RESOLUTION NO

Transcription

1 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTLAKE VILLAGE APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO AND A MODIFICATION TO PLANNED DEVELOPMENT PERMIT NO , AUTHORIZING THE OPERATION OF STUDENT HOUSING FACILITIES IN CONJUNCTION WITH THE OPERATION OF OAKS CHRISTIAN SCHOOL AND BUILDING MODIFICATIONS ASSOCIATED WITH THE STUDENT HOUSING USE, LOCATED AT CEDAR VALLEY DRIVE THE CITY COUNCIL OF THE CITY OF WESTLAKE VILLAGE HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. A request was filed by Oaks Christian School for a modification to Conditional Use Permit No allowing the student housing use of a building located at Cedar Valley Drive, and for a modification to Planned Development Permit No , for building modifications associated with the conversion to student housing. Section 2. For the purposes of approving the Conditional Use Permit modification, the City Council finds that: a. Said request was filed with the City of Westlake Village on December 1, 2016, and was determined to be complete on December 5, b. The project is exempt from the provisions of the California Environmental Quality Act as a Class 5 (Minor Alterations in Land Use Limitations) Categorical Exemption. c. The public hearing on this matter was duly noticed pursuant to Section of the Westlake Village Municipal Code. d. A public hearing was conducted by the City Council on December 14, e. The proposed addition and conversion will change the existing office use of the building to student housing, which is conditionally permitted within the Business Park (BP) zone pursuant to Ordinance No and will comply with all of the applicable provisions of that zone. f. With the application of conditions included in Exhibit A of Resolution No , the proposed uses would not impair the integrity and character of the BP zone because the proposed use is conditionally permitted within the zone, pursuant to Ordinance No , and adequate infrastructure exists to accommodate it. g. With the application of conditions included in Exhibit A of Resolution No , the proposed use would be compatible with existing and future land uses within the BP zone and the general area in which the proposed use is to be located, because the orientation of student access to the Public Hearing 2 - Attachment 1

2 existing building will be changed so that students may only access the building from the main campus and not from Cedar Valley Drive, and the proposed use is conditionally permitted in the BP zone. h. The proposed use is a renovation of an existing developed site, which is currently served with adequate utility services, has adequate ingress and egress, and, in conjunction with the adjacent Oaks Christian School property, has sufficient space to accommodate required parking and landscaping. Therefore, with the application of conditions included in Exhibit A of Resolution No , the subject site would be physically suitable for the proposed land use. i. The proposed project is an addition to an existing office building, and is adequately served by existing public utilities. Therefore, with the application of conditions included in Exhibit A of Resolution No , there would be adequate provisions for water, sanitation and public utilities and services to insure that the proposed use would not be detrimental to public health and safety. j. The proposed project is a conversion of use and an addition to an existing office building with adequate ingress and egress for vehicles from Cedar Valley Drive. The proposed project would result in fewer persons and vehicles accessing the property from Cedar Valley Drive. Therefore, with the application of conditions included in Exhibit A of Resolution No , there would be adequate provisions for public access to serve the subject facility. k. The proposed project is a conversion of an existing office building to student housing, pursuant to Ordinance No , which establishes student housing as a conditionally permitted use in the BP zone. Therefore, with the application of conditions included in Exhibit A of Resolution No , the proposed use would be consistent with the objectives, policies, general land uses and programs of the Westlake Village General Plan. l. The proposed project involves the conversion of an existing office building to student housing. All applicable laws and regulations of the Los Angeles County Building and Safety Division, Los Angeles County Fire Department, and the Los Angeles County Health Department will be required to be complied with prior to occupancy of the building with students. Furthermore, the physical and operational characteristics of the facility will maintain an adequate separation between the student housing and surrounding businesses and properties. Therefore, with the application of conditions included in Exhibit A of Resolution No , the proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare. m. The City Council has reviewed and concurs with the analysis and conclusions set forth in the Staff Report dated December 14, Public Hearing 2 - Attachment 1 2 of 7

