                     SUPPLEMENTAL - Mike Glasman Letter 5/20/24

34.                     SUPPLEMENTAL - Katie Saeman Email 5/20/24

35.                     SUPPLEMENTAL - Cynthia Furnberg Email 5/20/24

36.                     SUPPLEMENTAL - Craig Rogers Email 5/20/24

37.                     SUPPLEMENTAL - Josh Krasnegor Email 5/21/24

38.                     SUPPLEMENTAL - Peter and Tracy Broussinos Email 5/20/24

39.                     LATE SUPPLEMENTAL - Max Siskin Email 5/21/24 (received at 6:11 pm)

 

 

Respectfully Submitted by: Johnathon Masi, Assistant Planner

Concur: Alexis Oropeza, Planning Manager

Legal Review: Patrick Donegan, City Attorney

Approved: Carrie Tai, AICP, Community Development Director