3 Section 3. For the purposes of approving the Planned Development Permit modification, the City Council finds that: b. Said request was filed with the City of Westlake Village on December 1, 2016, and was determined to be complete on December 5, b. The project is exempt from the provisions of the California Environmental Quality Act as a Class 1 (Existing Facilities) Categorical Exemption. c. The public hearing on this matter was duly noticed pursuant to Section of the Westlake Village Municipal Code. d. A public hearing was conducted by the City Council on December 14, e. The proposed addition and conversion will change the existing office use of the building to student housing, which is conditionally permitted within the Business Park (BP) zone pursuant to Ordinance No and will comply with all of the applicable provisions of that zone. f. With the application of conditions included in Exhibit A of Resolution No , the proposed uses would not impair the integrity and character of the BP zone because the proposed use is conditionally permitted within the zone, pursuant to Ordinance No , and adequate infrastructure exists to accommodate it. g. The proposed use is a renovation of an existing developed site, which is currently served with adequate utility services, has adequate ingress and egress, and, in conjunction with the adjacent Oaks Christian School property, has sufficient space to accommodate required parking and landscaping. Therefore, with the application of conditions included in Exhibit A of Resolution No , the subject site would be physically suitable for the proposed land use. h. With the application of conditions included in Exhibit A of Resolution No , the proposed use would be compatible with existing and future land uses within the BP zone and the general area in which the proposed use is to be located, because the orientation of student access to the existing building will be changed so that students may only access the building from the main campus and not from Cedar Valley Drive, and the proposed use is conditionally permitted in the BP zone. i. The proposed project is an addition to an existing office building, and is adequately served by existing public utilities. Therefore, with the application of conditions included in Exhibit A of Resolution No , there would be adequate provisions for water, sanitation and public utilities and services to insure that the proposed use would not be detrimental to public health and safety Public Hearing 2 - Attachment 1 3 of 7

4 j. The proposed project is a conversion of use and an addition to an existing office building with adequate ingress and egress for vehicles from Cedar Valley Drive. The proposed project would result in fewer persons and vehicles accessing the property from Cedar Valley Drive. Therefore, with the application of conditions included in Exhibit A of Resolution No , there would be adequate provisions for public access to serve the subject facility. k. The proposed project is a conversion of an existing office building to student housing, pursuant to Ordinance No , which establishes student housing as a conditionally permitted use in the BP zone. Therefore, with the application of conditions included in Exhibit A of Resolution No , the proposed use would be consistent with the objectives, policies, general land uses and programs of the Westlake Village General Plan. l. The proposed project involves the conversion of an existing office building to student housing. All applicable laws and regulations of the Los Angeles County Building and Safety Division, Los Angeles County Fire Department, and the Los Angeles County Health Department will be required to be complied with prior to occupancy of the building with students. Furthermore, the physical and operational characteristics of the facility will maintain an adequate separation between the student housing and surrounding businesses and properties. Therefore, with the application of conditions included in Exhibit A of Resolution No , the proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare. m. The City Council has reviewed and concurs with the analysis and conclusions set forth in the Staff Report dated December 14, Section 4. Based on the aforementioned findings, the City Council hereby approves a modification to Conditional Use Permit No allowing the student housing use of a building located at Cedar Valley Drive, and for a modification to Planned Development Permit No , for building modifications associated with the conversion to student housing. Section 5. This Resolution shall become effective upon the effective date of Ordinance No PASSED, APPROVED and ADOPTED this 14 th day of December, ATTEST: Brad Halpern, Mayor Beth A. Schott, City Clerk Public Hearing 2 - Attachment 1 4 of 7

5 EXHIBIT "A" CONDITIONS OF APPROVAL RESOLUTION NO CONDITIONAL USE PERMIT NO Modification PLANNED DEVELOPMENT PERMIT NO Modification 1. All conditions of Conditional Use Permit No and Planned Development Permit No , and any subsequent modifications, shall continue to apply, unless modified by this resolution. 2. This approval authorizes the operation of student housing within a building located at Cedar Valley Drive, and for building modifications associated with the conversion to student housing, as shown on Exhibit B attached hereto. 3. This permit shall not become effective for any purpose until the owner of the subject property or his/her duly authorized representative has filed with the office of the Planning Director an affidavit stating that he/she is aware of, and accepts all conditions of this approval. Said affidavit shall be recorded with the Los Angeles County Recorder. 4. It is hereby declared to be the City's intent that if any provision of this permit is held or determined to be invalid, this approval shall be void and the privileges granted hereunder shall lapse. 5. The subject facility shall comply with all requirements of the Municipal Code and of the specific zone in which it is located. 6. All improvements and operations at the subject premises shall comply with the requirements of all applicable public agencies, including but not limited to the Division of Building and Safety, and the Los Angeles County Fire and Sheriff Departments. 7. The subject facility shall be continuously maintained in compliance with the requirements of the Los Angeles County Health Officer. Adequate water and sewer facilities shall be provided to the satisfaction of said Health Officer. 8. To prevent impaction of parking to be utilized for businesses still occupying the building, parking for office occupancies, to include guest parking, shall be clearly identified by pavement marking or signage. On-site parking for residents of the building shall be available only to families and guests of the Resident Assistants, with student parking prohibited on-site and restricted to locations on-campus. The number of student residents allowed to keep vehicles shall be monitored by the applicant to ensure that adequate parking on campus is available to accommodate these vehicles. 9. All Oaks Christian School students shall be required to park on the main campus Public Hearing 2 - Attachment 1 5 of 7

6 Students shall enter and leave the property at only via the walkway to the main campus, Monday through Friday, between the hours of 7:30 am and 5:30 pm. 10. Pick-up and drop-off of students shall only occur on the main campus, and shall not be permitted on Cedar Valley Drive or at the subject building. 11. Student access to parking areas facing Cedar Valley Drive shall be restricted by tubular steel security fencing at least 5 feet in height, as approved by the Planning Department, and shall only be permitted for emergency egress. Exceptions granting access may be made on a periodic basis, subject to approval of the Oaks Christian School administration, for access to the parking area for the purposes of students moving in or moving out. Whenever possible, such exceptions should take place on weekends or holidays, or between the hours of 5:00 pm and 10:00 pm, Monday through Friday. 12. Until such time as the entire building is occupied by student housing, interior portions of the building used for non-school uses shall be separated from portions used for student housing. Such separation shall ensure that students may not access the non-school portions of the building, except for purposes of emergency egress, and that non-school portions of the building shall not have access to student-occupied portions, unless access is required to be provided by the Building and Safety Division or Fire Department for emergency egress purposes. One way doors, with appropriate locking and alarm mechanisms shall be used to ensure this separation. 13. Student housing areas shall have the capability of being locked down to prevent entry in the event of a campus emergency. Emergency lock-down plans shall be coordinated with the Los Angeles County Sheriff s Department. 14. The applicant shall provide adult Resident Assistants in a ratio of at least 1 assistant per 35 student residents, who shall reside in the student housing building. These Resident Assistants, and any adult family members residing with them, shall be trained in: first aid, CPR, and Automatic External Defibrillator (AED) usage; youth protection and abuse prevention; youth crisis intervention; fire safety; emergency evacuation; lock-down procedures; and general health and sanitation practices. At least one Resident Assistant shall be on-campus and on-duty to assist students at all times, including holidays and vacation periods, when student residents are present. 15. Fully stocked first aid kits and fully charged AED devices shall be available in common hallways adjacent to the Resident Assistants residences, and in student common rooms. Fire extinguishers shall be provided as required by the Fire Department, with an additional extinguisher in each Resident Assistant s residence. 16. Violation of permit conditions, or impacts which are not adequately mitigated by these conditions, shall be grounds for the City Council s Land Use Committee and Public Hearing 2 - Attachment 1 6 of 7

7 staff to refer the permit back to the City Council for permit modification or revocation. 16. A member of school administration with sufficient authority to enforce all conditions of this permit, shall be present during normal business hours, and shall be able to be contacted by Resident Assistants at any time. The premises shall be maintained in a neat and orderly fashion at all times. 17. Authorization for the student housing use shall expire upon the expiration of Conditional Use Permit No , and shall be extended upon the extension of said permit unless specifically excepted by the City Council. An Extension of Time may be requested at least 45 days prior to such expiration date as provided by the Westlake Municipal Code. Unless the permit is extended, all rights to maintain the student housing use of the subject buildings shall be extinguished. 18. The facility shall not, at any time, exceed the noise levels established in Section (Property Noise Levels) of the Municipal Code. Actions shall be taken when necessary (such as reduction of volume of amplified voice or music) to ensure that these levels are not exceeded. 19. Any future changes to location, floor area, or business operation must be approved in advance by the Planning Department, or if required, by the City Council. c:\nrportbl\rwgiman1\tboga\ _1.docx Public Hearing 2 - Attachment 1 7 of 7

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